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HEX Backup Documents 02/26/2015 COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS FEBRUARY 26, 2015 Court Reporter AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,FEBRUARY 26,2015 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: NOTE: This item has been moved to the CCPC and BCC process and will not be heard at this meeting A. PETITION NO. CUR — PL20140000808 — Maple Leaf Learning, LLC requests a Conditional Use Re-Review of the conditions of approval attached to Resolution No. 79-97, which established a conditional use, formerly known as a provisional use, for a child care center in a RMF-6 zoning district, formerly a RM-IA zone, to increase the maximum number of children allowed in the child care center from 25 children to 60 children, and to add new conditions of approval, for Lot 6, Block 195, Golden Gate Unit 6, in Section 21,Township 49 South, Range 26 East,Collier County,Florida. [Coordinator: Mike Sawyer, Project Manager] 3. APPROVAL OF PRIOR MEETING MINUTES: 4. ADVERTISED PUBLIC HEARINGS: A. PETITION PE-PL20140000538 - Capri Christian Church, Inc., requests approval of a parking exemption pursuant to LDC Section 4.05.02 K.3 to allow an ofd site parking lot to be separated from the church property it serves by a 60-foot lot under separate ownership, within a Residential Single- Family (RSF-4) zoning district. The proposed off-site parking is located on Lots 429 and 430 of Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: Fred Reischl,AICP,Principal Planner] B. PETITION NO. PDI-PL20140002801—Petitioner,Taylor Morrison of Florida, Inc.,requests an insubstantial change to Ordinance No. 11-41, the Hacienda Lakes Mixed Use Planned Unit Development, to reduce the front yard setback for secondary front yards on residential corner lots from 20 feet to 10 feet for the residential development known as Esplanade at Hacienda Lakes. The subject property is located approximately one-half mile east of the intersection of Collier Boulevard (CR 951) and Rattlesnake Hammock Road (CR 864) in Section 23, Township 50 South, Range 26 East, in Collier County, Florida.[Coordinator: Kay Deselem,AICP,Principal Planner] C. PETITION NO.DR-PL20140002448—Petitioner,Coastal Beverage,LTD.,requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks relief from LDC Section 4.02.01 A., Table 2.1, to allow a minimum side yard setback of 24± feet instead of 50 feet for the north property line; from LDC Section 4.06.02 C.4.d, to allow four existing pervious paver parking spaces to encroach 3 feet into the required 10-foot landscape buffer; from LDC Section 4.06.03 B.2, to allow the parking row south of the access point off Commercial Blvd. to have no terminal landscape island instead of one island on each end of the row; from LDC Section 4.06.03 B.2, to allow a parking row without a landscaped island to have 11 parking spaces in one row and 12 spaces in another row instead of a maximum 10 spaces; from LDC Section 4.05.02 L,Table 16,to allow a minimum parking aisle width of 23±feet instead of 24 feet; from LDC Section 4.02.01 B.2,to allow a minimum of 28% of gross area to be devoted to usable open space instead of 30%; from LDC Section 4.02.12 A, to allow a 4-foot screen instead of a 7-foot screen for outdoor storage; and from LDC Section 4.06.02 C,to allow a Type B landscape buffer along Commercial Blvd. and Mercantile Ave. to have a height of 3 feet at planting that is maintained at 4 feet, instead of 5 feet at planting that is maintained at 6 feet, for the Coastal Beverage Facility redevelopment project consisting of 8.24± acres of land, located on the northwest corner of the Livingston Road and Progress Avenue intersection, in Section 36, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Fred Reischl,AICP,Principal Planner] D. PETITION NO. ZVL (CUD) — PL20140002581 - Cameron Partners II, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of General Warehousing and Storage (SIC 4225), indoor air-conditioned mini-storage and self-storage only, is comparable in nature to other permitted principal uses within the Activity Center Commercial District under Section 6.4 of the Heritage Bay PUD,Ordinance No.03-40, as amended. The subject property is located at the northeast quadrant of the Collier Boulevard(CR 951)and Immokalee Road intersection, in Section 23, Township 48 South, Range 26 East, Collier County, Florida. [Coordinator: Fred Reischl,AICP,Principal Planner] E. PETITION NO. ZVL(CUD)PL20140002784—Autumn Blossoms, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Assisted Living Facility is comparable in nature to other permitted Commercial/Tract `B" uses under Section 3.02.A of the Miceli PUD,Ordinance No. 92-62, as amended. The subject property is located on the south side of U.S. 41 East, 200 feet north of Raintree Lane, in Section 29, Township 50 South, Range 26 East, Collier County, Florida, consisting of 8.7 acres. [Coordinator: Fred Reischl, AICP, Principal Planner] 5. OTHER BUSINESS 6. ADJOURN HEX 2-25-15 PE—PL201 40000538 Ann P. Jennejohn CAPRI CHRISTIAN CHURCH From: Reischl, Fred Sent: Thursday, January 29, 2015 2:21 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Lang, Ashley; Kendall, Marcia Subject: Ad Request PE-PL20140000538 Capri Cristian Church Attachments: Ad Map PEPL14538(2X3).pdf; Ad Request - signed.pdf; Ad Request.docx Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for approval prior to processing. Thanks! Fred Fred Reischl, AICP Principal Planner Planning & Zoning Department Phone: 239-252-4211 colliergov.net Co er caurrty Under Florida Law,e-mail addresses are public records.It you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 • Ann P. Jennejohn From: Rodriguez, Wanda Sent: Thursday, January 29, 2015 2:50 PM To: Minutes and Records; Reischl, Fred Cc: Stone, Scott Subject: re:Ad Request PE-PL20140000538 Capri Cristian Church Attachments: Ad Map PEPL14538(2X3).pdf;Ad Request - signed.pdf; Ad Request.docx The title conforms with the most recent one approved by this office, and the requested run date is good. OK to proceed. Wanda Rodriguez, _r`1CP .ctvanced Certified Paralegal Office of the County Attorney (239)252-8400 From: ReischlFred Sent: Thursday, January 29, 2015 2:21 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; Patricia L. Morgan; NeetVirginia; RodriguezWanda; LangAshley; KendallMarcia Subject: Ad Request PE-PL20140000538 Capri Cristian Church Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for approval prior to processing. Thanks! Fred Fred Reischl, AICP Principal Planner Planning & Zoning Department Phone: 239-252-4211 colliergov.net Cotkr County Under Florida Law,e-mail addresses are public records.It you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 January 29, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on February 6, 2015, and furnish proof of publication to the attention of Fred Reischl, Principal Planner in the Planning & Zoning Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING&ZONING Zoning Services Section FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Authorizid.Besignee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,February 26, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104, to consider: PETITION PE-PL20140000538 —Capri Christian Church, Inc., requests approval of a parking exemption pursuant to LDC Section 4.05.02 K.3 to allow an off-site parking lot to be separated from the church property it serves by a 60-foot lot under separate ownership, within a Residential Single-Family (RSF-4) zoning district. The proposed off-site parking is located on Lots 429 and 430 of Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida riptc 16Werl so, , �� D 1 1 ,_ N , _ ,.. tr lirli N ' (s.R.951) Q 1 COLLIER BOULEVARD Iw' Z - __ #1� tribal I i 2 1 1 N Acct #076397 January 30, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PE-PL20140000538, Capri Christian Church (Display Ad) Dear Legals: Please advertise the above referenced notice (w/Map) on Friday, February 6, 2015 and send Duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500154426 January 30, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map Friday, February 6, 2015, and furnish proof of publication to the attention of the Boards Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida, 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING & ZONING Zoning Services Section PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 26, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL 34104 to consider: PETITION PE-PL20140000538 — Capri Christian Church, Inc., requests approval of a parking exemption pursuant to LDC Section 4.05.02 K.3 to allow an off-site parking lot to be separated from the church property it serves by a 60-foot lot under separate ownership, within a Residential Single-Family (RSF-4) zoning district. The proposed off-site parking is located on Lots 429 and 430 of Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida • ♦GA Or , N _. II _ N TWIrelp $ r\ 1 � N^�J 0p' _Q m � COLR O ARD� Mfg 'A Ann P. Jennejohn From: Ann P. Jennejohn Sent: Friday, January 30, 2015 2:28 PM To: Naples Daily News Legals Subject: PE-PL20140000538 Display Notice w/MAP Attachments: PE-PL20140000538.doc; PE-PL20140000538.doc; PE-PL20140000538.pdf Hi again, Please advertise the attached Notice (w/MAP) on Friday, February 6, 2015. I'll be sending one more display ad in about 5 minutes Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 1 Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Wednesday, February 04, 2015 3:26 PM To: Ann P.Jennejohn Subject: #231123944.CCHex.Capri Christian Church Proof.020615 Attachments: NDN231123944.CCHEX.Capri Christian Church.020615.pdf Hi Ann! Please provide approval ASAP for publication on 02.06.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidoraNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 apits Baal ra om PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 26, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION PE-PL20140000538 - Capri Christian Church, Inc., requests approval of a parking exemption pursuant to LDC Section 4.05.02 K.3 to allow an off-site parking lot to be separated from the church property it serves by a 60-foot lot under separate ownership,within a Residential Single-Family (RSF-4) zoning district. The proposed off-site parking is located on Lots 429 and 430 of Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. 30 - w TAP*Pr ze in oJ' I z�m ■ ARCO: i SHORES' C.C. C.R.952 ll_. PROJECT If O'CAPRI 3z�'l/�t• LOCATION P 33� „� ,�, ` MARCO IG� VISNORES All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.231123944 February 2.2015 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Thursday, February 05, 2015 8:31 AM To: Ann P.Jennejohn; Reischl, Fred Subject: RE: Capri Christian Church Proof Other than the date at the bottom, the ad looks good. Wanda Rodriguez, ACT Advanced Certified ParaCegaC Office of the County Attorney (239)252-8400 From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Sent: Wednesday, February 04, 2015 4:12 PM To: RodriguezWanda; ReischlFred Subject: Capri Christian Church Proof I'll notify NON the date is wrong down in the bottom right hand corner of the notice. Ann From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Wednesday, February 04, 2015 3:26 PM To: Ann P. Jennejohn Subject: #231123944.CCHex.Capri Christian Church Proof.020615 Hi Ann! Please provide approval ASAP for publication on 02.06.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidora(u�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 :Naples Bath; Nrats fe'''sNewscom Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 26, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION PE-PL20140000538 — Capri Christian Church, Inc., requests approval of a parking exemption pursuant to LDC Section 4.05.02 K.3 to allow an off-site parking lot to be separated from the church property it serves by a 60-foot lot under separate ownership, within a Residential Single-Family (RSF-4) zoning district. The proposed off-site parking is located on Lots 429 and 430 of Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. 30 0 1 28 m I 27 LAI"MARCO �w SH ORES ' po� rIS - — C.R.852 PROJECT CAPRI 32 'll'P LOCATION MARCO SHORES 1 1411 MaIIIMEN All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.231123944 February 6.2015 Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Thursday, February 05, 2015 11:26 AM To: Ann P. Jennejohn Subject: RE: #231123944 - REVISED CCHEX.Capri Church.020615 Released... Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidoraNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 „ . ; 4c UPI NapiesNewskom From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Sent: Thursday, February 05, 2015 11:24 AM To: Polidora, Carol Subject: RE: #231123944 - REVISED CCHEX.Capri Church.020615 Beautiful, please publish tomorrow. Thank you, Carol! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Thursday, February 05, 2015 11:22 AM To: Ann P. Jennejohn Subject: #231123944 - REVISED CCHEX.Capri Church.020615 Ann, REVISED attached for approval... Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidora @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 26, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: NAPLES DAILY NEWS PETITION PE-PL20140000538 - Capri Christian Church, Inc., requests Published Daily approval of a parking exemption pursuant to LDC Section 4.05.02 K.3 to Naples,FL 34110 allow an off-site parking lot to be separated from the church property it serves by a 60-foot lot under separate ownership,within a Residential Single-Family (RSF-4) zoning district. The proposed off-site parking is located on Lots 429 Affidavit of Pub1icatl and 430 of Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 State of Florida East, Collier County, Florida. Counties of Collier and Lee 30 �r 28 m o r /11r1. ¢ m MARCO H W �;� SHORES Before the undersigned they serve as C.C. appeared Daniel McDermott who on 1 INIL I nside Sales Manager of the Naples D. I°.8.952 PROJECT newspaper ublished at Na les in Co FOF CAPRI 32 ' $ LOCATION p p i� distributed in Collier and Lee counties ∎-, t N�191� attached copy of the advertising,being MARCO 44it 1 .� SHORES PUBLIC NOTICE ��sm.= All interested parties are invited to appear and be heard. All materials used in the matter of PUBLIC NOTICE in presentation before the Hearing Examiner will become a permanent part was published in said newspaper 1 tim of the record. on February 6, 2015. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Affiant further says that the said Nap Horseshoe Drive, Naples, FL. published at Naples, in said Collier Col newspaper has heretofore been continu The Hearing Examiner's decision becomes final on the date rendered. If a County, Florida; distributed in Collier; person decides to appeal any decision made by the Collier County Hearing each day and has been entered as secon Examiner with respect to any matter considered at such meeting or hearing, office in Naples, in said Collier County he will need a record of that proceeding, and for such purpose he may need year next preceding the first publicatio to ensure that a verbatim record of the proceedings is made, which record y p g p includes the testimony and evidence upon which the appeal is to be based. advertisement; and affiant further says • promised any person, firm or corporatic If you are a person with a disability who needs any accommodation in order commission or refund for the purpo e o to participate in this proceeding, you are entitled, at no cost to you, to the publication in the saidnewspaper. provision of certain assistance. Please contact the Collier County Facilities _ Management Department located at 3335 Tamiami Trail East, Suite 101, t `� -A Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the (Signature of affiant) meeting. Mark Strain, Chief Hearing Examiner Sworn to and dub§criNd before me Collier County, Florida r ,. 13th day o i•ebru., , 2015 No.231123944 _ _ February 6,2015 (Signature of notary public) "" CAROL POLIDORA Notary Public-State of Fiorida `. 5 Commission#FF 185630 '.�,F7f` . My Comm.Expires Dec 28,2018,V I,�' Bonded through National Notary As OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez,ACP DATE: March 6, 2015 RE: Hearing Examiner Decision(s) from February 26, 2015. Attached are four signed HEX decisions from the Hearing Examiner hearing on February 26, 2015. HEX No. 2015-06 will be transmitted at a later date. Attachments: HEX No. 2015 —04 HEX No. 2015 —05 HEX No. 2015 —07 HEX No. 2015 —08 [05-00A-01253/813782/1]744 HEX NO. 2015—08 HEARING EXAMINER DECISION PETITION PE-PL20140000538 —Capri Christian Church, Inc., requests approval of a parking exemption pursuant to LDC Section 4.05.02 K.3 to allow an off-site parking lot to be separated from the church property it serves by a 60-foot lot under separate ownership, within a Residential Single-Family (RSF-4) zoning district. The proposed off-site parking is located on Lots 429 and 430 of Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. DATE OF HEARING: February 26, 2015. STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 4.05.02 K.3.b of the Land Development Code has been met and the petition is approved. ANALYSIS: The staff report includes 27 letters from the Isle of Capri neighborhood supporting the parking exemption. At a neighborhood information meeting held on February 3, 2015, six members of the public attended with no opposition or questions noted. Two members of the public attended this Parking Exemption hearing and did not express opposition. DECISION: The Hearing Examiner hereby approves Petition PE-PL20140000538 filed by Blair Foley, P.E., representing Capri Christian Church, Inc., to allow an off-site parking lot within a Residential Single-Family (RSF-4) zoning district, as more particularly described herein, to be separated from the church property it serves, located at 111 East Hilo Street, by a 60-foot lot under separate ownership. The off-site parking lot shall be located as depicted in Exhibit A, and shall be subject to the conditions set forth below. This Parking Exemption decision does not constitute approval of a site plan. ATTACHMENTS: Exhibit A—Off-Site Parking Location LEGAL DESCRIPTION: Lots 429 and 430, Isles of Capri, No. 2, according to the plat thereof, as recorded in Plat Book 3, Page 46, of the Public Records of Collier County, Florida. [14-CPS-01376/1151165/1137 1 of 2 CONDITIONS: 1. The applicant shall obtain a ROW permit and construct a sidewalk, 6 feet in width, from the lot to the church property prior to the final inspection. 2. The subject site is to be used for parking, water management, landscaping and directional and safety signage only. Other structures, including dumpsters, are not permitted. 3. The plant material in the buffers shall include trees that are a minimum of 3-inch caliper, having a 12-14 foot height at planting, and spaced 20 feet on center. 4. This Parking Exemption is for a maximum of 27 parking spaces. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. 3 S 20 t S— pa)JA. Date Mark Strain, Hearing Examiner Appi ed as1 form and legality: Scott A. Stone Assistant County Attorney [14-CPS-01376/1151165/1]37 2 of 2 Exhibit A Capri Christian Church Off-Site Parking Location s3"222 ' 422 234 421 Al 4G0 A 419 'Ino• . .. 4f, 416 �1. ' 1 �� 41 ae 390 431 11. t____-- i7 yj ; 1 4'4 �t7 a33 < ,--4'3 " ` I BD41 1 Ii 417 383 395 396 i 1 ~-411 397 i 410 TOP380 379i 9 J/:J ii 7.9I PAR • ■ Existing Church Proposed Parking x- n ► ,� . 4 v ., ki ..- • % 6-. •.. k .40 "4 .,.. . ,. ..77.7:::; . _ ., =-. ". or- - 1 -- 14.frk litok. IN 7_.4.,,,e, , lk -. t . �t. d 1 • ,,� y F�' y Y1 444:4 ♦ 'w sy, „,-�1 . ;f'� ,' `�„'aN Sub ".:+. r""' , °Ar:...t tikl , . - A 1111 71111 f a f/ /7\tA•k; 's I t T 1444 s, ;� r ° •1v _ 1° 1 �,r' t if e4 IF ..‘. s 4: 117*, a.. ..., AGENDA ITEM 4-A Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION HEARING: FEBRUARY 26, 2015 SUBJECT: PETITION PE-PL20140000538, CAPRI CHRISTIAN CHURCH PARKING EXEMPTION PROPERTY OWNER/AGENT: Owners: Thomas J. & Sharon L. Austen James A. &Jeanne L. Eliason 836 Corn Planters Circle Jeremiah J. Eliason Carolina Shores,NC 28467 N9840 T Lane Necedah, WI 54646 Contract Capri Christian Church, Inc. Purchaser: 111 East Hilo Street Naples, FL 34113 Agent: Blair A. Foley, P.E. 120 Edgemere Way South Naples, FL 34105 REQUESTED ACTION: The Applicant wishes to have the Collier County Hearing Examiner (HEX) consider an application for a Parking Exemption pursuant to Section 4.05.02.K.3. of the Land Development Code (LDC) to permit additional parking for a church on a lot that is not contiguous to the church. GEOGRAPHIC LOCATION: The subject site is 0.30± acre, platted as Lots 429 and 430 Isle of Capri No. 2. It is located on Pago Pago Drive East on Isles of Capri . The proposed parking lot is separated from the existing church parking lot by a single family home on Lot 428. PE-PL20140000538 _ ExH13IT Page 1 of 8 Capri Christian Church Parking Exemption "ti\ Am A .2/246 ,.. ; - I- A-S7 -. ,, . I NAP 1"iI�I ' :� .. .�.... i p °o °va Q IA. ^� A-ST FGBB� 1 Ma Y. _1 ISES R GPM .' // "%:y.' yns m ► .4t,--1;* w..A -57 lilt° --) -n CCE--9� ww ) �+ 81TE E � � � o LooKnom �— I� v C ` ► r �� -•f � }_ ° r , > t e�. r`, � � ffl '„, t ,t+Mr .. 4_y 01 _.,..0.--.# Ott et --,.. =‘;41,-4...., --sAt, 4r4'- IA 'Wt: ; fr*;j;. ;,, .w, G i - ,- O 1' ►110JECT d w 7 �� ■�"+'�ill� wcATIOH � o re 'Qy Ilmi an ItattZ A a LW 011, .00,1 OW W! Ie. ”°Q�IyoO5ggo..... ( < , LOCATION MAP ZONING MAP PETITION PE-PI--2014-538 SURROUNDING LAND USE & ZONING: Northeast: Pago Pago Drive East ROW, across which are single family homes; zoned RSF-4 Southeast: Single family home; zoned RSF-4 Southwest: Single family homes; zoned RSF-4 Northwest: Single family home; zoned RSF-4 222 ' 422 35 334 434 0.' �4., /ICU/ VD 6. 44-, 4'8 rr 4! / F �"� 417 /4 ��q 416 BD35 P' 415 Soo 88 yj' 4431 432 1 BD4 394 412 383 395 • 39 396 411 397 1 410 3807 379 gg j�• 318 •nn Existing Church Proposed Parking r Lot 429 PE-PL20140000538 Page 3 of 8 Capri Christian Church Parking Exemption , f 1" y Yµ Lot 430 . � 4 r. -4 ,-iwA:vg4 .0.0,4,:e. go., :, _ _..,_ : -.:1',04, i _,44 -4 • ' Ilk e- . ,,, its ,' , 1;f4 .. ilk- 1 - "‘ 401141111rib't 4P...A ,'tom \i ,-4 wAILIL...‘ IIP 11 A Aerial PE-PL20140000538 Page 4 of 8 Capri Christian Church Parking Exemption PURPOSE/DESCRIPTION OF PROJECT: The Petitioner has applied for a Parking Exemption to permit overflow parking for an existing church. Capri Christian Church was permitted through a Provisional Use (Resolution 82-30 and was expanded through a Conditional Use (Resolution 99-411). The zoning of the existing church and the proposed overflow parking is Residential Single Family (RSF-4). The applicant discussed the wall required between residential and non-residential uses with the immediate neighbors. The applicant states that the neighbors would rather have a landscape-only buffer without a wall. This can be accomplished administratively through an Administrative Wall/Fence Waiver. GROWTH MANAGEMENT PLAN(GMP) CONSISTENCY: Comprehensive Planning Staff does not review Parking Exemptions, since they have no impact on the GMP. ANALYSIS: The Collier County Hearing Examiner shall consider the following criteria for the approval of a parking exemption: 1 - Whether the amount of off-site parking is required by Sections 4.05.04.G. and 4.05.09 of the LDC, or is in excess of these requirements. The Site Development Plan for the church (SDP-00-049) indicates that 96 parking spaces were provided (the SDP does not; however, describe how that number was calculated). The applicant anticipates that the proposed 27 parking spaces will be used during winter season as overflow. 2- The distance of the farthest parking space from the facility to be served. The farthest parking space is approximately 385 feet, by pedestrian-path, from the nearest point of the fellowship hall. The distance from the proposed lot to the existing church property is approximately 75 feet. 3 -Pedestrian safety if the lots are separated by a collector or arterial roadway. The lots are not separated by a road; however the applicant proposes a 6-foot wide concrete sidewalk from the lot to the church parcel. 4-Pedestrian and vehicular safety. The proposed SDP incorporates the same safety requirements as a site which would not require a Parking Exemption. PE-PL20140000538 Page 5 of 8 Capri Christian Church Parking Exemption 5 - The character and quality of the neighborhood and the future development of surrounding properties. The applicant proposes a shell surface for the parking lot which will complement the residential and island feel of the lot. 6-Potential parking problems for neighboring properties. No parking problems for neighboring properties have been identified. 7- Whether the internal traffic flow is required to leave the site to reach the proposed off- site parking. Traffic will have to travel on Pago Pago Drive East between the church and the proposed lot. 8- Whether vehicular access shall be from or onto residential streets. Traffic will have to travel on Pago Pago Drive East, a residential street, between the church and the proposed lot. 9 - Whether buffers adjacent to the property zoned residential are 15 feet in width and include a wall in addition to required landscaping. When seeking letters of support from the neighbors, the applicant represented that the buffers would be reduced in width, but would contain upgraded plant material and that the site would not include a wall. 10- Whether the off-site parking area will be used for valet parking. Valet parking is not anticipated to be used. 11 - Whether the off-site parking area will be used for employee parking. The subject site will be used for overflow parking anticipated for the winter season.. 12- Whether there are more viable alternatives available. There are 96 parking spaces on the existing site. The church has identified the need for overflow parking during the winter season. This lot is an alternative to on-street parking. NEIGHBORHOOD INFORMATION MEETING (NIM): A Neighborhood Information Meeting was properly noticed and held on February 3, 2015 at 5:00 PM at the Capri Christian Church. Six residents attended, the agent gave a brief explanation,there were no questions and the meeting was adjourned at 5:15. PE-PL20140000538 Page 6 of 8 Capri Christian Church Parking Exemption COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for Petition PE- PL201400000538 on February 11, 2015. SAS STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PE- PL20140000538, subject to the following conditions: 1. The applicant shall obtain a ROW permit and construct a sidewalk, 6 feet in width, from the lot to the church property prior to the final inspection. 2. The subject site is to be used for parking, water management, landscaping and directional and safety signage only. Other structures, including dumpsters, are not permitted. 3. This Parking Exemption shall become effective upon conveyance of title to Capri Christian Church, or its successor in title. 4. The plant material in the buffers shall include trees that are a minimum of 3-inch caliper, having a 12-14-foot height at planting,and spaced on 20-foot centers. PE-PL20140000538 Page 7 of 8 Capri Christian Church Parking Exemption PREPARED BY: a-//- FRED- ISCHL, AICP DATE PRINCIPAL PLANNER REVIEWED BY: RAYM D V. BELLOWS DATE ZONIN MANAGER /%2 2 - - 1s' MICHAEL BOSI, AICP, DIRECTOR DATE PLANNING AND ZONING DEPARTMENT PE-PL20140000538 Page 8 of 8 Capri Christian Church Parking Exemption Co r County COLDER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 APPLICATION FOR PUBLIC HEARING FOR PARKING EXEMPTION PETITION NO(PL) PROJECT NAME To be completed by staff DATE PROCESSED ❑ Parking Exemption with a Public Hearing:LDC subsection 4.05.02 K.3,Code of Laws section 2-83 through 2-90 and Ch.3 F.of the Administrative Code ❑Administrative Parking Exemption: LDC subsection 4.05.02 K.1-2 and Ch.6 C.of the Administrative Code APPLICANT CONTACT INFORMATION Name • IIMP pplicant: Blair Foley, PE Firm: Blair A. Foley, PE, LLC Address: 120 Edgemere Way S. city: Naples State: FL ZIP: 34105 Telephone: 239.263.1222 Cell: Fax: 239.263.0472 E-Mail Address: fols000 @aol.com Name of Owner(s): Capri Christian Church • Address: 111 E. Hilo St. City: Naples State: FL ZIP: 34113 Telephone: 239.289.4900 Cell: NA Fax: NA E-Mail Address: nedwok @frontier.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. ADDITIONALLY,THIS PETITION IS SUBJECT TO COMPLIANCE WITH CERTAIN NEIGHBORHOOD INFORMATION AND SIGN REQUIREMENTS OF THE LAND DEVELOPMENT CODE (LDC). GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 6/3/2014 Page 1 of 7 9rntY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 • PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application. • 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. PRINCIPAL SITE: Property I.D. Number: 52401440000,52401240006 Plat Book: Page#: Section/Township/Range: 32 /51S /26e • Subdivision: Isle of Capri No. Unit: Lot: Block: Metes&Bounds Description: Size of Property:_ ft.X ft.= Total Sq. Ft. Acres: 4/-1.2 ac OFF-SITE PARKING AREA: Section/Township/Range 32 /51 S/26E Plat Book Page It Lot: Block;: - Unit Subdivision: Property I.D.Number(s): 52401245001,52401246000 Metes&Bounds Description: See Survey Size of property: ft.X ft. =Total Sq. Ft. Acres 44-.3 ac Address/general location of subject property: 116 and 120 Pago Pago Dr. E. ZONING INFORMATION Zoning of proposed off-site parking lot: RSF-4 Zoning of commercial tract the Parking Exemption is proposed to serve: RSF-4 Type of land use that the parking exemption is proposed to serve: Church 6/3/2014 Page 2 of 7 Colter COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collieraov.net (239)252-2400 FAX:(239)252-6358 PROJECT INFORMATION Total number of parking spaces required for project: the proposed lot is for overflow a few times per year only Number of Parking Spaces Proposed offsite: +1-27 Is the proposed parking lot separated from the permitted use by a collector or arterial roadway? ❑ YES ❑ NO If yes,please name the roadway: Does the permitted use propose to share required parking with another permitted use? YES ❑ NO ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: See attached letters of support Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: DISCLOSURE OF INTEREST INFORMATION Please complete the following,use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest:(Use additional sheets if necessary) Name and Address %of Ownership 6/3/2014 Page 3 of 7 9& ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address %of Ownership I c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address _ %of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHiP, list the name of the general and_/or limited partners: Name and Address %of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers,stockholders, beneficiaries,or partners: Name and Address %of Ownership Capri Christian Church, Inc., 111 E. Hilo St. Naples, FL 34113 100% Date of Contract: 2.26.14 6/3/2014 Page 4 of 7 SAintY COLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership,or trust: Name and Address g. Date subject property was acquired ❑ Leased:Term of lease years/months If, Petitioner has option to buy, indicate the following: Date of option: See contract Date option terminates: ,or Anticipated closing date: h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. EVALUATION CRITERIA On a separate sheet attached to the application, please provide the following: (Include any necessary • backup materials and documentation) • For an Administrative Parking Exemption,provide a narrative statement describing the request with specific reference to the criteria noted in LDC subsection 4.05.02 K.1-2.;or • For a Parking Exemption with a Public Hearing, provide a narrative statement describing the request with specific reference to the criteria noted in LDC subsection 4.05.02 K.3.b. 6/3/2014 Page 5 of 7 $ couty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: Parking Exemption 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. C For a Parking Exemption with a Public Hearing, see Chapter 3 F.of the Administrative Code for submittal requirements. ❑ For an Administrative Parking Exemption, see Chapter 6 C. of the Administrative Code for submittal requirements. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application(download current form from County website) ❑ ❑ [� Pre-Application meeting notes ❑ ❑ ❑ Conceptual Site Plan measuring 24 in.x 36 in.and 8'A in.x 11 in. ❑ ❑ ❑ Narrative Statement(based upon LDC Evaluation Criteria) ❑ ❑ ❑ Warranty Deed 2 ❑ ❑ • Affidavit of Authorization,signed&sealed 1 ❑ ❑ Boundary Survey,no more than 6 months old(24 in.x 361n.) 4 ❑ ❑ Completed AddressingChecklist 2 ❑ _ Location Map 2 ❑ 10-Year Lease Agreement,if required by the approval criteria(see LDC 2 ❑ ❑ subsection 4.05.02.K.2.a) Electronic copies of all documents&plans *Please advise: The Office of the Hearing Examiner requires all 1 ❑ ❑ materials to be submitted electronically in PDF format. _ ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 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 nece s submittal information may result in the delay of processing this petition. 20 Nov 14 p licant Signature Date • lair A . Foley Printed Name 6/3/2014 Page 6 of 7 Blair A. Foley, P.E. Civil Engineer/Development Consultant PARKING EXEMPTION CRITERIA- CAPRI CHRISTIAN CHURCH, OFFSITE PARKING-L20140000538 11/5/14 LDC Criteria: 4.05.02.K.3.b • Criteria 1: The proposed 27 spaces are extra parking and are in addition to those required and approved as part of the County SDP process for the Capri Christian Church. The lot will be overflow. Criteria 2: The distance of the farthest proposed parking space to the existing church parcel is+/- 188'. Criteria 3: The proposed parking lot and the Church property are separated by one 60' lot located on the same side of the street. A 6' wide concrete sidewalk is proposed to direct parishioner's to the church. Signage will be provided to direct pedestrian flow. Criteria 4: Pedestrian and vehicular safety are addressed by design. The drive isles are one way,minimizing movements. The parking lot has been designed in accordance within the parameters of the Collier County LDC. The landscape buffer along Pago Pago Dr. E. has a reduced height to maximize visibility. Pedestrians do not have to cross the street to safely navigate via sidewalk to the Church. Criteria 5: The character and quality of the neighborhood and future development can continue unabated by this parking lot. The use of a shell parking area compliments the residential and island feel of the project. Additionally,the use of a pervious parking area will minimize the quality of any storm water runoff. We have increased the size and number of the required trees in the perimeter buffers. Specifically,the trees have been increased from a 2"caliber to a 3"caliber,and spaced every 20'. These trees will be approximately 12-14' high when planted. Criteria 6: This will not contribute to any potential parking problems for neighboring properties in any way. Blair A.Foley, P.E. • 120 Edgemere Way South•Naples,Florida 34105 239.263.1222•Fax 239.263.0472•Cellular 239.289.4900• email: fols000@aol.com Criteria 7: The internal traffic flow to the Church will have to leave the site to reach this off site lot. It is separated by one 60' wide lot. Criteria 8: The ingress/egress to the lot will be off of Pago Pago Dr. E. as shown on the site plan. Criteria 9: Buffering for the lot will be sufficient and in character with the existing neighborhood.. The proposed project included several support letters from the neighbors. The Church represented that the project would be natural in its design without a w all,and would complement the"island"style of the community. An existing 6' high fence is located along the South property line. An existing 4-5' fichus hedge is existing along the East property line. We have increased the size and number of the required trees in the perimeter buffers. Specifically,the trees have been increased from a 2"caliber to a 3"caliber,and spaced every 20'. These trees will be approximately 12-14' high when planted. In combination with these larger trees, additional plant material, and 0%of the buffer being used for water management,we feel the project's buffer design precludes the need for a 6' wall. Criteria 10: The offsite parking area is not planned to be used for valet parking. Criteria 11: Employees may park in this lot during the overflow need,however,it is not specifically identified as employee parking. Criteria 12: The church is growing and has limited area to provide adequate parking, especially during season. I I s SCALE IN FEET A/1f IIIRCO lotw11I a� MN mwlrr1Mw1 ~M!A 1041 t •4 M io i DP se.to 1.101.000 Mf.f DC-ADA 0 11N, __ t :010 AO DON M 11 MAea1 IMOD Skoo,4116 ,15/ 4.1.., -p74,-77 014101.4. MS Of PAW•DIA210 MO `�.. °TYPAIRarwn MOBm P/ 11041 Nor .... ....ii. ....A , . , �f��% fil / ,) ALD•D9yfaMO epM...6,..." 2111111 AA A.0010 TITIVD.ON MOLD IP f ,&�`- �k c` ay.M .10 . \ it Warm' .oas.nrn RIM IMAM/1 1 eMmoa, ` �' 1*7' i =a2�`rn r yr � . '� I 1 .C— '� ��. loos I 0 � " `a � lns r� le- Vane 11aw 452.....----\---- 416.16711121 120 EdBemere way south Capri Christian Church Naples,Fl.34105 Second Site Improvement Plan- Parking Layout Phone(239)263-1222 Collier Coun}y,Florida Blair A. Foley P.E. LLC Cell(239)289-4900 > > Fax(239)263-0472 pIDJID1 NO. 111 110 SOM Civil Engineer/Development Consultant E-mail fols000@aol.com 2-8-20151 PR0JN0 l F1LENO I Ae Noted 7., PAGO PAGO DRIVE 60' R.O.W. 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LC rwe.rra eesa.e.-.a..w..p...w.r..aP.vscA_/_ er TYPICAL TRENGI UNC DETAIL Sr. � ♦ L .I Ira w1 ? 9 • OM 10 ..�5� *ski I II — �I ir°: A°.'°` =cc.sue I -- 6M yy�}��i l .e..P.. I tar 419 Laf ev \ U 07707 77 7 70 VI* ..MM....CS...PM.0•1111.. P.of ( POP-UP SPRINKLER INSTALLATION DE`A L — __I °"t°A` NM I I n REN91RJr gap I -.._...,..... u c' 11..•WIN..ma ... ; .A1'4F I,,. \ 4,., 1.1 . • RIMMEIRM.1.1.1 .1....... . wham Vali isms-4.4 i 1110•10.11. . FI Fr-TRIG SOLENOID.VALVE INSTALLATION DETAIL • • 08-20-'14 08:47 FROM-CHRISTOPHER REALTY 239-394-2400 T-098 P0001/0001 F-348 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) / I,L oho es, / _,lo (pent name),as- (/1/k(,'z mi -, (title,it applicable)of Capri rYei.rt•n Church,Inc. (company,If applicable),swear or affirm under oath,that I am the(choose one)owner japplicantricontract purchaserand that 1. 1 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. AllSnswerate-the-qaes1Iens in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and titre; 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 Blair A_Foley,PE 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.pros. • 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 trustees 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 per) , I declare that I have read the foregoing Affidavit of Authorization and that the fac . . in tru Al Ir cif Ail C AV 17"4-71., g/ O Date ignature STATE OF FLORIDA COUNTY OF COLUER Th= f• .ing instrum:n was •wom to(or affirmed)and subscribed before me on 2 (date)by t Li i fYi r ea CV- f I name of person providing ath or affirmation), as CI K-tai.r ■ who is •ersonally known • me or who has produced (type of identification)as identification. , —lit.'w a >r..__--..- STAMP/SEAL Signature of Notary Public "'"at Randall Whitson COAMreiSOtNOeN€f TFi1F1 3 0152 •` EXPIRE: JUN 05,201/ b• 1st FLORIDA NOTARY,U4 crave-coa.00iisuss DR - PL20140000538 REV: 1 REV 3/24114 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 I Detail by Entity Name Page 1 of 3 FLORIDA DEPARTMENT OF STATE DIVISION CORPOR =:an Detail by Entity Name Florida Non Profit Corporation CAPRI CHRISTIAN CHURCH, INC. Filing Information Document Number 741582 FEI/EIN Number 591956870 Date Filed 02/09/1978 State FL Status ACTIVE Principal Address 111 E. HILO NAPLES, FL 34113 Changed: 02/06/1997 Mailing Address 111 E. HILO NAPLES, FL 34113 Changed: 02/06/1997 Registered Agent Name&Address GEPFORD, WILLIAM H 1370 FREEPORT AVE MARCO ISLAND, FL 34145 Name Changed: 01/19/2012 Address Changed: 01/19/2012 Officer/Director Detail Name&Address Title Treasurer GEPFORD, WILLIAM H 1370 FREEPORT AVE MARCO ISLAND, FL 34145 Title Pastor AYERS, CURTISS W http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 2/11/2015 Detail by Entity Name Page 2 of 3 3985 DEER CROSSING CT. NAPLES, FL 34114 Title Chairman HORTON, THOMAS 1251 MIMOSA COURT MARCO ISLAND, FL 34145 Title VC WILLIAMSON, DALE 1630 BEGONIA CT. MARCO ISLAND, FL 34145 Title Secretary Megel, Larry 111 E. HILO NAPLES, FL 34113 Annual Reports Report Year Filed Date 2012 01/19/2012 2013 01/31/2013 2014 03/17/2014 Document Images 03/17/2014--ANNUAL REPORT! View image in PDF format 01/31/2013—ANNUAL REPORT View image in PDF format 01/19/2012--ANNUAL REPORT View image in PDF format 04/19/2011 --ANNUAL REPORT I View image in PDF format 04/12/2010--ANNUAL REPORT View image in PDF format 04/20/2009--ANNUAL REPORT View image in PDF format 02/04/2008--ANNUAL REPORT View image in PDF format I 01/31/2007--ANNUAL REPORT I View image in PDF format 02/01/2006--ANNUAL REPORT I View image in PDF format 02/24/2005--ANNUAL REPORT! View image in PDF format 01/12/2004--ANNUAL REPORT View image in PDF format 02/17/2003--ANNUAL REPORT View image in PDF format 02/11/2002--ANNUAL REPORT I View image in PDF format 04/27/2001 --ANNUAL REPORT I View image in PDF format 04/28/2000--ANNUAL REPORT! View image in PDF format 03/06/1999--ANNUAL REPORT! View image in PDF format 04/23/1998—ANNUAL REPORT View image in PDF format 02/06/1997--ANNUAL REPORT http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 2/11/2015 Detail by Entity Name Page 3 of 3 View image in PDF format 02/01/1996—ANNUAL REPORT I View image in PDF format 02/09/1995--ANNUAL REPORT( View image in PDF format Coovrlaht CI and privacy Polkreg State of Florida,Department of State http://search.sunbiz.org/inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 2/11/2015 Page 1 of t.oiiier Lounty rroperty Appraiser Property Summary Parcel No. 52401240006 Site Adr. 119 HILO ST E Name/Address CAPRI CHRISTIAN CHURCH INC 111 E HILO ST 1 City NAPLES State FL Zip 34113-8662 Map No. Strap No. Section Township Range Acres *Estimated 6B32 426700 4246632 32 51 26 0.62 Legal ISLES OF CAPRI NO 2 LOTS 424-427 Millage Area• 91 Millage Rates• *Calculations Sub./Condo 426700-ISLES OF CAPRI UNIT 2 School Other Total Use Code• 71 -CHURCHES 5.58 6.7197 12.2997 Latest Sales History 2014 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $217,360 1 05/22/97 2315-2960 $100,000 (+) Improved Value $449,288 08/01/78 767-305 $0 12/0I/76 669-1802 $0 (_) Market Value $ 666,648 (_) Assessed Value $666,648 (=) School Taxable Value $0 (=) Taxable Value $0 If all Values shown above equal 0 this parcel was created after the Final Tax Roll hp://www.collierappraiser.com/main_search/Recorddetail.html?Map=No&FolioNum=52401240006 2/6/201 Page 1 of %.oilier Lowry rroperty appraiser Property Summary Parcel No. 52401245001 Site Adr. 116 PAGO PAGO DR E Name/Address AUSTIN,THOMAS J=&SHARON L 836 CORN PLANTERS CIR City CAROLINA SHORES State NC Zip 28467-2328 Map No. Strap No. Section Township Range Acres *Estimated 6B32 426700 4296B32 32 51 26 0.15 Legal ISLES OF CAPRI NO 2 LOT 429 Millage Area O 91 Millage Rates• *Calculations Sub./Condo 426700-ISLES OF CAPRI UNIT 2 School Other Total Use Code• 0 -VACANT RESIDENTIAL 5.58 6.7197 12.2997 Latest Sales History 2014 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $52,800 08/20/04 3629-686 $225,000 (+) Improved Value $0 04/04/00 2658-2824 $ 39,000 07/01/99 2565-49 $27,000 (=) Market Value $52,800 04/01/89 1440-1423 $25,000 (_) Assessed Value $52,800 (_) School Taxable Value $52,800 (=) Taxable Value $52,800 If all Values shown above equal 0 this parcel was created after the Final Tax Roll hp://www.collierappraiser.com/main search/Recorddetail.html?Map=No&FolioNum=52401245001 2/6/201 Page 1 of i.oiiier Lounty rroperty appraiser Property Summary Parcel No. 52401246000 Site Adr. 120 PAGO PAGO DR E Name/Address ELIASON,JAMES A=&JEANNE L JEREMIAH J ELIASON N9840 T LN City NECEDAH State WI Zip 54646-8082 Map No. Strap No. Section Township Range Acres *Estimated 6832 426700 4306B32 32 51 26 0.15 Legal ISLES OF CAPRI NO 2 LOT 430 Millage Area 0 91 Millage Rates• *Calculations Sub./Condo 426700-ISLES OF CAPRI UNIT 2 School Other Total Use Codes 0-VACANT RESIDENTIAL 5.58 6.7197 12.2997 Latest Sales History 2014 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Data Book-Page Amount Land Value $ 52,800 05/24/11 4687 407 $72,500 (+) Improved Value $0 04/03/09 4445-2359 $0 07/02/03 3331-2089 $ 100,000 (—) Market Value $ 52800 04/20/00 2665-3277 $32,000 (=) Assessed Value $52,800 05/01/97 2309-1709 $17,500 (=) School Taxable Value $52,800 04/01/89 1430-1429 $25,000 (_) Taxable Value $52,800 If all Values shown above equal 0 this parcel was created after the Final Tax Roll hp://www.collierappraiser.com/main search/Recorddetail.html?Map=No&FolioNum=52401246000 2/6/201 17C-- 1 RESOLUTION 9)- 4 I 1 A RESOLUTION PROVIDING FOR THE ESTABLISIIMFNT OF A CHURCH EXPANSION CONDITIONAL USE"2" IN Tim "RSF-4"ZONING DISTRICT PURSUANT TO SECTION 2.2 4.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 32. TOWNSIlIP 51 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA WI 11 RI:AS,the Legislature of the State of Florida in Chapter 67-1246,taws of Florida,and Chapter 125,Horida Statutes,has conferred on Collier County the power to establish,coordinate and enforce zoning and such business regulations u arc necessary for the protection of the public,and WI IEREAS.the County pursuant thereto has adopted a Land Development Code(Ordinance No.91-102)which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County,among which is the granting of Conditional Uses,and WI lliRI:AS,the Collier County Planning Conronission,being the duly appointed and constituted planning board for the area hereby affected,has held a public hearing after notice as in said regulations made and provided,and has considered the advisability of Conditional Use "2" of Section 2.2 4 3 in an RSF-4 Zone for the Capri Christian Church expansion on the propeny hereinafter described,and has found as a matter of fact(Exhibit"A")that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2 7 4 4 of the Land Development Code for the Collier County Planning Commission,and WHEREAS,all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW,Ti IERI:FORE IIE IT RESOLVED.BY TIIE BOARD OF ZONING APPEALS of Collier County,Florida that The petition tiled by Jerry Neal of Purse Associates,Inc.representing Capri Christian Church. inc.,with respect to the property hereinafter described as Lots 424,425.426 and 427,Isle of Capri No 2. as recorded in Plat Rook 3, Page 46,Official Records of Collier County. be and the same is hereby approved for Conditional Use"2"of Section 2 2.4 3 of the"RSF-4" Zoning District for a church expansion in accordance with the Conceptual Master Plan(Exhibit"B") and subject to the following conditions: Exhibit"C"which is attached hereto and incorporated by reference herein 1111 tT FIJRTI IER RESOLVED that this Resolution be recorded in the minutes of this Board -i • . 1 7 C This Resolution adopted after motion,second and majority vote Done this €k-ctt. day of N MI&ft,049,-. 1999. BOARD OF ZONING APPEALS COLLIER COUNTY,FLORIDA /„. , , • PAMELA S.MAC'KIE.Chairwoman ATTEST- DWIGHT E.BROCK,Clerk Approved as to Form and Attest le to thaStiel Legal Sufficiency tIlnature only. `--1,124Pht:19iii.1, Marjorie M.Student Assistant County Attorney CC114944 R111011;TION Cith • • .••• • 1 • -2- 17 C- IS FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR gt:: A CONDITIONAL USE PETITION FOR CU-29-24 The following facts are found: 1 . Section _7 .2.4 . 3_ of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the *., public interest and will not adversely affect other property or uses in the same district or neighborhood because of : A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress 'Yea No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Y‘s No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: L./ f/FINDING OF FACT CHAIRMAN/ t, "7,i- , EXHIBIT "]1" r,, f • 17C- • • FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CV-99-24 The following facts are found: 1 . Section _3.2.4 .3 of the Land Development Code authorized the conditional use. 2. Granting the ronditiona_ use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: y(+tNyY A. Consistency with the Land Development Code and Drowth Management, P,lan: Yen No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress a_Rgress Yes l J No C. Affects neighboring properties in relation to noise, gyre, economic or odor effects: No affect or Affect mitigated by r Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible Ilse within district Yes 1) No Based on the above findings, this conditional use should, with stipulations }{�copy attached) (should not) be recommended for approval F�'r`I`4' /A ti l a%1 f . � - DATE: `�U":1t 4 MEMBER: t f/FINDING OF FACT MEMBER/ • MlY.-11' • - r.s..s • • i l7C— ft FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION 1 . FOR A CONDITIONAL USE PETITION FOR CU-99-2q The following facts are found: 1 . Section 2.2 .4. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Pl, 1: Yes if No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & eas Yes No C. Affects ighboring properties in relation to noise, gl.,re economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use w,y iciin district .."' ,K Yea t/ No Based on the above findings, this conditional use „ ild, with stipulations, (copy attached) (cx C1- be re omme ed for approval, e,,,C DATE: ,11 ',e MS/VIER/4— .. r4-4_0.—__ f/FINDING OF FACT MEMBER/ • • s•; , 17C_ I � FINDING OF FACT BY • COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CLJ-99-24 The following facts are found: ] . Section 2,2,4. 3 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No y B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or IF catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yee f No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval f j , DATE: ' MEMBER: f/FINDING OF FACT MEMBER/ Y1��. • l7C4S • • FINDING OF FACT • BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-2J The following `acts are found: w 1 . Section 2.2.4 .2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: + A. Consistency with the Land Development Code and Growth Management Plan: Yes ✓ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress a. Yea w, No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: r e, No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, th -co1%ditional use should, with • stipulations, (copy attached) shoul ot) be recommended for • approval • DATE: /0 • 7/- fl MEMBER: aett,c447 • • • • f/FINDING OF FACT MEMBER/ ii* 17 C ., FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR ' A CONDITIONAL USE PETITION FOR CV 99-4 The following facts are found: 1. Section 2 .2 .4 .3 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of : A. Consistency with the Land Development Code and Growth Management Plan: Yes 1.„..j No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes l/ No C. Affects neighboring properties in relation to noise, glare, ficonomic or odor effects: _/No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes Based on the above findings, thi= r..itional use should, with stipulations, (copy attache. ahou Rot$ be recommended for approval DATE: i 01 J f MEMBER: • • • � 1 f/FINDING OF FACT MEMBER/ • • .1'+a l7C- FWDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CV-49-24 The following facts are found: 1 . Section x.2.4,3 of the Land Development Code authorized the conditional use. %` 2 . Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development. Code and Growth Management Plan: ; Yes - No B. Ingress and egress to property and proposed • structures thereon with particular reference to • automotive and pedestrian safety and convenience, • traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes . No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: s. No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: , 1 MEMBER: r f/FINDING OF FACT MEMBER/ • l7C- f4 V h� d .. . cam' 1 1 1 1 1 I I t_ t 1I I 1 __.. ... -----_--.44.1;:"..."-__ 1 L •,_ 1 i , - —_____--- -,..__ — ___ , ....... —_ , I 1 : , k - - N 12 i1 I f f , -__., , , ig I : I i ........... 14 I 1 I I ; .__ i 4 'I ; I I 11 I.NM 1. aya 1 11 ; I I ' j i f I ; a#la rap - a ronlo •NOWANN 1, ki. 1."'"-. ......... myna 111 r I 1 1 :2:1 mantas 1 i .' , ___ Al -- , .MIlIIflIL Ib ; .r. E ; :I ---: : -i--. 1, I I f 1 I I ._.. Y 3 I s I ; I f f -- ' I r • • t& r r ' 1 1 1 1 1 1 1 1 1 *r f ( ( • L 1 1 1 1 1 �1 1 1 1 i I I 1 1 I I ` 1 I + ' 1 I ' r I , r- I1 , I 1111110 I 1i ill ill **\3 I. i ill .;., III I i it , ► ..,,r k.1.; 11 "; ion ! 4 rill'il NIEL Ina CAPRI CHURCH . 111111•1110 4 ii,Kw. ...- r, 4, 't- 19,,4 ./,, . a EXHIBIT 1'B" i s 17Cm CQNDIIIONS OLAP..PROVAL C.0 96 This approval is conditioned upon the following stipulations requested by the Collier • • County Planning Commission in their public hearing on October 21, 1999. • Planning Services, a. The Current Planning Manager may approve minor changes in the location. siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application,shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code,Ordinance(91-102). b. A Site Development Plan(SDP)must be applied for and approved by the Development Services staff prior to any expansion of the existing church. c, A 15-foot wide type`B"landscape buffer shall be provided between the church property and the residential lot No.428. d. A 10-foot wide type"D"landscape buffer shall be provided along Pago Pago Drive. • E , a-• EXHIBIT"C" rr: �. 9eunty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 ii www.colliergov.net PARKING EXEMPTION PRE-APPLICATION MEETING NOTES PL# 2014-0538 Date:- 3-20-14 Time: 9 Firm: Blair A. Foley, P.E.. LLC Proiect Name: Capri Christian Church Overflow Parking Applicant Name: Blair Foley Phone: 263-1222 Owner Name: Capri Christian Church Phone: 1 Owner Address: Page Page Dr City Isles of Capri State FL ZIP 34113 Zoning of both tracts RSF-4 Assigned Planner, red Reischi Meeting Notes Assigned Planner: Please check necessary reviewing departments: O Comprehensive Planning ® Landscape ligtrJO Transportation ❑ Environmental Z Graphics ® Other CountLAttorneY June 2011 9&9ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colliergov.net PARKING EXEMPTION (PE)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. REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED Completed Application 10 X (download from website for current form) Pre-Application meeting notes 10 X Conceptual Site Plan 24"x 36" 10 X Site Plan 8 1/2" x 11" 1 X Narrative Statement(based upon LDC Evaluation Criteria) 1 10 X Warranty Deed 3 X Owner/A•ent Affidavit,si•ned &sealed 2 X Boundary Survey,no more than 6 months old (24"x 36") 4 X Electronic copies of all document& Plans 2 X Addressing Checklist 2 X Location Map 2 X 10-Year Lease Agreement(see LDC 4.05.02.K.2.a) 2 Other Other Fees: The following are current;however the fee schedule is subject to change. The petitioner will be required to pay fees in compliance with the adopted Collier County Fee Scheduled in effect when the petition is accepted by Collier County. ® $1,500 Public Hearing Application Fee ® $500.00 Pre-application fee credit (Applications submitted 9 months or more after the date of the last pre- application meeting shall not be credited towards application fees; a new pre-application meeting may be required. ® $925.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt Naples Daily News Invoice). !�4 Property Owner Notification Fees. Property Owner Notifications $1.50 Non-certified; mail( to be paid after receipt of invoice from Land Development Services) Applicant/Agent Signature Date June 2011 $Aconty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.coliiernov.net PLANNER, CHECK MARK BELOW FOR ADDITIONAL REVIEWS: SCHOOL DISTRICT(residential PARKS&REC—VICKY AHMAD components)Amy Taylor SUPERVISOR OF ELECTIONS 1 IMMOKALEE WATER/SEWER [ DISTRICT DR/EM1 —EMER.MGMT-Dan UTILITIES ENGINEERING: PAULO Summers MARTINS CITY OF NAPLES,Robin Singer, BAYSHORE/GATEWAY TRIANGLE Plannin. Director REDEVELOPMENT Executive Director CONSERVANCY,Nichole Ryan X FIRE REVIEW:RICCO LONGO EMS—ARTIE BAY ENGINEERING:Alison Bradford [TT TRANS.PATHWAYS COMP PLANNING: (SEE SIGN-IN I SHEET FROM PRE-APP MEETING) ENVIRONMENTAL: SEE SIGN-IN SHEET FROM PRE-APP MEETING June 2011 SIP PRE-APPLICATION MEETING NOTES SUBMITTAL CHECKLIST PL# 2014-0538 Date:_3-20-14 Time: 9 Conference Room: C i Project Name: Capri Christian Church Overflow Parking Site Address P•-o Pa-o Drive Applicont: Blair Foley Phone: ,263-1222, Assigned Planner Fred Reischl Meeting Attendees: (Attach Sign-In Sheet) NOTES: Parking Exemption required. V . } ct " `5., .) I . Ci"r g}t;Catcs .. Vii(et 113 (0,1' 7 i 7 fi° 7 - , rV iF /1011441.51,6- Ae C f•v:.4-i fi OeI' Al? iilf'DP 4/iW L zi,/ 77 j-nezri CA'c4 gA,- (.4,,e 1%.4-t . cr 4)-1 e=2 r ° t"tdiI CV tidn't I le. � t i ? , Pal _ -r - ~ a di . ?A-61/141 ‘,„. A ngliger. IWAJI I I P1 Illff' 4511 IP ALA, if :4411, '":�' c7.1 AtateniffelWdr, \\bcc.colliergov.net\data\GMD LDS\CDES Planning Services\Current\Pre-Application Forms 2011\Pre-app Forms-JUNE 2011\SIP Pre-application June 2011.doc revised: 8/5102,rev.6/21/11 i SITE IMPROVEMENT PLAN (SIP)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 NOT REQUIREMENTS COPIES REQUIRED REQUIRED SUBMITTAL REQUIREMENTS: Additional set if located in the Bayshore/Gateway Triangle X Redevelopment area 1 Additional set if located within the RFMUD or RLSAO areas 1 X SIP Application (download from website for current form) 12 X Cover letter briefly explainin• the project 12 X Site Plans per Division 10.02.03.B.2.d 12 X Addressing Checklist 1 ; X FOR COMMERCIAL DEVELOPMENT: - $ Architectural Plans, including 1 color rendering (signed &sealed) 5 X Landscape& Irrigation plans (signed& sealed) 7 X Site Clearing plan/vegetation inventory 7 Building elevation with dimensions& floor plans(if applicable) 7 Boundary & topographic survey(1 signed & sealed) 5 X Deed or contract for sale 2 X rn SFWMD permit,permit modification,or waiver 2 Utility letters of availability( at- & sewer) oorz v e 11.iiiiN - -- DEP Utility installation permits of:-.r/sewer) 1�. (tr.• Engineering Report with Assump ns and Explanations per Ord. 2001-57 .'Ali ,e,* i.r%(,‘,>l C 4.4,-1 Excavation permit application __Mal COA Application j 2 Other Required permits: Applicant/Agent Signature Date \\bcc.colliergov.net\datatGMD-LDS\CDES Planning Services\Current\Pre-Application Forms 2011\Pre-app Forms-JUNE 2011\SIP Pre-application June 2011 doc revised: 8/5/02,rev.6/21/11 1 Fees: ❑ $1000 SIP Review ❑ $2.50 Site Bearing (first acre or fraction thereof) plus $50 for each additional acre or fraction ($1,500 maximum) c.4.\Utility Plan Review & Inspection: Construction document review-0.75%of pro ble ester sewer construction costs Construction inspection-2.25%of probabl wale js er construction costs ��/ ❑ Roadway,Drainage& Stormwater Management: Construction document review-0.75%of probable construction costs Construction inspection-2.25%of probable construction costs ❑ SIP Insubstantial Change Review $400 for the first page and $100 for each additional page. 13—$i-5O1 re-Rcv ew-Fee ❑ $20 Environmental Health Review(if site has septic tank, grease trap,underground tanks) ❑ $500 Pre-Application Fee (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required.) Notes required on the SIP: a. Exotic vegetation as defined by the Collier County Land Development Code shall be removed from the site and subsequent annual exotic removal (in perpetuity) shall be the responsibility of the property owner. b. The review and approval of Improvement Plans does not authorize the construction of required improvements, which are inconsistent with existing easements of record. c. The property owner is responsible for replacement of all dead landscape material and for the maintenance of the required irrigation system. d. Vegetation to remain shall be protected with approved barricading (detail shown) and barricading will remain in place until completion of construction. \\bcc colliergov.net\data\GMD-LDS\CDES Planning Services\Current\Pre-Application Forms 2011\Pre-app Forms-JUNE 20111SIP Pre-application June 2011.doc revised: 8/5/02, rev.6/21/11 SDP/S!P DATA TABLE, RECOMMENDED FORMAT Zoning,Subiect Property&Surrounding(example) SUBJECT PROPERTY: PUD(Westview Plaza) SURROUNDING: N 3 Industrial S ( Gail Blvd ROW,then E(Estates) RSF-3(Residential) LW t PUD(Westview Plaza) Setbacks, Interior Lots(example) SITE DATA REQUIRED PROVIDED FRONT YARD 25' 50' SIDE YARD #1 (N*) 15' or 1/2 BH (BH= 30) 15.5' SIDE YARD#2 (S) 15'or 1/2 BH (BH = 30) 25' REAR YARD 25'(PRESERVE SETBACK**) 25' Setbacks,Corner lots/lots having more than one street frontage(example) SITE DATA REQUIRED , FRONT YARD#1 (NE*) 25' 25.5' FRONT YARD#2 (SE) 20'(REDUCED 2N°FY SETBACK 20' PER PUD DOC,SEC 3.4.5**) SIDE YARD#1 (SW) 15' i 5*5' SIDE YARD#2 (NW) 15' 30' * Use closest corresponding compass point: N, NW,S, SE,etc. ** Explain special yard requirements or allowances&cite PUD document where applicable Separation structures (example) REQUIRED? PROVIDED 15' 17' , or 15'or 1/2 sum of building heights(SBH) 20'(SBH = 40',th X 40'= 20')-1 Building height (example) REQUIRED PROVIDED 75' 50' Residential minimum floor area (example) REQUIRED t PROVIDED 1,200 sq ft 1,850 sq ft ltbcc.colliergov.nettdata\GMD-LDSICDES Planning Services\CurrentlPre-Application Forms 2011\Pre-app Forms-JUNE 2011\SIP Pre-application June 2011.doc revised: 8/5/02,rev.6121/11 ............ I i ' r • 11 c 6 1 , , } • 2?•-• ..... 4-* c 04) CZECO .4 ...., f cr. • c. c › 50 > 0400c4„ 4- ›; 1 C _ ....... 1 I — 2)‘Vj i'" 0) P 41) -.• L'7% 4) ..= '..* 0 a) > > 0 • C 0 > w VA Ct ,4 9 \-!1 .tt .r--:, cr ia = -. 0 0 talo 0 w - )"4:= ■-• 0 0 ES) 4:33 0) ,-,_ 0 NZ: La a _ 1 v.. .\) 0) ofeweec r .., C 8 d 0 4 Et2 ,.c 0 31 0 0 2 43 -8 -C 42 (I) 2 E c 14 La 1E .tt ,,d N °C.., JO cil -e-, Ca .em:9- - ... 00 -50 .. 0) = = pal > t tUILL - 1 .,4 tx: ..„.... < 1 -:k 1 \ ,I No ,,x q ri LU i CO N c , N. 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Je LU U.1 CC :) ..... c0 ul UJ D D ,-- D CL J-- -.3 CL ‹t -1 I < ',..: ' 1 L. z .4: RI 1 0. E 0 i F- `- = .c 0 k , (-) r.C. •..... •••• D c ti 49 °- ° = -0 0 c c t.) 0 " - -), " ... N.- me .r. 0 fa. La .e 0 ,w-- 0 = ...i _9 ,0 .8 —0 04 t s?, Q s E > 1%<• Z A.., 7_ ..... _ 0 . . .. 0 . , ,x ., f-/ 00t01 (.) L. .0 O. ,...1 (4 0 """"' 0 ta 01 - 0 4., -- 0 1.., r.: 4. •- -C. II Ca 40 0 \ jg 0 .Alb.CP,'•:-Z 2 0 ci. 2 -) 0 ix_o -) al 11.. 0 2 0 i-- • 2 0 ,s,-). N U 0 ii"p tail II C3 3 C3 O 11JI 03/1e/2014 11:16 2392630472 B(AF PE PA( 03/04 tkit COLLIER COUNTY GOVERNMENT 2800 WORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION' NAPLES,FLORIDA 34104 PLANNING AND REGULATION (238)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 sinned by Addressing personnti prior to ere- aoelicateantetirte.elealte allow 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(lncBCate type below,complete a separate Addressing Checklist for each Petition type) ❑ EL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ ED(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDP'(Insubstantial Change to SDP) Cu(Conditional Use) el SIP(Site Improvement Plan) EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) O FP(Final Plat ..i SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) SNC(Street Name Change—Unplatted) ❑ PNC(Prpjeot Name Change) TDR(Transfer of Development Rights) R PPL(Plans&Plat Review) ❑ VA(Variance) ?SP(Preliminary Subdivision Plat) I.,.t VFZP(Vegetation Removal Permit) ❑ Pt)D Rezone ❑ VRSFP(Vegetation Removal&Site FRl Permit) RZ(Standard Rezone) OTHER Paiknit Exemption am/Daring Appraval LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) ISLES OF CAPRI NO 2 LOT 429 ,ISLES OF CAPRI NO 2 LOT 430 POLIO(Property ID)NUMBER(s)of above(attach to,or associate with,legal description if more then one) 52401245001, 52401246000 STREET ADDRESS or ADDRESSES(as applicable,if already assigned) 116 and 120 Pago Pago Dr. E., Naples, FL 34113., Naples, FL,34113 • LOCATION MAP must be at a(med snowing 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(!T applicable) SITE DEVELOPMENT PLAN NUMBER(tor existing projects/sites only) SDP or AR or Pt.* 03/18/2014 11:15 2392630472 BAF PE PAGE 04104 Colt' Coi .n y COWER COUNTY GOVERNMENT 2200 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)2524400 FAX (234)252-572A vvwvilt.PoweReoy.Net project or development names proposed for,Or already appearing in,Condominium documents(if appiicetbon; indicate whether proposed or existing) Please Check One: J Checklist is to be Faxed back O Personally Picked Up APPLICmT NAME: Blair Foley,PE PHONE 239.263.1222 FAX 239.263.0472 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 ,, �i FLN Number(Primary) L1246 d j 2'4SOO Folk Number .6-2 40 6„0,00 CO Folio Number Folio Number Approved by:. D4129: _ 1 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED • • CAPRI CHRISTION CHURCH PARKING EXEMPTION NIM 2.3.15 The meeting was convened at 5:15 PM with Blair Foley of Blair A. Foley, PE, LLC presiding. A brief overview of the 27 parking space lot was discussed. Discussion items included: 1. number of spaces 2. landscaping 3. no landscape wall 4. surface material 5, construction schedule No objections were voiced and the meeting was adjourned at 5:15 PM. Blair A. Foley, PE President Blair A. Foley, PE, LLC 120 Edgemere Way South Naples, FL 34105 ii I ! *.z- -2/3// C 7t-p21 C 5 7--(it iv c/{'/CC ,n) .„ r 4/1 (05-7 a,s3 3 /g)' } / ..v' 3 7 -a 7a. - S y o �r .� 1 -,./ 97° ter-/�3 01Z , ; 7 ` 1b ,zl 29-? 7) cq7 t1 I J; i I ii CCU �3 CAPRI CHRISTIAN CHURCH 1; ON THE ISLES OF CAPRI AT'5� . �""�`r.+'" '- r__ ' 111 E.HILO ST. NAPLES.FL 34113 Tier.xPAONE(Y39)84p6p88 FAX(p39)842-9952 DR-PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 912114. DUE 9/30/14 April,2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429&430 Pago Pago Drive for this purpose. I also understand that there will be a 7 3'z foot landscape buffer around three sides of the property. SIGNED: s vfl diwar ADDRESS:"' /G/ //Z0 "e;'`a CS- /`d- 3 r/g DATE: i/y 23 - 3a -SL C C C CAPRI CHRISTIAN CHURCH k ON THE ISLES OF CAPRI r 111 F HILO ST. NAPLES,FL 34113 "MI a .1" •: TELEPHONE(239)6426233 FAX(239(642-9952 April,2014 DR-PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 TO: Blair A. Foley, PE, Civil Engineer DUE: 9/30/14 RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429&430 Pago Pago Drive for this purpose. I also understand that there will be a 7 Yz foot landscape buffer around three sides of the property. SIGNED: ADDRESS: /1 r---- DATE: 5/ q( / y 6-7 2 C CAPRI CHRISTIAN CHURCH ■ t; ON THE ISLES OF CAPRI ■ ,.,w. ,.< ` -,% S^»�5.''bra 1 ,* ye ,, 111 E.HILO ST. NAPLES.FL 34113 ' -`'' ''" • =`'''' ' •6 TELEPHONE(939)642.6233 FAX 1239)842-9952 DR—PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April,2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429&430 Pago Pago Drive for this purpose. I also understand that there will be a 7 Y2 foot landscape buffer around three sides of the property. '41.------- SIGNED: 1) -- ADDRESS: 1/ f tC, / , r te/-' 7 V//J DATE: 54//47 d Z ? 2/6 2 Oz C C C " CAPRI CHRISTIAN CHURCH =,.vikveltotiwq. ON THE ISLES OF CAPRI t ay? ^X93 w r- t fA 111 E.HILO ST. NAPLES,FL 34113 r.'.1-.1' ._. YY TFi.FPHONE(2391 844.83233 FAX(2391 644.9954 DR -PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429&430 Pago Pago Drive for this purpose. I also understand that there will be a 7 'Afoot landscape buffer around three sides of the property. SIGNED: V1' Z/et ADDRESS: I a. 9 1 //I L- O 5 r DATE: 51 (//4L i " - 2T - 7'1-14- 2. 3 q _ 2(1. T - 7/0 3 • » `;-',- Wit; C C C CAPRI CHRISTIAN CHURCH sr 4 a_ , ,•Z ON THE ISLES OF CAPRI ' _ akr ....l ...s 43i 111 E.HILO ST. NAPLES.FL 34113 as 'sr , ," 4 � 3: TELEPHONE(239)642-6233 FAX(239)642-995£ DR-P1.20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April,2014 TO: Blair A. Foley, PE,Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429&430 Pago Pago Drive for this purpose. I also understand that there will be a 7 34 foot landscape buffer around three sides of the property. SIGNED: e ADDRESS: /14fL< DATE: / -/y g-3 r a- 37 3 c - a C C C CAPRI CHRISTIAN CHURCH ON THE ISLES OF CAPRI «"':, ;'`'° 111 E.HILO ST. NAPLES.FL 34113 by ' TELEPHONE{239)642-6233 FAX 1239)642.9952 DR-PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley,PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429&430 Pago Pago Drive for this purpose. I also understand that there will be a 7 34 foot landscape buffer around three sides of the property. if SIGNED: ADDRESS: //t�NO L LLL� 737 7/7- Z7 DATE: 5(`i J�{ CAPRI CHRISTIAN CHURCH ' ON THE ISLES OF CAPRI ` ' '- a t- . -ttr.. 111 E.HILO ST. NAPLES.FL 34113 ;py'"'' * �; ,T ay h. " TELEPHONE(239)642-6233 FAX(239)642-9952 DR-PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church i After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 7%:foot landscape buffer around three sides of the property. i SIGNED: 1 i �„f-k. ADDRESS: 1 43 ._. a.L 234t-777-Z5 47 DATE: Sig /Zc�i tit i C C C CAPRI CHRISTIAN CHURCH ON THE ISLES OF CAPRI 111 E.HILO ST. NAPT.F-S,FL 34113 TELEPHONE 1839!642-6233 FAX(239■642-9952 DR-PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley,PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429&430 Pago Pago Drive for this purpose. I also understand that there will be a 7 32 foot landscape buffer around three sides of the property. i SIGNED: h.r► ,► ->.� ..� ADDRESS: 1`5.0 - 14 t.La Z3' .777- ZS`Y7 DATE: 5-`9 ` 2t!)`-f 1x C C C CAPRI CHRISTIAN CHURCH ON THE ISLES OF CAPRI DR-P120140000538 REv: . ty 111 E.HILO ST. NAPLES,FL 34113 TELEPHONE(239)642-6233 FAX(239)642-9952 CAPRI CHRISTIAN CHURCH DATE:9/2/14 DUE': 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 7%2 foot landscape buffer around three sides of the property. f SIGNED: n ��I- LA-fAet L� ADDRESS: 1 Z i, 6..c 1 c Z-51. 77-1 .ct7 Z13 DSL� DATE: /1./ 'Z 0-1. C C C CAPRI CHRISTIAN CHURCH ON THE ISLES OF CAPRI 111 E.HMO ST. NAPLES.FL 34113 TELEPHONE(239)642.6233 FAX(239)642-9952 DR-PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 7%z foot landscape buffer around three sides of the property. SIGNED: _., ADDRESS: \. S-"6 S`� 1 DATE: S -2-r 1 MAY-6-2014 09:13 FROM:ESA INK 6082212444 TO:12396423215 P.1.1 rI CAPRI CHRISTIAN CHURCH bN": 14iL1rA UJ C. (44 ill Z.T ITT,O P. NAPLTESL Pt 36.1.1.3- - 7'ISLJWLSffND 1.12:1010041544 PAX i200.0412N1)671 DR-PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH A DATE: 9/2/14 prll,2014 DUE: 9/30/14 TO: Blair A. Foley, PE,Civil Engineer R£; Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church,I am in favor of developing lots 429&430 Pago Pago Drive for this purpose. I also understand that there will be a 7)4 foot landscape buffer around three sides of the property. SIGNED ✓ r ADDRESS: /40 C Ar(//s .01 DATE: C C C CAPRI CHRISTIAN CHURCH a?s G, ON THE ISLES OF CAPRI .^ 111 E.HILO ST. NAPLES,FL 34113 4 w, "+G r •r TELEPHONE(239)642-6233 FAX(239)642-9952 DR-PL20140000538 REy. CAPRI CHRISTIA1 N CHt1RCH DATE: 9/2/14 DUE 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, i am in favor of developing lots 429 &430 East Pago Pago Drive for this purpose. I also understand that there will be a 7'Afoot landscape buffer around three sides of the property. SIGNED: ADDRESS: 1/ // "eg'° DATE: /t/4/ / , a3c,2— _ 091 2 R, Ma' a r m 1 F . i C C C CAPRI CHRISTIAN CHURCH �: 1,.A..:,:, ON THE ISLES OF CAPRI 2164.:„ -<a<- w t4,,%.4,,: 111 E.HILO ST. NAPLES,FL 34113 ,= °'tt\''Y�'" �` TELEPHONE(239)642.6233 FAX(239)642.9952 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April,2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 7%foot landscape buffer around three sides of the property. F 1/ � 1 • SIGNED: 4) -Cf ..e...r P.. 7--P.-- ADDRESS: i g 4: '-C. el,.; i G DATE: _ / 7-(4(Eid_R_y . ........_.................... 1.. C C CAPRI CHRISTIAN CHURCH q ON THE ISLES OF CAPRI ems, " ,,,,40:`", ':,,, , • .,... ' v.: 111 E.HILO ST. NAPLES,FL 34113 & °'.:r°'.*'` x3 :�._ .wad.. TELEPHONE(239)642-8238 FAX i2391 842-99 52 DR-PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH April, 2014 DATE: 9/2/14 DUE: 9/30/14 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 7 Yz foot landscape buffer around three sides of the property. SIGNED: _° / �, " ADDRESS: /6 _ r `, pet_72 "r DATE: It 3/415,,e 2- 33 c'. z-- ° / (7/ 7 1 C C C CAPRI CHRISTIAN CHURCH 's,--.4,f-.44.-0s ON THE ISLES OF CAPRI '"'.% r--,Ne 111 E.HILO ST. NAPLES,FL 34113 icy 4„T„. ,1,: ... SAS" `%g5:"ti.. TELEPHONE 1239)64i.-8233 FAX(2391642 9952 DR -PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 7 %foot landscape buffer around three sides of the property. --4 ,011.P* _,,---- '' SIGNED D. Aide r"! ADDRESS: /Q 51 C- q} ,--) 7 Q DATE: OAK. 1 C C C 1 CAPRI CHRISTIAN CHURCH r " a — , , ON THE ISLES OF CAPRI } ".::, ':, 4+ -rct 4 "• 111 E.HILO ST. NAPLES,FL 34113 TELEPHONE(239)642.6233 FAX(2391642-9952 DR- PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE,Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 7'/2 foot landscape buffer around three sides of the property. SIGNED: , " % ' 67(-- ADDRESS: // j ,f, 7:-"6"719 /tea v DATE: V46/0/ 4-- -3. - '7 3/ - P/ KC3 C C C CAPRI CHRISTIAN CHURCH ON THE ISLES OF CAPRI y'?�a •" x a : r 111 E.HILO ST. NAPLES.FL 34113 TELEPHOIv'E 12391 8428833 FAX(2391642-9952 DR -PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 71/4 foot landscape buffer around three sides of the property. 1 F SIGNED: ' 7 � ADDRESS: /f 7 ,t . 947,7 et) DATE: s/V/ — 7 3 / T 6 C C C CAPRI CHRISTIAN CHURCH ON THE ISLES OF CAPRI x , n+-,w. 4a•- - _. 111 E.BMA ST. NAPLES.FL 34113 .. TELEPHONE(239)642-6233 FAX(239)642-9952 DR- PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April,2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 7%:foot landscape buffer around three sides of the property. SIGNED: T ,93 y' L//© -- S2ao. 7 ADDRESS: I / rc2 c� , f: r C T DATE: :6-/V1 y C C C CAPRI CHRISTIAN CHURCH ' ON THE ISLES OP CAPRI Z A a ATtRIA.AP-A.A.r .. 8 111 E.HIL.O ST. NAPLES,FL 34113 S - ,"`°.°': " ' ` TELEPHONE(239)642-6253 FAX 12391 642-9952 DR-PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April,2014 TO: Blair A. Foley, PE,Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429&430 Pago Pago Drive for this purpose. I also understand that there will be a 7"Afoot landscape buffer around three sides of the property. SIGNED: � x-0,0 ADDRESS: di i,431 r, /..") ,//E,A?ac DATE: r "/7 /1 0/ 7-- S"' --..r 7 J C C C CAPRI CHRISTIAN CHURCH r s5 —N..- ON THE ISLES OF CAPRI 111 E.KILO ST. NAPLES.FL 34113 sar Ylu t ' TE7-FPHON (239∎642-6233 FAX'239-642-9952 DR-PL20140000538 REV: 1 E CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE; 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 7 34 foot landscape buffer around three sides of the property. SIGNED: % am %'74777t-e4 ADDRESS: -,3 ' 1 DATE: � � t //� 1779. o 93-S .................... v ;t.. "`--' C C CAPRI CHRISTIAN CHURCH r „ ;- .,,. ON THE ISLES OF CAPRI ,--,t, A . 111 E.1E11,0 ST. NAPLES,FL 34113 • } 47n;',1,1%, � `y' TFT.F PHONE 42394 6426233 FAX(239)642-9962 DR-PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April,2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 7'/:foot landscape buffer around three sides of the property. SIGNED: ` 4z- \►\\&\ ç . L .c-J ADDRESS: A 7 �=- in t, \--.') DATE: to- l all- a5cf - a-114 -5 C C C CAPRI CHRISTIAN CHURCH rkt ON THE ISLES OF CAPRI 111 E.HILO ST. NAPLES.FL 34113 .4:L"'7'? "'` --""'^ 'k- t< TELEPHONE(2391642-6233 FAX DR-PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 April, 2014 DUE: 9/30/14 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Us Pll�an for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 ago Pago Drive for this purpose. I also understand that there will be a 7'Afoot landscape buffer around three sides of the property. SIGNED: '� ADDRESS: 1z3 . U�Z CJ t' DATE: We..1 /r D) C C . _. . ,. ...,,..„,,, ON CAPTHE LSLRI ES COF CRISTIAN APRI CHURCH H .,-1-1-.-11.,; f., :;,. is >, 111 E.limo ST. NAPLES.FL 34113 '" 7,"i '. 4 v '' TW•P1PHONE(239)642-6233 FAX(239)642-9952 DR -PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley,PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429&430 Pago Pago Drive for this purpose. I also understand that there will be a 7 Y2 foot landscape buffer around three sides of the property. SIGNED: (� ` ADDRESS: 1 f `Pry,( '-eA65,0 DATE: 5 /, `"as I i az1 ---i9 - g9 6 bil 03,9 a7a Itr � 1 .. C C C I CAPRI CHRISTIAN CHURCH t ,, ,I. ON THE ISLES OF CAPRI ii&i , *knit"-,-: -,-,),..4,„., } 111 E.FIILO ST. NAPLES.FL 34113 Y.. is r y .1 '' '.. " - TTn 91pH03VE(2391642-6233 FAX(2391642 9952 DR-PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 East Pago Pago Drive for this purpose. I also understand that there will be a 7%foot landscape buffer around three sides of the property. i 1 I C,?0,r-r- -,7 __-- SIGNED: / ADDRESS: / .S.----r- , . /41/G 0 Cr- DATE: /6/,60//C/G 2 � e, z."2- - diV C C C CAPRI CHRISTIAN CHURCH �s s :e ON THE ISLES OF CAPRI e"«^° a d:•a i 111 E.HILO ST. NAPLES,FL 34113 TELEPHONE(239)642-6233 FAX(9391 642.9952 DR-PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 DUE: 9/30/14 April, 2014 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429&430 Pago Pago Drive for this purpose. I also understand that there will be a 7%foot landscape buffer around three sides of the property. SIGNED:(r'l .-r /'r ADDRESS: /33 5 HH/ 3f DATE: �- 7 0273 �)'3 C C C1 CAPRI CHRISTIAN CHURCH :'" ON THE ISLES OF CAPRI ""''" 111 E.HILO ST. NAPLES,FL 34113 L")'"` -' ' ' TELEPHONE(239)642-6233 FAX(239)642-9952 DR- PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH DATE: 9/2/14 April, 2014 DUE: 9/30/14 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christina Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429&430 Pago Pago Drive for this purpose. I also understand that there will be a 7 Y2 foot landscape buffer around three sides of the property. SIGNED: t)i(Aze Cr- Lic.{,. ) ADDRESS: 3 / 4- /`' ( L d pr_ DATE: C 4( (i v putsiti 23y 4(01 (2? DR-PL20140000538 REV: 1 CAPRI CHRISTIAN CHURCH April 2014 DATE: 9/2/14 DUE: 9/30/14 TO: Blair A. Foley, PE, Civil Engineer RE: Overflow Parking @ Capri Christian Church After discussing with a member of Capri Christian Church leadership team the Land Use Plan for overflow parking for Capri Christian Church, I am in favor of developing lots 429 &430 Pago Pago Drive for this purpose. I also understand that there will be a 7-1/2 foot landscape buffer around three sides of the property. SIG ADDRESS: 1Z7 e thlo �. (�,k..E)L c � f- )• DATE: 517/P/ 22A D) Friday,February 6,2015 DD NAPLES DAILY NEW S PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE , NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 26, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION PE-PL20140000538 - Capri Christian Church, Inc., requests approval of a parking exemption pursuant to LDC Section 4.05.02 K.3 to allow an off-site parking lot to be separated from the church property it serves by a 60-foot lot under separate ownership, within a Residential Single-Family (RSF-4) zoning district. The proposed off-site parking is located on Lots 429 and 430 of Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. 30 r 28 rn MAR ?¢ S HORES CO r C C. . I ' p 7 /s C.R.952 7/flp. PROJECT OE ISPRI 7 4 32�.�Il ' LOCATION _yr AO MARCO SHORES /1 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida m# EXHIBIT No.231123944 February 6.2015 a HEX 2-26-15 PDI—PL201 40002801 ESPLANADE AT HACIENDA LAKES Ann P. Jennejohn From: Rodriguez, Wanda Sent: Thursday, February 05, 2015 10:23 AM To: Deselem, Kay; Minutes and Records Cc: Ashton, Heidi; Stone, Scott; Neet, Virginia; Bellows, Ray Subject: FW: PDI-PL20140002801, HACIENDA LAKES PUD Attachments: 2 x 3 map.pdf; NDN ad.docx Importance: High Kay, The requested run date needs to be Tuesday, February 10 (not 20th). This allows the ad to run 16 days before the hearing and meets legal requirements. Otherwise the title is correct and the ad is good to go. Dinny, Please watch for this HEX ad next Tuesday. Thanks! Wanda Rodriguez, .ACT .advanced Certified ParaCegaf Office of the County Attorney (239)252-840o From: DeselemKay Sent: Thursday, February 05, 2015 10:17 AM To: Minutes and Records Cc: BosiMichael; BellowsRay; LangAshley; Patricia L. Morgan; NeetVirginia; RodriguezWanda; KendallMarcia Subject: PDI-PL20140002801, HACIENDA LAKES PUD Importance: High Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. Please reference the petition name and project name on all correspondence. Kay Deselem, AICP, Principal Planner Zoning Services--Planning&Zoning Department growth Management Division--Planning& Regulation 2800 N Horseshoe Drive Nap/es, FL 34104 Phone: 239-252-2931 fax 239-252-6357 kaydeselein colliergo v.ne t 1 February 05, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Tuesday, February 20, 2015, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Planning & Zoning Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING &ZONING Zoning Services Section FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Authorized Designee signature for HEX Advertising PDI-PL20140002801, HACIENDA LAKES PUD NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 26th, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: PETITION NO. PDI-PL20140002801 — Petitioner, Taylor Morrison of Florida, Inc., requests an insubstantial change to Ordinance No. 11-41, the Hacienda Lakes Mixed Use Planned Unit Development, to reduce the front yard setback for secondary front yards on residential corner lots from 20 feet to 10 feet for the residential development known as Esplanade at Hacienda Lakes. The subject property is located approximately one-half mile east of the intersection of Collier Boulevard (CR 951) and Rattlesnake Hammock Road (CR 864) in Section 23, Township 50 South, Range 26 East, in Collier County, Florida. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Y n ; 8 it F gl 4 : i I ---:2`"" I L Li k J ..Ik_ IL_JL l i Ii 1Y : i z .II i s; i a A2 i za r a Y or Y Y + . Acct #076397 February 5, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PDI-PL20140002801 (Display Ad w/Map) ' Dear Legals: Please advertise the above referenced notice (w/Map) on Tuesday, February 10, 2015 and send Duplicate Affidavits of Publication to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500154426 February 5, 2015 Advertising Requirements Please publish the following Advertisement and Map Tuesday, February 10, 2015 and furnish proof of publication to the attention of the Board's Minutes and Records Department, 3299 Tamiami Trail E., Suite 401, Naples, FL 34112. The advertisement must be a 1/4 pace advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING & ZONING Zoning Services Section PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 26th, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. PDI-PL20140002801 — Petitioner, Taylor Morrison of Florida, Inc., requests an insubstantial change to Ordinance No. 11-41, the Hacienda Lakes Mixed Use Planned Unit Development, to reduce the front yard setback for secondary front yards on residential corner lots from 20 feet to 10 feet for the residential development known as Esplanade at Hacienda Lakes. The subject property is located approximately one-half mile east of the intersection of Collier Boulevard (CR 951) and Rattlesnake Hammock Road (CR 864) in Section 23, Township 50 South, Range 26 East, in Collier County, Florida. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida ai r 1 a= It I ° .1. .`J Ei a i R E J it a i s' a - i -I i 8! °o i °s _ ri HO I ' r r I Ann P. Jennejohn From: Ann P. Jennejohn Sent: Thursday, February 05, 2015 11:54 AM To: Naples Daily News Legals Subject: PDI-PL20140002801 (Display w/MAP) Attachments: PDI-PL20140002801.doc; PDI-PL20140002801.doc; PDI-PL20140002801.pdf Please advertise the attached Notice (w/MAP) on Tuesday, February 10, 2015. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Friday, February 06, 2015 3:17 PM To: Ann P.Jennejohn Subject: #231123949 - CCHEX .Taylor Morrison Proof for 021015 Attachments: NDN231123949.CCHEX.Taylor Morrison.021015.pdf Hi Ann! Please provide approval ASAP for publication on 02.10.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidoraNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 `a , NM I'S • -.sNewscom 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 26th, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. PDI-PL20140002801 — Petitioner, Taylor Morrison of Florida, Inc., requests an insubstantial change to Ordinance No. 11-41,the Hacienda Lakes Mixed Use Planned Unit Development,to reduce the front yard setback for secondary front yards on residential corner lots from 20 feet to 10 feet for the residential development known as Esplanade at Hacienda Lakes.The subject property is located approximately one-half mile east of the intersection of Collier Boulevard (CR 951) and Rattlesnake Hammock Road(CR 864)in Section 23,Township 50 South, Range 26 East,in Collier County, Florida. MAD 11A1.41. (010 GOV QM 10 2olciw110l rte. i 1 '' _ 6 d! le woo.usa mom was ..... _ PROJECT _�" LOCATION PAM 111.1.74 la, 11-1 117 m m.l Nef W.V.•NOWT mnwlr 2e 21 u .0 26 ]0 L 2. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.231123949 February 10.2015 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Friday, February 06, 2015 3:40 PM To: Ann P.Jennejohn; Deselem, Kay Subject: RE: Esplanade at Hacienda Lakes Display Ad Proof Looks good here O 'Wanda 'Rodriguez, .ACT Advanced Certified Para legaC Office of the County .Attorney (239)252-8400 From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent: Friday, February 06, 2015 3:23 PM To: DeselemKay; RodriguezWanda Subject: Esplanade at Hacienda Lakes Display Ad Proof Hi there, The display for HEX Petition PDI-PL20140002801 (Esplanade at Hacienda Lakes) running February 10th for the February 26th HEX Meeting is attached for your review and (hopefully)approval. Please get back to me a.s.a.p. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) From: Polidora, Carol [mailto:cpolidora(anaplesnews.com] Sent: Friday, February 06, 2015 3:17 PM To: Ann P. Jennejohn Subject: #231123949 - CCHEX . Taylor Morrison Proof for 021015 Hi Ann! Please provide approval ASAP for publication on 02.10.15. Thanks! 1 Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Friday, February 06, 2015 4:13 PM To: Ann P.Jennejohn Subject: RE: #231123949 - CCHEX.Taylor Morrison Proof for 021015 Thank you! Released... Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidoraaNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 s at..1 ;;'r1 om From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent: Friday, February 06, 2015 3:56 PM To: Polidora, Carol Subject: RE: #231123949 - CCHEX . Taylor Morrison Proof for 021015 Looks great Carol, please publish next Tuesday, February 10th Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) From: Polidora, Carol [mailto:cpolidora@ naolesnews.com] Sent: Friday, February 06, 2015 3:17 PM To: Ann P. Jennejohn Subject: #231123949 - CCHEX . Taylor Morrison Proof for 021015 Hi Ann! Please provide approval ASAP for publication on 02.10.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidora @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 26th, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. PDI-PL20140002801 - Petitioner, Taylor Morrison of Florida, Inc., NAPLES DAILY NEWS requests an insubstantial change to Ordinance No. 11-41,the Hacienda Lakes Mixed Published Daily Use Planned Unit Development,to reduce the front yard setback for secondary front Naples,FL 34110 yards on residential corner lots from 20 feet to 10 feet for the residential development known as Esplanade at Hacienda Lakes.The subject property is located approximately one-half mile east of the intersection of Collier Boulevard (CR 951) and Rattlesnake Affidavit of Publicati I Hammock Road(CR 864)in Section 23,Township 50 South, Range 26 East, in Collier State of Florida County, Florida. Counties of Collier and Lee M;o'° "° „ -7117 MOM Of MRS. Before the undersigned they serve as COMON01100 AKA appeared Daniel McDermott who on o A� „ Inside Sales Manager of the Naples Dr 15 'tigilV„ mac••-_. PROJECT newspaper published at Naples, in Co] �m °'A o LOCATION distributed in Collier and Lee counties , ki� , r attached copy of the advertising, being m u " � �' _� „ OM PUBLIC NOTICE - 2 37 u .o u 'L . in the matter of PUBLIC NOTICE ,, �^ ."'' -_ U was published in said newspaper 1 tim on February 10,2015. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Affiant further says that the said Nap published at Naples, in said Collier CO Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe newspaper has heretofore been continu Drive, Naples, FL. County, Florida; distributed in Collier each day and has been entered as seco The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with office in Naples, in said Collier Count respect to any matter considered at such meeting or hearing, he will need a record of year next preceding the first publicatiI that proceeding, and for such purpose he may need to ensure that a verbatim record advertisement; and affiant further says of the proceedings is made, which record includes the testimony and evidence upon promised any person, firm or corporat which the appeal is to be based. commission or refund for the purpose If you are a person with a disability who needs any accommodation in order to publication in the said newspaper./ participate in this proceeding, you are entitled, at no cost to you, to the provision /,1 ! of certain assistance. Please contact the Collier County Facilities Management t - Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 »>> MM 5356, (239)252-8380, at least two days prior to the meeting. (Signat"ure of affiant) Mark Strain, i Chief Hearing Examiner Collier County, Florida Sword to and • bs •ed 4fore me This 13th da34 o ' - ruary 7 015. No.231123949 February 10.2015 (Signature of notary public) ; SIf P`<<� reRQ1�OLIDURH ",+��+�e Notary Public-State of Florida •' 's Commission M FF 185630 :� ni a aaFOrf et,.' My Comm.Expires Dec 28,2018 "„'�”, Bontledthrough aryMai. OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez,ACP il/f) DATE: March 9, 2015 RE: additional Hearing Examiner Decision from February 26, 2015. Attached is HEX No. 2015 — 06 from the Hearing Examiner hearing on February 26, 2015. [05-00A-01253/813782/11744 HEX NO. 2015—06 HEARING EXAMINER DECISION PETITION NO. PDI-PL20140002801 — Petitioner, Taylor Morrison of Florida, Inc., requests an insubstantial change to Ordinance No. 11-41, the Hacienda Lakes Mixed Use Planned Unit Development, to reduce the front yard setback for secondary front yards on residential corner lots from 20 feet to 10 feet for the residential development known as Esplanade at Hacienda Lakes. The subject property is located approximately one-half mile east of the intersection of Collier Boulevard (CR 951) and Rattlesnake Hammock Road (CR 864) in Section 23, Township 50 South, Range 26 East, in Collier County, Florida. DATE OF HEARING: February 26, 2015. STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition is approved. DECISION: The Hearing Examiner hereby approves Petition Number PDI-PL20140002801, filed by Alexis Crespo, AICP of Waldrop Engineering, P.A., representing Taylor Morrison of Florida, Inc., with respect to the property as described in the attached Exhibit A, for an insubstantial change to reduce the front yard setback for secondary front yards on residential corner lots from 20 feet to 10 feet for the residential development known as Esplanade at Hacienda Lakes. Said change is fully described in the Hacienda Lakes MPUD amendment attached as Exhibit B, and is subject to the conditions set forth below. ATTACHMENTS: Exhibit A—Esplanade at Hacienda Lakes legal description Exhibit B —Hacienda Lakes MPUD amendment LEGAL DESCRIPTION: See Exhibit A. CONDITIONS: 1. This insubstantial change is only applicable to residential lots within the Esplanade at Hacienda Lakes development. 2. Limited to secondary front yards on corner lots only. Secondary front yards are those that do not contain the driveway/vehicular access to the garage, dwelling unit or lot. [15-CPS-01405/1150948/1]27 1 of 2 APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. c IA Date Mark Strain, Hearing Examiner Approved as to form and legality: Scott A. Stone Assistant County Attorney US-CPS-01405/1150948/1127 2 of 2 OR 4938 PG 2435 Exhibit"A" HACIENDA LAKES OF NAPLES TRACT A A TRACT OR PARCEL OF LAND SITUATED IN SECTION 23,TOWNSHIP 50 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA,BEING BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE 4 INCH SQUARE CONCRETE MONUMENT REFERENCED IN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CERTIFIED CORNER RECORD NUMBER 84343 MARKING THE EAST ONE QUARTER CORNER OF SECTION 23,TOWNSHIP 50 SOUTH,RANGE 26 EAST; THENCE ALONG THE EAST-WEST ONE QUARTER SECTION LINE OF SAID SECTION 23,SAID LINE BEING THE BASIS 0. 'je IS DESCRIPTION, S.89°01'58"W.,FOR 30.03 FEET T�P' ON 15° RE WESTERLY RIGHT OF WAY LINE OF BENFIELD RO 1 •■ P THE POINT OF G I ING OF THE HEREIN DESCRIBED PARCEL; 'la_ '~--•-- THENCE CONTINUING • CO; `•• r • P r • : W AR! R SECTION LINE, S.89°01'58"W.,FOR 1,298.4 .J: 1 1;i ` '•oN ' • it ' MN; CAP LB 6990 MARKING THE NORTHEA T'"aORNER OF THE 4,41R ' ' :�' •NE QUARTER OF THE SOUTHEAST ONE QUARTS '' AID SECTION fit, . 1. • ' ALONG THE EAST, SOUTH AND WEST LINES OF ttli ORTHEAST 0 047 TER OF THE NORTHWEST ONE QUARTER 0 =`A li ! N.1- rf `• ►' QUARTER THE FOLLOWING THREE(3)COURSES: 1E-1, C III- " 1. THENCE S.01°18'52"W.,FOR 679.65 FEET TO A 5/8"IRON ROD WITH CAP LB 6990 MARKING THE SOUTHEAST CORNER OF SAID NORTHWEST ONE QUARTER; 2. THENCE S.89°22'00"W.,FOR 663.28 FEET TO A 5/8"IRON ROD WITH CAP LB 6990 MARKING THE SOUTHWEST CORNER OF SAID NORTHWEST ONE QUARTER; 3. THENCE N.01°14'38"E.,FOR 675.75 FEET TO A 5/8" IRON ROD WITH CAP LB 6990 MARKING THE NORTHWEST CORNER OF SAID NORTHWEST ONE QUARTER AND A POINT ON SAID EAST-WEST ONE QUARTER SECTION LINE; THENCE ALONG SAID EAST-WEST ONE QUARTER SECTION LINE S.89°01'58"W., FOR 664.25 FEET TO A 5/8"IRON ROD WITH CAP LB 6990 MARKING THE CENTER OF SAID SECTION 23; THENCE CONTINUING ALONG SAID EAST-WEST ONE QUARTER SECTION LINE S.89°01'58"W.,FOR 627.16 FEET TO A 5/8"IRON ROD MARKING THE SOUTHWEST CORNER OF THE EAST ONE HALF OF THE EAST ONE HALF OF THE NORTHWEST ONE QUARTER OF SAID SECTION 23; THENCE ALONG THE WEST LINE OF SAID EAST HALF N.01°01'15"E.,FOR 1,699.99 FEET TO A 5/8"IRON ROD; THENCE S.88°58'45"E.,FOR 445.48 FEET; OR 4938 PG 2436 THENCE N.01°01'15"E.,FOR 400.00 FEET; THENCE S.88°58'45"E.,FOR 151.77 FEET; THENCE N.01°01'15"E.,FOR 457.04 FEET TO A POINT ON THE FUTURE SOUTHERLY RIGHT OF WAY LINE FOR RATTLESNAKE HAMMOCK ROAD EXTENSION AND A POINT ON A CURVE; THENCE ALONG SAID FUTURE SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING SIX(6)COURSES: 1. THENCE EASTERLY 268.58 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 949.00 FEET THROUGH A CENTRAL ANGLE OF 16°1T55"AND BEING SUBTENDED BY A CHORD WHICH BEARS N.82°44'27"E. FOR 267.68 FEET TO A POINT OF REVERSE CURVATURE; 2. THENCE EASTERLY 297.08 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 600.00 FEET THROUGH A CENTRAL ANGLE OF 28°22'07"AND BEING SUBTENDED BY A CHORD WHICH BEARS N.88°49'03"E.FOR 294.05 FEET TO A POINT OF COMP e r • 0V, #; z• •l: ; 3. THENCE EASTERLY 211.21 PO,..... • G •T'�` A COMPOUND CURVE TO THE RIGHT HAVING A RAD A 9 1,040.00 FEET �T U 9 A CENTRAL ANGLE OF 11°38'09"AND BEING SUB ► P,. :_ - : '-0 ' C` B: • ' S.71°10'49"E.FOR 210.84 FEET TO A POINT •i ' A- ' k---Ai rk� 4. THENCE EASTERLY 54•.8' `'1 • • �� • ' VERSE CURVE TO THE LEFT HAVING A ' • : '• ' L ,O�1T`+ '` G"�•A ENTRAL ANGLE OF 27°00'44"AND BEING SUB ► 'ED BY A CHO' C =; • 'S S.78°52'07"E. FOR 541.84 FEET; 4. Q 5. THENCE N.87°37'31"E.,FO Cram FEET TO A PO P; • URVATURE; 6. THENCE SOUTHEASTERLY ' '+N a • • 'C OF A TANGENTIAL CURVE TO THE RIGHT HAVING A v,I 4'' t)I is :i FEET THROUGH A CENTRAL ANGLE OF 90°57'22"AND BEING SUBTENDED BY A CHORD WHICH BEARS S.46°53'48"E.FOR 71.30 FEET TO A POINT ON THE FUTURE WESTERLY RIGHT OF WAY LINE OF BENFIELD ROAD AND A POINT OF REVERSE CURVATURE; THENCE ALONG SAID FUTURE WESTERLY RIGHT OF WAY LINE THE FOLLOWING FOUR(4)COURSES: 1. THENCE SOUTHEASTERLY 955.48 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 1,160.00 FEET THROUGH A CENTRAL ANGLE OF 47°11'39"AND BEING SUBTENDED BY A CHORD WHICH BEARS S.25°00'56"E. FOR 928.70 FEET; 2. THENCE S.48°36'46"E.,FOR 641.57 FEET TO A POINT OF CURVATURE; 3. THENCE SOUTHEASTERLY 909.05 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 1,040.00 FEET THROUGH A CENTRAL ANGLE OF 50°04'53"AND BEING SUBTENDED BY A CHORD WHICH BEARS S.23°34'19"E.FOR 880.38 FEET; 4. THENCE S.01°28'07"W.,FOR 239.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. Exhibit B Page 1 of 3 Hacienda Lakes MPUD Amend Ordinance 11-41 The "Table I Residential Development Standards," under Exhibit B, "Development Standards"of the PUD Document attached to Ordinance No. 11-41, the Hacienda Lakes MPUD, is hereby amended as attached hereto and incorporated by reference herein. Exhibit B-1, "Esplanade at Hacienda Lakes Project Location Map,"attached hereto and incorporated by reference herein, is hereby added to the PUD Document attached to Ordinance No. 11-41, the Hacienda Lakes MPUD. Exhibit B Page 2 of 3 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS ***************** General application of setbacks: Front yard setbacks shall comply with the following: i. If the parcel is served by a public or private road right-of-way, the setback is measured from the adjacent right-of-way line. ii. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. iii. For corner lots, only one (1) front yard setback shall be required. The yard that does not contain the driveway/vehicular access to the residence shall provide 10' setback. This setback applies only to single family detached, zero lot line, and two family/duplex dwelling types with a maximum zoned building height of 35' within the Esplanade at Hacienda Lakes property, as depicted on Exhibit B-1, attached hereto. At the time of platting, intersections subject to the secondary front yard setback shall demonstrate compliance with sight distance triangles as set forth in LDC Section 6.06.05 Notes: 1) Structures adjacent to a lake may have no setback from the lake maintenance easement. 2) Entrance features (i.e.: guard house, clock towers and colonnades) are limited in height to no greater than 35 feet in actual height. 3) Two or three story multi-family structures may have terraced setbacks. Terraced setbacks shall be measured from the ground floor exterior wall, as long as a minimum 15-foot building wall setback is provided as depicted in Figure 1 below. 4) For all residential units, garages shall be located a minimum of 23 feet from the back of the sidewalk closest to the garage, except for side loaded garages, wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to prevent vehicles being parked across a portion, or all of the referenced sidewalk. 5) No residential buildings greater than 50 feet in actual height shall be permitted west of the Florida Power and Light easement. Hacienda Lakes MPUD Words struck through are deleted; Last Revised: March 5, 2015 Words underlined are added B_1 Exhibit B ESPLANADE AT HACIENDA LAKES Page 3 of 3 PROJECT LOCATION MAP NORTH frifr11 e -----1 MOM i ------.4----„...------ , D • 'PROJECT 16 -DRI -*47 SITE ,, BOUNDARY, 7.] s.' P r gliNa: ---- 1111 .' ,,,,,�_ 2t".'":"...L..... 30 24) 1 . t'LJ 0 q‘1( 1 /7- _1 .1 AGENDA ITEM 4-B Collier County MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: FEBRUARY 26,2015 SUBJECT: PDI-PL20140002801, HACIENDA LAKES PUD PROPERTY OWNER/APPLICANT: AGENT: Taylor Morrison of Florida, Inc. Alexis Crespo,AICP c/o John Asher Waldrop Engineering, P.A. 551 N. Cattlemen Rd. #200 28100 Bonita Grande Dr,#305 Sarasota, FL 34232 Bonita Springs, FL 34135 NOTE: Taylor Morrison of Florida, Inc. owns the tract wherein the amendment is to be applicable, Esplanade at Hacienda Lakes. This area is shown cross-hatched on the attached zoning map. There are other property owners within the Hacienda Lakes PUD whose property will not be affected by this amendment. REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial amendment to the Hacienda Lakes PUD to approve a reduction ine the front yard setback for secondary front yards on residential corner lots from 20 feet to 10 feet. GEOGRAPHIC LOCATION: The subject property of the overall PUD, consisting of 2,262+/- acres is located on the east side of Collier Boulevard (C.R. 951) at the intersection of Collier Boulevard and Rattlesnake-Hammock Road and north and south of Sabal Palm Road in Sections 11, 12, 13, 14, 23, 24 and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida(See location map on the following page.) PURPOSE/DESCRIPTION OF TEXT CHANGES: The applicant's agent has offered the following introductory statements in support of this petition: PDI-PL20140002801, HACIENDA LAKES PUD Ei ( EXHIBIT Page 1 of 5 February 26,2015 Hearing Examiner Last Revised: 1/6/15 I9S 4 /15 =ipiid I i ti T 33 a a 4 1 a ■ .. .1 = i t[ 4YMtq 41ee Mel. PI 11. 111111E.• �w �.�. �� . ..h, Q�� 11111111 — it■■■ Ma tiN wee J I,�1 c i� ' �� 111 =■_■:_ ■m■�� N �°_ ��° . =111 =' eau a N J e a�_ - SITE ■ me O ea. ^Y �'� -,II LOCATION ears• w eeeeeesee 4r. ! my�.O ,!S'%i u is— r maw uP � -• N PROJECT 17 •I �e, ��%/� ■•• .., I LOCATION :�S , 1 0:ee� ' ..::7. . .'.:• ...,,,\..('"-7"Nll ! Lisrk..9. ) ... ._, . as �iJ f r v x z e a. e/ LOCATION MAP ZONING MAP PETITION #POI-PL-2014-2801 ESPLANADE AT HACIENDA LAKES PROJECT LOCATION MAP NORTH +' __, 9 11 M 7 5 „,..).7 j---- -1714 D ,. I PROJECT 18 DRI -7 r ITE BOUNDARY RATTLE• . / r i •. 'u Jl` -I. ' (CR 864) r k" 22 r-----4"rif 19 ao j i K.-_, ' 9 sArIAL P 1f w tft dm L d at at ...,..• 411, In 2011, the Property was rezoned from Rural Agriculture (A) and Agricultural Special Treatment Overlay (A-ST) to Mixed Use Planned Unit Development pursuant to Ordinance 11-41. The MPUD allows for a maximum of 1,760 dwelling units, 327,500 square feet of commercial retail uses, 70,000 square feet of professional and medical office uses, 135 hotel rooms, 140,000 square feet of business park/educational facilities, a public school, and continuation of the "swamp" buggy attraction. In 2013, Taylor Morrison of Florida, Inc. (Applicant), purchased a 152-acre residential tract within the MPUD, generally located south of the Rattlesnake Hammock Extension and '/_� mile east of Collier Blvd. The Applicant is developing the parcel, known as Esplanade at Hacienda Lakes, with residential uses pursuant PL20120002539. The Applicant is requesting Staff's approval of an insubstantial change to the Hacienda Lakes MPUD/DRI Table 1 Residential Development Standards located in Exhibit B of the PUD Ordinance (Ordinance 11-41). The Applicant is seeking approval of a reduced secondary front yard setback,from the required 25' to 10'for secondary front yards on corner lots. For the purpose of this request, the secondary front yard is the yard that does not contain the driveway/vehicular access to the dwelling unit. The secondary frontage will not have a side loaded garage, and therefore does not need to meet the same setback requirement as the primary frontage with the driveway. This request will not negatively impact the safety of the residents living within the Hacienda Lakes MPUD/DRI. The proposed secondary front yard setback will apply only within residential portions of the Hacienda Lakes a master planned community. The residential streets are planned as private right-of-ways with relatively low travel speeds. The overall low speed of cars within the community mitigates the necessity of the secondary front yard setbacks at 25 feet. Lending further to the justification of this request, there will be no vehicles overhanging into the streets on the secondary front yards, as there will be no driveway, or vehicular access to the residence located there (aka no side entry garages). Furthermore, this type of request has been approved in other residential communities within Collier County, such as the Naples View RPUD (Ord. No. 12-22), and residential tracts within the Royal Palm International Academy PUD(Ord. No. 13-26). In addition, a deviation to allow one wall sign with a maximum height of thirteen feet at the entrance of the Esplanade at Hacienda Lakes was approved in PDI-PL2014000973 in HEX No. 2014-18. Other deviations were approved for the Hammock Park Commerce Center CPUD to allow a Hacienda Lakes sign with a maximum height of 13 feet and a sign area of 38 square feet was approved in PDI-PL20140001187 with HEX No. 2014-28. ANALYSIS: The petitioner is seeking a reduction in the front yard setback for secondary front yards on residential corner lots from 20 feet to 10 feet. PDI-PL20140002801, HACIENDA LAKES PUD Page 2 of 5 February 26,2015 Hearing Examiner Last Revised: 1/6/15 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 are to be reviewed before they can be approved. The criteria and a response to each criterion of 10.02.13.E.1 have been listed as follows: a. Is there a proposed change in the boundary of the Planned Unit Development(PUD)? No,there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. c. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five(5) acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space), or a proposed relocation of nonresidential land uses? No, the proposed amendment will not increase the size of institutional, commercial, industrial uses since the PUD since it will only affect residential units. The governing ordinance allows residential and associated accessory uses. No additional uses are being requested. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? There are no substantial impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No, as noted above, the proposed change will not create any additional vehicular generated trips. g. Will the change result in a requirement for increased stormwater retention,or otherwise increase stormwater discharge? PDI-PL20140002801, HACIENDA LAKES PUD Page 3 of 5 February 26,2015 Hearing Examiner Last Revised: 1/6/15 No, the proposed change should not increase stormwater retention, or otherwise increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. The proposed change should not result in any incompatibility. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No, this modification is in compliance with the Future Land Use Element of the Growth Management Plan. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to 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. The Hacienda Lakes PUD is also a DRI; however the change proposed does not trigger any determination regarding the DRI. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provide above, the proposed changes are not deemed to be substantial. FINDINGS OF FACT: LDC Subsection 10.02.13.E.2 also requires an evaluation of the findings and criteria used for the original PUD application. The staff report for the original rezone petition contained the PUD and Rezoning Findings from LDC Subsection 10.02.13.B.5 and 10.02.08.F, respectively. This amendment does not negatively impact any of those findings. • COUNTY ATTORNEY OFFICE REVIEW. The County Attorney Office has reviewed the staff report on January 12, 2015. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Hacienda Lakes PUD, PDI- PL20140002801. PDI-PL20140002801,HACIENDA LAKES PUD Page 4 of 5 February 26,2015 Hearing Examiner Last Revised: 1/6/15 PREPARED BY: KAY D SFLEM,AICP,PRINCIPAL PLANNER QA FE DEPAR 'MEN1 OF PLANNING AND ZONING REVIEWED BY: 1- 1.15 RAY: ND V. BELLOWS,ZONING MANAGER DATE DEPA MF;N 1 OF PLANNING AND ZONING r MIKE BOSI,AICP,DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING PDI-PL20140002801,HACIENDA LAKES PUD Page 5 of 5 February 26, 1015 Hearing Examiner Last Revised: 116/15 Hacienda Lakes MPUD Amend Ordinance 11-41 The"Table I Residential Development Standards,"under Exhibit B, "Development Standards"of the PUD Document attached to Ordinance No. 11-41, the Hacienda Lakes MPUD, is hereby amended as attached hereto and incorporated by reference herein. Exhibit B-1, "Esplanade at Hacienda Lakes Project Location Map,"attached hereto and incorporated by reference herein, is hereby added to the PUD Document attached to Ordinance No. 11-41, the Hacienda Lakes MPUD. TABLE I RESIDENTIAL DEVELOPMENT STANDARDS ***************** General application of setbacks: Front yard setbacks shall comply with the following: If the parcel is served by a public or private road right-of-way,the setback is measured from the adjacent right-of-way line. ii. If the parcel is served by a non-platted private drive,the setback is measured from the back of curb or edge of pavement. iii. For corner lots,only one(1)front yard setback shall be required. The yard that does not contain the driveway/vehicular access to the residence shall provide 10' setback. This setback applies only to the Esplanade at Hacienda Lakes property,as depicted on Exhibit B-1,attached hereto.At time of platting,intersections subject to the secondary front yard setback shall demonstrate compliance with sieht distance triangles as set forth in LDC Section 6.06.05. Notes: 1) Structures adjacent to a lake may have no setback from the lake maintenance easement. 2) Entrance features(i.e.:guard house,clock towers and colonnades)are limited in height to no greater than 35 feet in actual height. 3) Two or three story multi-family structures may have terraced setbacks.Terraced setbacks shall be measured from the ground floor exterior wall,as long as a minimum 15-foot building wall setback is provided as depicted in Figure 1 below. 4) For all residential units,garages shall be located a minimum of 23 feet from the back of the sidewalk closest to the garage,except for side loaded garages,wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to prevent vehicles being parked across a portion,or all of the referenced sidewalk. 5) No residential buildings greater than 50 feet in actual height shall be permitted west of the Florida Power and Light easement. Hacienda Lakes MPUD Words struck are deleted; Last Revised:January 12,2015 Words underlined are added B-1 ESPLANADE AT HACIENDA LAKES PROJECT LOCATION MAP ``\-- I _ . -........\t NORTH 7 il, '\-/ N 7 e m•' .fi 1 PROJECT 1e DRI � SITE ) BOUNDARY • ..,......, ,►- 111 _ _y _ ®1 __ 22 __ ++ 20 i I-- Er: SA AL P � 1-- 1 _Cs. . L ,.4-- . ---., t r1 --14 r°11.. n 29 LI - 1 � i i ,,,.&,,, i ,j. HACIENDA LAKES MPUD/DRI INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) PDI-PL20140002801 COVER LETTER � I it • 1 V EERING I/\ CIVIL ENG NEEIUM &LAND DEVELOPMENT CONSULTANTS 2810 BMW*6MJ 1DR,," F 011.7899 December 17, 2014 Mr. Ray Bellows,AICP Zoning& Land Development Review Department Community Development&Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Hacienda Lakes MPUD Insubstantial Change(PDI) Dear Mr. Bellows: Enclosed for your review is an application for Insubstantial Change to a PUD in regards to the Hacienda Lakes MPUD/DRI, a 2,262.14+/- acre project located on the east side of Collier Boulevard (C.R. 951) and north and south of Rattlesnake Hammock Road in unincorporated Collier County, Florida. BACKGROUND/EXISTING CONDITIONS In 2011,the Property was rezoned from Rural Agriculture(A)and Agricultural Special Treatment Overlay(A- • ST) to Mixed Use Planned Unit Development pursuant to Ordinance 11-41. The MPUD allows for a maximum of 1,760 dwelling units, 327,500 square feet of commercial retail uses, 70,000 square feet of professional and medical office uses, 135 hotel rooms, 140,000 square feet of business park/educational facilities,a public school, and continuation of the"swamp" buggy attraction. In 2013, Taylor Morrison of Florida, Inc. (Applicant), purchased a 152-acre residential tract within the MPUD, generally located south of the Rattlesnake Hammock Extension and 1/2 mile east of Collier Blvd.The Applicant is developing the parcel, known as Esplanade at Hacienda Lakes, with residential uses pursuant PL20120002539. REQUEST The Applicant is requesting Staff's approval of an insubstantial change to the Hacienda Lakes MPUD/DRI Table 1 Residential Development Standards located in Exhibit B of the PUD Ordinance (Ordinance 11-41). The Applicant is seeking approval of a reduced secondary front yard setback, from the required 25' to 10' for secondary front yards on corner lots. For the purpose of this request, the secondary front yard is the yard that does not contain the driveway/vehicular access to the dwelling unit. The secondary frontage will not have a side loaded garage, and therefore does not need to meet the same setback requirement as the primary frontage with the driveway. Hacienda Lakes MPUD/DRI—POI Cover Letter/Request Narrative Page 1 of 5 0 This request will not negatively impact the safety of the residents living within the Hacienda Lakes MPUD/DRI. The proposed secondary front yard setback will apply only within residential portions of the Hacienda Lakes a master-planned community. The residential streets are planned as private right-of-ways with relatively low travel speeds. The overall low speed of cars within the community mitigates the necessity of the secondary front yard setbacks at 25 feet. Lending further to the justification of this request, there will be no vehicles overhanging into the streets on the secondary front yards, as there will be no driveway, or vehicular access to the residence located there (aka no side entry garages). Furthermore, this type of request has been approved in other residential communities within Collier County, such as the Naples View RPUD (Ord. No. 12-22), and residential tracts within the Royal Palm International Academy PUD(Ord. No. 13-26). JUSTIFICATION/COMPLIANCE WITH LDC§10.02.13.E: The request complies with the thresholds for insubstantial changes to PUDs as outlined in LDC§ 10.02.13.E as follows: a. A proposed change in the boundary of the PUD; No, the request will not impact the existing PUD boundary. 0 b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; No, the request will not increase the approved density or intensity. c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; No, the request will not result in a decrease preserve, conservation, recreation, or open space areas. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces),or a proposed relocation of nonresidential land uses; No, the request for reduced secondary front yard setbacks on corner lots does not impact non-residential use areas. 0 Hacienda Lakes MPUD/DRI—PDI Cover Letter Page 2 of 5 e. A substantial increase in the impacts of the development which may include, but are not • limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; No, the request will result in a decrease to the external impacts of the development. f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; No, the request will not generate a higher level of vehicular traffic. g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; No, the request will not result in increased requirements for stormwater retention or increase stormwater discharges. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; No, the request does not impact abutting land uses, or modify any of the approved land uses,location of uses, or landscape buffers. i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; No, the request does not impact the project's compliance with the Growth Management Plan. The request is strictly limited to a reduced secondary front yard setback from 25 feet to 10 feet, as approved in other gated communities in Collier County. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRi/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or No, the request does not require a determination that the change will result in a substantial deviation. As noted above, the request will not increase density/intensity, k Hacienda Lakes MPUD DRI-PDI/ Cover Letter Page 3 of 5 • traffic generation, non-residential land uses, or decrease environmental areas. The • • • request does not meet any of the criterion outlined in F.S. 380.06(19)(e)2. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13 No, based upon the correspondence from Ray Bellows attached herein, the request is not a substantial modification to the PUD, and may be processed as a PDI pursuant to the LDC and Administrative Code. CONCLUSION: In summary, the proposed Insubstantial Change will allow for the Hacienda Lakes MPUD/DRI residential development regulations to have a reduced secondary front yard setback from 25 feet to 10 feet, only on corner lots with no vehicular access to the residence from the secondary front yard. The proposed modification to the development regulations Table 1 in Exhibit B will allow for enhanced design flexibility and will not negatively impact public health, safety or welfare. This modification is similar to requests approved for other master-planned communities, as mentioned above. The MPUD will remain consistent with the LDC and Growth Management Plan(GMP). The following items are enclosed for your review: • 1. A check in the amount of$2,525 for the application fees; 2. Sixteen (16) copies of the completed PDI Application; 3. One (1)copy of letter from Ray Bellows waiving pre-application; 4. Sixteen (16)copies of the submittal cover letter detailing the purpose of the request; 5. Sixteen(16)copies of the current PUD Master Plan and one(1) reduced copy; 6. Sixteen(16)copies of the Exhibit B,Table I of the PUD document in strikethrough/underline format; 7. Two(2)copies of PUD document as revised with amended Title Page with Ordinance#; 8. Two(2)copies of the Recorded Warranty Deed; 9. Two(2)copies of the PUD Plat Book Pages; 10. Two(2)copies of the List identifying Owner&all parties of corporation; 11. One(1)original and one(1)copy of the executed Affidavit of Authorization with list of parties in organization; 12. One(1) copies of the approved Completed Addressing Checklist; 13. One (1)copies of the Location Map;and 14. Three(3)copies of the entire submittal documents on CDROM. Hacienda Lakes MPUD/DRI—PDI Cover Letter Page 4 of 5 I Should you require additional information or have any questions, please feel free to contact me directly at 10 (239)405-7777 or alexisc @waldropengineering.com. Sincerely, WALDROP ENGINEERING, P.A. Ikttiki Alexis V.Crespo,AICP, LEED AP Principal Planner Enclosures cc John Asher,Taylor Morrison of Florida, Inc. David Torres, Hacienda Lakes of Naples LLC • Hacienda Lakes MPUD/DRI—PDI • Cover Letter Page 5 of 5 HACIENDA LAKES MPUD/DRI INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) PDI-PL20140002801 APPLICATION • S { S Coifier County • COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 INSUBSTANPA1 CHANGE TO A PUD (P01) LDC cubsection 10.02.13 C &Code of Laws section -2-90 Ch.3 C.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. • PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Taylor Morrison of Florida, Inc. 410 Address: 551 N. Cattlemen Rd., #200 City: Sarasota State: FL ZIP: 34232 Telephone: (239) 322-3720 cell: (239) 293 4220 Fax: E-Mail Address: jasher @taylormorrison.com Name of Agent: Alexis Crespo, AICP Firm: Waldrop Engineering, P.A. Address: 28100 Bonita Grande Dr. #305 City: Bonita Springs state: FL ZIP: 34135 Telephone: (239) 405-7777 Cell: (239) 850-8525 Fax: (239) 405-7899 E-Mail Address: alexis.crespo @waldropengineering.com i ' D C.LOSt-RE OF ItvTERI::T INFORMATION Is the applicant the owner of the subject property? 1111 Yes H No • • • • 1. If applicant is a land trust, so indicate and name the beneficiaries below. [xi 2. If applicant is corporation other than a public corporation, so indicate and name officers • and major stockholders below. 9/25/2014 Page 1 of 4 Collier County 410 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 n 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ❑ 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ 5. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. 6. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below: (If space is inadequate, attach on separate page) See Attached Disclosure of Interest- Exhibit A 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 1 PUD NAME: Hacienda Lakes ORDINANCE NUMBER: 11-41 FOLIO NUMBER(S): Please see attached Addressing Checklist, 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? (SI Yes I No If no, please explain: Has a public hearing been held on this property within the last year? Ui Yes I I No If yes, in whose name? HEX 14-18 July 2014;HEX 14-28 September 2014 Has any portion of the PUD been INC SOLD and/or[U{ DEVELOPED? 410 Are any changes proposed for the area sold and/or developed? n Yes n No If yes, please describe on an attached separate sheet. 9/25/2014 Page 2 of 4 _ Co -er County • COWER COUNTY GOVERNMENT 2500 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 Yyww.cnU|enXov.Oet (23g)Z5Z-l40O FAX:(239)Z6%-6358 Pre-Apri|icc.tionMeeting and Final Submittal Requkement Checklist for: PWCt inau6s'iani(w| C6aoge Cbaptor3 6.3nf the Administrative Code ` The following Submittal Requirement checklist is to be utilized during the PreApplication Meeting and at time of application submittal At� | application packet. Please prov�othe submo�a|uenain the exact order|�tedbe�w'wbhcover shee� ' attached to each section. Incomplete submittals will not be accepted. ° #OF NOT RE(1UIREMENTS FOR REVIEW mEQU'nEFI COPIES REQUIRED Completed Application(download current form from County website) 16 Pre-Application Meeting notes Seonr/Bellow's mnannVuoxen 1 || E Project Narrative,including a detailed description of proposed changes 16 Ci Fl and why amendment is necessary See Cover Leper Detail of request See Cc Leer II ; ` [urmntyWasterNanQ1 Reduced Copy ~ . | Revised K4o�erPbn&1 Reduced Copy N/A*x/evoi'va r1 Revised Tex and any exxibitm+~°°~!„x,`°°" ~m" '~=w �=.�c-,o^cd �,,mp° PUD document with changes crossed through&underlined x H �� PVD document a,revised vvithamended T�iePage w�kOrdinance# ^ �~ ` Warranty Deed 111 x / Legal Description aro .f',taoh^owansmv Deed 111 III 11 Boundary survey,if boundary of original PUqisamended � . |fPUDisp|aued,|ndude plat book pages _ a . List �ont��ngOwner&oUpa�ksufunrpoot�n 2 1 Affidavit of Authorization,signed &��l��j 2 1:1 Completed Addressing 1 ^ II— ~S.Ej.iY ofD in. xI1in.graphic location map of site ----- 1 E3 Cl Electronic copy of all documents and plans • *please advise:The Office of the Hearing Examiner requires all materials 131 I:1 El to be submitted electronically in PDF format. _ *|f located in Immokalee or seeking affordable housIng,Include an additional set of each submitta • requirement. | - ___ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 0 9/25/201* Page 3 of 4 Cattier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collieriggy.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 - Bayshore/Gateway Triangle Redevelopment: Lockheart Executive Director Utilities Engineering:Kris VanLengen 0 Parks and Recreation:Vick Ahmad El Emergency Management:Dan Summers a Naples Airport Authority:Ted Soliday 0 Conservancy of SWFL:Nichole Ryan I Other: 0 Cit of Naples:Robin Singer,Planning Director 0 Other: €TE E t.0 >11= EMEr PUD Amendment Insubstantial(PDI):$1,500.00 I.I 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 ;f Applicant/Owne Signature Date Applicant/Owner Name(please print) • 9/25/2014 Page 4 of 4 • • HACIENDA LAKES MPUD/DRI INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) PDI-PL20140002801 • RAY BELLOWS E-MAIL • • Alexis Crespo •rom: BellowsRay <RayBellows @colliergov.net> Sent: Thursday, December 11, 2014 5:50 PM To: Alexis Crespo Cc: Jeremy H.Arnold;ScottChris; BrethauerPaula Subject: RE: Hacienda Lakes PDI - Secondary Front Yard Setback Hi Alexis, I have discussed this issue with staff and concur that the proposed change is insubstantial and doesn't require a pre-application meeting. Ray Raymond V. Bellows, Zoning Manager Zoning Services Section Department of Planning and Zoning Growth Management Division—Planning & Regulation Telephone: 239.252.2463; Fax:239.252.6350 Coatr�r County ..,.,,,._ 3.w 7«...... gyp..-.. w.... From: Alexis Crespo [mailto:Alexis.Crespo @waldropengineering.com] nt:Thursday, December 11, 2014 12:22 PM BellowsRay Cc: Jeremy H. Arnold; Scott Chris Subject: Hacienda Lakes PDI - Secondary Front Yard Setback Hi Ray, On behalf of Taylor Morrison we will be filing a PDI to insert a secondary front yard setback standard for corner lots. We are using Naples View as our template (see excerpt from Ord. 2012-22 below). Due to time sensitivity and the streamlined nature of the request,can we waive the requirement for a pre-app?We are targeting submittal next week and likely cannot get a meeting set prior.Thanks for your consideration. 410 • 1 i • • • EXHIBIT S DEVELOPMENT STANDARDS • NAPLES VIEW RPUD . Development of the Naples View RPIJD shall be in accordance with the contents of this Ordinance and ap sections of the IOC and Growth Management Plan (GMP)in effect at the time of issuance of any developmen such as,but not limited to,final subdivision plat,final site development plan,excavation permit,and prelimina authorization, to which such regulations relate. Where these regulations fail to provide developmental sta then the provisions of the most similar district shall apply. Table I below sets forth the development standards for land uses within the Naples View RPUD. Standa specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of a of the SOP or subdivision plat. TABLE I RESIDENTIAL DEVELOPMENT STANDARDS4Ii PERMITTED USES AND Single Family Zero Lot Two Townhome Recreation STANDARDS Detached Line Family, Duplex Min.Lot Area 5,000 SF 4,000 SF 3,500 SF 1,400 SF N/A Min Lot Widthi73 50' 40' 35' 16' N/A SETBACKS Front 15 15' 15 15' 20' 6 Side 5' 5'/0' . 5'/Q' $ftY 20' Rear(Principal) 15' 10' I0' 10' 10' Rear(Accessory) 0' 0' 0' 0' 0 4 Water body 20' 20' 20' 20' 20' l Airport Pullin: Rd, 25' 25' 25' 25' 25' Min.Distance Between 10' 10,0'm 10'/O'i" 10./0'151 Sum of)4 BH Principal Structures W Max.Building Height ? Zoned 35' 35' 35' 35' 35' Actual 40' 40' 40' 40' 40' No.of Stories 2 2 1 2 2 2 (1) Each half of a duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot area of 7,000 SF. (2) Minimum lot width may be reduced by 25%for cul-de-sac lots provided the minimum lot area requirement is rnaintair (3) The minimum 15'front yard setback may be reduced to 10'where the residence has a recessed,side entry,or rear en' garage. in no case shall there be less than a clear area of 23 feet between the back of the sidewalk and the face of the door for front entry garages. (4) For corner lots,only one(1)front yard setback shall be required.The yard that does not contain the driveway/vehicult access to the residence shall provide 10'setback. (5) Distance between buildings may be reduced at garages to a minimum of 0'where attached garages are provided,and minimum,if detached. • 2. Alexis V. Crespo, AICP, LIED AP Principal Planner • wM DR P ir iiiENGINEERING "4.4z 044'49.44 f k4454 4,4,41444,0C. 4.44464W44/4 4t.,14.44444up,of Direct:E:alexisc @waldropenxineerine.com ) C:(239)850-8525 Office:P:(239)405-7777 I F:(239)405-7899 www.waldropenxineering.com NOTICE: Upon receipt of any electronic file/data from Waldrop Engineering,P.A.,you are agreeing to the following: This file/data is for informational purposes only. It is the responsibility of the recipient to reconcile this electronic file/data with the actual project site conditions. Recipient agrees to indemnify and hold harmless Waldrop Engineering,P.A.for any defects or errors In this file/data. Under Florida t aw 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 the office by telephone or in writing. • i I S i HACIENDA LAKES MPUD/DRI INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) PDI-PL20140002801 • • • CURRENT MPUD PLAN • • • Exhibit C — . .,..,„ -.. • ,..•!i, i ...g ....; . : ,,..,. ..-=:--:„...----7—., • . ...._,...„,-.---, „-if— I--14 gi t • A;''''' '''' il'AI -.1 .. « h '.PI 11 1 , t. 2 Al AS II .:.!.`ttAkt4.,,,-....f.p::',Ir.: . - . i ii I.- $ I s1:7".: 1 ,4;-. 4 41.." 1 - 1 t 7 z i ..,i- tt, .,, ,o 1,-0 1. „, , ,A. , 1 ipitmrs' if YR::ii • iv, ,-., 5i, I i mi 1 - ,,... ii) 1 3A- - a ? , u, I ! .3 21 4 f 41” . ' .." kirrriPC:-'4-"t . • i qx 'rti : 1 leg , ,c_ zt, . -.--,,...... _aln 1 PI 1 .Fr ' Ili I 1 11 II .17\ 9. , Cr 1.,.....+ h r .1. I! 11' i . all .11- i d, I ii '4 ' , le, -. 1, ,11. 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MASTER PLAN HACIENDA LAKES MPUD/DRI INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) PDI-PL20140002801 PUD DOCUMENT WITH CHANGES CROSSED THROUGH & UNDERLINED • ( EXHIBIT B) • TABLE I • RESIDENTIAL DEVELOPMENT STANDARDS ***************** General application of setbacks: Front yard setbacks shall comply with the following: 1. If the parcel is served by a public or private road right-of-way,the setback is measured from the adjacent right-of-way line. ii. If the parcel is served by a non-platted private drive,the setback is measured from the back of curb or edge of pavement. hi. For corner lots,only one(1)front yard setback shall be required.The yard that does not contain the driveway/vehicular access to the residence shall provide 10' setback.This setback applies only to the Esplanade at Hacienda Lakes property,as depicted on Exhibit B-1,attached hereto. At time of platting,intersections subject to the secondary front yard setback shall demonstrate compliance with sight distance triangles as set forth in LDC Section 6.06.05. Notes: I) Structures adjacent to a lake may have no setback from the lake maintenance easement. 2) Entrance features(i.e.: guard house,clock towers and colonnades)are limited in height to no greater than 35 feet in actual height. 3) Two or three story multi-family structures may have terraced setbacks.Terraced setbacks shall be measured from the ground floor exterior wall,as long as a minimum 15-foot building wall setback is provided as depicted in Figure 1 below. 4) For all residential units,garages shall be located a minimum of 23 feet from the back of the sidewalk closest to the garage,except for side loaded garages,wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to prevent vehicles being parked across a portion,or all of the referenced sidewalk. 5) No residential buildings greater than 50 feet in actual height shall be permitted west of the Florida Power and Light easement. • Hacienda Lakes MPUD Words soh are deleted; Last Revised:January 12,2015 Words underlined are added • HACIENDA LAKES MPUD/DRI INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) PDI-PL20140002801 • PUD DOCUMENT AS REVISED WITH AMENDED TITLE PAGE WITH ORDINANCE # • 1 • ! ..•• • Hacienda Lakes MPUD Amend Ordinance 11-41 The"Table 1 Residential Development Standards,"under Exhibit B, "Development Standards"of the PUD Document attached to Ordinance No. 1 1-41, the Hacienda Lakes MPUD, is hereby amended as attached hereto and incorporated by reference herein. Exhibit B-1, "Esplanade at Hacienda Lakes Project Location Map,"attached hereto and incorporated by reference herein, is hereby added to the PUD Document attached to Ordinance No. 11-41,the Hacienda Lakes MPUD. • • HACIENDA LAKES MPUD/DRI INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) PDI-PL20140002801 1 1 RECORDED WARRANTY DEED • 1 • • 1 INSTR 4859584 OR 4938 PG 2433 RECORDED 6/28/2013 4:09 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $139,545.00 REC $44.00 CONS $19,935,000.00 This Instrument Prepared By: Harold 3.Webrc,Esquire COLEMAN,YOVANOVICH&KOESTER,P.A. 4001 Tamiami Trail N.,Suite 300 Naples,FL 34103 (239)435-3535 Grantee's TIN: 59-2179728 Consideration: $19,935,000.00 Note to recorder. Documentary stamp taxes in the amount of S139,545.00 are being paid on S19,935,000.00 consideration in connection with this Deed as required pursuant to Section 201.02,Florida Statutes SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this 28th day of June, 2013, between Hacienda Lakes of Naples,LLC,a Florida limited liability company("Grantor"),and Taylor Morrison of Florida, Inc., a Florida,corwi*ta.("Grantee"), whose address is 551 N. Cattlemen Road,Suite 200,Sarasota,F The Grantor,in consideration of the sum of TEN AND NO/100 DOLLARS($10.00)and other good and valuable considerations to said Grantor�u hand paid by the Grantee,the receipt of which is hereby acknowledged,has granted,bargained and sold to the said Grantee and Grantee's • successors and assigns forever, the described 'property, situated, lying and being in Collier County,Florida,to wit:, See Exhibit"A"attached hereto and incorporated herein by reference SUBJECT TO (a) ad valorem and non ad valorem,real property taxes for 2013 and subsequent years; (b)zoning,building code;and otlter use restrictions imposed by governmental authority; (c) matters of record as set forth'on Exhibit "B" attached hereto and incorporated herein by reference; and (d) all post-closing obligations and payments required of Grantee as more particularly described in that certain Agreement for Purchase and Sale between Grantor and Grantee dated July 18,2012,as amended,including: (i) Grantee's obligation to remit payment to Grantor upon funding from Hacienda Lakes Community Development District; (ii) Grantee's obligation to first purchase from Grantor any available impact fee credits; (iii) Grantee's obligation to reimburse Grantor for costs associated with Grantor's construction of a master lift station and force main;and (iv) Grantee's compliance with drainage,construction and other development obligations and responsibilities. • And said Grantor does hereby fully warrant the title to said property,and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but none other. Special warranty Deed Page No I of 2 OR 4938 PG 2434 S THE HACIENDA LAKES COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS,OR BOTH TAXES AND ASSESSMENTS,ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES • AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW. IN WITNESS WHEREOF, Grantor has executed and delivered this Special Warranty Deed the day and year first above written. Signed,sealed and delivered in our presence: , Hacienda Lakes of Naples,LLC,a Florida lira' ed 'abili co 1: :. y r-da Al Witness •Vita David E. orres,its . r FA, \) .. -4, c....r,Witrz I -Panted N , ' 2—Si nature Witness 2-Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on thisal Y'2 y of June, 2013, by David E. Torres, as Manager of Hacienda Lakes of Naples, LLC, a rida limited liability o span , who is personally known to me or who has produced /��2 as identification. .c` `,'c"�°;.,. '�otary Pub is sign ture ?'';a-P a Print Iti e: (SEAL) F. 1, 'ea41 ?g, Special Warranty Deed I Page No,2 of 2 i , OR 4938 PG 2435 • Exhibit"A" HACIENDA LAKES OF NAPLES TRACT A A TRACT OR PARCEL OF LAND SITUATED IN SECTION 23,TOWNSHIP 50 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA,BEING BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE 4 INCH SQUARE CONCRETE MONUMENT REFERENCED IN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CERTIFIED CORNER RECORD NUMBER 84343 MARKING THE EAST ONE QUARTER CORNER OF SECTION 23,TOWNSHIP 50 SOUTH,RANGE 26 EAST; THENCE ALONG THE EAST-WEST ONE QUARTER SECTION LINE OF SAID SECTION 23,SAID LINE BEING THE BASIS OF I3E.4INGKEOR,THIS DESCRIPTION, S.89°01'58"W.,FOR 30.03 FEET TO-AA;POINT ON THEPt URE WESTERLY RIGHT OF WAY LINE OF BENFIELD ROAD-AND THE POINT OF'EEOINNING OF THE HEREIN DESCRIBED PARCEL; 411 THENCE CONTINUING ALONG SAID EAST-WEST ONE.QUARTER SECTION LINE, S.8900I'58"W.,FOR 1,298.48 FEET TO T 5/8"IRON ROD WITH CAP LB 6990 MARKING THE NORTHEAST CORNER OF THE NORTHWEST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 21 THENCE ALONG THE EAST, SOUTH AND WEST LINES OF THE NORTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SOUTHEAST ONE QUARTER THE FOLLOWING THREE(3)COURSES: 1. THENCE S.01°18'52"W.,FOR 679.65 FEET TO A 5/8"IRON ROD WITH CAP LB 6990 MARKING THE SOUTHEAST CORNER OF SAID NORTHWEST ONE QUARTER; 2. THENCE S.89°22'00"W.,FOR 663.28 FEET TO A 5/8"IRON ROD WITH CAP LB 6990 MARKING THE SOUTHWEST CORNER OF SAID NORTHWEST ONE QUARTER; 3. THENCE N.01°14'38"E.,FOR 675.75 FEET TO A 5/8" IRON ROD WITH CAP LB 6990 MARKING THE NORTHWEST CORNER OF SAID NORTHWEST ONE QUARTER AND A POINT ON SAID EAST-WEST ONE QUARTER SECTION LINE; THENCE ALONG SAID EAST-WEST ONE QUARTER SECTION LINE S.89°01'58"W., FOR 664.25 FEET TO A 5/8"IRON ROD WITH CAP LB 6990 MARKING THE CENTER OF SAID SECTION 23; THENCE CONTINUING ALONG SAID EAST-WEST ONE QUARTER SECTION LINE S.89°01'58"W.,FOR 627.16 FEET TO A 5/8"IRON ROD MARKING THE SOUTHWEST CORNER OF THE EAST ONE HALF OF THE EAST ONE HALF OF THE NORTHWEST ONE QUARTER OF SAID SECTION 23; THENCE ALONG THE WEST LINE OF SAID EAST HALF N.01°01'15"E.,FOR 1,699.99 • FEET TO A 5/8"IRON ROD; THENCE S.88°58'45"E.,FOR 445.48 FEET; OR 4938 PG 2436 S THENCE N.01°01'15"E.,FOR 400.00 FEET; THENCE S.88°58'45"E.,FOR 151.77 FEET; THENCE N.01°01'15"E.,FOR 457.04 FEET TO A POINT ON THE FUTURE SOUTHERLY RIGHT OF WAY LINE FOR RATTLESNAKE HAMMOCK ROAD EXTENSION AND A POINT ON A CURVE; THENCE ALONG SAID FUTURE SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING SIX(6)COURSES: 1. THENCE EASTERLY 268.58 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 949.00 FEET THROUGH A CENTRAL ANGLE OF 16°12'55"AND BEING SUBTENDED BY A CHORD WHICH BEARS N.82°44'27"E.FOR 267.68 FEET TO A POINT OF REVERSE CURVATURE; 2. THENCE EASTERLY 297.08 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 600.00 FEET THROUGH A CENTRAL ANGLE OF 28°22'07"AND BEING SUBTENDED BY A CHORD WHICH BEARS N.88°49'03"E.FOR 294.05 FEET TO A POINT OF COMPOUND CURVATIIJRE; 3. THENCE EASTERLY 211.21 FE,4 ALONG THEC'OF A COMPOUND CURVE TO THE RIGHT HAVING A RADIOS-6F 1,040.00 FEET THROUGH A CENTRAL ANGLE OF 11°38'09"AND BEING SUBTENDED�BY A CHORD WHICH BEARS S.71°10'49"E.FOR 210.84 FEET TO A POINT OF REVERSE.CURVATURE;, 4. THENCE EASTERLY 546.89,FEET ALONG THE ARC OF A REVERSE CURVE TO `I"HE LEFT HAVING A RADIUS OF 1,160.00 FEET THROUGH A CFNTRAL ANGLE OF • 27°00'44"AND BEING SUBTENDED BY A CHORD WHICH HEARS S.78°52'07"E.FOR 541.84 FEET; 5. THENCE N.87 97'31"E.,FOR 48,21 FEET TO A POINT OF CURVATURE; 6. THENCE SOUTHEASTERLY 79.37 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 90°57'22"AND BEING SUBTENDED BY A CHORD WHICH BEARS S.46°53'48"E.FOR 71.30 FEET TO A POINT ON THE FUTURE WESTERLY RIGHT OF WAY LINE OF BENFIELD ROAD AND A POINT OF REVERSE CURVATURE; THENCE ALONG SAID FUTURE WESTERLY RIGHT OF WAY LINE THE FOLLOWING FOUR(4)COURSES: 1. THENCE SOUTHEASTERLY 955.48 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 1,160.00 FEET THROUGH A CENTRAL ANGLE OF 47°11'39"AND BEING SUBTENDED BY A CHORD WHICH BEARS S.25°00'56"E. FOR 928.70 FEET; 2. THENCE S.48°36'46"E.,FOR 641.57 FEET TO A POINT OF CURVATURE; 3. THENCE SOUTHEASTERLY 909.05 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 1,040.00 FEET THROUGH A CENTRAL ANGLE OF 50°04'53"AND BEING SUBTENDED BY A CHORD WHICH BEARS S.23°34'19"E.FOR 880.38 FEET; 4. THENCE S.01°28'07"W.,FOR 239.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. *** OR 4938 PG 2437 *** S Exhibit"B" 1. Roadway easement reserved in deed recorded in O.R.Book 289,Page 568. 2. Use restriction affecting subject land, set forth in deed from Everglades Sporting Clays Association,Inc.to Team Synervision of Naples,Inc. recorded in O.R. Book 2590, Page 2071. 3. Use restrictions contained in deed from Vision & Faith, Inc. to Collier HMA, Inc. recorded in O.R.Book 3241,Page 3460. 4. Environmental Resource Permit Notice by South Florida Water Management District recorded in O.R.Book 3845,Page 2681. 5. Construction of Improvements,Cniferalkin and Easement Agreement recorded in O.R. Book 4524,Page 215,as amendi4 and restated In.(YR.Book 4819,Page 3099. 6. Notice of Surface Water Management Permit-by the South,Florida Water Management District recorded in O.R.Bonk 4.7,65,' 'age;:504 7. Ordinance 75-20 (water) recorded-.m O.R. look 619, Page 1177 and Ordinance 75-2I (trees)recorded in O.R Book 619,Page 1182.' t 8. Collier County Ordinance No 90-87 establishing a regional sewer system and providing for impact fees. 9. Notice of Department of the Army Permit recorded in O.R.Book 4845,Page 2209. 10. Notice of Establishment of Hacienda Lakes Community Development District recorded in O.R.Book 4852,Page 1137. 11. Declaration of Consent to Jurisdiction of Hacienda Lakes Community Development District and to Imposition of Special Assessments recorded in O.R. Book 4928, Page 3894. 12. Collateral Assignment and Assumption of Development and Contract Rights Relating to Hacienda Lakes Recorded in O.R.Book 4928,Page 3907. 13. Terms and provisions of Temporary Ingress and Egress Easement granted by Hacienda Lakes of Naples,LLC to Taylor Morrison of Florida,Inc.recorded of even date herewith. • All of the recording information contained above refers to the Public Records of Collier County, Florida. .............. .... ..... HACIENDA LAKES MPUD/DRI INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) PDI-PL20140002801 • PUD PLAT BOOK PAGES I ',. .4r s: ,,,..•z:: it::;:4 I i '. :-4' .',-4,4:• ' :I!'4 !!,!. ':"A'',41 ii,.! ,,.... 4-t41 4. f<4 A :''.'1": 4,T4 ...: ''.1.5.ii;•",?: .0 44',.!'4,..'!:•''':. 4:•:' :::.'.,:'..4. ...i ,.... V %I' 'i. ' '.:,7:—:f' 1 t 't .z,„:4-,',, ,s,1„.t,-ri', „,;•,' '.!:-!! :.:,=c.,,,I, 4.4L1' Ni'',' „ r,l',' , I G: ::. ''''''' ;,444- ;:,•'-", ,. . -,4.."?'': ...:4..:.4 :;, ... 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V41 1 «�M •# V k l.J i s si t - i`*.. i7 V ''♦`ice �. w. # l r ,Ri ,w, b' & ' f \ fir ztw. d i ZZ''�� t !I Ct y, .orb fd'.. CA LJ� r * §1 0 L 1 I HACIENDA LAKES MPUD/DRI INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) PDI-PL20140002801 • LIST IDENTIFYING OWNER & ALL PARTIES OF CORPORTATION • • EXHIBIT"A" DISCLOSURE OF INTEREST NAME&ADDRESS PERCENTAGE TAYLOR MORRISON OF FLORIDA, INC. 100% Steve Kempton,Vice President 501 Cattleman Rd., Suite 100 Sarasota, FL 34232 Naples, FL 34109 Notes: Taylor Morrison of Florida, Inc.,a Florida corporation, is owned 100%by Taylor Morrison, Inc.,a Delaware corporation. Taylor Morrison, Inc. is owned 99.888%by Taylor Morrison Communities, Inc. fka Taylor Woodrow Holdings(USA), Inc.and the remainder is owned by Aylesbury(USA), LLC,a • Delaware limited liability company. Taylor Morrison Communities, Inc. is owned 100%by Taylor Morrison Holdings, Inc. fka Aylesbury Acquisition Parent, Inc., a Delaware corporation. Taylor Morrison Holdings, Inc. is owned 100%by TMM Holdings Limited Partnership,a British Columbia limited partnership. TMM Holdings Limited Partnership,a British Columbia limited partnership, is owned by investment funds managed by Oak Tree Capital,TPG Capital and JHI Investments. • HACIENDA LAKES MPUD/DRI INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) PDI-PL20140002801 • AFFIDAVIT OF AUTHORIZATION • AFFIDAVIT OF AUTHORIZATION • FOR PETITION NUMBERS(S) 1 John Asher (print name),as Authurized Agent (title,if applicable)of Taylor.Munition of Florida.Inc. (company, If applicable),swear or affirm under oath,that I am the(choose one)owner ✓ appiicantncontract purchaser and that: 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Waldrop Engineering do Alexis Crespo to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is corporation, then it is usually executed by the corp.pres.or v.pres. • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company(L.C.), then the documents should typically be signed by the Company's"Managing Member." • if the applicant is a partnership,then typically a partner can sign on behalf of the partnership. • if the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words"as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. 1\\. /2/2/4/ Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to(or affirmed)and subscribed before me on (date)by ad/LA he, (name of person providing oath or affirmation), as dr • who is personally known to me or who has produced (type of identification)as *t-ntification, STAMP/SEAL /2 • fL1td4 t L WOOdWa►� �.r.,, f � r a Signature of Notary Public` ��ar ru CANDACE WOODWORTH * .�t�}: * MY COMMISSION i FF 175934 EXPIRES:November 13,2018 r?TFOF Ftpq? Baled bra Budge(Notary Service • ('M08-(OA-BB 1 15\15.5 Ri'.V 3/2114 HACIENDA LAKES MPUD/DRI INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) PDI-PL20140002801 • APPROVED COMPLETED ADDRESSING CHECKLIST 1 copy • CA;; County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CH ST Please complete the following and email to GMD_Addressing @colliergov.net or fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must 1 be signed by Addressing personnel prior to pre-application meeting. please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) ❑ SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) D OTHER PDI LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) 23 50 26 THAT PORTION OF SEC 23 AS DESC IN OR 4938 PG 2433 FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with,legal description if more than one) Please see attached list of Folios. 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# PL20120002539 .............. Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in,condominium documents Of application; indicate whether proposed or existing) Hacienda Lakes MPUD/DRI r - Please Return Approved Checklist By: O Email ❑ Fax ❑ Personally picked up Applicant Name: Lindsay Rodriguez Phone: 239-405-7777 Email/Fax: lindsay.rodriguez @waldropengineering.com 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 Folio Number See attached Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: ., Date: 12-15-2014 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED ., u • • • • • 1 I 4 !'N:N ,N;NIc.N N+N c'Nir4 Nr4 : , N N N . 0 (4 N N: . •N.N NN N N N N N N N N• 4110 . p Q OOOO. 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I I j • ik .1 'I . 1 41 i 1 I 1 11110 , HACIENDA LAKES MPUD/DRI INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) PDI-PL20140002801 • i ORDINANCE NO. 11-41 ,••• • [( I S ORDINANCE NO. 11- 41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE AGRICULTURAL (A) AGRICULTURAL-SPECIAL TREATMENT OVERLAY (A-ST) AND PUD ZONING DISTRICT (SWAMP BUGGY DAYS PUD) TO THE MIXED USE PLANNED UNIT 7 DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE HACIENDA LAKES MPUD THAT WILL ALLOW A ` MAXIMUM OF 327,500 SQUARE FEET OF GROSS RETAIL - COMMERCIAL FLOOR AREA; 70,000 GROSS SQUARE FEET OF PROFESSIONAL AND MEDICAL OFFICE SPACE INCLUDING A CONVERSION OF RETAIL USE TO PROFESSIONAL AND MEDICAL OFFICE; 135 HOTEL ROOMS INCLUDING A CONVERSION TO BUSINESS PARK; 140,000 GROSS SQUARE FEET OF BUSINESS PARK OR EDUCATION FACILITY; A PUBLIC SCHOOL; CONTINUATION OF EXISTING "SWAMP BUGGY" • ATTRACTION AND "JUNIOR DEPUTY" PASSIVE RECREATION; AND A MAXIMUM OF 1,760 RESIDENTIAL DWELLING UNITS INCLUDING CONVERSIONS TO RECREATIONAI. VEHICLE PARK AND SENIOR HOUSING FOR INDEPENDENT LIVING, ASSISTED LIVING AND NURSING CARE. THE SUBJECT PROPERTY, CONSISTING OF 2,262 +1- ACRES IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951) AT THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE-HAMMOCK ROAD AND NORTH AND SOUTH OF SABAL PALM ROAD IN SECTIONS 11, 12, 13, 14,23,24 AND 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR REPEAL., OF ORDINANCE NUMBER 84-26 FOR SWAMP BUGGY GROUNDS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau of RWA. Inc.. Robert Muihere of Mulhere and Associates and Richard D. Yovanovich, Esquire of Coleman. Yovanovich & Koester. P.A., representing Hacienda Lakes of Naples. I EK'. petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. Hacienda Lakes of Naples LLC PUDZ-2006-AR-10146 Page I n}3 BCC Approved 10125'11 1. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY • COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Sections 11, 12, 13, 14, 23, 24 and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida, is changed from the Agricultural (A), Agricultural-Special Treatment Overlay (A-ST) and PUD zoning district (Swamp Buggy Days PUD) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the 2,262 +/- acre project to be known as the Hacienda Lakes MPUD, to allow a maximum of 327,500 square feet of gross retail commercial floor area; 70,000 gross square feet of professional and medical office space; 135 hotel rooms; 140,000 gross square feet of business park or education facility; continuation of existing "swamp buggy" attraction and "Junior Deputy" passive recreation; and a maximum of 1,760 residential dwelling units in accordance with the Hacienda Lakes MPUD Document, attached hereto as Exhibits "A" through "G" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance No. 84-26, the Swamp Buggy PUD, is hereby repealed. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County,Florida, this 25th day of October, 2011. ATTEST: rtv rr_ BOARD OF COUNTY COMMISSIONERS DWIG i-V,BROCII4WLERK COLLIER COUNTY, FLORIDA ..► By: bpi • ;r ';rk FRED W. COYLE, Ch ` an } • acten a a s, ,esLt.(. PUDZ-2006-AR-10 t 4&' Page 2 of 3 BCC Approved I0/25111 • Approved as to form and legal sufficiency: • Otk f �-_ 0 Heidi Ashton-Cicko Assistant County Attorney Section Chief, Land Use/Transportation Attachments: Exhibit A—Permitted Uses Exhibit B—Development Standards Exhibit C—Master Plan Exhibit D —Legal Description Exhibit E- List of Requested Deviations Exhibit F- List of Owner Commitments Exhibit G—Master Use and Conversion List • CP\10-CPS-0 102411 1 8 This ordinarir rc Secretary of 't C to stday ©fY �471t ond acknowledgeme pf that filing received this day DENtV • Hacienda Lakes of Naples LLC PUDZ-2006-AR-10146 Page 3 of 3 BCC Approved 10/25/1 1 EXHIBIT A PERMITTED USES PROJECT LAND USE TRACTS TRACT TYPE UNITS. ACREAGE- TRACT"R" RESIDENTIAL 1,714 447.86 TRACT"R/MU" RESIDENTIAL/MEDICAL USE 25 min.* 38.82 TRACT"BP" BUSINESS PARK 1 35.38 TRACT"C" COMMERCIAL 17 min.* 34.16 TRACT"A" ATTRACTION 1 47.27 TRACT"P" PRESERVE 0 1,544.14 TRACT"PF" PUBLIC FACILITY 0 1.33 TRACT"JD" JUNIOR DEPUTY 2 21.62 TRACT"ROW" PUBLIC RIGHT-OF-WAY 0 72.01 TRACT"S" SCHOOL 0 19.55 Total 1,760 2262.14 *: Denotes the minimum number of dwelling units that must be constructed in the associated land use tract. Given that Tract C may generate up to 55 residential dwelling units, thirty (30%) percent of those residential units (17 units) must be constructed in Tract C. Tract R/MU is required by this document to have no less than 25 residential dwelling units constructed within that Tract. The balance of the residential dwelling units generated from Tract C(13 units)must be constructed in either the R/MU Tract, or on a portion of Tract R,within one-third of one mile of the boundary of Tract C. GENERAL PERMITTED LAND USES • Streets, alleys, water management facilities and structures, utilities and other infrastructure improvements are generally permitted anywhere within this MPUD except for in the P, Preserve Tract. II TRACT"R",RESIDENTIAL PERMITTED USES: Up to 1,760 residential units consisting of single family units and multi-family units are permitted in the entire PUD. No more than 1,232 units in the entire PUD shall be multi-family,as defined in the LDC. Residential units may be converted to senior housing units or recreational vehicle(RV) units, where permitted, in accordance with the Land Use Conversion Factors in Exhibit B. Upon conversion, the residential units shall be reduced according to the Land Use Conversion Factors in Exhibit B. Developer and County shall each maintain a master list of converted uses for this PUD. No building or structure,or part thereof,shall be erected,altered or used,or land used, in whole or in part,for other than the following: A. Principal Uses: 1. Single family detached dwellings; 2. Zero lot line,detached dwellings; 3. Two-family and duplex dwellings; 4. Single family attached dwellings, (including townhouses intended for fee simple • conveyance including the platted lot associated with the residence); Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 1 of 51 • 5. Multi-family dwellings; 6. Senior housing for persons over age 55, limited to independent living facilities, assisted living facilities, skilled nursing facilities, and continuing care retirement communities. Senior housing facilities shall not be considered residential land uses for the purposes of density, but shall be derived from conversion from residential units in accordance with the Land Use Conversion Factors in Exhibit B. These land uses shall be developed in accordance the development standards set forth in Table II of Exhibit B. In no instance shall greater than 450 senior housing units be developed in the entire MPUD; 7. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the BZA, by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Accessory uses and structures customarily associated with principal uses permitted in this land use tract, including swimming pools, spas, docks, boat houses, and screen enclosures, recreational facilities designed to serve the development; • 2. Model homes and model home centers including offices for project administration, construction, sales and marketing, apartment rental, as well as resale and rental of units within the MPUD in perpetuity(group 6531); 3. Recreational facilities and structures to serve the PUD, including clubhouses, health and fitness facilities, pools, meeting rooms, community buildings, boardwalks, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve the residents of the PUD and their guests; 4. Horse stables and related equestrian facilities to serve the PUD that complement the MPUD's proximity to the Picayune Strand State Forest may be allowed on residential lands lying east of the proposed north/south public roadway, subject to applicable permitting. This private, non-commercial, accessory use is intended for stabling for residents of the PUD. Horse racing, dressage, or horse jumping events open to the public are prohibited; 5. Private stables on single-family lots greater than 43,560 square feet in lot area, on residential lands lying east of the proposed north/south public roadway are permitted to allow one horse for each 21,780 square feet of lot area; 6. Horse trails. III TRACT"RV": Up to 290 RV units are allowed only if residential units are converted to RV in accordance with the Land Use Conversion Factors in Exhibit B. No building or structure, or part thereof, shall be erected,altered or used,or land used, in whole or part,other than the following: • Hacienda Lakes,PUDZ-2006-AR-10146 • BCC Approved 10/25/11 Page 2 of 51 .............................. S A. Principal Uses: 1. Recreational vehicle parks(Group 7033,recreational vehicle parks only), subject to the criteria contained in Exhibit B, and only in the location depicted on Exhibit C. In no instance shall greater than 290 Recreational Vehicle units be developed in the entire MPUD. Except as provided herein, the RV District shall comply with the Land Development Code(LDC)including Sections 2.03.03.F and 5.5.10. B. Accessory Uses: 1. Accessory uses and structures customarily associated with principal uses permitted in this land use tract, including swimming pools, spas, docks, boat houses, and screen enclosures,recreational facilities designed to serve the development; 2. Recreational facilities and structures to serve the PUD, including clubhouses, health and fitness facilities, pools, meeting rooms, community buildings, boardwalks, playgrounds,playfields,tennis courts,and similar uses intended to exclusively serve the residents of the PUD and their guests; IV TRACT"R/MU",RESIDENTIAL/MEDICAL USE PERMITTED USES: Up to 1,760 residential units consisting of single family units and multi-family units are permitted in the entire PUD. No more than 1,232 units in the entire PUD shall be multi-family as defined in the 41) LDC. The residential units may be converted to senior housing units, where permitted, in accordance with the Land Use Conversion Factors in Exhibit B. Upon conversion, the residential units shall be reduced according to the Land Use Conversion Factors in Exhibit B. Up to 50,000 square feet of gross floor arca of medical office related land uses are also allowed in this tract, less up to 50,000 square feet of gross floor area of medical related office land uses approved by plat or SDP in Tract C. Developer and County shall each maintain a master list of converted uses for this PUD. No building or structure, or part thereof, shall be erected, altered or uses,or and used, in whole or in part,for other than the following: A. Principal Uses: 1. Single family detached dwellings; 2. Zero lot line,detached dwellings; 3. Two-family and duplex dwellings; 4. Single family attached dwellings, (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 5. Multi-family dwellings; 6. Senior housing for persons over age 55, limited to independent living facilities, assisted living facilities, skilled nursing facilities, and continuing care retirement 410 communities. Senior housing facilities shall not be considered residential land uses Hacienda Lakes, PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 3 of 51 1 for the purposes of density, but shall be derived from conversion from residential units in accordance with the Land Use Conversion Factors in Exhibit B. These land uses shall be developed in accordance the development standards set forth in Table 11 of Exhibit B In no instance shall greater than 450 senior housing units be developed in the entire MAUD. 7. Drug Stores and Proprietary Stores (Group 5912). If this retail use is developed in the R/MU Tract then the square footage of gross floor area of this retail use shall reduce the square footage of gross floor area of retail uses permitted in Tract C.; 8. Health Services,(Groups 8011-8049, 8071-8072,8082,and 8092-8099); 9. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses,as determined by the Board of Zoning Appeals("BZA")by the process outlined in the LDC. B. Accessory Uses: I. Accessory uses and structures customarily associated with principal uses permitted • in this land use tract, including swimming pools, spas, docks, boat houses, and screen enclosures,recreational facilities designed to serve the development; 2. Model homes and model home centers including offices for project administration, • construction,sales and marketing; • 3. Recreational facilities and structures to serve the PUD including clubhouses, health and fitness facilities, pools, meeting rooms, community buildings, boardwalks, playgrounds, playfields,tennis courts,and similar uses intended to exclusively serve the residents of the PUD and their guests. V TRACT"BP"BUSINESS PARK PERMITTED USES: Up to 140,000 square feet of gross floor area of business park land uses, and a hotel of up to 135 rooms capped at 92,000 square feet of gross floor area if a hotel is not developed in Tract C. However, if owner elects not to build a hotel on Tract C or BP, then the square footage limitation of business park land uses could be exceeded if a hotel conversion to business park of up to 60,000 square feet of gross floor area is used based on the land use conversions in Exhibit B. In place of the business park and hotel land uses,a school may be developed. If a hotel is constructed on Tract C or BP, based on an approved plat or SDP,then the hotel conversion shall terminate. Tract "BP" is located directly north of the Attraction Tract that accommodates the Swamp Buggy land uses and facilities. This acreage is meant to provide for a transition from the Attraction land uses to the Residential Tract and intended land uses further north. This Tract shall be permitted to be developed for either a business park or a school. If the Tract is developed as a school, only those uses permitted in Section Xl below shall be allowed. Should the 35.38 acre tract be proposed for development as a business park, no building or structure, or part thereof, shall be erected, altered or used,or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Apparel and other finished products(groups 2311-2399); Hacienda Lakes,PUDZ-2006-AR-10 146 BCC Approved 10/25/11 Page 4 of 51 2. Building construction(groups 1521-1542); 4110 3. Business services(group 7311); 4. Communications (groups 4812-4899, including communication towers limited in height to 100 feet); 5. Construction: Special trade contractors(groups 1711-1799); 6. Depository and non-depository institutions(groups 6081,6082); 7. Drugs and medicines(groups 2833-2836); 8. Eating places (group 5812, not including fast foods, walk-up windows and drive- thru restaurants); 9. Educational services(groups 8221-8299); 10. Electronics and other electrical equipment manufacturing, indoor only(groups 3612- 3 699); 11. Engineering, accounting, research, management, and related services (groups 8711- 8748); 12. Food manufacturin g (groups rou s 2034 2038, 2053, 2064, 2066, 2068, 2096, 2098 2099); 13. Furniture and fixtures manufacturing(groups 251 1-2599); 14. Government offices/buildings (groups 9111-9222, 9224-9229, 9311, 9411-9451, 9511-9532,9611-9661); 15. Health services(groups 8011-8049); 16. Industrial and commercial machinery and computer equipment (groups 3524, 3546, 3571 -3579); 17. Industrial inorganic chemicals(groups 2833,and 2844); • 18. Job training and vocational rehabilitation services(group 8331); 19. Leather and leather products(groups 3131-3199); 20. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks manufacturing(groups 3812-3873); 21. Medical laboratories and research and rehabilitative centers (groups 8071, 8072, 8092, 8093); 22. Miscellaneous manufacturing industries(groups 3911-3999); 23. Motion picture production(groups 7812-7819); Hacienda Lakes, PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 5 of 51 • 24. Motor freight transportation and warehousing (group 4225, mini- and self- storage warehousing only),subject to the following criteria: i. The use of metal roll-up garage doors located on the exterior of the perimeter buildings and walls of buildings which are visible from a public right-of-way is prohibited;and ii. Access to individual units whether direct or non-direct must be from the side of the building that is oriented internally; iii.No building shall exceed 100 feet in length when adjacent to a residential tract within the MPUD; iv. No outdoor storage of any kind is permitted,and v. Storage units shall be utilized for storage purposes only. 25. Printing,publishing and allied industries(groups 2711-2796); 26. Rubber and miscellaneous plastic products(groups 3021,3052,3053); 27. Security/commodity brokers(group 6211); { 28. Transportation equipment(groups 3714,3716,3732,3751,3792,3799); 29. U.S. Postal Service(group 4311); 30. Wholesale trade durable goods (groups 5021, 5031, 5043-5049, 5063-5078, 5091, 411 5092, 5094-5099); 31. Wholesale trade non durable goods (5111-5153, 5181, 5182, 5191, except that wholesale distribution of chemicals,fertilizers, insecticides, and pesticides shall be a minimum of 500 feet from a residential tract within the MPUD,5192-5193); 32. Any other use which is comparable in nature with the foregoing list of permitted principal uses,as determined by the Board of Zoning Appeals. B. Limited Principal Uses: The following uses shall be limited to a maximum of 30 percent of the total acreage of the Business Park tract: 3. Business services (7312, 7313, 7319, 7331, 7334-7336, 7342, 7349, 7352, 7361, no labor pools, 7371-7384, 7389); 2. Child day care services(group 8351); 3. Depository and non-depository institutions (groups 6021-6062, 6091, 6099, 6111- 6163); 4. Drug stores (group 5912, limited to drug stores and pharmacies) in conjunction with health service groups and medical laboratories/research/rehabilitative groups; Hacienda Lakes, PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 6 of 51 5. Hotels (group 7011) up to 135 rooms, capped at 92,000 square feet of gross floor area if a hotel is not developed in Tract C. Hotel square footage does not reduce the • business park square footage cap. If the hotel conversion is applied to Tract BP,then a hotel is not permitted; 6. Membership organizations (group 8611); business associations (group 8621); professional organizations(8631); labor unions and similar labor organizations; 7. Personal services(groups 7215-7231, 7241); 8. Physical fitness facilities and bowling centers(groups 7991, 7933); 9. Professional offices; insurance agencies (group 6411); insurance carriers (groups 6311-6399); real estate (6531, 6541, 6552, 6553); holding and other investment offices(groups 6712-6799);attorneys(group 81 1 1); 10. Travel agencies(group 4724). C. Uses Accessory to Principal and Limited Uses: 1. Uses and structures that are accessory and incidental to uses permitted as of right; 2. One (1) caretaker's residence within Tract BP, Business Park Tract, subject to the following: i. The residence shall be constructed as an integral part of the principal structure and shall be entered from within the principal structure. Exits required to comply with fire code shall be permitted; ii. The caretaker's residence shall be an accessory use and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the principal structure; iii.Off-street parking shall be as required for a single-family residence. 3. For primary business park uses, retail sales and/or display areas as accessory to the principal uses shall not exceed an area greater than 20 percent of the gross floor area of the permitted principal use and is further subject to retail standards for landscaping, parking and open space. VI TRACT"C"COMMERCIAL PERMITTED USES: E � Up to 327,500 square feet of gross floor area of retail land uses and up to 70,000 square feet of gross 1 floor area of professional and medical office uses reduced by medical-related retail use square footages approved by SDP in Tract R/MU and reduced by up to 50,000 square feet of gross floor area of professional and medical office land use square footages approved by plat or SDP in Tract i R/MU. The 70,000 square feet of professional and medical office may be exceeded if the retail land uses are converted to office thereby reducing the retail square footage, not to exceed 25% of the retail land use allocation. Additionally, a hotel of up to 135 rooms and up to 92,000 square feet of gross floor area shall be allowed in Tract C unless a hotel is developed within Tract BP or if the hotel use is converted to BP uses in Tract BP based on an approved plat or SDP. No building or structure,or part thereof, shall be erected, altered or used,or land used, in whole or in part, for other than the following: Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 7 of 51 • A. Principal Uses: 1. Single family attached dwellings, (including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 2. Multi-family dwellings; 3. Residential land uses integrated into commercial buildings with residential units located above commercial land uses to create a mixed-use building; 4. Accounting,auditing and bookkeeping services(group 8721); 5. Adjustment and collection services(group 7322); 6. Advertising agencies(group 7311); 7. Advertising—miscellaneous(group 7319); 8. Amusements and recreation services, indoor(groups 7911-7922, 7991, 7993, 7999, only billiard parlors, bingo parlors, martial arts and yoga instruction, bicycle and golf cart rentals); 9. Apparel and accessory stores with(groups 5611-5699); 10. Auto and home supply stores(groups 5211-5261,and 5531); • 1 1. Automotive dealers,not elsewhere classified(group 5599); 12. Automobile parking (group 7521), including garages-automobile parking, parking structures,no towing yards; 13. Automotive repair,services and parking(groups 7513—7533, 7536-7549); 14. Barber shops(group 7241),except barber schools; 15. Beauty shops(7231),except beauty schools; 16. Boat dealers(5551); 17. Bookkeeping services(8721); 18. Bowling centers, indoor(7933); 19. Building construction—General contractors(groups 1521 — 1542); 20. Building materials,hardware and garden supplies(groups 521 1-5261); 21. Business associations(group 8611); 22. Business consulting services(group 8748); • 23. Business credit institutions(groups 6153-6159); Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 8 of 51 24. Business services (groups 7311-7353, 7359, except labor contractors, 7371-7379, 7381 except armored car and dog rental, 7382-7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing,cloth cutting, cosmetic kits, cotton inspection, cotton sampler,drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, press clipping service, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, tape slitting, texture designers,textile folding,tobacco sheeting and window trimming service); 25. Cable and other pay television services(group 4841); 26. Senior housing for persons over age 55, limited to independent and assisted living facilities,continuing care retirement communities,and nursing homes. This housing is included in the retail square foot limitation and no greater than 450 senior housing units shall be developed in this entire MPUD; 27. Child day care services(8351); 28. Commercial printing(2752,excluding newspapers); 29. Civic, social and fraternal associations(group 8641); 30. Coin operated amusement devices,indoor(group 7993); 4110 31. Communications (groups 4812-4841) including communications towers up to specified height,subject to LDC Section 5.05.09; 32. Construction—special trade contractors(groups 1711 — 1793, 1796, 1799); 33. Dance studios,schools and halls(group 7911); 34. Drug stores(group 5912); 35. Depository institutions(groups 6011-6099); 36. Eating and drinking establishments (group 5812, and group 5813) excluding bottle clubs. Outdoor amplified sound is prohibited; 37. Educational services(groups 8221, 8222,8243—8249); 38. Engineering, accounting, research, management and related services (groups 8711- 8748); 39. Food stores(groups 5411-5499); 40. Gasoline service stations(group 5541 subject to LOC requirements); 4 I. General merchandise stores(groups 53I 1, 5331-5399); Hacienda Lakes, PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 9 of 51 • 42. Glass and glazing work(1793); 43. Health services(groups 8011-8049, 8051-8059, 8071-8072, 8082 and 8092-8099); 44. Home furniture,furnishing,and equipment(groups 5712-5736); 45. Hotels and motels(groups 701 1, 7021, and 7041)only if a hotel is not built in Tract BP and the hotel conversion is not applied to Tract BP; 46. Insurance carriers,agents and brokers(groups 6311-6399,6411); 47. Landscape architects,consulting and planning(group 0781); 48. Legal services(group 8111); 49. Libraries(group 8231); 50. Management and public relations services(groups 8741-8743,8748); 51. Membership organizations(8611-8699); 52. Membership sports and recreation clubs, indoor(group 7997); 53. Miscellaneous personal services(7291,7299,debt counseling only); 54. Miscellaneous repair services(groups 7622—7699); 55. Miscellaneous retail(groups 5912-5963, 5992-5999); 56. Motion picture theaters(group 7832); 57. Motorcycle dealers(group 5571); 58. Motor freight transportation and warehousing (group 4225 mini- and self-storage warehousing only); 59. Museums and art galleries(group 8412); 60. Non-depository credit institutions,and loan brokers(groups 61 1 1-6163); 61. ' Offices for engineering, architectural, and surveying services (groups 0781, 871 1- 8713); 62. Paint,glass and wallpaper stores(5231); 63. Passenger car leasing(group 7515); 64. Passenger car rental(group 7514); • Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 1025111 Page 10 of 51 65. Personal services (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only, I 7217, 7219, 7221-7251,no beauty or barber schools, 7261 except crematories, 7291, 7299, excluding massage parlors, escort services, steam baths, Turkish baths and tattoo parlors); 66. Photographic studios(7221); 67. Physical fitness facilities(7991); 68. Political organizations(group 8651); 69. Printing,publishing,and allied industries(groups 2711,2721); 70. Professional membership organizations(group 8621); 71. Public Administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661); 72. Public or private parks and playgrounds; 73. Public relations services(group 8743); 74. Radio,television,and consumer electronics stores(group 5731); 75. Radio and television broadcasting stations(groups 4832,and 4833); • 76. Real estate(group 6512,6531-6552); 77. Record and prerecorded tape stores (group 5735), excluding adult oriented rentals and sales; 78. Recreational vehicle dealers(group 5561); 79. Religious organizations(group 8661); 80. Research,development,and testing services(group 8731-8734); 81. Retail nurseries, lawn and garden supply stores(group 5261); 82. Security and commodity brokers, dealer, exchanges and services (groups 6211- 6289); 83. Theatrical producers and miscellaneous theatrical services, indoor (groups 7922- 7929); 84. Tour operators(group 4725); 85. Travel agencies(group 4724); 86. United States Postal Service(4311 except major distribution center); • Hacienda Lakes, PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 1 1 of 51 • 87. Veterinary services(groups 0742,0752 excluding outside kenneling); 88. Videotape rental(7841),excluding adult oriented rental and sales; 89. Vocational schools(groups 8243-8299); 90. Any other commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district as determined by the Board of Zoning Appeals. A. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage; 2. Eating/Picnic Area; 3. One(I)caretaker's residence within the C,Commercial Tract; 4. Child care,outdoor play areas. Where play areas are constructed as an accessory use to a permitted use,the following conditions shall apply: • a. A minimum five-foot, six-inch high reinforced fence shall be installed on all sides of the play area which are not open to the principal structure; b. Ingress to and egress from the play area shall be made only from the principal structure, however an emergency exit from the play area shall be provided which does not empty into the principal structure; c. The play equipment shall be set back a minimum distance of five feet from the required fence and from the principal structure. 5. Kiosks, that are small separate structures, often movable and open on one or more sides, used as a newsstand, vending stall, or other conveniences, Individual kiosks shall not to exceed 200 square feet.; VII TRACT"A"ATTRACTION PERMITTED USES: No building or structure,or part thereof, shall be erected,altered or used,or land used, in whole or in part,for other than the following: A. Principal Uses: I. "Swamp Buggy"race track(group 7948,swamp buggy track only); 2. County fair and similar expositions, including circuses, carnivals, and other • recreation/entertainment activities; Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 12 of 51 3. Exhibition hall/community center; • 4. Amateur soccer, softball, lacrosse, volleyball, football, and similar outdoor recreational sports and activities and shall not be limited in the number of occurrences; 5. Indoor target ranges, including archery; 6. Stock car, monster trucks, and motorized vehicle race track (group 7948, motorized vehicle race track only); 7. Motocross (including bicycle and motorcycle) race course (group 7948, motocross race course only); 8. Stadium, training,and practice facilities for professional baseball (group 7941).This use is allowed only if a Notice of Proposed Change or Substantial Deviation Application for Development Approval is processed in accordance with Section 380.06, F.S., or any successor statute, and the Hacienda Lakes DRI is amended. If state law changes such that DRI review or other state review is no longer required then this provision shall terminate; 9. Administrative offices and supportive service facilities; 10. Any other use or structure that is comparable in nature to the foregoing and that is approved by the Board of Zoning Appeals. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including,but not limited to: 1. Any accessory uses and structures that are incidental to and customarily associated with those uses permitted herein; 2. Onsite water management, utility,and service facilities; 3. Signs as permitted or required by the applicable Collier County Land Development Code at the time of application for construction permits; 4. Residential facilities(one(1)residential unit within the A,Attraction Tract)for housing of security personnel or caretakers whose work requires residence on the property; 5. Concessions,ticketing,bleachers,and other spectator-related facilities; 6. Picnicking and playground areas,as well as areas for camping that may be utilized only three days prior to,during,and three days after a major event weekend. C. Conditional Uses: 1. Fuel storage and related facilities. • Hacienda Lakes, PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 13 of 51 • VIII TRACT"P"PRESERVE PERMITTED USES: No building or structure,or part thereof,shall be erected,altered or used,or land used, in whole or in part, for other than the following: A. Principal Uses 1. Upland preserves; 2. Wetland preserves; B Accessory Uses and Structures Accessory uses and structures customarily associated with the permitted principal uses and structures,including,but not limited to: 1. Boardwalks,nature trails,horse trails, shelters,viewing platforms, educational signs,and information kiosks; 2. Water management structures; 3. Archaeological sites and associated research of said sites. • IX TRACT"PF"PUBLIC FACILITY PERMITTED USES: No building or structure, or part thereof, shall be erected,altered or used,or land used, in whole or in part,for other than the following: A. Principal Uses 1. Public safety facilities intended to provide emergency medical, ground transportation services. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including,but not limited to: 1. Parking facilities and signage; 2. Administrative offices and support service facilities; 3. Lighting or storm water management facilities and structures. X TRACT"JD"JUNIOR DEPUTY PERMITTED USES: No building or structure,or part thereof, shall be erected,altered or used,or land used, in whole or in • part, for other than the following: Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10125/11 Page 14 of 51 • • A. Principal Uses: 1. Open space and outdoor recreational uses, including, but not limited to hiking, biking,fishing, boating,camping,picnicking and nature trails; 2. Sporting and recreational camps; 3. Caretaker's residence, limited to two for the JD,Junior Deputy Tract. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Boardwalks, nature trails, shelters, pavilions, viewing piers, viewing platforms, educational signs, kiosks, and docks or platforms for launching and mooring or storage of non-motorized vessels utilizing movable storage racks; 2. Covered camping pavilion(s) (i.e.: concrete, or similar hard surface, that is roofed, and may,or may not be enclosed with screen/plastic sheeting, or walls),which may include kitchen/cooking facilities,office and restroom facilities; 3. Passive parks and passive recreational uses; 4. Pervious roads,driveways,and pervious and/or impervious parking facilities; S 5. Project identification and directional signage; 6. Water management structures; 7. Restrooms/bath houses; 8. Roofed or unroofed storage for maintenance and recreational equipment; 9. Fencing and security gates,which may include barbed wire; 10. Archery and air rifle range(s). XI TRACT"S"SCHOOLS PERMITTED USES: No building or structure,or part thereof, shall be erected, altered or used,or land used, in whole or in part,for other than the following: A. Principal Uses: I. Schools,public or private, including Educational Services(Group 82). • Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 15 of 51 • B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including,but not limited to: 1. Educational facilities; 2. Parking facilities and signage; 3. Administrative offices and support service facilities; 4. Lighting or storm water management facilities and structures; 5. Recreational facilities. XII SIGNS: A. Seven, on-premise, ground signs shall be permitted on property corners fronting on existing, proposed, or future public roadways as depicted and labeled"Boundary Marker"on Sheets 3 and 4 of the MPUD Master Plan Set. These ground signs shall be allowed in addition to other signage allowed by Section 5.06.00 of the LDC. Each of these permitted signs shall only contain the name of the project or any major use, insignia or motto of the entire development(See Exhibit E,Deviation#3). B. One real estate sign shall be permitted in the Commercial Tract for the purposes of marketing residential products within the MPUD. This additional real estate signage may be utilized by any of the developers of the residential communities within the MPUD (See Exhibit E,Deviation#6). C. The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock road and Collier Boulevard shall be allowed to remain until new signage can be permitted in Tract C.(See Exhibit E, Deviation#7) 4110 Hacienda Lakes, PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 16 of 51 EXHIBIT B • DEVELOPMENT STANDARDS GENERAL: Development of the Hacienda Lakes MPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. Conversion of residential land use types are provided for below which may be utilized to apportion units to senior housing or recreational vehicle units relative to the mix of residential land uses within this MPUD and their relation to public facility impacts. Table I below, sets forth the development standards for residential land uses within the MPUD, including residential land uses that are required to be developed in Tracts C and R/MU. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. Figures I thru 7 generally depict typical development standards for the various residential products. Table II below, sets forth the development standards for commercial land uses, senior housing units, and public facility land uses within the MPUD, however these standards do not apply to the Collier County School District public schools. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. 411 Table Ill below, sets forth the development standards for the business park land uses and school land uses within the MPUD, however these standards do not apply to the Collier County School District public schools. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. Table IV below, sets forth the development standards for the Attraction land uses and Junior Deputy passive recreation land uses within the MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. The facilities and improvements that are depicted on Exhibit C, the MPUD Master Plan shall be considered conceptual in nature. The design, location,and configuration of land improvements shall be defined at either site development plan,or construction plans and plat approval(s). Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. MAXIMUM DENSITY AND INTENSITY: Residential Density: This MPUD shall be limited to 1,760 residential dwelling units (du) that equates to a density of 0.78 dwelling units per gross acre. The 1,760 residential units are either single- or multi-family units as defined in the LDC. No more than 1,232 multi-family units may be constructed in the entire PUD. Caretakers residences shall be deducted from the 1,760 unit allocation. A minimum of 25 residential units shall be constructed in the R/MU Tract, and a minimum of 17 residential units shall be constructed in Tract C. The balance of the residential dwelling units generated from Tract C (13 units) must be constructed in either the R/MU Tract,or on a portion of Tract R,within one-third of one mile of the boundary of Tract C. Hacienda Lakes, PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 17 of 51 LAND USE CONVERSION FACTORS Residential Density: 1.0 residential unit equates to 2.73 Recreational Vehicle units/spaces (not to exceed 290 RV units in the entire PUD),or 4 Senior Housing Units(not to exceed 450 Senior Housing Units in the entire PUD). Up to 1,232 of the total 1,760 residential units may be multi-family as defined in the Land Development Code. Commercial Intensity: Hacienda Lakes is intended to be developed with a mixture of commercial land uses that include 327,500 square feet of gross floor area of retail uses, 50,000 square feet of gross floor area of medical office uses,20,000 square feet of gross floor area of general office uses, 140,000 square feet of gross floor area of business park land uses,and 135 hotel rooms. In no event shall the project exceed 3,328 PM Peak Hour Trips. Such maximum trip generation cap was developed based on 327,500 gross square feet of retail land uses, 50,000 gross square feet of medical office land uses, 20,000 gross square feet of general office land uses, 140,000 gross square feet of business park land uses,a primary school with a contemplated enrollment of 919 students, 135 hotel rooms, not to exceed 92,000 gross square feet, 704 single-family units,and 1,056 multi-family units. However,the hotel shall not count against the 140,000 square foot cap associated with the business park. Should the BP Tract not be developed as a business park but be developed as a school facility (excluding Collier County School District public schools), such facility shall not exceed the maximum 140,000 gross square feet allowed in that Tract. • The developer shall be allowed to convert retail land uses to office land uses at a one to one(1:1)ratio,not to exceed 25%of the retail land use allocation, provided only if the converted use is an allowed use in the tract. The developer shall also be allowed to wholly convert the hotel development opportunity of 135 rooms not to exceed 92,000 square feet to 60,000 square feet of gross floor area of business park land uses. All existing land uses and facilities in the Attraction and Junior Deputy Tracts shall not count against the overall trip and land use cap. Senior Housing Intensity: The intensity of any senior housing project shall have a maximum Floor Area Ratio(FAR)of 0.60. The 1,760 dwelling unit cap is only intended to limit the number of single family and multi-family residential units, as those units are defined in the Land Development Code. The development may include in excess of 1,760 residential units if some are developed as senior housing units. With the exception of senior housing development in the C, Commercial Tract, senior housing units shall be developed through the conversion of residential land uses. Residential units shall be allowed for conversion to senior housing units based on the Land Use Conversion Factors, above. However, 1 single-family dwelling unit equates to 1 single-family style independent living units. In no instance shall greater than 450 senior housing units be developed in the entire MPUD. Total Project Intensity: In no event shall the project exceed 3,328 pm Peak Hour Trips. Operational Characteristics for Senior Housing Senior housing may be composed of one or more types of care/housing facilities. These care/housing types are limited to independent living, assisted living, and skilled nursing units, each of which can have varying operational characteristics. The following characteristics of senior housing care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a senior housing care unit: Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 18 of 51 • • The facility shall be for residents 55 years of age and older; • There shall be on-site dining facilities to the residents,with food service being on-site,or catered; • Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits; • There shall be an onsite manager/activities coordinator to assist residents, who shall be responsible for planning and coordinating stimulating activities for the residents; • An on-site wellness facility shall provide exercise and general fitness opportunities for the residents. • Each unit shall be equipped with devices provided to notify emergency service providers in the event of a medical or other emergency; • Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by adding grab bars. Recreational Vehicle Park Criteria • Any RV Park may be located in one location as generally depicted on Exhibit C,MPUD Master Plan. • This area shall be developed either with an RV Park or residential land uses, and not be a combination of both. • The RV Park shall be limited to Class A motorcoaches only. • In no instance shall greater than 290 Recreational Vehicle units be developed in the entire MPUD. • The density of the RV park shall not exceed 12 RV units for each acre of the development parcel [not less than 20 acres]. • The Lord's way shall be the principal access to Collier Boulevard(CR-95 I). • A 25 foot Type C landscape buffer shall be located between any RV land use and adjoining residentially zoned or developed parcel. Sign Development Standards • Boundary Markers shall be no greater than 15 feet in height, and shall not exceed 64 square feet of sign content area(See Exhibit E,Deviation#3). Each of these permitted signs shall only contain the name of the project or any major use, insignia or motto of the entire development. • Any signage proposed for identifying the on-site Swamp Buggy Attraction land use in the Commercial Tract may be illuminated and manually changeable so the traveling public may learn of upcoming events in the Attraction Tract. • Any land uses permitted within the boundaries of the MPUD shall be considered on-site for the purposes of providing for signage within the Commercial Tract. Site Development,or Plat Approval • At the time of each development order application subsequent to rezone approval, the developer or its successors and assigns shall submit a list of previously approved land uses (approved via site development plan, or plat), and the trips, commercial square footage and residential units consumed to date. Developer shall also provide to County a copy of its master list of land uses and converted uses for this PUD with each SDP or plat application in the form attached as Exhibit G. 410 Hacienda Lakes, PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 19 of 51 iTABLE I RESIDENTIAL DEVELOPMENT STANDARDS SETBACK SINGLE ZERO LOT TWO ` TOWNHOUSE MULTI- CLUB RECREAT- FAMILY LINE FAMILY/ FAMILY HOUSE/ IONAL DETACHED DUPLEX DWELLINGS REC- VEHICLE REATION PARKS PRINCIPAL BLDGS STRUCTURES Minimum Lot Area ' 4,800 SF 4,000 SF ' 3,500 SF per - 1,800 SF per lot , I acre 800 SF per lot 10,000 SF space/unit Minimum Lot Width 40' 35° 35'per lot 18'per lot or 150' 35' unit N/A 15'or'1 BH, 15'or'/,BH. 15'or'1 BH, 15'or'//BH, 15'or Y,BH, 15'or 1/2 BH, 15' Minimum Distance From whichever is whichever is whichever is ` whichever is whichever is whichever is MPUD Boundary•• greater. greater greater, greater greater. greater. 20',or 15' 20',or 15' 20',or 15' 20' 20'or'/,BH, 10' with side with side with side whichever is Front Yard Setback load garages load garages load garages greater. N/A Side Yard r 6' 0'or 10' 0'or 6 O'or 6' 1/2 BH 5' N/A Rear Yard 15' IS' 15' 15' 15'or%:BH, 8' whichever is greater N/A From Preserve 25' 25' 25' 25' 25' 25' 25' Maximum Zoned Height 35' 35' 35' 45' 75' 40' 30 Maximum Actual Height 42' 42' 42' 50' 85' ` 50' 35 Floor Area Minimum SF- - 1200 SF ' 1000 SF 1000 SF 900 SF - 750 SF N/A N/A imum Distance ine IS'or 1/2 tween SBH, ncipal Structures 12' 10' 12' 12' h SBH whichever is 'ACCESSORY pteater STRUCTURES Front SPS SPS SPS SPS SPS SPS SPS Side SPS SPS SPS SPS SPS SPS ' SPS Rear. 5' 5' 5' ' 5' 5' 10' SPS From Preserve 10' 10' 10' 10' 10' 10' 10' Minimum Distance 10' Between Accessory Structures on same lot 0'or 10' 0'or 10' 0'orl0' 0'or 10' 0'or 10' 0'or 10' Minimum Distance 0'OR 10' Between Accessory and Principle Structures on same lot 0'or 10' 0'or 10' 0'or10' 0'or 10' 0'or 10' 0'or 10' Maximum Zoned Height SPS SPS SPS SPS 35' SPS SPS Maximum Actual Height SPS SPS SPS SPS SPS 35' SPS Minimum Distance From 15`or 7z BH 15'or 1/21311 15'or%,BH 15'or 1/2 BH 15'or%,BH 15'or'/,BH 15'or'/,BH MPUD Boundary•• whichever is whichever is whichever is whichever is whichever is whichever is whichever is greater greater greater greater eater gr greater greater SPS:Same as Principal Structure LL: Lot Line BOC: Back Of Curb Paseo:A pedestrian only access way to and from residences. N/A:Not Applicable BH:Zoned Building Height SBH: Sum of Building Heights "Principal and Accessory Uses shall not protrude or encroach into any required landscape buffer • Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 20 of 51 • General application of setbacks: Front yard setbacks shall comply with the following: 1. If the parcel is served by a public or private road right-of-way,the setback is measured from the adjacent right-of-way line. ii. If the parcel is served by a non-platted private drive,the setback is measured from the back of curb or edge of pavement. Notes: 1) Structures adjacent to a lake may have no setback from the lake maintenance easement. 2) Entrance features(i.e.: guard house,clock towers and colonnades)are limited in height to no greater than 35 feet in actual height. 3) Two or three story multi-family structures may have terraced setbacks.Terraced setbacks shall be measured from the ground floor exterior wall,as long as a minimum 15-foot building wall setback is provided as depicted in Figure 1 below. 4) For all residential units,garages shall be located a minimum of 23 feet from the back of the sidewalk closest to the garage,except for side loaded garages,wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to prevent vehicles being parked across a portion,or all of the referenced sidewalk. 5) No residential buildings greater than 50 feet in actual height shall be permitted west of the Florida Power and Light easement. PAOPC 41• ......... ri 1 , 1 :Di. I Figure 1 Terraced Setbacks Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 21 of 51 ` 1 1 _ • ) PRESERVE ) ) S' MIN. REAR YARD ACCESSORY (�''_.1.___ _ ..-......___.,........-..�...........-...-,... STRUCTURE SETBACK to FOOT MINIMUM ACCESSORY I ' STRUCTURE SETBACK TROIA PRESERVE }I E 15' MIN. REAR YARD PRINCIPAL 25 FOOT MINIMUM PRINCIPAL l i�STRUCTURE SETBACK STRUCTURE SETBACK ACC. SIR. FROM PRESERVE 1 I E E' LtNI• ••••••,- ^---17' MtM. --",°-'-b` kisk '""1^"E' MIN. SIDE YARD PRINCIPAL. I I. STRUCTURE SETBACK I PRINCIPAL I. X23' MIN, STS I t FRONT YARD PRINCIPAL I ..I 3 -'-—1— rROMT YARD PRINCIPAL SRTUCfURE SETBACK 7 SmUCTURE SETBACK w.t 5. 20 400L 23" MIN. S' SIDEWALK-- • ... •r BACK OF CURB M wiwanowswaiwwwwwwwwwm C€NTfRilNE 10' MIN. ACC. STR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 2 Detached Single-Family Units • PRESERVE r+.,/'e,J'�.J•.O_•✓ / 5' MIN. REAR SETB�ACKACCEsSORY 10 FOOT MINMUM ACCESSORY 1 - r-� --- 1 ->----7 / STRUCTURE SETBACK 1 r FROM PRESERVE I j ;. .. } f5' MIN. REAR YARD PRINCIPAL 25 FOOT MINIMUM PRINCIPAL �STRUCNRE SETBACK STRUCTURE SETBACK ACC. Ste, FR0M PRESERVE 1 I I 1 I I ! 1"-^—•-10. WIN; .,.I0' MIIJL 10' MIN, -A-0' MIN. SIDE YARD PRINCIPAL I s STRUCTURE SETBACK I �;TI I -zs MIN. '� I I JL p!C!"T' ?' �� -� FRONT YARD PRINCIPAL STRUCTURE SETBACK I I ■ 1 20 ' 23" t1 STRUCTURE SETBACK ROW tS' YW,i MI! il S' SIDEWAJJL I _146t. � SACK Or curs. 10' WIN. CENTERLINE ACC. STR. ■ACCESSORY STRUCTURE NOT TO SCALE NOT'DRAWN PROPORTONALLY Figure 3 • Detached Single-Family/Zero Lot Line Units Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 22 of 51 S PRESERVE ) ) 5' MN. REAR YARD ACCE590R1' ..s...n..t-,-.,�..,t,-.r�...�,..n ✓ ETWUCTURE SETBACK 10 FOOT MINIW M ACCESSORY '—_.•�. 7____�..�_1_-'-__ °'.T--__�__7 STRUCTURE SETBACK r I i �,,�r�j r r FROM PRESERVE \ r r i E" 7 t IS'YN. REAR YARD PRNICIWHL STRUCTURE FOOT PRI � I STRUCTURE SETBACK A(,'G,SIR ACC,STR. STRUCTURE SETBACK PROM PRESERVE r I r I • f 1 r r 1 ...L.-NO SIDE YARD REOUNED FOR 6.moL I 4-12"WN I ATTACHED PRINCIPAL UNITS 1 1 I PRINCIPt. r I YIN I I NN CM' S MN.SKYE YARD PCiAL ,) STRUCTURE SETBACK I 1 1 FRONT YARD PRINCIPAL. I,j„, --) . i , 'i-?"'r"'" ,..- 7----'---7-FRONT YARD PRINCIPAL STRUCTURE SETBACK I i 1 1--±""5 20• 1s• . r ' r SRRIICNRE SETBACK ROW , s• SIDEWAIJI---- � �� RACK OF CURS 1 t0.MIN. CF TERiJNE- - --{ -. - - ACC. STA. �ACCESSORY STRUCTURE I NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 4 Duplex and Two-Family Units • PRESERVE \. ) MIN. REM YARD ACCESSORY ,/_yG /r.4___ --} STRUCTURE SETBACK 1 O fOpT MINNIUM ACCESSORY r ! 1 ! .•' .• __ 75' 15• MIN. REAR YARD PRINCIPAL STRI N ' 1 1 J�„ - 1 U STRUCTURE SETBACK FROM PRESERVE I "� 1 1 II I SIDE YARD REQUIRED FOR 25 FOdr MNIMUW PRINCPAL— ` r 4 1 ATTACHED PRINCIPAL UNITS STRUCTURE SETBACK FROM PRESERVE •( At><.S7R. - • 12• I i 104. r PRO/OPAL STRUCTURE (TYP.) _._.. re' MIN.STRUCTURE SIDE YARD PRINCIPAL SETBACK 1 1 # 1 I FRONT YARD PRINCIPAL I STRUCTURE SE r I 120 MIN, 1111111111111e r ROA 5' SIDEWALK imunalmitinuma s mmno BACK OF CU' NIt111111111•11 111111/1111110/1101111111111111111111111 10• MNi. CENTERLINE - .- ACC.STR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORT)ONALLY Figure 5 . Attached Single-Family and Townhouse Units 1 , Hacienda Lakes, PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 23 of 51 • . Amy( T`WIT1.REAR AAn ACCESSORY STRUCTURE SETBACK i lO FOOT IMIWY I✓J✓✓✓✓�./,l,./✓I TRACT LnL1 -..—--+ .. ACCESSORY STRUCTURE far NN. L TARO 2S FOOT WINO--%,,,, 9 MCC ST16 - ACC: 5111 P1NCIPM, SETelcx FROM \ I STN'S.. , {TM.} SMOOT 1/2 MADMO mow wow i- :/2 1K SW OF TK MN4Or6 ~ ROE YAM PTIMLYq ( PwMCOMLSS4 r STRUCTURE=MOT l a uN[�) I{ FRONT TARO PRO C.& 1 STRUCTURE �� H�III�� fr�i J ACCESS FASETIOR/IIUR „0,a Cue_:.. + +IIM wiNVaMIVMlMM/111111111/ +111111111l001111111101irw11Y011111111'�iwrrMNlwr11N1•11NSf1YWrl1111111.la.11Ml11111 CITR{.f1C4 ..- -.. , _. _. *cc T -ACCESSOfft STRUCTURE NOT TO SCALE NOT DRAM PROPCFMORALLY Figure 6 Multi-Family Units • • Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 24 of 51 S TABLE II COMMERCIAL,INCLUDING MIXED USE BUILDINGS,PUBLIC FACILITY,AND SENIOR HOUSING DEVELOPMENT STANDARDS DEVELOPMENT STANDARD PRINCIPAL USES _____ ACCESSORY USES I MINIMUM LOT AREA 10,000 SQUARE FEET N/A MINIMUM LOT WIDTH 100 FEET N/A MINIMUM YARDS(MEASURED FROM LOT 25 FEET OR'A THE 10 FEET BOUNDARY) BUILDING HEIGHT, WHICHEVER IS GREATER*** MINIMUM YARDS(MEASURED FROM MPUD 25 FEET 10 FEET BOUNDARIES**** PRESERVE SETBACK 25 FEET 10 FEET MIN.DISTANCE BETWEEN 15 FT.OR'A THE SUM OF 10 FEET STRUCTURES BUILDING HEIGHTS* _ MAXIMUM ZONED HEIGHT 50 FEET 25 FEET MAXIMUM ACTUAL HEIGHT 60 FEET 30 FEET MINIMUM FLOOR AREA–COMMERCIAL 600 SQUARE FEET** — N/A MINIMUM FLOOR AREA–SENIOR HOUSING 350 SQUARE FEET N/A MINIMUM FLOOR AREA–PUBLIC FACILITY 1,500 SQUARE FEET N/A MEN.GROSS FLOOR AREA PER UNIT 600 SQUARE FEET'* 80 SQUARE FEET*• * Whichever is greater ** Not applicable to kiosks *** General application for setbacks:Front yard setbacks shall comply with the following: i. If the parcel is served by a public or private road right-of-way,the setback is measured from the adjacent right-of-way line. ii. If the parcel is served by a non-platted private drive,the setback is measured from the back of curb or edge of pavement. **** Principal and Accessory Structures shall not protrude or encroach into any required landscape buffer. except that a hotel, destination resort,senior housing or mixed use building may be up to 75 feet in zoned height and 85 feet in actual height. Note: Any independent living unit proposed for development in a single-family type of configuration shall comply with the development standards for single-family land uses set forth in Table I. Hacienda Lakes, PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 25 of 51 1 • • TABLE III BUSINESS PARK AND SCHOOL DEVELOPMENT STANDARDS (EXCLUDES COLLIER COUNTY SCHOOL DISTRICT PUBLIC SCHOOLS) DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 8.000 SQUARE FEET N/A MINIMUM LOT WIDTH _. .__._._._..E __.._ . _..__....._........._..... ' 80 0 FEET N/A MINIMUM YARDS(MEASURED FROM TRACT 50 FEET"• 10 FEET BOUNDARY)--BUSINESS PARK MINIMUM YARDS(MEASURED FROM TRACT BOUNDARY)—SCHOOL 50 FEET'•' 25 FEET MINIMUM YARDS(MEASURED FROM MPUD �1III' N/A BOUNDARIES PRESERVE SETBACK 10 FEET MIN.DISTANCE BETWEEN 15 FT,OR'/,THE SUM OF 10 FEET STRUCTURES-BUSINESS PARK BUILDING HEIGHTS' MIN,DISTANCE BETWEEN or 18 FEET 10 FEET STRUCTURES-SCHOOL MAXIMUM ZONED HEIGHT -BUSINESS PARK 35 FEET 35 FEET • MAXIMUM ZONED HEIGHT-SCHOOL 50 FEET 50 FEET MAXIMUM ACTUAL HEIGHT—BUSINESS PARK 50 FEET 35 FEET MAXIMUM ACTUAL HEIGHT-SCHOOL 60 FEET 60 FEET MINIMUM FLOOR AREA—BUSINESS PARK 1000 SQUARE FEET N/A MINIMUM FLOOR AREA—SCHOOL or 350 SQUARE FEET 35 SQUARE FEET MIN.GROSS FLOOR AREA PER UNIT BUSINESS PARK 500 SQUARE FEET 80 SQUARE FEET SCHOOL N/A N/A * Whichever is greater *** General application for setbacks: Front yard setbacks shall comply with the following: i. If the parcel is served by a public or private road right-of-way,the setback is measured from the adjacent right-of-way line. ii. If the parcel is served by a non-platted private drive,the setback is measured from the back of curb or edge of pavement. The Lord's Way Access Improvements: In the event that Tract BP is developed as a business park, the Lord's Way shall be improved by the Developer with roadway facilities as depicted by LDC Appendix B-4, a Commercialilndustrial typical roadway section,prior to the issuance of the first certificate of occupancy for a business park land use. In the • event that Tract BP is developed as an educational facility, the Lord's Way shall be improved by the Developer as depicted by LDC Appendix 13-3,a Local Street typical roadway section. Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 26 of 51 TABLE IV S ATTRACTION AND JUNIOR DEPUTY DEVELOPMENT STANDARDS DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA I ACRE N/A MINIMUM LOT WIDTH 100 FEET N/A MINIMUM YARDS(MEASURED FROM 20 FEET,PLUS I FOOT FOR ._.__. 20 FEET TRACT BOUNDARY) EACH 2 FEET OF BLDG.HT. OVER 50 FEET MINIMUM YARDS(MEASURED FROM 25 FEET 20 FEET MPUD BOUNDARIES PRESERVE SETBACK 25 FEET 10 FEET MIN.DISTANCE BETWEEN 15 FT.OR'/,THE SUM OF 10 FEET STRUCTURES BUILDING HEIGHTS* MAXIMUM ZONED HEIGHT 50 FEET — 50 FEET MAXIMUM ACTUAL HEIGHT 75 FEET 75 FEET MINIMUM FLOOR AREA 1000 SQUARE FEET** N/A * Whichever is greater ** Not applicable to modular units, trailers, towers, camping pavilion, and similar structures to support the utilization of the attraction facilities,which have no minimum floor area limitations Parking for Junior Deputy: Required parking for the JD designated areas of the MPUD shall be calculated at the rate of one parking space for each 1000 square feet of covered camping pavilion. Junior Deputy Target Orientation: Archery and air rifle ranges shall be oriented for a line of fire only to the east, or north, and shall have a back stop that shall be comprised of absorbing materials such as an earthen berm, hay bales, or similar treatments, each installed according to industry standards, to prohibit projectiles from exiting the range area. Hacienda Lakes, PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 27 of 51 C I:M.ISV :4+wwfyw tip+i.A.. ) Ni' ld213.i1VIV ��I�I�HMR �1/2 A'7y SN ran try �+.+' S3X `7 VUN3IJVH `' J777d :Y l053,Yt 7 ktJ1'3IJtN �,..z• M, � -'4.Fy ?l ;F:1:,,, 4it y yy yq /� i�a6*�i� ? y bx 5 _ = 0. yr * (i ` ,s J � i E a -tgi +0: 4::i!" = ait is tl.§s. I t 14t,-;fit- i it s Sit„ 3� t it Y b F i- r 1z1iy*. -- ;$1.1i rI itig iiiig* i-III � 4 Kcr. a rr �ay. 7`r , , 1I- r;1 ° i ill 1 I!: Y i.'51:.?.F k F , tiI!"_ y?!I1II! 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I 44 C 9 •31111 s 6 g € R t �_�� '� _: ?� : I � 1, lip 1 Id it r I T„ s s EXHIBIT D LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 11 THROUGH 14 AND 23 THROUGH 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND SECTION 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE S.89°10'42"W. ALONG THE SOUTH LINE OF SAID SECTION FOR 2835.68 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE S.89°1 1'14"W.ALONG SAID SOUTH LINE FOR 2906.24 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 25;THENCE S.89°09'39"W. ALONG THE SOUTH LINE OF SAID SECTION FOR 2693.18 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE S.89°11'01"W. ALONG SAID SOUTH LINE FOR 2693.80 FEET TO THE SOUTHWEST CORNER OF SAID SECTION;THENCE N.00°13'35"W. ALONG THE WEST LINE OF SAID SECTION FOR 2636.34 FEET TO THE WEST QUARTER CORNER OF SAID SECTION; THENCE N.00°14'15"W. ALONG SAID WEST LINE FOR 2637.01 FEET TO THE NORTHWEST CORNER OF SAID SECTION; THENCE N.87°0713"E. ALONG A LINE COMMON TO SAID SECTION 24 AND 25 FOR 1704.07 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 24;THENCE N.0I°08'02"E.ALONG THE EAST LINE OF SAID FRACTION FOR 684.58 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87°12'28"E. ALONG THE NORTH LINE OF SAID FRACTION FOR 340.01 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE N.01°04'11"E. ALONG THE WEST LINE OF SAID FRACTION FOR 2052.01 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE S.87°28'21"W. ALONG SAID NORTH LINE FOR 2025.64 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 23 AND 24;THENCE S.89°0 1'58"W. ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23 FOR 1328.51 FEET TO THE • NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE S.01°18'52"W. ALONG THE WEST LINE OF SAID FRACTION FOR 679.65 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE S.89°22'00"W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 663.28 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.01°I4'38"E. ALONG THE WEST LINE OF SAID FRACTION FOR 675.75 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE S.89°01'58"W. ALONG SAID NORTH LINE FOR 664.25 FEET; THENCE CONTINUE S.89°01'58"W. ALONG SAID LINE FOR 627.16 FEET; THENCE N.01°01'15"E. FOR 1699,99 FEET; THENCE S.89°01'58"W. FOR 701.42 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE S.01°01'15"W. ALONG SAID EAST LINE FOR 68.31 FEET; THENCE S.89°01'58"W. FOR 1232.97 FEET TO AN INTERSECTION WITH THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY; THENCE N.00°51'54"E. ALONG SAID EAST LINE FOR 956.27 FEET TO AN INTERSECTION WITH A LINE 30.00 FEET SOUTH OF AND PARALLEL WITH (AS MEASURED ON A PERPENDICULAR) THE SOUTH LINE OF SAID SECTION 14; THENCE N.87°37'31"E. ALONG SAID PARALLEL LINE FOR 1237.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N.01°01'15"E. ALONG SAID EAST LINE FOR 30.05 FEET TO THE SOUTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.87°37'31"E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1337.24 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.00°48'00"E. ALONG THE EAST LINE OF SAID FRACTION FOR 2683.32 TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE S.87°3 1'38"W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 334.19 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00°48'1 1"E. ALONG THE WEST LINE OF SAID FRACTION FOR 1341.38 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE S.87°28'42"W. ALONG SAID SOUTH LINE FOR 1002.41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; TIIENCE N.00°48'45"E. ALONG SAID WEST Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 29 of 51 AND EAST LINE FOR 335.13 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER;THENCE S.87°27'58"W.ALONG THE NORTH LINE OF SAID FRACTION FOR 1236.32 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183; THENCE N.00°49'30"E. ALONG SAID EAST LINE FOR 1004.62 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 11; THENCE N.00°50'27"E. ALONG SAID EAST LINE FOR 344.07 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE N.87°28'56"E. ALONG SAID NORTH LINE FOR 1235.95 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00°49'13"W. ALONG THE EAST LINE OF SAID FRACTION FOR 342.92 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 14; THENCE N.87°25'45"E. ALONG SAID NORTH LINE FOR 1336.32 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE CONTINUE N.87°25'45"E. ALONG SAID NORTH LINE FOR 668.16 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION;THENCE S.00°47'37"W.ALONG THE EAST LINE OF SAID FRACTION FOR 671.11 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14; THENCE N.87°27'14"E. ALONG THE NORTH LINE OF SAID FRACTION FOR 668.22 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00°47'14"W. ALONG THE EAST LINE OF SAID FRACTION FOR 671.39 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.87°28'42"E. ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 14 1336.55 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION AND THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE N.87°30'06"E.ALONG THE SOUTH LINE OF SAID FRACTION FOR 1328.72 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.00°38'50"E. ALONG THE EAST LINE OF SAID FRACTION FOR 1345.26 FEET TO THE NORTHEAST CORNER OF SAID FRACTION AND THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 12;THENCE N.00°41'44"E.ALONG THE WEST LINE OF SAID FRACTION FOR 2707.07 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87°40'34"E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1321.29 S FEET TO THE NORTHEAST CORNER OF SAID FRACTION;THENCE S.00°36'23"W.ALONG THE EAST LINE OF SAID FRACTION FOR 2701.30 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION SAID POINT BEING THE NORTH QUARTER CORNER OF SAID SECTION 13;THENCE S.87°26'I i"W. ALONG THE NORTH LINE OF SAID SECTION FOR 662.90 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE S.00°35'02"W. ALONG THE EAST LINE OF SAID FRACTION FOR 1345.93 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87°30'06"W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 664.36 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND SAID SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE S.00°38'50"W. ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672.63 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87°32'03"E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 665.09 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.00°35'02"W. ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672.97 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION;THENCE S.87°33'59"W.ALONG THE SOUTH LINE OF SAID FRACTION FOR 665.81 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE S.00°38'51"W. ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER FOR 1345.10 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87°37'27"W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 667.27 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.00°42'40"W. ALONG THE WEST LINE OF SAID FRACTION FOR 1344.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 24;THENCE N.87°40'54"E. ALONG SAID NORTH LINE FOR 2006.20 FEET TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE S.00°56'29"W. ALONG THE WEST LINE OF SAID FRACTION FOR 1368.25 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION;THENCE N.87°34'58"E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1343.68 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.00°41'32"E. ALONG THE EAST LINE OF SAID FRACTION FOR 1365.31 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE N.87°41'38"E. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER FOR 1337.58 FEET TO THE NORTHEAST CORNER OF SAID SECTION;THENCE S.00°26'32"W. ALONG THE EAST LINE OF SAID SECTION FOR 1703.00 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE Ilacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 30 of 51 .._.__.._._............ • NORTHEAST QUARTER; THENCE S.87°33'18"W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 672.60 • FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE S.00°34'02"W. ALONG SAID WEST LINE FOR 1022,89 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87°28'21"E, ALONG THE SOUTH LINE OF SAID FRACTION FOR 674.89 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 19;THENCE S.88°12'42"E. ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER FOR 3093.52 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.03°39'20"W. ALONG THE EAST LINE OF SAID FRACTION FOR 2676.74 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE N.88°56'10"W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 2940.59 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE S.87°07'20"W.ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 FOR 2726.50 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE S.87°07'13"W. ALONG THE NORTH LINE OF THE NORTHWEST QUARTER FOR 807.16 FEET; THENCE S.03°18'31"E. FOR 1451.00 FEET; THENCE N.88°56'54"E. FOR 1582.00 FEET; THENCE S.00°31'35"E. FOR 1130.61 FEET; THENCE S.89°15'59"E. FOR 1823.18 FEET TO THE EAST QUARTER CORNER OF SAID SECTION;THENCE N.89°57'58"E. ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2200.53 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF 'THE SOUTHWEST QUARTER; THENCE S.00°37'14"W. ALONG THE WEST LINE OF SAID FRACTION FOR 1344.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.89°34'43"E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 365.01 FEET TO 'THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE WEST HALF OF THE SOUTH HALF; THENCE S.00°41'48"W. ALONG THE WEST LINE OF SAID FRACTION FOR 671.03 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.89°23'00"E.ALONG THE SOUTH LINE OF SAID FRACTION FOR 364.14 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.89°22'35"E. FOR 710.09 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE N.00°52'45"E. FOR 1334.78 FEET TO THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE S.89°46'I2"W. ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.00°49'34"E. ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF FOR 668.60 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE N.89°57'58"E. ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2497.82 FEET TO THE EAST QUARTER CORNER OF SAID SECTION;THENCE S.01°I2'08"W.ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION FOR 2640.60 FEET TO THE POINT OF BEGINNING. 101,084,043 SQUARE FEET OR 2,320.6 ACRES+/- LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS: PARCEL"A" BEGINNING AT THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF OF SAID SECTION 30; THENCE S.00°59'10"W. FOR 1329.95 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE S.89°22'35"W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 355.05 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00°55'57"E. FOR 1332.36 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE N.89°46'12"E. ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET TO THE POINT OF BEGINNING. 473,270 SQUARE FEET OR 10.9 ACRES+/- PARCEL"B" BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTEROF SAID SECTION 24; THENCE N.87°28'2I"E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1349.77 FEET TO THE NORTHEAST CORNER OF SAID FRACTION;THENCE S.00°40'10"W.ALONG THE EAST LINE OF SAID FRACTION FOR 1361.17 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87°I7'48"W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1356.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00°56'29"E. ALONG THE WEST LINE OF SAID FRACTION FOR Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 31 of 51 • 682.86 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER;THENCE S.87°23'02"W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 338.41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.01°00'20"E.ALONG THE WEST LINE OF SAID FRACTION FOR 683.43 FEET TO THE NORTHWEST CORNER OF SAID FRACTION;THENCE N.87°28'21"E. ALONG THE NORTH LINE OF SAID FRACTION FOR 337.61 FEET TO THE POINT OF BEGINNING. 2,072,100 SQUARE FEET OR 47.6 ACRES S Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 32 of 51 ............... EXHIBIT E • LIST OF REQUESTED DEVIATIONS FROM LDC Deviation #1 seeks relief from LDC Subsection 6.06.01.B, related to streets in subdivisions, that requires subdivisions to have platted road rights-of-way for streets,to allow private streets to be provided by separate access easements rather than platted road rights-of way. Deviation #2 seeks relief from LDC Section 5.04.04.B.5.c that limits the number of model homes,to allow one model home for each variant of the residential product proposed in the various phases or communities within the project. The number of model homes may exceed five for each phase or community within the project,but shall not exceed a total of 60 models for the entire MPUD development. Deviation #3 seeks relief from LDC Section 5.06.02 to allow "boundary marker" signage on property corners fronting on existing, proposed,or future public roadways that provide access to the MPUD. The sign content area for"boundary markers" to be located in the Residential Tract R may be 15 feet in height rather than 8 feet in height as limited in LDC Subsection 5.06.02B.6.b. Deviation#4 seeks relief from LDC Section 5.03.02.C.2. that limits fence or wall heights to six (6') feet,to allow fences or walls to be no greater than eight (8') feet throughout the development. Where associated with existing or future public roadways, or Tract A, a 20 foot tall visual screen may be installed as a wall, berm,or wall/berm combination. Deviation #5 seeks relief from LDC Sections 4.02.13 G., and 4.06.02 C.5., that requires a six foot tall 410 opaque architecturally finished masonry wall, or berm, or combination thereof be provided around the boundaries of a business park. Buffering around the proposed Business Park Tract would be as required by the entirety of the referenced sections of the LDC, but the six foot wall,or berm,or combination thereof will not be required on the Business Park Tract along the frontage of Lord's Way. Deviation #6 seeks to allow one real estate sign in addition to the real estate signage permitted in LDC Section 5.06.02 B.2.,that would be erected off-site from the Residential Tract, in the Commercial Tract. Deviation#7 The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock road and Collier Boulevard shall be allowed to remain in the present location until: the sign is relocated to allow the construction of the bridge to extend Rattlesnake Hammock Road, and/or a new sign can be permitted in Tract C. Deviation #8 seeks relief from LDC Section 5.05.04 D.I. that limits care unit Floor Area Ratio (FAR) to 0.45, to allow a care unit FAR of 0.60. • Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 33 of 51 EXHIBIT F LIST OF OWNER COMMITMENTS For the purposes of this PUD, the owner commitments set forth below are applicable to Hacienda Lakes of Naples, LLC, its successors, and/or assigns. The owner commitments below shall not be enforceable upon Swamp Buggy Days, Inc.,nor Collier County Junior Deputies League, Inc. I LEGAL A. Access to Parcel"A", as described in Exhibit D of this document and is not a part of this MPUD shall be accessible via a new roadway easement from Owner that shall be recorded in the public records of Collier County, and shall run in a north-south direction from the existing thirty-foot roadway easement recorded in O.R. Book 857, Page 1800. This easement shall be recorded within 90-days of approval of this PUD. B. Access to Parcel "B",as described in Exhibit D of this document and is not a part of this MPUD shall be accessible via the existing roadway and ingress/egress easements recorded in O.R. Book 271, Page 505,O.R. Book 622, Page 1609,O.R. Book 245, Page 124, and O.R. Book 287, Page 18. C. No existing public access/roadway easements shall be vacated to preclude access to off-site private and public lands without providing replacement access easements. This new roadway easement shall be equivalent to the existing easement and shall be recorded concurrently with the vacation. • 11 ENVIRONMENTAL A. Native vegetation shall be preserved in this MPUD in accordance with the table below: Hacienda Lakes Native Preserve Summary Description Total Urban(ac) Rural(ac) Pro'ect Area 2262.14 625.07 1637.07 On-Site Native Vs.etation 1721.97 295.38 1426.59 Less the Native Veg Within Rattlesnake Hammock Ext. 2.02 2.02 0.00 Less the Native Veg Within The Lords Way Ext. 0,42 0.00 Less the Native Veg Within the Benfield Road Corridor 12.91 5.01 7.90 Less the Native Ve• Within Archaeol.•ical Preserves 6.07 1 06 5.02 Native Ve!etation For Re•uirement Calculations 1700.54 Percentage for required Native Preserve - 25% Required Native Vegetation' <921.09 71.71 <849.38 Preserved Native Vegetation** 1395.35 40.81 1352.57 Come-nsatin. Native Preserve(2x URF Deficit)** 81 80 Total Preserve Area _ 1544.14 53.06 1491.08 Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 34 of 5 l * Native Preserve Requirement(LDC Subsection 2.05.02.B.2 g.ii.) of 90%within the RFMUD Sending Lands exceeds • 60% of the total project RFMUD Sending Lands. Therefore, over 60% of the total project RFMUD Sending Lands shall be the required Rural native vegetation area. **Compliance with LDC Subsection 3.05.07 H 1.a.,requires native vegetation planting enhancement of a minimum of 12.24 acres of the project's URF Subdistrict Preserve Tract. Compliance with 100% of the native vegetation preservation requirement shall be achieved through preserving RFMUD project native vegetation in an amount two times the deficient native vegetation preserve acreage in the URF Subdistrict project lands as is provided for through the adopted GMP amendment. B. A Wetland Mitigation/Monitoring plan is to be submitted once approved from SFWMD, for County review. C. The MPUD shall be developed in accordance with the Wildlife Habitat Management Plan accepted by Collier County as contained in the Environmental Impact Statement. D. An updated listed species survey for the future development areas shall be submitted prior to the next development order approval. E. Installation of the Sabal Palm Road culvert crossings and spreader swales shall occur prior to the first preliminary acceptance. III ENGINEERING A. A SFWMD ROW permit will be required for widening the bridge at Rattlesnake Hammock/95I over the Henderson Creek Canal. IV ARCHAEOLOGICAL and HISTORIC RESOURCES • A. The five archaeological sites identified within the Hacienda Lakes parcel are denoted AP, Archaeological Preserve on Sheets 3 -12 in the MPUD Master Plan Set.These sites must remain undeveloped. A public access easement around the archaeological sites for potential digs and further study has been provided. Disturbance to these five protected archaeological sites may only occur with County approval and approval of the State Division of Historical Resources,and any disturbance shall only be permitted under the direct supervision of a qualified archaeologist. B. Historical/archeological areas are not used to meet preserve requirements because if an archaeological dig is required,then native vegetation would have to be removed. V EMERGENCY MEDICAL SERVICES A. In order to mitigate for the project impacts and demand on Emergency Medical Services (EMS), the developer shall provide a one acre parcel to Collier County. This public facility site is identified as "PF"on the MPUD Master Plan (Exhibit C). The dedication of the one acre site shall be by deed to Collier County and is subject to an Emergency Medical Services Impact Fee credit based on the fair market value of the donated property. The valuation of the one acre site dedication has been determined to be $30,000 per acre, for the purposes of the Emergency Medical Services Impact Fee credit, and the conveyance shall occur no later than at the time the 500th residential unit is included in a development order request (site development plan, or plat), subsequent to the adoption of the DRI Development Order. If Owner conveys to County mitigated land for the real property conveyances described in this • paragraph, then Owner shall be entitled to an EMS impact fee credit for the value of the Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 35 of 51 • mitigation,as a cost of construction for public facilities. The value of the mitigation shall be a per acre value calculated at the total cost of state and federal mitigation of the environmental impacts including wetland and wildlife impacts divided by the impacted acreage of 718 acres. Developer shall provide documentation acceptable to the County to verify this cost. The total cost of State and Federal mitigation includes land costs for onsite preserves used for mitigation, environmental permitting costs, exotic removal, enhancement of preservation lands, creation of wildlife habitat, hydrological improvements and any mitigation activity required in the Army Corps of Engineers permit and South Florida Water Management District permit for the project in order to address the project's mitigation. State and Federal mitigation does not include County required mitigation. In lieu of EMS impact fee credits for environmental mitigation, the County reserves the right to transfer to Developer or Owner County-owned State or Federal panther and wetlands credits equal to the value of the EMS impact fee credits calculated pursuant to this paragraph. VI TRANSPORTATION For the purposes of the following commitments, it must be understood that the property was divided into three main areas: North area being north of The Lord's Way extension; South area being south of Rattlesnake Hammock Road plus School; Benfield Road Improvements. • The South area commitments shall be constructed in a sequential manner. However, the rest of the commitments are not sequential and can be accomplished in no specific order. Similarly, the three areas identified above are not required to be developed in a sequential manner. SOUTH AREA The Owner shall construct (here forward to mean "constructed to meet minimum County requirements for acceptance"), at its sole expense without road impact fee credits, the initial two lanes (south side) of Rattlesnake Hammock Road Extension from C.R.951 to Florida Power Line Easement(approximately 0.25 miles). In addition,the Owner shall construct the Collier Boulevard/Rattlesnake Hammock Road intersection interim geometry as shown in Figure I, below and to improve the bridge on Rattlesnake Hammock Road Extension over the canal to the interim geometry as shown in Figure I, below. Upon completion (here forward to mean "completed construction to County minimum requirements, and reserved for future conveyance to the County at the County's request.")of all of such improvements, the Owner shall be allowed to develop up to 327,500 square feet of Retail Land Uses, or Residential Pod A,or some combination of the two land uses. However,the total number of gross trips to be generated by this portion of development shall not exceed 1,409 PM peak hour trips. In the event that Residential Pod A is developed, access to Pod A will be either an internal private roadway or via an extension of Rattlesnake Hammock Road to the entrance of Pod A. These improvements and the areas allowed to develop upon completion of these improvements are depicted in Figure 1, below. All of these improvements are site related improvements. • Hacienda Lakes, PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 36 of 51 Figure 1 Hacienda Lakes DRI Commitment I • l,tg[tLtd tl♦ Existing lanes/Turn Lanes _....�..�._ L. Lanes/Turn Lanes to be Constructed/Reconstructed - Roadway Segment to be Constructed + `' Potent al Areas to be tkveloped 1` 1 , Ulla itigit I �� .11111. 1 i.:...a.ia*--.. --•-,.-------47-,:t-: 1-,--:-i Rattlesnake Hammock 8514 txteruion �. r :' ;r s...r f r Oh 1.:-- ill q Pod;, , \ :,::: lai 'l• 11,,2-,:'..A:-:''• ''‘ : --:'::: � '.tip r Florida Power Line Easement ; i , 1 11. The Owner shall construct, at its own expense and without road impact fee credits, Rattlesnake Hammock Road Extension from Florida Power Line Easement to the road leading into Swamp Buggy grounds (approximately 0.25 miles) and improve the bridge on Rattlesnake Hammock Road Extension over the canal to the final geometry as shown is Figure 2, below. These improvements are site related improvements. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: 20,000 Square Feet of General Office,and; 50,000 Square Feet of Medical Office,and; 135 Room Hotel,and; Remaining portion of the 327,500 Square Feet of Retail (if applicable pursuant to Commitment 1),and; Remaining portion of Residential Pod A (if applicable pursuant to Commitment 1), and; . I Required residential uses within Activity Center land use; Hacienda Lakes,PUDZ-2006-AR-10146 Approved CCPC Consent-Rev.09/15/11 Page 37 of 51 ....____...... I 411 These improvements and the area allowed to develop upon completion of these improvements are depicted in Figure 2,below. ............. Figure 2—Madendta Lakes DIG-Commitment II al tip _„�__._ ii„,, Downs lanes/Turn Ones y. _._ _ L Lanes/Turn Lanes to be Constructed/Reconstructed Roadway 5/swot Previously Constructed 11%11c14 —r Roadway Segment to be Constructed „ __ 1 '-- Area Previously Developed 11101161 0 Area to be Developed n dPotential Area to be Developed 1 «014/a*** 1-.. "–r- r ,,,,-- ...„ __ ,o. I It is -„,>‘.4 • ( ser eU -w yWitte r, , :..___ _ .. t' Ratt.Rrnale Hammock , enX✓CFl r \-, „ _._ 410 , ,.° .... ” k. r r '° Pod A ; ' " - v � ... ti Florida Power Line Easement Ill. The Owner shall construct, at its sole expense, Rattlesnake Hammock Road Extension from the road leading into Swamp Buggy grounds to the future Benfield Road as a two lane road, including construction of the Rattlesnake Hammock Road Extension at Benfield Road intersection. Upon completion of such improvement,the Owner shall be allowed to develop the following additional land uses: 919 Student Elementary School,and; Residential Pod B. Since only a portion of the capacity to be provided by this two lane section will be consumed 0 by the Hacienda Lakes PUD, the Owner shall receive road impact fee credits equal to 50% of the cost of this improvement. The cost of this improvement will be determined at the time Hacienda Lakes,PUDZ-2006-AR-10146 Approved CCPC Consent—Rev.09/15/11 Page 38 of 51 j 1 1 i of construction, and shall include the fair market value of the land or easement when the • Owner conveys the road right of way to the County, free and clear of liens and encumbrances. Fair market value has been determined to be $30,000 per acre. This improvement and the area allowed to develop upon completion of this improvement are depicted in Figure 3, below. Fifty percent(50%)of the cost of this improvement is deemed a site-related improvement. Figure 3-Hacknds Lakes DRI-Commitment III IL► Existing Lanes/Turn Lanes , to Lanes/Turn Lanes to be Constructed/Reconstructed ? Roadway segment Previously Constructed a • - Roadway Segment to be Constructed ._...........- � �' Area Previously Developed „_�.. El Area to be Developed "" .. .4 wrr llecti5�7�a11, :. x «t� i .c; 1 (STOP, .- $ wF 4Sr • c Rattlesnake Hammock Road . + t P • , Residential '1/4k,1 <'F Residential a, Pod 8 Rod Aa { f _ V3 I � �t\ �4 l Florida Power line Easement NORTH AREA IV. With no improvement other than a bridge to be constructed by the Owner,at its sole cost and without road impact fee credit, over the water canal that runs parallel to C.R,951 at the northern project site access,the Owner shall be allowed to develop Residential Pod C (not to exceed 300 PM peak hour trips at the connection to C.R.95I). This improvement and the area allowed to develop upon completion of this improvement are depicted in Figure 4, 411) below. At no time will the County accept ownership of this bridge. This improvement is a site related improvement. Hacienda Lakes,PUDZ.-2006-AR-10146 Approved CCPC Consent -Rev.09/15/11 Page 39 of 51 ..................................... Figure 4—Hacienda takes DRI-Commitment IV Residential so. • 1 Pod 2411111 - A1iL _-- �L = yt j§ ^ac' Easement t, Rattlesnakes hammock R. • actensbrt 1 - :- >t. Residential t ' ® Residential -,„4 Pod B i r wind xr: ` 1. '` {r' Eststing tanes/rom urn.% '�. uneslrurn Cartes to be Constnrcted/Reconsttueted - Medway*mom Previewsly C000tu.too Roadway segment to Oe Constructed Arks Previously Developed 0 Area to be Developed V. The Owner shall, at its sole expense and without road impact fee credits, complete the reconstruction of The Lord's Way from C.R.95 I to Florida Power Line Easement and construct the extension of The Lord's Way from Florida Power Line Easement to the west entrance to the Business Park with a two lane undivided cross section. In addition,when the Collier Boulevard at The Lord's Way intersection is signalized upon meeting warrants, the cost of the signalization of this intersection will be shared proportionately among the Owner and other developments located in the area (east and west of C.R.95 I) and at no cost to Collier County and without road impact fee credits. These improvements are site-related improvements. Upon completion of such road improvement, the Owner shall be allowed to develop the following additional land uses: Business Park,and: Residential Pod D. • Hacienda Lakes,PUDZ-2006-AR-10146 Approved CCPC Consent-Rev.09/15/11 Page 40 of 51 k These improvements and the area allowed to develop upon completion of these improvements are depicted in Figure 5,below. flout 3—liactanda Lakes DR! Commitm«tt V ____ • i +✓ Florida Power Line Easement , Residential ',. ;-.� Regidentiai Pod 0 I s» t 0 - ➢ r .r IIW til A "„.`t ' Rattiesnake lfarnt+sttcr °.„ , , N.,� 4∎W 1 A *."../ L'A 4 VT% , ,:''."74.,..: `'`N,'%.„ ' °-:: • _14..__ e F E:.,. '4' \ Residential S� `- 4 ; Rtsidtnttit ,;*:1.;`', 4, pods Pod t -- Lmstit'Lanes/Turn cat,es _^` te Lanesf'urn Canes to be Co ntructed/Reconstructed ...r Roadway Wyman Previously Constttrcted ..w Roadway Se.ment t0 be Constructed I Arta Previously Developed lE Are t0 be DesNopt4 When the DRI has received certificates of occupancy for 66 percent of the total commercial and residential development authorized by the DRI, Collier County will perform an evaluation and inform the Owner if it is necessary to convey road right of way to the County for the section of The Lord's Way Extension from the west entrance to the Business Park/School to Benfield Road. If Collier County requests the road right of way, the Owner shall convey by road easement to the County the needed road right of way up to a width of 60 feet, free and clear of all liens and encumbrances, and shall receive impact fee credits equal to 100 percent of the fair market value of the road easement conveyed to the County which has been determined to be $30,000 per acre. No further certificates of occupancy shall be issued until the road easement conveyance is recorded in the public records of Collier County. If this segment of The Lord's Way is not deemed necessary (through documentation, or lack thereof, in the LRTP or the CIE) by the time the development 40 : achieves 66 percent of the total approved development quantities, this commitment shall be considered expired. Hacienda Lakes,PUDZ-2006-AR-10146 Approved CCPC Consent-Rev.09/15/11 Page 41 of 51 1 • BENFIELD ROAD IMPROVEMENTS VI. The Owner shall construct, at its sole expense Benfield Road from Rattlesnake Hammock Road Extension to the entrance of Residential Pod E with a two lane undivided cross section and reserve the right of way necessary for the final 4 lane divided cross section. Residential Pod E shall be connected in a consistent manner with the County's right of way reservation plans or construction plans for future Benfield Road sections. Upon completion of such improvement and acceptance by Collier County of the improvements, the Owner shall convey to the County a road easement for the road right of way needed for this section of Benfield Road up to a width of 120 feet, free and clear of all liens and encumbrances. Upon recordation of the road easement in the public records of Collier County, the Owner shall receive road impact fee credits for 50% of the fair market value of the road easement necessary for this section of Benfield Road and for 100% of the increase in cost resulting from the construction of the road according to County Standards (arterial) instead of as a local subdivision road. The fair market value of 50%of the conveyance of the road right of way easement to the County has been determined to be $30,000 per acre. Fifty percent (50%) of the fair market value of the road right of way easement and the total cost of the improvements are site-related improvements. The Cost of this improvement will be determined at the time of construction. Upon completion of such improvement,the Owner shall be allowed to develop the following additional land uses: Residential Pod E. • These improvements and the area allowed to develop upon completion of this improvement are depicted in Figure 6,below. • Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 42 of 51 nitwit i-t+ad*ndo Lakes t11t1-Camn,ttmens 111 S sr:• ._ ... _. noodi Power tine Easement RtsWentlat r^ Pad C .ems.;•w,e ,r Relderktai b" r Itls4arcat Pod E •� t • =r s y ( Ratnesei.e.Nunrnock An •. ■tlMWfS " ;, Revesenttal ' A pods PodA ? tt t i .~� w lip Emile*rt Wneatfwn rvex 4C,00 C.ORSIN0404ltnntttr4.0304C �.� Maadwiy Slinger,Werttr►.Jv Comtr,rtted �•+ 41,4dwir Sepmn to b Carsttut Area Pieria*De.einene Arse to be Deveerpord VII. Benfield Road South of Rattlesnake Hammock Extension and north of Residential Pod E connection to Benfield Road: the Owner will convey right of way to Collier County by road easement for Benfield Road on areas not to be built by Owner up to a width of 120 feet, free and clear of all liens and encumbrances. Upon such conveyance, Collier County will provide road impact fees credits for 100% of the fair market value of the road easement. The value of the right of way has been determined to be $30,000 per acre. The area to be conveyed is depicted in Figure 7,below. Hacienda Lakes,PUDZ-2006-AR-10146 Approved CCPC Consent—Rev.09/15/11 Page 43 of 51 , • New*7-Maclettda Wiwi OM Coenmatmant VM ...._.. _..._ an n• F lig lorida Power Le IaseeM g Res dentw �� I � M - �EIa1 Pod E thNpd"s Wa _ a <: .i .J" A°. ,.r •S ( Ratdeytart Kerr *" ,moon / • .., [, � .a s .,ba .s ReildMhat \ s• Ilewfeadai 1 Pod s • t*1 '.41 n ' \ l„ rte, *Lamed le t tnte*Llanelli um wort _ -- — a taAeuptim Linn to be Coning tsWRecamtn,cred ••■••• Rpathvay Sevneet Peeve:Kr*Caxntr,.ctad ere Waal of war to be heserved +4ea eteva.set Ofroetved ! .i 4ea ca be Dev►M,tpd VIII. Benfield Road South of Sabal Palm Road: the Owner shall convey by road easement to the County the right of way needed for the future construction of Benfield Road south of Sabal Palm Road (approximately 1.00 mile) up to a width of 120 feet free and clear of all liens and encumbrances and at no expense to the County. In addition, the Owner shall receive no impact fee credits for such right of way conveyance. This is a site-related improvement. The area to be dedicated is depicted in Figure 8,below. 0 Hacienda Lakes,PU DZ-2006-AR-10146 Approved CCPC Consent—Rev.09/15/11 Page 44 of 51 I t Ftpae tt—►faciEnea Ulm ok1=Cc+nmitmetn wa Florida Power tine aZ, Casement t s a 94 t 1 ryas ;; .. 16 ( N 1`a4: r? • imam Rink of Way to be Dedicated IX. As a part of its State and Federal permits, the Owner shall pay for mitigation required for State and or Federal environmental impacts arising from the permitting for portions of Benfield Road described in Commitments VI and VII. In addition to this commitment, the Owner shall at no cost to County either: (1)Convey drainage easement(s)to the County for their stormwater management facility needs free and clear of all liens and encumbrances,or (2) agree to accept stormwater from Benfield Road into the Project's stormwater management system. These are site-related contributions. X. At two thresholds during construction of this DRI,the Owner shall provide to Collier County a transportation analysis which compares the value of the Owner's contribution to the County's public road network against the DRI's proportionate share, (as defined in the State of Florida's HB 7207) of which this DRI impacts County and State road segments. If Owner's contribution is less than its impact based on the transportation analysis,then Owner shall pay to County the difference in three installments starting 90 days after the transportation analysis is agreed to by both parties, and then each 90 days thereafter until paid in full. The transportation contribution by the Developer shall be defined as the sum of • all road impact fees paid to date, the costs of the non site-related transportation Hacienda Lakes,PUDZ-2006-AR-10146 Approved CCPC Consent—Rev.09/15/11 Page 45 of 51 _ I improvements (those receiving road impact fee credits) on Rattlesnake Hammock Road, Benfield Road and the Lords Way, plus the value of any road right-of-way conveyance by donation to the County unless otherwise calculated as an impact fee credit. The first transportation analysis shall be submitted to the County when 33%of approved development trips(1,109 total gross trips)have been permitted based on building permit issuance,without projecting forward growth. The second transportation analysis will be submitted when 66% of the approved development trips (2,219 total gross trips) have been permitted based on building permit issuance, with a projection toward build out. The second analysis and reconciliation will finalize any transportation related assessments owed by the Developer for the build out of the Project.With the annual PUD monitoring report,Developer shall provide an annual trip generation analysis of trips approved by Site Development Plan approval and building permit issuance compared to total trips approved within the DRI. Upon triggering 33% or 66% as described above, Developer shall submit the transportation analysis described in this paragraph within six months. No certificates of occupancy shall be issued until the traffic analysis and annual trip generation analysis required by this paragraph and any payments due have been delivered to County,unless the BCC grants an extension. XL Prior to the issuance of a certificate of occupancy for the first 75,000 square feet of retail land uses, the Owner shall construct, at its sole expense, a Collier Area Transit (CAT) stop/shelter fronting the Commercial Tract C that shall include a 10'x 20' pavilion shelter with benches and protection from the elements, and include a minimum of three (3) bike racks. Owner shall be responsible for maintenance of the bus stop/shelter unless Owner elects to convey to County at no cost to County an easement for the bus shelter. The location of the CAT shelter is generally depicted below on the Master Mobility Plan. This is a site-related contribution. XII. Prior to the issuance of a certificate of occupancy for the first 70,000 square feet of business park land uses, or prior to the issuance of a certificate of occupancy for a school or educational facility in the Business Park Tract, the Owner shall construct, at its sole expense, a Collier Area Transit(CAT) stop/shelter fronting the Business Park Tract BP that shall include a 10'x 20' pavilion shelter with benches and protection from the elements,and include a minimum of three (3) bike racks. Owner shall be responsible for maintenance of the bus stop/shelter unless Owner elects to convey to County at no cost to County an easement for the bus shelter. The location of the CAT shelter is generally depicted below on the Master Mobility Plan. This is a site-related contribution. X111. DRI traffic studies identified an off-site impact at the interchange of 1-75 and S.R. 951 Ramps Intersection, specifically in the left-turn movement serving the northbound S.R. 951 to westbound (northbound) 1-75 turning movement. Assessments of this operation in 2011 indicate that changes to lane usage and signage could augment the acceptable operation of the intersection and delay the impacts of the DRI. Hacienda Lakes traffic becomes significant (exceeds five percent of service volume) at this location at 46.2 percent of site traffic generation. When the first transportation analysis required under subsection X above is undertaken(e.g. at 33 percent of site traffic generation), the existing traffic flow and level of service at this location will be reviewed and projected to the build-out of the DRI. If the 2011 operational assessment is confirmed and the intersection is, or will be, operating at an unacceptable level of service as determined by County or FDOT, then the Developer will identify a solution to offset its impacts and/or restore acceptable operating conditions, and contribute its proportionate share,per subsection X above, of the cost of the improvement to 410 the appropriate government agency. If a proportionate share payment is identified as needed,the owner shall receive road impact fee credits for 100 percent of this contribution. Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 46 of 51 1 XIV. If Owner conveys to County mitigated land for the real property conveyances that are S eligible for impact fee credits described in Subsections III, V, VI and VII of this Article VI, Transportation, then Owner shall be entitled to a transportation impact fee credit for the value of the State and Federal environmental mitigation,as a cost of construction for public facilities. The value of the mitigation shall be a per acre value calculated at the total cost of state and federal mitigation of the environmental impacts including wetland and wildlife impacts divided by the impacted acreage of 718 acres. The total cost of State and Federal mitigation includes land costs for onsite preserves used for mitigation, environmental permitting costs, exotic removal, enhancement of preservation lands, creation of wildlife habitat, hydrological improvements and any mitigation activity required in the Army Corps of Engineers permit and South Florida Water Management District permit for the project in order to address the project's mitigation. State and Federal mitigation does not include County required mitigation. Developer shall provide documentation acceptable to the County to verify this cost. In lieu of transportation impact fee credits for environmental mitigation, the County reserves the right to transfer to Developer or Owner County-owned State or Federal panther and wetlands credits equal to the value of the transportation impact fee credits calculated pursuant to this Subsection XIV. • • Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 47 of 51 i • . _ ..,......_ _ ---, Legend Land Use eCAT STOP/SHELTER •r1`Attraction Trap Proposed CAT Rove 4A 4 44 Ealeneen -&.dress Para or Schaal „,.. —4--Elating CAT Roble 4A d 48 Iiin CormrrcW Q Ede%CAT Ferny 4A mi Preserve Trap X C Exigent)CAT F sway 48 Puck Facades Tract(ENS) V -Estates CAT Roue 7 Ep E Junior NOLO �'Proposedd PeOednan Fea4tiN -Sd8o Fagging Seared Uaa Pad Reaidenrys Trad W J Q Protect SounoaY AI Residential/Medical Use m r OeaoaBode Putitic ROW Rsaervaaon CC " W J O 1 EXISTING CAT ROUTE 7 �(TO MARCO ISLAND) • Proposed i Proposed i AC hiss i i as allalla,. 1111111 i Pedestrian Faaanaee nos DEVELOPER es EaesaWrd NMI AS 'PROPOSED CAT a"wr"d"O'°'Evan if KM Shaun • STOP/SHELTER THE LORD'S WAY �e.as a'd POTENTIAL. CAT STOP/SHELTER PROPOSED r: 4A 848 CAT ROUTE EXTENSION DEVELOPER Ilk Proposed PROPOSED n Aeo AT STOP/SHELTER RATTLESNAKE PROP.RATTLESNAKE HAMMOCK.a HAMMOCK RD.EXT. r-, 7111141 ' "IN "ill ` _ Gk �:, POTENTIAL TANG ' . CAT STOP/SHELTER EXIS CAT ■ . ROUTE 4A 4. i k , , 1,1111\ aewaw Ms �aa 1,-i3 e. r aYprnsl Rea . NMs(Yyyq EXISTING EXISTING EXISTING CAT CAT CAT FACIUTY FACIUTY ROUTE 4A 4A(TYP) 48(TYP) VAT" 1 { &4s , 0 ....._ i a sac ,.aoa DIX/A' I Hacienda Lakes ammr_......._.Fwt ..a & Master Mobility Plan ;, et VII PUBLIC UTILITIES • A. Per the current 2008 Water and Sewer Master Plan Update, the majority area of this project is located within the Collier County Water-Sewer District Boundary; there are some areas of this project that currently are outside of the Collier County Water& Sewer District Boundary. The areas that are not part of Collier County Water-Sewer District also do not belong to any other Water-Sewer District. Since Public Utilities can provide service as requested by this project, Impact Fees will be applied to the entire area to be developed. B. The project shall connect to the CCWSD potable water system at a location to be determined by the CCWSD when capacity is available. C. The project shall connect to the CCWSD wastewater collection and conveyance system at a location determined by CCWSD,when capacity is available. D. This future development is located on the zone of the existing South Hawthorn Wellfield for the wellfield-SCRWTP expansion to 20 MGD. The Rules and Regulations for protection of well fields shall be followed. All well sites and pipeline easements located on and close to this development needs to be shown on all future site development plans, PPL or any other site plans applications. VIII PLANNING A. Prior to the issuance of the first residential Development Order in the Hacienda Lakes MPUD, • the Base TDR Credits and Early Entry TDR Bonus Credits shall be severed and redeemed from all Sending Lands to be preserved within one mile of the Urban Residential Fringe and the filing of executed Limitation of Development Rights Agreement(s)shall occur for these same lands. B. A permanent conservation mechanism, including Limitation of Development Rights Agreement(s), [shall] be attached/applied to all Sending Lands to be preserved beyond one mile of the Urban Residential Fringe prior to final approval of the first Site Development Plan(SDP) for the Hacienda Lakes project. IX SWAMP BUGGY DAYS RECREATION AND SPORTS PARK PUD GENERAL DEVELOPMENT COMMITMENTS The following commitments shall only apply to the Attraction and Junior Deputy Tracts: General Provisions A. All motor racing shall normally be limited to weekends and holidays. No motor racing or practice will commence earlier than 9:00 a.m. and all racing shall be completed no later than l l:00 p.m. B. The shooting and archery ranges shall meet accepted design standards regarding safety and shall be operated and maintained in accordance with accepted safe practices. For security and safety, access to the shooting and archery range areas shall be limited by fencing or other suitable barriers. Hacienda Lakes, PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 49 of 51 • C. Fencing and/or other suitable barriers will be provided on the site by the Owner for security, safety,and traffic control. Roadways and Traffic A. Roadways within the subject property shall be private roadways and shall be maintained by the Owner. Therefore, said roadways shall be constructed and surfaced in accordance with accepted practices and as permitted by the County Engineer. B. For special events such as the Swamp Buggy races, and as deemed necessary by the County Sheriff, the Owner will arrange for special traffic control at the intersection of the main entrance road with CR 951 and Rattlesnake Hammock Road. Utilities and Service Facilities A. The potable water supply source for the project shall be the County regional.water system (now known as the Collier County Water Sewer District). B. Permanent sanitary facilities shall be provided for everyday use by administrative and other personnel. Treatment and disposal of wastewater from said facilities shall be by septic tank/drainfield, or as otherwise permitted by Florida Administrative Code and approved by the appropriate local and/or State regulatory agencies. C. Sanitary facilities for spectators and participants at scheduled events shall consist of portable toilets (provided by a licensed commercial service), or permanent restroom facilities, or both. S Wastewater from any permanent facilities provided for spectator use shall be stored in a buried holding tank of suitable capacity and subsequently removed and disposed of offsite by a licensed commercial service; or as otherwise permitted by Florida Administrative Code and approved by the appropriate local and/or State regulatory agencies. D. Onsite water well or wells may be constructed (as permitted) for flooding of the Swamp Buggy track and other non-potable uses. X DEVELOPMENT OF REGIONAL IMPACT A. One entity(hereinafter the Managing Entity) shall be responsible for PUD and DRI monitoring until close-out of the PUD and DRI, and this entity shall also be responsible for satisfying all PUD/DRI commitments until close-out of the PUD and DRI. At the time of this PUD approval, the Managing Entity is Hacienda Lakes of Naples LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval,the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD and DRI by the new owner and the new owner's agreement to comply with the Commitments through the Managing • Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 50 of 51 1 Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD and DRI are closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD and DR!commitments. CP\10-CPS-01024\119 S Hacienda Lakes,PUDZ-2006-AR-10146 BCC Approved 10/25/11 Page 51 of 51 O E- 1 U 1- O I- g 14 •-- -, < .t...., (...., cx 0 01... XI ii. E CI c:4 LLI o f- MIMI cz LI.) Lo 1— 0 ..... 0 I a. gt < 0 ca (4 z cil 0. cn z >-. w a* E-1 G3 -4 E-4 ..... g CO ... ''' •4.-ii < —a 4 (..*: 4., 8 8 w Z La a. 0. O 4 > cr 0 0 4 a. ca ›. ...) ...1 m t- 0 f‘... Z r,coa ..3 Q VI AR c .- ...) •-• 0 ....1 = C4 Z ..• = g 41) 0 U 43 cd 17.4 C.) cz C4 0 LLI 'GI , = 0 4Ta c73 L1.3 > 0 g Z ow g 0 0 t3d 4. z a. H. i- wa 4 ...) ^ X 0 rx Ell i— til a. .., 0 lit 0 vc i— 6 z ...; 4 0 ,a, ci: LI- t.L.1 I- i- a cz z tn i i Hi • V m C C^ fF- V rw r cia 0 H H a a a v 4 z Q e a -a m cn Z Enc Z H ' • Cil W Oo • (, N Z Q cit f V w OTC >' O a H H o., w F w x 0 2 c4 . .,.. 00 .4 p ,t.... g. w Z • U Gil <t Q s- 1 HACIENDA LAKES PUD • RESIDENTIAL WORKSHEET FOR EACH SDP/PLAT/BUILDING PERMIT TOTAL PROJECT RESIDENTIAL UNITS: 1,760 [ UP TO 1,232 MAY BE MULTI-FAMILY] MANDATED UNITS BY GMP: 17 IN C DISTRICT 13 IN R/MU FROM C 25 IN RMU 55 MANDATED RES UNITS NON-MANDATED UNITS: 1,705 UNITS [UP TO 1,232 MAY BE MULTI-FAMILY IN ENTIRE PUD] REDUCED BY: 1. CARETAKER'S RESIDENCES IN ENTIRE PUD 2. UNITS USED FOR CONVERSION TO RV [UP TO 106 RES UNITS IF 290 RV UNITS ARE DEVELOPED] 1 RES UNIT=2.73 RV UNITS 3. UNITS USED FOR CONVERSION TO SENIOR HOUSING [UP TO 112.50 RES UNITS FOR 450 SENIOR HOUSING UNITS IF DERIVED FROM RESIDENTIAL] 1 RES UNIT=4 SENIOR HOUSING EXCEPT INDEPENDENT LIVING SINGLE FAMILY STYLE UNITS ARE 1 TO 1. AT SDP, DETERMINE WHICH MANDATED RES UNITS OR NON-MANDATED UNITS ARE MULTI-FAMILY AND WHICH ARE SINGLE FAMILY DISTRICTS THAT ALLOW RES: C DISTRICT: 17 RES UNITS (MANDATED) R DISTRICT: RMU DISTRICT: 38 UNITS (MANDATED) CONVERSIONS: TO RV IN RV DISTRICT: DEDUCT: [UP TO 106 RES UNITS IF 290 RV UNITS ARE DEVELOPED] TO SENIOR HOUSING: DEDUCT [UP TO 112.50 IF RES UNITS ARE DERIVED FROM RESIDENTIAL] • TOTAL: 1,760 3of5 HACIENDA LAKES PUD COMMERCIAL WORKSHEET FOR EACH SDP TOTAL PROJECT COMMERCIAL INTENSITY 327,500 RETAIL IN GROSS FLOOR AREA: 70,000 OFFICE 140,000 BP 92,000 HOTEL OF 135 ROOMS BP DISTRICT: (A) 140,000 SF OF GROSS FLOOR AREA OF BP USES; AND IF HOTEL BUILT HERE AND NOT IN C DISTRICT, ADD 92,000 SF OF GROSS FLOOR AREA FOR HOTEL UP TO 135 ROOMS (HOTEL CONVERSION DISAPPEARS) OR IF NO HOTEL IN BP &NO HOTEL IN C, ADD 60,000 SF OF GROSS FLOOR AREA OF BP USES (THIS IS HOTEL CONVERSION) OR (B) PRIVATE OR PUBLIC SCHOOL UP TO 140,000 SF OF GROSS FLOOR AREA (EXCLUDES COLLIER COUNTY SCHOOL DISTRICT PUBLIC SCHOOLS) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * • Ft/MU DISTRICT: UP TO 50,000 SF OF GROSS FLOOR AREA OF MEDICAL-RELATED USES [ALL USES ARE OFFICE USES EXCEPT FOR DRUG STORES AND PROPRIETORY STORES (GROUP 5912) WHICH IS RETAIL] [CHECK APPROVED RETAIL IN TRACT C-CAN'T GO OVER 327,500 SF OF GROSS FLOOR AREA OF RETAIL IN THE ENTIRE PUD] [CHECK OFFICE IN TRACT C-CAN'T GO OVER 70,000 SF OF GROSS FLOOR AREA IN ENTIRE PUD] TRACT C: 327,500 SF OF GROSS FLOOR AREA OF RETAIL; 1. DEDUCT MEDICAL RETAIL APPROVED IN RMU 2. DEDUCT SF OF GROSS FLOOR AREA OF SENIOR HOUSING NOT DERIVED FROM RESIDENTIAL UNITS [MAX 450 SENIOR HOUSING UNITS IN ENTIRE PUD] • 4 of 5 3. UP TO 81,875 SF OF GROSS FLOOR AREA OF RETAIL CAN BE CONVERTED TO OFFICE [=25%OF TOTAL]; AND IF NO HOTEL IN BP & HOTEL CONVERSION NOT USED IN BP,ADD 92,000 SF OF GROSS FLOOR AREA OF HOTEL UP TO 135 ROOMS; AND 70,000 SF OF GROSS FLOOR AREA OF PROFESSIONAL AND GENERAL OFFICE USES 1. DEDUCT UP TO 50,000 SF OF GROSS FLOOR AREA OF PROFESSIONAL AND GENERAL OFFICE IF APPROVED IN RMU DISTRICT CONVERSIONS IN TRACT C: UP TO 25%OF RETAIL CAN BE CONVERTED'CO OFFICE [UP TO 81,875 SF] RETAIL TO `OFFICE ON A ONE-TO-ONE BASIS [UP TO 81,875 SF] RETAIL TO SF SENIOR HOUSING ON A ONE-TO-ONE BASIS [MAY HAVE 450 SENIOR HOUSING UNITS IN ENTIRE PUD] II • 5of5 0 STATE OF FLORIDA) COUNTY OF COLLIER) I 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 2011-41 Which was adopted by the Board of County Commissioners on the 25th day of October, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of •County Commissioners of Collier County, Florida, this 28th day of October, 2011 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of: County Cotnmissio �'' 4 ,` 7"---)/1/ } ---- / t ' .--.1. -ib, 7 z � , rg�ara,<`" By: Martha Ve Deputy Cleilc)4,.F;11..e' .,. i 1 I 1 0 1 HACIENDA LAKES MPUD/DRI INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) PDI-PL20140002801 • SIGN POST AFFIDAVIT & PHOTOS • • SIGN POSTING INSTRUCTIONS (Section 10.03.00,COLLIER COUNTY LAND DEVELOPMENT CODE(LDC) A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs,however these guidelines should not be construed to supercede any requirement of the LDC. For specific sign requirements, please refer to Section 10.03.00 of the LDC. 1. The sign(s)must be erected in full view of the public, not more than five(5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails,staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place,and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed,lost,or rendered unreadable,the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED Alexis Crespo 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 P1.21 4-0002801 I pa 28100 Bonita Grande Drive,Suite 305 ■SIG ATURE 0"APPLICANT OR AGENT STREET OR P.O.BOX Alexis Crespo Bonita Springs,FL 34135 NAME(TYPED OR PRINTED) CITY,STATE ZIP STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this day of?F-C.\)RtP'y ,200115; by PCxc5 C.:ct5 )6 , personally known to me or who produced as identification and who did/did not take an oath. WILLIAM 'ONES'III Signature of Notary Public NOTARY PUBLIC _STATE OF FLORIDA - 1• S 7R*:'.-0 Comm*EE099159 U t �t�tl Otic -{Expires 6/1/2015 Printed Name of Notary Public •My Commission Expires: • (Stamp with serial number) F;\Website\AFFIDAVIT AND SIGN POSTING INSTRUCTIONS 5-2-05.doc HACIENDA LAKES MPUD/DRI INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) PDI-PL20140002801 • 4'' 4 • HACIENDA LAKES MPUD/DRI INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT(PDI) PDI—PL20140002801 • •1 yC NO1 ICE of ...BLIC c. • err . hx,•r� r."' ...,+Kr«.+.-'r +�+f+aW`.wysro..m?tn+*+�i't' 'dt`NMw" .. ''?�'q�!�•+ " ! 10A » Tuesday, February 10,2015 )) NAPLES DAILY'NEWS PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 26th, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. PDI-PL20140002801 - Petitioner, Taylor Morrison of Florida, Inc., requests an insubstantial change to Ordinance No. 11-41,the Hacienda Lakes Mixed Use Planned Unit Development,to reduce the front yard setback for secondary front yards on residential corner lots from 20 feet to 10 feet for the residential development known as Esplanade at Hacienda Lakes.The subject property is located approximately one-half mile east of the intersection of Collier Boulevard (CR 951) and Rattlesnake Hammock Road(CR 864)in Section 23,Township 50 South, Range 26 East, in Collier County, Florida. MAR NOES Or 114MA AR. I H 'B 7 PROJECT IC.R.e., LOCATION 2 it /A LL1 up, zo — 0000L Poun ROAD LAX."IT 28 27 .moo 25 ]0 L "" "" L 0 WM T [ All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the.Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.231123949 February 10,2015 gra EXHIBIT 2(zbl(5 w DR—PL20140002448 HEX 2-26-15 COASTAL BEVERAGE Ann P. Jennejohn From: Reischl, Fred Sent: Thursday, January 29, 2015 3:16 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Lang, Ashley; Kendall, Marcia Subject: Ad Request Attachments: Ad Map DRPL142448(2x3).pdf; Ad Request - signed.pdf; Ad Request.docx Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks! Fred Fred Reischl, AICP Principal Planner Planning & Zoning Department Phone: 239-252-4211 colliergov.net Co er County Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request;do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Thursday,January 29, 2015 3:47 PM To: Minutes and Records; Reischl, Fred Cc: Stone, Scott;Ashton, Heidi Subject: re:Ad Request - Coastal Beverage Attachments: Ad Map DRPL142448(2x3).pdf; Ad Request - signed.pdf;Ad Request.docx The title conforms to the one most recently approved by this office, and the requested run date is appropriate. OK to proceed. 'Wanda Rodriguez, .ACT .advanced Certified ParaCega[ Office of the County.Attorney (239)252-8400 From: ReischlFred Sent: Thursday, January 29, 2015 3:16 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; Patricia L. Morgan; NeetVirginia; RodriguezWanda; LangAshley; KendallMarcia Subject: Ad Request Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks! Fred Fred Reischl, AICP Principal Planner Planning & Zoning Department Phone: 239-252-4211 colliergov.net ` v r i ty Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 January 29, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on February 6, 2015, and furnish proof of publication to the attention of Fred Reischl, Principal Planner in the Planning & Zoning Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference t o tall ws c o A L invoices: DEPARTMENT: PLANNING&ZONING Zoning Services Section FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 / ciaC r, Author°izeed"Dlesignee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,February 26, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104, to consider: PETITION DR-PL20140002448 — Petitioner, Coastal Beverage, LTD., requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks relief from LDC Section 4.02.01 A., Table 2.1, to allow a minimum side yard setback of 24± feet instead of 50 feet for the north property line; from LDC Section 4.06.02 C.4.d, to allow four existing pervious paver parking spaces to encroach 3 feet into the required 10-foot landscape buffer; from LDC Section 4.06.03 B.2, to allow the parking row south of the access point off Commercial Blvd. to have no terminal landscape island instead of one island on each end of the row; from LDC Section 4.06.03 B.2, to allow a parking row without a landscaped island to have 11 parking spaces in one row and 12 spaces in another row instead of a maximum 10 spaces; from LDC Section 4.05.02 L, Table 16, to allow a minimum parking aisle width of 23± feet instead of 24 feet; from LDC Section 4.02.01 B.2, to allow a minimum of 28% of gross area to be devoted to usable open space instead of 30%; from LDC Section 4.02.12 A, to allow a 4-foot screen instead of a 7-foot screen for outdoor storage; and from LDC Section 4.06.02 C, to allow a Type B landscape buffer along Commercial Blvd. and Mercantile Ave. to have a height of 3 feet at planting that is maintained at 4 feet, instead of 5 feet at planting that is maintained at 6 feet, for the Coastal Beverage Facility redevelopment project consisting of 8.24± acres of land, located on the northwest corner of the Livingston Road and Progress Avenue intersection, in Section 36, Township 49 South, Range 25 East, Collier County, Florida. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida AIRPORT-PULLING ROAD (CR.31) E G z -o < N c A' > yy o TK vJC vS N N Os I M` A LIVINGSTON ROAD 00 T O m I z o y n MAPLEWDCO 1 5 A �D !11 W N 2z m O -u O O 9L\ 0 o O n 273 z —I N i o y M m zR 2 5V 4 D m A °y>,. "q LTA C t� ym� k A ANA N Ell D SANTA BARBARA BLVD. Acct #076397 January 30, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: DR-PL20140002448, Coastal Beverage (Display Ad) Dear Legals: Please advertise the above referenced notice (w/Map) on Friday, February 6, 2015 and send Duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500154426 January 30, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map Friday, February 6, 2015, and furnish proof of publication to the attention of the Boards Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida, 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: PLANNING & ZONING Zoning Services Section PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 26, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL 34104 to consider: PETITION DR-PL20140002448 — Coastal Beverage, LTD., requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks relief from LDC Section 4.02.01 A., Table 2.1, to allow a minimum side yard setback of 24± feet instead of 50 feet for the north property line; from LDC Section 4.06.02 C.4.d, to allow four existing pervious paver parking spaces to encroach 3 feet into the required 10-foot landscape buffer; from LDC Section 4.06.03 B.2, to allow the parking row south of the access point off Commercial Blvd. to have no terminal landscape island instead of one island on each end of the row; from LDC Section 4.06.03 B.2, to allow a parking row without a landscaped island to have 11 parking spaces in one row and 12 spaces in another row instead of a maximum 10 spaces; from LDC Section 4.05.02 L, Table 16, to allow a minimum parking aisle width of 23± feet instead of 24 feet; from LDC Section 4.02.01 B.2, to allow a minimum of 28% of gross area to be devoted to usable open space instead of 30%; from LDC Section 4.02.12 A, to allow a 4-foot screen instead of a 7-foot screen for outdoor storage; and from LDC Section 4.06.02 C, to allow a Type B landscape buffer along Commercial Blvd. and Mercantile Ave. to have a height of 3 feet at planting that is maintained at 4 feet, instead of 5 feet at planting that is maintained at 6 feet, for the Coastal Beverage Facility redevelopment project consisting of 8.24± acres of land, located on the northwest corner of the Livingston Road and Progress Avenue intersection, in Section 36, Township 49 South, Range 25 East, Collier County, Florida. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida AIRPORT-PULLING ROAD (C.R.31) jQ7{ iypI 1;1 Q�{ / N < D12 Q o U I. y� i LIVINGSTON ROAD 0 Q m i 1 6� Z MAPLEWOOO 1 z r S> m mg w 9 s UUU o13 I,— ° o F5 Om -1 o Z w N O N y 1N0 Z r SANTA BARBARA BLVD. Ann P. Jennejohn From: Ann P. Jennejohn Sent: Friday, January 30, 2015 2:58 PM To: Naples Daily News Legals Subject: DR-PL20140002784 Display Ad (w/MAP) Attachments: DR-PL20140002448.doc; DR-PL20140002448.doc; DR-PL20140002448.pdf Hi again, Please advertise the attached Notice (w/MAP) on Friday, February 6, 2015. Thank you, Carol. **I forwarded all the proofs you've sent to the County Attorney's Office; I'm just waiting for them to send their approvals. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Wednesday, February 04, 2015 3:27 PM To: Ann P.Jennejohn Subject: #231123945 - CCHEX.Coastal Beverage Proof.020615 Attachments: NDN231123945.CCHEX.Coastal Beverage.020615.pdf Hi Ann! Please provide approval ASAP for publication on 02.06.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidoraNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples Baku ea' iesNcorn PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)at 9:00 A.M.,on Thursday,February 26,2015,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610,Naples, FL 34104 to consider: PETITION DR-PL20140002448-Coastal Beverage,LTD., requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks relief from LDC Section 4.02.01 A., Table 2.1,to allow a minimum side yard setback of 24± feet instead of 50 feet for the north property line; from LDC Section 4.06.02 C.4.d, to allow four existing pervious paver parking spaces to encroach 3 feet into the required 10-foot landscape buffer;from LDC Section 4.06.03 B.2,to allow the parking row south of the access point off Commercial Blvd.to have no terminal landscape island instead of one island on each end of the row;from LDC Section 4.06.03 B.2, to allow a parking row without a landscaped island to have 11 parking spaces in one row and 12 spaces in another row instead of a maximum 10 spaces;from LDC Section 4.05.02 L,Table 16, to allow a minimum parking aisle width of 23±feet instead of 24 feet; from LDC Section 4.02.01 B.2, to allow a minimum of 28% of gross area to be devoted to usable open space instead of 30%;from LDC Section 4.02.12 A,to allow a 4-foot screen instead of a 7-foot screen for outdoor storage;and from LDC Section 4.06.02 C,to allow a Type B landscape buffer along Commercial Blvd.and Mercantile Ave.to have a height of 3 feet at planting that is maintained at 4 feet,instead of 5 feet at planting that is maintained at 6 feet,for the Coastal Beverage Facility redevelopment project consisting of 8.24±acres of land,located on the northwest corner of the Livingston Road and Progress Avenue intersection, in Section 36,Township 49 South, Range 25 East,Collier County,Florida. GREY OAKS NAPLES (ORO JAYCEES COLONADES AT CLUBHOUSE SANTA BARBARA 25 30 29 (C.R.886) GOLDEN GATE ESTATES GOLDEN GATE PARKWAY UNIT 30 GREY OAKS (ORO GOLDEN GATE ESTATES .S UNIT 29 BERKSHIRE p LAKES > (ORO K BRIARW000 32 BERKSHIRE 4 '9- PROGEN O 31 PROJECT LAKES p2 Y (ORO m6 o COMMERCE LOCATION d LANE 2 y r A / PARK J RADIO ROAD (C.R.856) y All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the.testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida No.231123945 February 6.2015 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Thursday, February 05, 2015 8:29 AM To: Ann P. Jennejohn; Reischl, Fred Subject: RE: NDN Proof Coastal Beverage February 26 HEX (DR-PL20140002448) The ad is good. Wanda Rodriguez, ACT Advanced Certified Paralegal Office of the County Attorney (239)252-8400 From: Ann P. Jennejohn [mailto:Ann.Jennejohn©collierclerk.com] Sent: Wednesday, February 04, 2015 4:01 PM To: ReischlFred; RodriguezWanda Subject: NDN Proof Coastal Beverage February 26 HEX (DR-PL20140002448) Hi there, The proof for Coastal Beverage Petition (bR-PL20140002448) that will be advertised this Friday, February 6 for the February 26th HEX Meeting is attached for your review and approval and/or changes. Please look it over and let me know if I can give NDN the "O.K." a.s.a.p. I'll be sending the proof for the Capri Christian Church Petition in just a minute. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) From: Polidora, Carol [mailto:cpolidora @naDlesnews.com] Sent: Wednesday, February 04, 2015 3:27 PM 1 Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Thursday, February 05, 2015 10:47 AM To: Ann P.Jennejohn Subject: RE: #231123945 - CCHEX.Coastal Beverage Proof.020615 Thanks! Released... Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidoraaNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Fgaptes P i1 s z corn From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Sent: Thursday, February 05, 2015 9:53 AM To: Polidora, Carol Subject: RE: #231123945 - CCHEX.Coastal Beverage Proof.020615 Looks great Carol, please publish tomorrow, February 6, 2015. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Wednesday, February 04, 2015 3:27 PM To: Ann P. Jennejohn Subject: #231123945 - CCHEX.Coastal Beverage Proof.020615 Hi Ann! Please provide approval ASAP for publication on 02.06.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)at 9:00 A.M.,on Thursday,February 26,2015,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples,FL 34104 to consider: PETITION DR-PL20140002448–Coastal Beverage,LTD., requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks relief from LDC Section 4.02.01 A., NAPLES DAILY NEWS Table 2.1, to allow a minimum side yard setback of 24± feet instead of 50 feet for the north Published Daily property line; from LDC Section 4.06.02 C.4.d, to allow four existing pervious paver parking Naples,FL 34110 spaces to encroach 3 feet into the required 10-foot landscape buffer;from LDC Section 4.06.03 B.2,to allow the parking row south of the access point off Commercial Blvd.to have no terminal landscape island instead of one island on each end of the row;from LDC Section 4.06.03 B.2, Affidavit of Publicati( to allow a parking row without a landscaped island to have 11 parking spaces in one row and 12 spaces in another row instead of a maximum 10 spaces;from LDC Section 4.05.02 L,Table State of Florida 16, to allow a minimum parking aisle width of 23±feet instead of 24 feet; from LDC Section Counties of Collier and Lee 4.02.01 B.2, to allow a minimum of 28% of gross area to be devoted to usable open space instead of 30%;from LDC Section 4.02.12 A,to allow a 4-foot screen instead of a 7-foot screen for outdoor storage;and from LDC Section 4.06.02 C,to allow a Type B landscape buffer along Before the undersigned they serve as t Commercial Blvd.and Mercantile Ave.to have a height of 3 feet at planting that is maintained at appeared Daniel McDermott who one 4 feet,instead of 5 feet at planting that is maintained at 6 feet,for the Coastal Beverage Facility redevelopment project consisting of 8.24±acres of land,located on the northwest corner of the Inside Sales Manager of the Naples D• Livingston Road and Progress Avenue intersection, in Section 36, Township 49 South, Range newspaper published at Naples, in Co 25 East,Collier County,Florida. distributed in Collier and Lee counties GREY OAKS attached copy of the advertising, bein: (DRI) NAPLES JAYCEES COLONADES AT CLUBHOUSE SANTA BARBARA R T TT 25 30 29 PUBLIC NOTICE GOLDEN O.R.E88) GOLDEN GATE ESTATES GATE PARKWAY GREY OAKS (DRI) GOLDEN GATE ESTATES UNIT 29 in the matter of PUBLIC NOTICE I� BERKSHIRE was published in said newspaper 1 ti o BERKSHIRE on February 6, 2015. Z M 2 BRIAFWGGD 32 n U 36 0 31 PROJECT BELA E KES ¢ PROGENY O op (DRI) m O v CENTER N 3 LOCATION F _ Affiant further says that the said Nal LANE _ — K PARK ) Q Z published at Naples, in said Collier Cc Ell RADIO ROAD `CR 856) N newspaper has heretofore been contini All interested parties are invited to appear and be heard. All materials used in presentation County, Florida; distributed in Collier before the Hearing Examiner will become a permanent part of the record. each day and has been entered as secoi Copies of staff report are available one week prior to the hearing. The file can be reviewed at the office in Naples, in said Collier Count Collier County Growth Management Division,2800 North Horseshoe Drive, Naples,FL. year next preceding the first publicati( The Hearing Examiner's decision becomes final on the date rendered. If a person decides to advertisement; and affiant further says appeal any decision made by the Collier County Hearing Examiner with respect to any matter promised any person, firm or corporaf considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which commission or refund for the purp e se record includes the testimony and evidence upon which the appeal is to be based. publication in the said news. •er. 0 If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please M �� contact the Collier County Facilities Management Department located at 3335 Tamiami Trail (Signa of affiant) East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the I) meeting. Mark Strain, SlkOrn to an. sub r bed before me Chief Hearing Examiner Collier County, Florida This 13th day of .ebru.ry, 2015 to t i — ( •Signature of notary public) "''" ./? p_� CARU11 ,. 4,1%' `*% Notary Public-State •J Commission # FF 185o .. ,:s —;11 My Comm.Expires Dec 28,201c "" eandldthrough National Notary Assn. OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez,ACP DATE: March 6, 2015 RE: Hearing Examiner Decision(s) from February 26, 2015. Attached are four signed HEX decisions from the Hearing Examiner hearing on February 26, 2015. HEX No. 2015-06 will be transmitted at a later date. Attachments: HEX No. 2015 —04 HEX No. 2015 —05 HEX No. 2015 —07 HEX No. 2015 —08 [05-00A-01253/813782/1]744 HEX NO. 2015—07 HEARING EXAMINER DECISION PETITION DR-PL20140002448 — Petitioner, Coastal Beverage, LTD., requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks relief from LDC Section 4.02.01 A., Table 2.1, to allow a minimum side yard setback of 24± feet instead of 50 feet for the north property line; from LDC Section 4.06.02 C.4.d, to allow four existing pervious paver parking spaces to encroach 3 feet into the required 10-foot landscape buffer; from LDC Section 4.06.03 B.2, to allow the parking row south of the access point off Commercial Blvd. to have no terminal landscape island instead of one island on each end of the row; from LDC Section 4.06.03 B.2, to allow a parking row without a landscaped island to have 11 parking spaces in one row and 12 spaces in another row instead of a maximum 10 spaces; from LDC Section 4.05.02 L, Table 16, to allow a minimum parking aisle width of 23± feet instead of 24 feet; from LDC Section 4.02.01 B.2, to allow a minimum of 28% of gross area to be devoted to usable open space instead of 30%; from LDC Section 4.02.12 A, to allow a 4-foot screen instead of a 7-foot screen for outdoor storage; and from LDC Section 4.06.02 C, to allow a Type B landscape buffer along Commercial Blvd. and Mercantile Ave. to have a height of 3 feet at planting that is maintained at 4 feet, instead of 5 feet at planting that is maintained at 6 feet, for the Coastal Beverage Facility redevelopment project consisting of 8.24± acres of land, located on the northwest corner of the Livingston Road and Progress Avenue intersection, in Section 36, Township 49 South, Range 25 East, Collier County,Florida. DATE OF HEARING: February 26, 2015. STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 10.02.03.F.7 of the Land Development Code has been met and the petition is approved. ANALYSIS: This property was originally developed in the early 1990's; subsequent to the initial development, Livingston Road corridor was created adjacent to this property's eastern boundary. The additional roadway resulted in the property having three frontages. The remaining side that is not fronted on a street is adjacent to an existing FP&L utility corridor; this side is the subject of a deviation to reduce the setback distance for expansion of an existing building. While it is practical to consider the remaining side a rear yard because of the multiple frontages and building orientation, the Land Development Code considers this a side yard and thus an initial greater setback is required. Additional deviations reflect conditions of the original development from the 1990's. One member of the public attended and after clarification offered no objection and no letters of objection have been received. [14-CPS-01395/1150952/1132 Page 1 of 3 DECISION: The Hearing Examiner hereby approves Petition Number DR-PL20140002448, filed by Margaret Emblidge, AICP of RWA, Inc., representing Coastal Beverage, Ltd., for a site plan with deviations for redevelopment for the property described in Exhibit "A", as follows: 1. A deviation from LDC Section 4.02.01 A., Table 2.1, to allow a minimum side yard setback of 24+ feet instead of 50 feet for the north property line; and 2. A deviation from LDC Section 4.06.02 C.4.d to allow four existing pervious paver parking spaces to encroach 3 feet into the required 10-foot landscape buffer; and 3. A deviation from LDC Section 4.06.03 B.2, to allow the parking row south of the access point off Commercial Blvd. to have no terminal landscape island instead of one island on each end of the row; and 4. A deviation from LDC Section 4.06.03 B.2, to allow a parking row without a landscaped island to have 11 parking spaces in one row and 12 spaces in another row instead of a maximum 10 spaces; and 5. A deviation from LDC Section 4.05.02 L, Table 16, to allow a minimum parking aisle width of 23± feet instead of 24 feet; and 6. A deviation from LDC Section 4.02.01 B.2, to allow a minimum of 28% of gross area to be devoted to usable open space instead of 30%; and 7. A deviation from LDC Section 4.02.12 A, to allow a 4-foot screen instead of a 7-foot screen for outdoor storage; and 8. A deviation from LDC Section 4.06.02 C, to allow a Type B landscape buffer along Commercial Blvd. and Mercantile Ave. to have a height of 3 feet at planting that is maintained at 4 feet, instead of 5 feet at planting that is maintained at 6 feet. These deviations are shown in the Deviations Detail attached as Exhibit "B," and are subject to the conditions set forth below. This decision does not constitute approval of the site plan. ATTACHMENTS: Exhibit A—legal description Exhibit B —Deviations Detail LEGAL DESCRIPTION: See Exhibit A. CONDITIONS: 1. The landscape plan shall indicate a group of seven holly trees in the northeast quadrant of the site in a line-of-sight between Livingston Road and the proposed expansion. 2. The access point on Commercial Drive must remain (with signs so indicating) as an egress only access point. 3. The height of the building expansion subject to the reduced setback shall not exceed the height noted on the plans for Site Development Plan Amendment for Coastal Beverage Facility Expansion, dated September, 2014, revised 11/18/14. [14-CPS-01395/1150952/1]32 Page 2 of 3 APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. — - '4 s 20�� V Date Maik Strain, H-.ring Examiner Approved as to form and legality: Sco A. Stone ir Assistant County Attorney [14-CPS-01395/1150952/1]32 Page 3 of 3 Page 4 of 4 December 23,2014 Exhibit"A" The land referred to herein below is situated in the County of Collier,State of Florida,and is described as follows: Parcel 1: All that part of the northeast 1/4 of Section 36,Township 49 South, Range 25 East,Collier County, Florida,being more particularly described as folows: Commencing at the northeast corner of said Section 36; thence along the east line of said Section 36 South 00°-00'-36"East 730 feet to the POINT OF BEGINNING of the parcel herein described; thence continuing along the east line of said Section 36 South 00°-00'-36" East 570.29 feet to the northeast corner of that parcel described in deed recorded in O.R. Book 1278,Page 1207 and 1208, Collier County Public Records; thence along the north line of said deed South 89°-21'-02"West 450.00 feet; thence North 00°-tl0'-27"West 382.29 feet; thence North 89°-21'-02"East 25.00 feet; thence North 00°-00'-27"West 186.20 feet; thence North 89°-06'-30"East 425.00 feet to the Point of Beginning of the parcel herein described. LESS AND EXCEPTING the South 30.00 feet. Parcel 2: All that part of the northeast 1/4 of Section 36, Township 49 South,Range 25 East,Collier County, Florida, being more particularly described as follows: Commencing at the northeast corner of said Section 36; thence along the east line of said Section 36 South 000-00'-36"East 730.00 feet; thence leaving said line South 89°-06'-30"West 425.00 feet to the POINT OF BEGINNING of the Out Lot herein described; thence South 00°-00'-27" East 186.20 feet; thence South 89°-21'-02'West 25.00 feet; thence North 00°-00'-27"West 186.10 feet; thence North 89°-06'-30"East 25.00 feet to the Point of Beginning of the Out Lot herein described. Northern Trust Bank Building 14001 Tamiaml Trail North,Suite 300,Naples,Florida 341031239.4353535'fax 239.435.1218 www•q'klawfum.com Page 5 of 5 December 23,2014 Parcel 3: All that part of the Northeast 1/4 of Section 36,Township 49 South, Range 25 East,Collier County, Florida being more particularly described as follows: Commencing at the northeast corner of said Section 36; thence along the north line of said Section 36,South 89°-06'-30"West 689.71 feet; thence leaving said north line South 00'-38'-58"East 636.80 feet to the POINT OF BEGINNING of the parcel herein described; thence North 89°-21'-02"East 172.59 feet; thence South 000-00'-36"East 92.40 feet; thence North 89°06'30"East 60.00 feet; thence South 00°-00'-27"East 186.10 feet; thence South 89°-21'02"West 206.59 feet; thence North 05°-21'-05"West 279.17 feet to the Point of Beginning of the parcel herein described. Parcel 4: All that part of the northeast 1/4 of Section 36,Township 49 South,Range 25 East,Collier County, Florida,being more particularly described as follows: Commencing at the northeast corner of said Section 36; thence along the east line of said Section 36 South 00°-00'-36"East 1300.29 feet to the northeast corner of that parcel described in deed recorded in O.R. Book 1278, Page 1207 and 1208,Collier County Public Records; thence along the north line of said deed South 89°-21'-02"West 450.00 feet to the POINT OF BEGINNING of the parcel herein described; thence continuing along said north line South 89°-21'-02"West 141.04 feet; thence North 00°-01'-50"West 1.92 feet; thence South 89°-21'-02"West 30.00 feet; thence North 05°-21'-05"West 381.63 feet; thence North 89°-21'-02"East 206.59 feet; thence South 00°-00'-27"East 382.29 feet to the Point of Beginning of the parcel herein described. Northern Trust Bank Building 14001 TamiamiTrail North,Suite 300,Naples,Florida 341031239.4353535'fax 239.435.1218 l www.cyklawfirm.com Exhibit B Page 1 of 2 GO 15' TYPE "B" 1 BUFFER MERCANTILE AVE 30' ROAD I I (60'ROW) _ — — — EASEMENT (PUBLIC) __ ------- "" 10' UTILITY EASEMENT (i i__ - 1` INDUSTRIAL FPL CORRIDOR I 5' TYPE "A" BUFFER r HOLLY TREES I ,i�,�, 5' TYPE PER 1 I I II 110' JAN°} —� A„ D1 10t .i e UTILITY „o.. BUFFER - __—__—_.7,17]._ EXISTING I /�'� 11"'rA1S�t11ENT— _ ' F� �� II I CHAIN LINK I 1 III ' ■ 11) I „; FENCE • W/BARBED 1 1 QI ' 14 b WIRE 1 1 - COO1 1 1 1 n I r---.4.1(33.3 I I SIDE 1 1 1 1 I. FOUNDATION 1 YARD I I PLANTINGS 15' TYPE—x.11 I'"- I I PER D2 1 I I. BUFFER II 15' TYPE I 1 1 1 BUFFER ■ I II ` I Q`om Z $441 I I. z a Cc O% I I © �I •I ) �� ADDITIONAL I > ) �It , , D *� TREES I a o r �1�1 \ PER D4 I x EX PERVIOUS 1 , 1 PAVERS 1 I I 1 I ' ` 33.8 ONE TREE 1 ,I ,1, I — — — — I SIDE PER 04 1 1 1 � 3t• ! (al I L_ I YARD I 1 nal I PROJECT I ,I 1 __— — D I� BOUNDARY :I m0� ! 23 I Q • I , 1 23' / / I i let- -VW � I d - t_ z W _ J 10' TYPE "D" BUFFER — _ �— PROGRESS AVE. 4' HEDGE \, (60'ROW)(PUBLIC) PER D2 CDC) INDUSTRIAL 0 50 100 200 LEGEND: 0- DEVIATION SCALE: 1" = 100' El-MITIGATION FOR DEVIATION January 27. 2015 2:32 PM K\2006\060036.01.00 Coo.tol Beveroge Focdlty Exponslon\0007 Civil Engineering Design k Construction Plana\REV-00\EXHIBIT—DEVIATION —22 JAN 2015.Owg es+a ww a.,r a..e.sLnr zao F we•.Fvwx,W (COASTAL BEVERAGE,LTD. COASTAL BEVERAGE 10301 W' 's,u..... 4747 PROGRESS AVE. FACILITY EXPANSION lN01qIMIN0 Fbre•EB] '.re W 3 '° 4• A REVISED PER STAFF COMMENTS 00E0 AMC 15.2015 OLD PV 1/22/15 a,,,m DEVIATION EXHIBIT W/u ". I.IOO . .. 2x `REV I RENSION ea, oea® eo ` BEJ Isr. DLO ...,.� • SB.01.00 ESNIBIT-oMAT10N I e1 2� Exhibit B DEVIATIONS: Page 2 of 2 D1 DEVIATION #1 SEEKS RELIEF FROM LDC, SECTION 4.02.01.A TABLE 2.1 FOOTNOTE E. REGARDING DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS TO ALLOW A MINIMUM SIDE YARD SETBACK OF +/-24 FT. ALONG THE NORTHERN PROPERTY LINE, INSTEAD OF THE REQUIRED 50 FT. SETBACK. D2 DEVIATION #2 SEEKS RELIEF FROM LDC 4.06.02.0 .4 "TABLE OF BUFFER YARDS," "ALTERNATIVE D," WHICH REQUIRES A 10-FOOT WIDE TYPE D BUFFER, TO ALLOW THE EXISTING FOUR PERVIOUS PAVER PARKING SPACES LOCATED AT THE SOUTHEAST CORNER OF THE SUBJECT PROPERTY TO ENCROACH INTO THE BUFFER YARD BY +/- 3 FEET AND THE PROPOSED PARKING AREA AT NORTHWEST CORNER TO ENCROACH IN THE BUFFER YARD BY +/- 5 FEET. 0 DEVIATION #3 SEEKS RELIEF FROM LDC SECTION 4.06.03.B.2 "STANDARDS FOR LANDSCAPING IN VEHICULAR USE AREAS," WHICH REQUIRES THAT ALL ROWS OF PARKING SPACES SHALL BE BORDERED ON EACH END BY A TERMINAL LANDSCAPE ISLAND MEASURING INSIDE THE CURB NOT LESS THAN EIGHT FEET IN WIDTH TO ALLOW NO LANDSCAPE ISLAND FOR THE ROW OF PARKING SOUTH OF THE ACCESS POINT ON COMMERCIAL BOULEVARD. THE DEVIATION WILL ALLOW THE EXISTING PARKING SPACES AND DRIVE ISLE CONFIGURATION FOR THAT AREA. 0 DEVIATION #4 SEEKS RELIEF FROM LDC, SECTION 4.06.03.B.2 "STANDARDS FOR LANDSCAPING IN VEHICULAR USE AREAS," WHICH REQUIRES ALL ROWS OF PARKING SPACES TO CONTAIN NO MORE THAN TEN PARKING SPACES WITHOUT A REQUIRED LANDSCAPED ISLAND, IN ORDER TO ALLOW THE EXISTING 11 PARKING SPACES LOCATED IN THE PARKING AREA LOCATED NEAR THE SOUTHWEST CORNER OF THE SUBJECT PROPERTY AND THE 12 PARKING SPACES (INCLUDING 5 PERVIOUS PAVER PARKING SPACES) LOCATED IMMEDIATELY SOUTH OF THE COMMERCIAL BOULEVARD EXIT. 0 DEVIATION #5 SEEKS RELIEF FROM LDC, SECTION 4.05.02.L TABLE 16 REGARDING DESIGN STANDARDS FOR PARKING, MINIMUM AISLE WIDTH TO ALLOW A MINIMUM PARKING AISLE WIDTH OF +/-23 FEET INSTEAD OF THE REQUIRED 24 FOOT PARKING AISLE WIDTH FOR THE EXISTING PARKING AREA ON THE SOUTHWEST CORNER OF THE SUBJECT PROPERTY. 0 DEVIATION # 6 SEEKS RELIEF FROM LDC, SECTION 4.02.01.B.2 WHICH REQUIRES AT LEAST 30 PERCENT OF THE GROSS AREA SHALL BE DEVOTED TO USABLE OPEN SPACE TO ALLOW A MINIMUM OF +/-28% OF USEABLE OPEN SPACE. 0 DEVIATION #7 SEEKS RELIEF FROM BOTH LDC, SECTION 4.02.12.A DESIGN STANDARDS FOR OUTDOOR STORAGE THAT REQUIRES A 7' SCREEN TO ALLOW A 4' SCREEN. 0 DEVIATION #8 SEEKS RELIEF FROM LDC SECTION 4.06.02.C.2 "TABLE OF BUFFER YARDS," "ALTERNATIVE B," WHICH REQUIRES A 5' SCREEN AT PLANTING THAT IS MAINTAINED AT 6', TO ALLOW A 3' SCREEN AT PLANTING THAT IS MAINTAINED AT 4' ALONG COMMERCIAL BOULEVARD AND MERCANTILE AVENUE. Jonuory 27. 2015 2:32 PM K:\2006\060038.01.00 Casette Beverage Facility Erponson\0007 Civil Engineering Design&Construction Pions\REV_00\EXHIBIT-OEVLAT10N -22 JAN 2015.dwg sso Na,n on.e snr zoo aw..FA N COASTAL BEVERAGE,LTD. COASTAL BEVERAGE °°'aF (279)507-Q578 4747 PROGRESS AVE. FACILITY EXPANSION ENGINEERING` Fes"X=ie eee'"n'' ,,.. `aC A RENSED PER STAEE COMMENTS DATED JAN. 15.7015 DLG w V77/IS usueu loree DEVIATION EXHIBIT LEGEND /��/'� n:ry '� ..ate RE `REV/ REVISION woe aeon art BEJ DLO p600380100 E%HBl-pEVNnON 12 0l 2, AGENDA ITEM 4-C Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT HEARING DATE: FEBRUARY 26, 2015 SUBJECT: DR-PL20140002448 COASTAL BEVERAGE SITE PLAN WITH DEVIATIONS PROPERTY OWNER/AGENT: OWNER: AGENT: Coastal Beverage, LTD. Patrick Vanasse,AICP 4747 Progress Avenue RWA, Inc. Naples, FL 34104 6610 Willow Park Drive, Suite 200 Naples,FL 34109 GEOGRAPHIC LOCATION: The subject property, consisting of 8.24± acres, is located at 4747 Progress Avenue and is located in the northwest corner of the intersection of Progress Avenue and Livingston Road. REQUESTED ACTION: The applicant requests eight deviations from the Land Development Code for the expansion/redevelopment of the Coastal Beverage site which contains offices, a warehouse, and distribution facilities. Only one requested deviation (Deviation 1) results from the proposed expansion. The others are to retain existing conditions which no longer meet code, or to reduce the effect of aspects of new code requirements. The requested deviations are: 1) relief from LDC Section 4.02.01 A., Table 2.1, to allow a minimum side yard setback of 24± feet instead of 50 feet for the north property line; 2) from LDC Section 4.06.02 C.4.d, to allow four existing pervious paver parking spaces to encroach 3 feet into the required 10-foot landscape buffer; 3) from LDC Section 4.06.03 B.2, to allow the parking row south of the access point off Commercial Blvd. to have no terminal landscape island instead of one island on each end of the row; Site Plan with Deviations DR-PL2010002448 Page 1 of 9 EXHIBIT Coastal Beverage yG A ■ _ ; ig" Z 11;11°o° o°� . o o - e°oep0A W N 1 = doN4Q0 a � oOe. vv4 � � _ — . �� , eo� o 004 0° �`Adoo s4 , MI k.r■! i k i a ° r t, �vA ©q �' d�� 0004 5 . ©��©� veoo es . —.— ^ ! PAa000NOINWg0� op oaoie Q ...... ' - - -o- -I A , *Mill. . 2 1oA-- y� AA OWN Malml■M 0 ■ Z" r r • • O • LiimilommiMill• ' O a ■ NJ • • • - - st ■ t 111115 1131104 ; - HO i - - - . i i co I . 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IOY..YV1i _ �- ' F B rA_ e e f , ;' A . a R r 6 R -_ —Y o gg , rit g i Kt $ -°° a t __ Z p 9111 ..� 0 Q il A 9� ill R $i h I ,i _ � s, _ II y9 ' ----' ` 11 11 4 i fir .rs • _z iii n q t r _ g ;a.a�r,.c.w i9 L ! �7/ 4• 1 i _ ■ 4) from LDC Section 4.06.03 B.2, to allow a parking row without a landscaped island to have 11 parking spaces in one row and 12 spaces in another row instead of a maximum of 10 spaces; 5) from LDC Section 4.05.02 L, Table 16, to allow a minimum parking aisle width of 23+ feet instead of 24 feet; 6) from LDC Section 4.02.01 B.2, to allow a minimum of 28% of gross area to be devoted to usable open space instead of 30%; 7) from LDC Section 4.02.12 A, to allow a 4-foot screen instead of a 7-foot screen for outdoor storage; and 8) from LDC Section 4.06.02 C, to allow a Type B landscape buffer along Commercial Blvd. and Mercantile Ave. to have a height of 3 feet at planting that is maintained at 4 feet, instead of 5 feet at planting that is maintained at 6 feet. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Existing office, warehouse and distribution facility; zoned 1 SURROUNDING: North: FPL easement, across which are industrial buildings; zoned I East: Livingston Road ROW, across which are single-family homes; zoned Briarwood PUD South: Progress Avenue ROW, across which is an industrial use; zoned I West: Commercial Boulevard ROW, across which are industrial buildings; zoned I li ' Y * 5 i 1; ' 4"-ra--11/1 '4, . P' Mi n' -'1 Wil � . :7-„- - .y"► y ■ , ' ' •� , If r 4 t Subject Site(CCPA) Site Plan with Deviations DR-PL2010002448 Page 3 of 9 Coastal Beverage I r ^: -- _� r • s an View of FPL easement and north façade of Coastal Beverage(Google Street View) APPLICANT'S JUSTIFICATION FOR REQUESTED DEVIATIONS: The applicant has provided a List of Requested Deviations and Justifications which provides more detail than the summary below. Deviation 1 — A deviation from LDC Section 4.02.01 A., Table 2.1, to allow a minimum side yard setback of 24±feet instead of 50 feet for the north property line. The LDC states that the total of all side yards in the I district is required to be 20 percent of the lot width with a maximum of 50 feet. The size of the subject lot requires the maximum: 50 feet. For a traditional rectangular lot, this requirement may be distributed between both side yards. In the case of the subject lot, because of three road frontages, there is only one side yard and, therefore,the single side-yard is required to be 50 feet. The applicant wishes to expand north into the side yard and therefore seeks a deviation that will reduce the total side setback to 24 feet. Deviation 2 — A deviation from LDC Section 4.06.02 C.4.d, to allow four existing pervious paver parking spaces to encroach 3 feet into the required 10-foot landscape buffer. This is an existing condition that the applicant would like to legally continue with the new Site Development Plan(SDP). Site Plan with Deviations DR-PL2010002448 Page 4 of 9 Coastal Beverage Deviation 3—A deviation from LDC Section 4.06.03 B.2, to allow the parking row south of the access point off Commercial Blvd. to have no terminal landscape island instead of one island on each end of the row. This is an existing condition that the applicant would like to legally continue with the new SDP. Deviation 4 — A deviation from LDC Section 4.06.03 B.2, to allow a parking row without a landscaped island to have 11 parking spaces in one row and 12 spaces in another row instead of a maximum 10 spaces. This is an existing condition that the applicant would like to legally continue with the new SDP. Deviation 5 —A deviation from LDC Section 4.05.02 L, Table 16, to allow a minimum parking aisle width of 23± feet instead of 24 feet. This is an existing condition that the applicant would like to legally continue with the new SDP. Deviation 6— A deviation from LDC Section 4.02.01 B.2, to allow a minimum of 28% of gross area to be devoted to usable open space instead of 30%. The subject site, as it currently exists, consists of 22 percent open space. The amended site plan proposes 28 percent open space, which is an increase, but does not meet the LDC requirement of 30 percent. Deviation 7—A deviation from LDC Section 4.02.12 A, to allow a 4-foot screen instead of a 7- foot screen for outdoor storage. The applicant proposes a 3-foot reduction in the required screen in order to enhance visibility to the Sheriff's patrol cars since inventory is stored outside prior to delivery. This is consistent with Crime Prevention Through Environmental Design(CPTED)principles. Deviation 8 — A deviation from LDC Section 4.06.02 C, to allow a Type B landscape buffer along Commercial Blvd. and Mercantile Ave. to have a height of 3 feet at planting that is maintained at 4 feet, instead of 5 feet at planting that is maintained at 6 feet. The applicant proposes a 2-foot reduction in the required planting in order to enhance visibility to the Sheriff's patrol cars since inventory is stored outside prior to delivery. This is consistent with Crime Prevention Through Environmental Design(CPTED)principles. STAFF ANALYSIS: Deviations 2 through 5 reflect existing conditions that the applicant would like to retain as previously developed. Deviation 6 (open space) is an improvement on the existing condition, but still does not meet the LDC requirement. Deviations 7 and 8 are requests to reduce the height of screening required by today's code to allow greater visibility of outdoor storage by Sheriff's patrol cars. Site Plan with Deviations DR-PL2010002448 Page 5 of 9 Coastal Beverage The previous deviations are all related to existing conditions; however, Deviation 1 results from the proposed building expansion. Currently the site has only one side yard (north) and therefore, that side yard is required to be 50 feet. The applicant has requested a deviation to reduce that setback to 24 feet. As shown in the photo below, Livingston Road was not constructed until after 1999; therefore the site had two side yards because it only fronted two streets. Fy R P1: J frialib c{,s+ r-rccress Ave . , • k • r igt; w r Aerial- 1999(Google Earth) Prior to road construction, the applicant had a reasonable expectation that the total side yard of 50 feet could be apportioned between the two side yards. Currently, the closest distance from the building to the eastern property line (Livingston Road ROW) is 33.34 feet. If that were still a side yard, then the northern setback could be 16.66 feet (50 — 33.34 = 16.66). The applicant is requesting a setback of 24 feet, greater than what would have been required if Livingston Road did not exist. Staff has reviewed the request against the established criteria for a Site Plan with Deviations under LDC Section 10.02.03.F.7, and provides the following analysis. 1. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. There is no density associated with this redevelopment; this office /warehouse/distribution facility is a permitted use in the I zoning district. Site Plan with Deviations DR-PL2010002448 Page 6 of 9 Coastal Beverage 2. The proposed development is consistent with the Growth Management Plan (GMP). There are no GMP issues associated with this Site Plan with Deviations. 3. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. The redevelopment will permit the applicant to maintain and expand the existing business without moving off site,. 4. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. The applicant recently redesigned the facility to keep the office/warehouse/distribution function on the subject site,while moving the fuel/repair portion of the business off site. 5. Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural features, vehicular parking and loading facilities, sight distances, landscaping and buffers shall be appropriate for the particular use involved. Except for the deviations requested in this application, the amended SDP shall meet the requirements of the LDC. 6. Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. The site shall be required to meet all LDC requirements, except for the requested deviations. In addition, the applicant has proposed planting holly trees in the line-of- sight from Livingston Road to the expansion. 7. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. The site is under one ownership.. 8. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Staff believes that the deviations are clearly delineated and that they are the minimum required to achieve the desired goal. Site Plan with Deviations DR-PL2010002448 Page 7 of 9 Coastal Beverage 9. The petitioner has provided enhancements to the development. In order to "soften" any perceived encroachment into the side yard, the applicant has proposed a cluster of hollies to be planted in the northeast quadrant of the site, between the expansion and the Livingston Road ROW. 10.Approval of the deviation will not have an adverse effect on adjacent properties. Staff believes that the requested deviations will not have an appreciable effect on adjacent properties. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for DR-PL20140002448 on February 9, 2015. SAS STAFF RECOMMENDATION: Staff recommends approval of the Site Plan with Deviations for Coastal Beverage (DR- PL20140002448)with the following conditions: a. The landscape plan shall indicate a group of seven holly trees in the northeast quadrant of the site in a line-of-sight between Livingston Road and the proposed expansion. b. The driveway connection on Commercial Drive must remain (and be signed) as egress-only. Site Plan with Deviations DR-PL2010002448 Page 8 of 9 Coastal Beverage PREPARED BY: ra. — FRhD I EISCHL,AICP,PRINCIPAL PLANNER DATE PLANNING&ZONING DEPARTMENT REVIEWED BY: RAY [3" .LOWS,ZONING MANAGER DATE PLANNING&ZONING DEPARTMENT 2- /2- /.1— MIKE BOSI, AICP, DIRECTOR DATE PLANNING& ZONING DEPARTMENT Site Plan with Deviations DR-PL2010002448 Page 9 of 9 Coastal Beverage O Omitik ENGINEERING February 10,2015 Mr.Fred Reischl,AICP Senior Planner Growth Management Division 2800 N.Horseshoe Drive Naples,FL 34104 Subject: Site Plan with Deviations for Redevelopment Coastal Beverage Facility Expansion PL20140000283 Dear Mr. Reischl: RWA, Inc. is pleased to submit, on behalf of our client, Coastal Beverage, LTD., the following documents to be include in the Hearing Examiner public hearing packet. The following documents reflect revisions to certain documents that were made as part of review staff comments. 1. Two(2)copies of this Cover Letter; 2. Two(2)copies of the Revised Narrative; 3. Two(2)copies of the Revised Site Plan with Deviations Application; • 4. Two(2)copies of the Revised List of Requested Deviations and Justifications; 5. Two(2)copies of the Revised Deviation Exhibit; 6. Two(2)copies of the Pre Application SDPA Meeting Notes; 7. Two(2)copies of the Affidavit of Authorization,signed and notarized; 8. Two(2)copies of the Sunbiz Documentation; 9. Two(2)copies of the Recorded Deed; 10. Two(2)copies of the Resolution No.99-179; 11. Two(2)copies of the Revised SDPA Plans; 12. Two(2)copies of the Revised Title Opinion; 13. One(1)CD containing electronic files of documents noted above. if you have any questions or need any additional information,please contact me at(239)597-0575. Sincerely, RWA,Inc. Patrick Vanasse,AICP Director of Planning Enclosures e r Matt Mast • File—060038.01.00 6610 Willow Park Drive Suite 200 Naples,FL 34109 I (239)597-0575 I Fax(239) 597-0578 www.consult-rwa,com K\2000060038 El 00 Coastal Beverage facility Expansion\0005 Site Plan Deviation Requeatl2015-2.10 HEX Packet Cora Letter docx 4* COASTAL BEVERAGE FACILITY REDEVELOPMENT NARRATIVE This is a site plan with deviations request for the redevelopment of the Coastal Beverage Facility located at the northwest corner of the intersection of Livingston Road and Progress Avenue. The facility generally consists of existing office space,distribution and warehouse buildings on+/-8.24 acres. Coastal Beverage has been in operation at this location since the early 1990's and has grown to the point that they need to devote the existing site to the distribution facilities and to move the maintenance, warehouse,storage and fueling operations to another site. The redevelopment activities include the demolition of two existing standalone metal warehouse buildings and the expansion of the main existing warehouse to the north, contiguous to the existing building. Redevelopment also includes selective pavement demolition and revised pavement limits for the parking and loading areas. The total impervious area will be reduced as a result of this activity. The redevelopment of the facility has created challenges in meeting current regulations pertaining to building setbacks,vehicular area landscaping,parking aisle widths,buffering,and open space. There are eight deviations associated with the attendant Site Development Plan Amendment (SDPA) application. The deviations are fully described in the Deviation and Justification document and are identified on the Deviations Exhibit site plan. There was a setback variance approved in 1999 for the frontage along Livingston Road. The setback requirement was 50' and the variance approved a 32.2' setback. This variance is not included in this request but is an important part of the record. Ordinance No. 99-179 is attached for your reference and the SDPA site plan identifies the actual setback that resulted from the previous construction is 33.3'. Consistency with LDC,Section 10.02.03 F.7 Standards for approval. The petition shall be reviewed for consistency with the following standards: a. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. The subject property is located in the Industrial Zoning District which permits the warehousing, distribution facility. b. The proposed development is consistent with the Growth Management Plan. The subject property is located in the Industrial District on the Future Land Use Map. c. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. The redevelopment of the subject property will bring the property into conformance with the existing regulations including the Architectural requirements. The improved esthetics and functionality of the site will benefit the surrounding area. • K:\2006\060038.01 00 Coastal Beverage Facility Expansion10005 Site Plan Deviation Request\2015-I-26 Revised Narrative.Docx • d. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. With the approval of the deviations the subject property will adequately serve the redevelopment. e. Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural features, vehicular parking and loading facilities, sight distances, landscaping and buffers shall be appropriate for the particular use involved. With the exception of the requested deviations the site will comply with the life-safety, architectural and engineering requirements. f. Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. With the new landscaping plan and compliance with the Architectural requirements, the project will improve the quality of the facility. g. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee.N/A IL Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. As described in the Deviations and Justifications document and depicted on the Deviations Exhibit, this project will meet this requirement. i. The petitioner has provided enhancements to the development. The proposed plan improves the project's landcaping and functionality of the site. j. Approval of the deviation will not have an adverse effect on adjacent properties. The subject property is surrounded by existing development, industrial uses and major road rights-of-way. The improved esthetics will only further the compatibility with adjacent properties. K:\2006\060038.01.00 Coastal Beverage Facility Expanswn10005 Site Plan Deviation Request\2015.1.26 Revised Narrative Docx Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 SITE PLAN WITH DEVIATIONS FOR REDEVELOPMENT LDC Section 10.02.03 F Ch. 61 of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION NAME OF APPLICANT: Coastal Beverage, LTD. ADDRESS: 4747 Progress Avenue CITY Naples STATE FL ZIP 34104 TELEPHONE# 239-643-4343 CELL# FAX# 239-643-6178 E-MAIL ADDRESS: emcnamara @coastalbeverage.com NAME OF AGENT: Patrick Vanasse, AICP FIRM: RWA, Inc. ADDRESS: 6610 Willow Park Drive, Suite 200 CITY Naples STATE FL ZIP 34109 TELEPHONE# 239-597-0575 CELL# FAX# 239-597-0578 E-MAIL ADDRESS: pvanasse @consult-rwa.com CORRESPONDING SDP, SDPA, SIP INFORMATION This application shall be submitted in conjunction with one of the following: site development plan, site development plan amendment, or site improvement plan. PROJECT NAME/PL# IF KNOWN: Coastal Beverage Facility Expansion PLANNER/PROJECT MANAGER, IF KNOWN: Fred Reischl DATE OF SUBMITTAL OF SDP/SDPA/SIP: 10/22/2014 4/8/2014 Page 1 of 3 Co ter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 INFORMATION REGARDING DEVIATION REQUESTS A site plan with deviations for redevelopment provides a means for a redevelopment project to seek dimensional deviations (excluding height), architectural deviations, and deviations from site features, such as but not limited to, landscaping, parking, and buffers, from the standards established in the LDC when the passing of time has rendered certain existing buildings, structures, or site features nonconforming. A site plan with deviations may be requested for the redevelopment of a site which meets the criteria for a site development plan, site development plan amendment or a site improvement plan as established in LDC section 10.02.03. Except for the requested deviations, the site plan shall comply with LDC section 10.02.03. In accordance with LDC section 10.02.03 F, "redevelopment" shall mean the renovation, restoration, or remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing buildings, structures or infrastructure were legally built and installed. DEVIATION REQUESTS The application must address the follow requirements. Please attach the required narratives and explanations. 1. A narrative of the redevelopment project and how it is consistent with the standards for approval, LDC section 10.02.03 F.7. 2. Description of each requested deviation and justification for each request. Requested deviations shall be clearly delineated in the petition. The LDC section for which the deviation seeks relief from shall be identified. 3. Project enhancements to offset or minimize the deviations shall be clearly identified on the site plan and explanation provided. 4. Deviation Request types: Zoning Deviation Requests-Check all that may be impacted by the request. • Dimensional standards (excluding height): O Parking ❑ Architectural O Landscape/Buffers • Other site features: Open Space Engineering Deviation Requests-Check all that may be impacted by the request. ❑ Stormwater ❑ Pathways ❑ Transportation Planning ❑Other site features: 4/8/2014 Page 2 of 3 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 SUBMITTAL REQUIREMENTS CHECKLIST REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Site Development Plan with Deviations for 9 n ❑ Redevelopment Application Completed SDP/SDPA/SIP application and all associated materials, 9+ © ❑ including all site plan documents. Copy for the Pre-Application Notes, if not submitted with 1 © ❑ SDP/SDPA/SIP Affidavit of Authorization, signed and notarized 1 © ❑ Electronic Copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all ❑ © ❑ materials to be submitted electronically in PDF format. +Unless waived by the Project Manager. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARNG PROCESS: • At the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS ❑ Site Plan for Redevelopment: $1,000.00 ❑ 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 fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 4/8/2014 Page 3 of 3 4. 1/26/2015 REVISED 1/26/2015 COASTAL BEVERAGE EXPANSION SITE DEVELOPMENT PLAN WITH DEVIATIONS LIST OF REQUESTED DEVIATIONS AND JUSTIFICATIONS Deviation#1 seeks relief from LDC,Section 4.02.01.A Table 2.1 Footnote e.regarding Dimensional Standards for Principal Uses in Base Zoning Districts to allow a minimum side yard setback of+/- 24 ft.along the northern property line,instead of the required 50 ft.setback. Footnote e. states that "the total of all side yard setbacks shall equal 20% of the lot width, with a maximum of 50 feet. No side yard shall be less than 10 feet. Alternative dimensions may be possible when approved through a unified plan of development involving one or more lots under common ownership where the yard requirements are met for the unified site but not necessarily for each parcel within the unified site." The property abuts four rights-of-way, and has only one side yard which does not provide the ability to combine side yards for a total of 50'but requires the one side yard to provide a 50'setback. Footnote e. 40 does allow a minimum 10'side yard setback which indicates that a side yard setback as small as 10'can be deemed acceptable. The site plan depicts a +/- 24.3 ft. setback at the narrowest location along the northern property line. The applicant's request for a +/- 24 ft. setback exceeds the 10' minimum. In addition to the +/- 24 f. setback, a Type A buffer will be provided along the northern property line. To enhance this required buffer, a cluster of Holly trees will be planted at the north east corner of the building expansion to soften any perceived encroachments or visual impacts from Livingston Road. The expansion building replaces a vehicle fueling area that included large truck traffic. The fueling area will be relocated to another site and will be replaced with the building expansion. This will eliminate any impacts to the adjacent property that may have been created by the fueling area. Between the buffer, landscaping enhancement and the removal of a higher intensity use(fueling area)any concerns regarding compatibility and visual impacts should be addressed. Deviation#2 seeks relief from LDC 4.06.02.0.4"Table of Buffer Yards,""Alternative D,"which requires a 10-foot wide Type D buffer,to allow the existing four pervious paver parking spaces located at the southeast corner of the subject property to encroach into the buffer yard by+/-3 feet and the proposed parking area at northwest corner to encroach in the buffer yard by+/-5 feet. There are four existing pervious paver parking spaces located at the southwest corner of the subject property that encroach into the 10' Type D buffer along Progress Avenue by approximately 3 feet. The parking spaces are necessary to meet the parking needs for the operations; therefore, the applicant is requesting a deviation to allow the encroachment of the pervious paver parking spaces. Encroachments IPinto buffer yards are permitted for water management purposes. In this case the pervious parking spaces Page 1 of 3 .............. 1/26/2015 would not be much different in that they provide a built in drainage function. In order to mitigate for this encroachment the Type D buffer plantings will be increased from 3'to 4'. The new parking area near the northwest corner will accommodate the parking needs resulting from the building expansion. The encroachment into the 15' Type B buffer includes the turn around space required for code-compliant design of the parking area. Locating this portion of the parking area in the buffer allows for the functionality of the overall site. This encroachment will not impact the buffer planting requirements as proposed by Deviation #7. To mitigate for this encroachment,foundation plantings will be provided along the east side of the building expansion. The plantings will meet code for foundation plantings. Deviation#3 seeks relief from LDC Section 4.06.03.B.2"Standards for Landscaping in Vehicular Use Areas,"which requires that all rows of parking spaces shall be bordered on each end by a terminal landscape island measuring inside the curb not less than eight feet in width to allow no landscape island for the row of parking south of the access point on Commercial Boulevard. The deviation will allow the existing parking spaces and drive isle configuration for that area. The four existing pervious paver parking spaces located in the southwest corner of the site abut a row of 7 existing paved spaces for a total of eleven parking spaces. These parking spaces are needed for the operation of the facility and will not impact the buffer plantings. To mitigate for this existing row of parking, two additional trees will be planted within the buffer area adjacent to Livingston Road where there is ample room. The Livingston Road frontage is a preferred location to augment the landscaping since it is a high traffic arterial and there is a residential development across the street. This is in place of augmenting the landscaping internal to the site since there is little or no room in some locations,for additional trees. Deviation#4 seeks relief from LDC,Section 4.06.03.B.2"Standards for Landscaping in Vehicular Use Areas,"which requires all rows of parking spaces to contain no more than ten parking spaces without a required landscaped island,in order to allow the existing 11 parking spaces located in the parking area located near the southwest corner of the subject property and the 12 parking spaces (including 5 pervious paver parking spaces)located immediately south of the Commercial Boulevard exit. The four existing pervious paver parking spaces located in the southwest corner of the site abut a row of 7 existing paved spaces for a total of eleven parking spaces. These parking spaces are needed for the operation of the facility and will not impact the buffer plantings. To mitigate for this existing row of parking, two additional trees will be planted within the buffer area adjacent to Livingston Road where there is ample room. The Livingston Road frontage is a preferred location to augment the landscaping since it is a high traffic arterial and there is a residential development across the street. This is in place of augmenting the landscaping internal to the site since there is little or no room in some locations,for additional trees. This deviation is also requested to allow the existing 12 parking spaces located at the west side of the property and south of the exit to Commercial Blvd. (includes the existing five pervious paver parking spaces) to remain and instead of a landscape island,provide a shade tree at the "elbow"of the pervious • paver parking spaces to fulfill the landscape island planting requirement. This deviation would allow the Page 2 of 3 0 1/26/2015 • existing pervious paver parking spaces to accommodate the required and necessary parking spaces while still fulfilling the intent of the landscape island requirement. Deviation#5 seeks relief from LDC,Section 4.05.02.L Table 16 regarding Design Standards for Parking,Minimum Aisle Width to allow a minimum parking aisle width of+/-23 feet instead of the required 24 foot parking aisle width for the existing parking area on the southwest corner of the subject property. This is the same parking area discussed in Deviations #2 and#4. This is an existing parking area that primarily serves the employees and which has a low turnover. The focus of the redevelopment of this site is to provide more space for the distribution operation and to minimize redevelopment of existing supporting facilities. Since this is a low turnover parking area it would not seem productive to revise the entire parking area to add an additional foot to the aisle width. Existing parking has been functional for numerous years and has not created any safety concerns over that time. Deviation#6 seeks relief from LDC,Section 4.02.01.B.2 which requires that at least 30 percent of the gross area shall be devoted to usable open space to allow a minimum of+/-28%of useable open space. In order to accommodate the current required landscaping and water management facilities, the existing open space will increase from +/- 22% to +/- 28%. However, the site still will not meet the current requirement of 30% open space. As a redevelopment project, it is often challenging to meet all the • applicable regulations. However, increasing the open space by 6%does provide an overall benefit. Deviation #7 seeks relief from LDC, Section 4.02.12.A Design Standards for outdoor storage that requires a 7' screen to allow a 4' screen along Commercial Boulevard and Mercantile Avenue. This deviation would apply to Commercial Blvd. and Mercantile Avenue. This deviation is necessary to address safety and crime prevention through the application of "Crime Prevention through Environmental Design" (CEPTED). CEPTED strategies include natural surveillance and access control to limit the opportunity for crime. Coastal Beverage is a beer distribution center. The subject vehicles that are stored overnight are adjacent to Commercial Blvd. and Mercantile Ave. These delivery trucks and vans contain beer for distribution. The existing chainlink fence with barbed wire and the locked security gates are intended to keep unauthorized personal from entering the property. A 4'screen along with the barbed wire fence would deter criminal activity physically and psychologically by maximizing visibility onto the property thereby increasing surveillance opportunities from the road. The Type B buffer 6'screen nor the storage area 7'screen would serve any purpose or benefit for the adjacent industrial uses. The resultant buffer would mimic the existing conditions regarding visibility that have historically and effectively addressed safety and crime prevention. Deviation #8 seeks relief from LDC Section 4.06.02.C.2 "Table of Buffer Yards," "Alternative B," which requires a 5' screen at planting that is maintained at 6' to allow a 3'screen at planting that is maintained at 4' along Commercial Boulevard and Mercantile Avenue. This deviation is requested in conjunction with deviation#7 and the same justification applies. • Page 3 of 3 4' • aim �________________i { 15' TYPE "B" I BUFFER MERCANTILE AVE 30' ROAD I (60'ROW) EASEMENT I (PUBLIC) 4. ----" ' -`1O' UTILITY EASEMENT 1 / _ L INDUSTRIAL FPL CORRIDOR I r :+ 1 1 1 I — — — ''''''//1"-5' TYPE "A" BUFFER 5 HOLLY TREES TYPE 1 1 1 �1 I I 10. v o x „A., PER 01 y 1 i� I UTILITY _ `..V',':� —.. ,_ — — — -_ BUFFER - _-�-1Z� EXISTING 1 4 0 fk t ENT — [CD— II CHAIN ENCE 1 II I I I ` 1) / ` W/BA WIRE 11 0 1 - ] 4 I E 1 I 1 :B 1 ) 'i 33.3 CDC) 1 I } r----744. -- -I SIDE 1 1 1 FOUNDATIO f YARD I I PLANTINGS 15' TYPE-1 r-'-- 1 I PER D2 "D" I "s 1f I� 1 BUFFER r 15' TYPE t ' : BUFFER 11 I I I o G _1 1 I I •= ..=°q • ° V 1 I. -� •• CO ADDITIONAL I v 70 V27 0 TREES 1 3 (`e� [N41./..". .�• PER D4 I a EX PERVIOUS °• PAVERS 11 I i _ 1 33.8 ONE TREE 1 — .J C_' I YARD 04 I I -_: IBECA��_ 1 I = - f PROJECT _ BOUNDARY \ X11 — J�an as - - - 1 \ Mermiml \- _/ / L —._ cNer 10' TYPE "D" BUFFER PROGRESS AYE. 4' HEDGE 411 (6o. (>W)(PtBLICI PER 02 at Q INDUSTRIAL 0 60 100 200 LEGEND: 1 11 0-DEVIATION SCALE: 1" = 100' ❑-MITIGATION FOR DEVIATION Jonuevy 27,2015 2:32 PM K:\2006\060036.01.00 Coo.la envraq.F.cay E,rom,wo+,\0007 0441 Engi,.sMnq Onir&Construc0.r,Pans\NEV-00\EX/6B17-0ENAPON-22 JAN 20154 9 '�«....a."o. GVASTAL BEVERAGE,LTD` COASTAL BEVERAGE ° " ""°"'° 4747 PROGRESS AVE. FACILITY EXPANSION ..1:E11:0717...,,,,m .�,. N.nsm KR vMr commas°"rz°."u 1a 20 15 01t ^ 1�,0 ..«. - DEVIATION EXHIBIT -t4att 13r'n1� 4w.,*row. ... ,. .. .. ,', r .. , 'Vi ii ! DEVIATIONS: D1 DEVIATION #1 SEEKS RELIEF FROM LDC, SECTION 4.02.01.A TABLE 2.1 FOOTNOTE E. REGARDING DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS TO ALLOW A MINIMUM SIDE YARD SETBACK OF +/-24 FT. ALONG THE NORTHERN PROPERTY LINE, INSTEAD OF THE REQUIRED 50 FT. SETBACK. 0 DEVIATION #2 SEEKS RELIEF FROM LDC 4.06.02.0 .4 "TABLE OF BUFFER YARDS," "ALTERNATIVE D," WHICH REQUIRES A 10-FOOT WIDE TYPE D BUFFER, TO ALLOW THE EXISTING FOUR PERVIOUS PAVER PARKING SPACES LOCATED AT THE SOUTHEAST CORNER OF THE SUBJECT PROPERTY TO ENCROACH INTO THE BUFFER YARD BY+/- 3 FEET AND THE PROPOSED PARKING AREA AT NORTHWEST CORNER TO ENCROACH IN THE BUFFER YARD BY+/- 5 FEET. 03 DEVIATION #3 SEEKS RELIEF FROM LDC SECTION 4.06.03.B.2 "STANDARDS FOR LANDSCAPING IN VEHICULAR USE AREAS," WHICH REQUIRES THAT ALL ROWS OF PARKING SPACES SHALL BE BORDERED ON EACH END BY A TERMINAL LANDSCAPE ISLAND MEASURING INSIDE THE CURB NOT LESS THAN EIGHT FEET IN WIDTH TO ALLOW NO LANDSCAPE ISLAND FOR THE ROW OF PARKING SOUTH OF THE ACCESS POINT ON COMMERCIAL BOULEVARD. THE DEVIATION WILL ALLOW THE EXISTING PARKING SPACES AND DRIVE ISLE CONFIGURATION FOR THAT AREA. 04 DEVIATION#4 SEEKS RELIEF FROM LDC, SECTION 4.06.03.B.2 "STANDARDS FOR LANDSCAPING IN VEHICULAR USE AREAS," WHICH REQUIRES ALL ROWS OF PARKING SPACES TO CONTAIN NO MORE THAN TEN PARKING SPACES WITHOUT A REQUIRED LANDSCAPED ISLAND, IN ORDER TO ALLOW THE EXISTING 11 PARKING SPACES LOCATED IN THE PARKING AREA LOCATED NEAR THE • SOUTHWEST CORNER OF THE SUBJECT PROPERTY AND THE 12 PARKING SPACES (INCLUDING 5 PERVIOUS PAVER PARKING SPACES) LOCATED IMMEDIATELY SOUTH OF THE COMMERCIAL BOULEVARD EXIT. 05 DEVIATION #5 SEEKS RELIEF FROM LDC, SECTION 4.05.02.L TABLE 16 REGARDING DESIGN STANDARDS FOR PARKING, MINIMUM AISLE WIDTH TO ALLOW A MINIMUM PARKING AISLE WIDTH OF +/-23 FEET INSTEAD OF THE REQUIRED 24 FOOT PARKING AISLE WIDTH FOR THE EXISTING PARKING AREA ON THE SOUTHWEST CORNER OF THE SUBJECT PROPERTY. 0 DEVIATION # 6 SEEKS RELIEF FROM LDC, SECTION 4.02.01.B.2 WHICH REQUIRES AT LEAST 30 PERCENT OF THE GROSS AREA SHALL BE DEVOTED TO USABLE OPEN SPACE TO ALLOW A MINIMUM OF +7-28%OF USEABLE OPEN SPACE. CO DEVIATION #7 SEEKS RELIEF FROM BOTH LDC, SECTION 4.02.12.A DESIGN STANDARDS FOR OUTDOOR STORAGE THAT REQUIRES A 7' SCREEN TO ALLOW A 4' SCREEN. 0 DEVIATION #8 SEEKS RELIEF FROM LDC SECTION 4.06.02.C.2 "TABLE OF BUFFER YARDS," "ALTERNATIVE B," WHICH REQUIRES A 5' SCREEN AT PLANTING THAT IS MAINTAINED AT 6', TO ALLOW A 3' SCREEN AT PLANTING THAT IS MAINTAINED AT 4' ALONG COMMERCIAL BOULEVARD AND MERCANTILE AVENUE. Ask dw.wr 27.2075 212 PO K:\2006\0600!5.07..00 CoweW 64,'”7.rociwr E.P.. \0007 Ciro G'V.w.'"9 0 t Co..nucl;on Pk.\REV_00\EX1+BR-01,4470•4 - 22.NH 20,5.0*9 - COASTAL BEVERAGE, AV TD COASTAL BEVERAGE 4747 PROGRESS AVE FACILITY EXPANSION >tNawwaw w. 11/22/14'14.'°fkr r`IP7m• !i rw Iic tel ncnsm rcn sWr CO"'"°' .w,.r 2676 wo w 7/001' DEVIATION EXHIBIT LEGEND a... wwr ,05 I ... ow rK 6W ac -,. 405510'00, [cat-O*105 _ 2 .' 1j PRE-APPLICATION MEETING NOTES &SUBMITTAL CHECKLIST ❑ SDP ® SDP Amendment PL# 2014-0283 Date: 3-12-14 Firm: RWA Applicant: d4(s. LtI2fc4ci- Project Name: Coastal Beverage Proposed#of Residential Units: Proposed Commercial Square Footage: 36K Project Addr/Location: Progress Av Size of Project Site: 7.62 acres SDP#for Amendments SDP 92-27&SDPA 2002-AR-2284 Zoning/Cond. Use/PUD: I Ord./Res.#: (Circle One) Is SDP within a plat? Provide name and AR#: N/A S Meeting Attendees(attach sign in sheet) Assigned Planner: Fred Reischl Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE 0 GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colliergov.net SITE DEVELOPMENT PLAN (SDP)APPLICATION,(SDPA)APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH THE APPLICATION PACKET • ITEMS MUST BE IN THE EXACT ORDER LISTED BELOW • A COVER SHEET MUST BE ATTACHED TO EACH SECTION NOTE:INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF NOT i COPIES REQUIRED REQUIRE* I STANDARD REQUIREMENTS: Cover letter briefly explaining the protect 12 X SDP a••licotion com•leted&signed) 12 X Site Development Plan(signed&sealed) including cover sheet(LDC 10.02.03.8.1.b.) 12 X PUD document(if zoned PUD)or Conditional Use on CD 2 X Addressing Checklist 1 X PUD Commitments per LDC Amendment Ord.No.08-63,Sec 10.02.02.H 12 X ADDITIONAL COPIES OF SITE PLANS, as needed: 1 Architectural Review is required- 1 additional set 1 X Located in Pelican Bay Services District- 1 additional set 1 X fp Located in the Bayshore/Gateway Triangle Redevelopment Area-1 additional set I X Located within the RFMUD or RLSAO areas-1 additional set I X Affordable Housing project-1 additional set 1 X School Board Review,if residential 1 X **TO BE INCLUDED ON SITE PLANS: Native vegetation retention/mitigation plan,Section 3.05.07.B **12 l i Site clearing plan/vegetation inventory,(LDC 10.02.03.B.1.1.xii,LDC 10.02.03.B.1.d.) *92 iyj If clearing or filling outside infrastructure is requested,differentiate on site clearing plan(using **1 2 hatching and legend)the infrastructure clearing,stockpile,and lot prep clearing as allowed by ��//tt VRSFP regulations. Provide separate acreage calculations for each type of clearing requested X. (LDC 4.06.04 A) Aerial photographs(taken within the previous 12 months min.scaled 1"=200'),showing FLUCCS **12 X ((, Codes,Le•end,and .roect boundary Preserve management plan **12 i ZONING: Boundary&topographic survey(1 of 7 signed&sealed)per LDC 10.02.03.B.1.b.ii.(e)(LESS THAN 6 MONTHS OLD) 7 X Including opinion of title or property owner statement/Affidavit per LDC 10.02.03.B.1.b.ii.(e) 1 X Notarized letter of authorization from property owner designating applicant as agent(LDC 10.02.03.B.1.a) 1 X Recorded Deed or contract for sale(LDC 10.02.03.B.1.a.) (non-recorded deeds or Property Appraiser print-outs will not be accepted) 2 X PUD monitoring report 4 Property ID number and legal description 1 X Fee Calculation Worksheet&Review fees,signed 1 X • JUNE 2011 mink er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.collieraov.net GIS: F Copy of Site Development Plans (DWG or DFX format)on CDROM disc in State Plane NAD83 1 ifeet Florida Ease Coordinates(LDC 10.02.03.B.1.b.iii) 1 X LANDSCAPE&IRRIGATION REVIEW: Landscape Plans(signed &sealed),(LDC 10.02.03.B.1.c.)(LDC 4.06) 7 X Irrigation Plans(LDC 10.02.03.B.1.c) (LDC 4.06L 7 X ARCHITECTURAL OR NON-ARCHITECTURAL REVIEW: For projects subject to Architectural Review: X Architectural plans must be 1/8"scale minimum(signed&sealed),including 1 color rendering, (LDC 10.02.03.B.1.II.f.) including: 6 ✓ Every Facade of each building must be shown on Architectural plans ✓ Building cross sections or typical wall sections(LDC 5.05.08.C.10 and LDC 05.08.E.3) ✓ Dumpster details:height,material and color(LDC 5.05.08.E.3) ✓ Light pole details or cut sheet:height,material and color(LDC 5.05.08.E.6) ✓ Color paint chips and roof color paint chips or samples(LDC 5.05.08.C.5.a) ✓ Floor plans and building elevations C This project qualifies for a separate "Alternative Architectural Design"submittal per 5.05.08.F. Additional fees($500.00)and submittal application is required. For projects not subject to Architectural Review: X For projects not requiring architectural review: Floor plans and elevations with dimensions. This information,showing floor area by use,is intended only to determine that the use is compatible 6 with the zoning,establish parking requirements,and show building height measurements meeting Code. Full architectural or construction drawings are not needed. Simple floor plans&building elevations w/dimensions. This information,showing floor area by use.is intended only to • determine that the use is compatible with the zoning.establish parking requirements and show buildina height meetina Code. If the project Is[!4.t subject to Architectural Code review,floor area use may be shown on the site plan and the building height shown on simple elevations, either on the site plan as an inset or on a separate sheet—full architectural or construction drawings are not needed. ENGINEERING/STORMWATER: Drainage calculations signed &sealed by a professional engineer licensed in the State of Florida / 3 Estimated cost of construction of Roadways,Paving&Drainage 1 SFWMD pe it,permit modificati n,or waiver(LDC 10.02.03.B.1.j.)including staff report 3 exhibits Ys ' ()CLac •21 s, Attc, Engineer's Report with Assumptions&Explanations per Ord.2001-57 include 25-year 3-day 4 storm routing Excavation permit application ___.___......�.__. __._-_.___✓ ..T Hydraulic Grade Line Pipe calculations for culverts l!c-4�)t i,JQIr Lighting Plan(multi-family) Engineering Review Checklist Signed by a Professional Engineer 1 �r UTILITIES: Estimated cost of utilities construction,Water&Sewe calculations sig ed&se t r y ,a' 1 N. Professional Engineer licensed in the State of Fl SC PA� {■w ! S IF COLLIER COUNTY - Engine is Report,signed&sealed, containing the following: ✓ Sewer Hydraulics 11 3 ✓ Lift station hydraulics to first down�eam masts station J ✓ Lift station buoyancy calculations 14 /40"^ ✓ Chloromine Dissi anon Report �/ ✓ Fixture Count VA� or tvnet Water and/or Sewer availability letter t:i'l ..1µ OM- C#7 - t-4( 1 • 4 Fixture Count 1 X DEP utility Installation permits(water/sewer)(LDC 10.02.03.8.1.' i - /'jc.?IC41 1 Utili Review Checklist 1 - JUNE 2011 • 9nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE 0 GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colliernov.net TRANSPORTATION: 3C Traffic Analysis 7 I Copy of Traffic Impact Statement(TIS)on CDROM 3 Right-of-Way permit application(County/FDOT) I1' W1( r )(`C"' 1 N A) 1 ENVIRONMENTAL: Environment Impact Statement–printed copies 2 K. Environment Impact Statement in electronic format (Planner,Environmental) 2 u Original conservation easement document including signed and sealed legal description and boundary survey for preserve–include protective language, sketch and description in 1 DC construction plans;contact review staff for current version (attach cover letter to documents) Listed Species Survey;less than 12 months old. Include copies of previous surveys 2 1 Veeetation Removal&Site Fill Permit application 1 . USACOE •=rmit and exhibits LDC 10.02.03.8.1.'. 1 A.•roved wetland risdictional lines less than 3 years old) 1 Aten accepted UMAM WRAP scores 1 Mr1 FIRE: Fire Flow Test from Fire Deportment(no more than 6 months old),(LDC 10.02.03.B.1.b.ii.(d)(ii) 2 X Location of existine and •ro•osed fire h drants 2 X Information in the Standard Building Code,type of construction,total square footage under roof,occupancy/use,fire sprinkler data(NFPA 1141),(LDC 10.02.03.6.1.ii.d.) PLEASE INCLUDE THIS INFORMATION ON EITHER THE COVER PAGE OR SHEET 1 OF THE SITE PLANS 2 X CO A: Completed Certificate of Adequate Public Facilities Application(LDC10.02.07), including the application fee and estimated Transportation Impact Fee calculations. 2 Review by Utility Billing is required for verification of trash container requirements X If located in RFMU(Rural Fringe Mixed Use)Receiving Land Areas: Applicant must contact Mr.Gerry J. Lacavero,State of Florida Division of Forestry @ 239-690-3500 for information regarding"Wildfire Mitigation&Prevention Plan",I.DC Section 2.03.08.A.2.a.(b)i.c. Affordable Housing or Economic Development Council Projects: ❑ EDC"Fast Track"must submit approved copy of official application 2 0 Affordable Housing"Expedited"must submit copy of si ned Certificate of Agreement. School Concurrency–School Impact Analysis Application, residential protects only 2 JMISCELLANEOUS: _ ether required permits: ❑ Check here if there are any Settlement Agreements associated with this property. Indicate type of agreement and agreement number. Route package to The Conservancy, Attn:Nichole Ryan I Agreement# ❑Deltona ❑Lely Barefoot Beach ❑Port of the Islands Interlocal • Applicant/Agent Signature — Date JUNE 2011 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE 0 GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.col Ilergov.net Notes required on the SDP: a. Exotic vegetation as defined by the Collier County Land Development Code shall be removed from the site and subsequent annual exotic removal (in perpetuity) shall be the responsibility of the property owner. b. The review and approval of Improvement Plans does not authorize the construction of required improvements, which are inconsistent with existing easements of record. c. The property owner is responsible for replacement of all dead landscape material and for the maintenance of the required irrigation system. d. The property owner is responsible for the perpetual maintenance of all features of the surface water management system as outlined by the design engineer on these drawings. ,e. Vegetation to remain shall be protected with approved barricading (detail shown) and barricading will remain in place until completion of construction. Notes: A-eAN9 p+-'1r14 l o n1 - t ver l9 t L,e9 'xe‘ 3T r DA) o' k6 tro A-v4T69 �7 a,7 t ! L-•fUt-f,c c„), , (C C.l 05 r N6 A 0 y Ott Ve^''7 Q.N►�4 ,L � l to ) �, t r ‘s NcC„°.� .y, 41L-///e5- ((11 ►1 i e` Cg-", i) f P44.0PE coy c rNnft L enevt, c A1V,t c-4-61t.r ly wf 5 Afike o C 71 An 4t 1,,er oz_ ite‘viiiev Pa4a t le tote Cr.v r t1iz. IF kA it4-004,110- P&ar+i7 is eE-6,.r,0 #( #18fillrZevt c,lic-r Zy f'-i t N PDF wJ go svk l(?'1/ -. (N et-42000.7 dtf --OW(11-6 4'1.44 mg f4/0 E0 44Pt7iv 441, r4( 4 iii. w -- A4 r»+, 4 r u be .s F A49 (i4 ,-:-,)- i3 n.t- iss ( �-- C.tkA.1 41 s.t.A "1 451 . ))1 d E t 1 u— , hAr xij kl) .--J 1;114 ! j Art,VI ■ i%) �'7 V CO'" L LC •1e V1kit, _.t _.. 1 .. r t i i ,. A,t4)gr L 6e+,104 T*^^PAs - Fee y — C t o NiNPIQS ;15- w4i'eR Sr..R.V: C . Sewek. % Pmt" ree c4e red bj Lead Ball Je plovees Cok 4.4t-i1on . Cre t,ys C!.t. de mo(1iAe1 bt411:1'nos W \ 6e. AN9I l ,(-o new STR GTN.&r~ , ( t (,q TD IND if\'',,., . :()E!.C. / kA,61'1 'CO 1 97 q6• t.,cy,, 1.a (>-pit. 1�. '.�� "�4 `, ' }N �,-(4� '6-' i 0J2 &.,,_. �%i ~ ti .� / ,1,. -i,-;i.. t ry r( J-- JUNE 2011 t • Additional Notes: j r id) i► -._ ,,� - Pe- it J i.G• .Ar .......:, „ 1 r-cr S • • Co r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.collierciov.net Fee Calculation Worksheet-Site Development Plans SDP Review Fees:_ 0 Residential only: $5,000.00 Plus$100 per residential structure, plus$40 per dwelling unit $ Number of Buildings: Number of D/U: ❑ Non-residential only:$5,000.00 Plus$200 per non-residential structure, plus$0.10 per sq.ft. $ Number of Buildings: Total Square footage: ❑ When a building consists of both residential and non-residential uses,the fees shall be calculated as follows: $5,000.00 Base fee $ $200.00 per structure $40.00 per residential dwelling unit $0.10 per square foot of non-residential floor area except for parking garage structures shall be calculated at$0.05 per gross square foot of floor area(sq.ft. X$0.10)(sq.ft. $0.05) ❑ $200 Fire review $ SDP Amendntent Review Fees:Base fee 32,500.0 I ❑ Residential only:$2,500 Plus$100 per residential structure plus$40 per dwelling unit $ Number of Buildings: Number of D/U: ►� Non-residential only: $2,500 Plus$200 per non-residential structure, plus$0.10 per sq.ft. $ Number of Buildings: Total Square footage: ❑ When a building consists of both residential and non-residential uses,the fees shall be calculated as follows: $2,500.00 Base fee $ $200.00 per structure $40.00 per residential dwelling unit $0.10 per square foot of non-residential floor area except for parking garage structures shall be calculated at $0.05 per gross square foot of floor area(sq.ft. x$0.10)(sq.ft. x$0.05) $ 0$150-Firs-review $ • , •t : • t• • . •• f •./ r +r •/ • _ - onstruction document review—0.7 %of probable water/sewer construction costs # Cost Estimate$ f (My $ ►i Construction inspection—2.25%of probable water/sewer construction costs Cost Estimate$ Sevve4k- Owl $ I!` Construction document review—0.75%of probable roadway, paving&drainage construction costs Cost Estimate$ $ onstruction inspection—2.25%of probable roadway, paving&drainage construction costs Cost Estimate$ $ ❑ $20 Environmental Health Review Fee, if applicable $ (grease trap,septic tank or underground storage tank) ❑ $250 Site Clearing fee(first acre or fraction of an acre, round acres up to next whole acre) $ plus$50 for each additional acre or fraction of an acre:($3,000 maximum) Traffi •act Stud Revie ees—Provide a Se•crate Check ■-,r . -- ' -*, - ;;.ii • se attach a separate check for transportation review fees)$, Ei Right-of-way Permit—Submitted directly to the Transportation Dept.with applicable fees (774-8260) Utilities • ❑ Utilities Modeling and Analysis Fee-$1,000 (per Resolution No.08-53), applies only if zoned PUD/DRI $ JUNE 2011 Colter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX(239)252-6358 www.colliergov.net ❑ $2,500 Environmental Impact Statement review $ ❑ $1000.00 Listed or Protected Species survey review fee(when an EIS is not required) ❑ $300 Conservation Easement application fee plus the following additional site fee: $200.00 for CE acres less than 5 acres; ❑ $400.00 for CE area between 5 acres and 10 acres;$600.00 for CE area greater than 10 acres and less than 20 acres; $800.00 for CE areas between 20 and 50 acres;and an additional$200.00 for every 40 acres of CE area over 50 acres. $ COA application fee$200+$25 per D.U.or per 1,000 sq.ft.commercial($5,000 max.) $ ❑ Excavation Permit Fees(see next page for calculations) $ Fee Subtotal: $ Pre-application fee credit, if applicable -$ (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required.) Total Fees Required $ (Make checks payable to Board of Co. Commissioners or BCC) Additional Review Fees for SDP(resubmittals): 3rd Review=$1000 • 4th Review= $1500 5th Review = $2000 6th and subsequent reviews = $2,500 Additional Review Fees for amendments to SDP (resubmittals): 3rd Review= $1000 4th Review=$1500 5th and subsequent reviews = $2,000 Additional Review Fees for Insubstantial Change to SDP(resubmittals): 3rd Review =$1000 4th Review=$1500 5th and subsequent reviews = $2,000 Additional Review Fees for EIS(resubmittals): 3rd Review= $1000 4th and subsequent reviews = $500 0 JUNE 2011 10 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) ► E,fw•nd McNamar• (print name),as General P•rtrrer (title,if applicable)of Coastal average.LTD (company, If a Iicable),swear or affirm under oath,that I am the(choose one)owner 0 applicantncontract purchaser and that: 1. I have full authority to secure the approvals) 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 M•roeret Emblidge,AIM of awA,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 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 trustees. • • 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 ti1e . e _':��.-.rte,/ ,�_ � S",nature ', Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to(or affirmed)and subscribed before me on ///g44 (date)by E OW A-n M CU prM AAA (name of person providing oath or affirmation), as C QJr�2a1� 1 �k who is rsonal known me or who has produced (type of identification)as identification. STAMP/SEAL Slg re of Notary 17tb Notary Pablo scw.d floras 1; Jane M KIMY EE 6rd004 •► Expires O017 CRO&COA4011SISS REV 3/24/14 1y2312014 DOW by EIQy Name • 1 i Ok I0o DEPARTMENT OF STAlE ill' CoRpoicu Iwo lsl7 l ;: Detail by Entity Name Florida Limited Partnership COASTAL BEVERAGE, LTD. Filing Information Document Number A28565 FEUEIN Number 650072449 Date Filed 06/21/1989 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 03/30/1995 Event Effective Date NONE • Principal Address 4747 PROGRESS AVE NAPLES, FL 34104 Changed: 12/10/1993 Mailing Address 4747 PROGRESS AVE NAPLES, FL 34104 Changed: 12/10/1993 Registered Agent Name & Address. MCNAMARA, EDWARD P. 4747 PROGRESS AVE. NAPLES, FL 34104 Name Changed: 03/30/1995 Address Changed: 03/30/1995 General Partner Detail Name &Address Document Number P94000088986 INISFALE, INC. htlp://seerclustriblz.orglinquiry/CorporationSeerch/SeerchResti1Detell/BirlyNan eklomip- b711222-1197-43b4-b1tR10e281•077fcmestel%20bevere e/... 1/2 12/23/2014 Detail by Ertly Name 4747 PROGRESS AVE. NAPLES, FL 34104 • Annual Reports Report Year Filed Date 2012 01/16/2012 2013 01/2312013 2014 01/15/2014 Document Images 01/15/2014 -ANNUAL REPORT View image in PDF format 01/23/2013 -ANNUAL REPORT View image in PDF format 01/16/2012--ANNUAL REPORT View image in PDF format 01/04/2011 --ANNUAL REPORT View image in PDF format 01/08/2010 ANNUAL REPORT View image in PDF format 01/16/2009 --ANNUAL REPORT View image in PDF format I 03/05/2008 --ANNUAL REPORT View image in PDF format 410 02/08/2007 -ANNUALREPORT View image in PDF format 03/10/2006 ANNUAL REPORT View image in PDF format I 04/25/2005 -ANNUAL REPORT View image in PDF format 04/13/2004--ANNUAL REPORT View image in PDF format 02/13/2003 --ANNUAL REPORT View image in PDF format 03/11/2002 --ANNUAL REPORT View Image in PDF format] 08/10/2001 -ANNUAL REPORT View image In PDF format 03/03/2000 -ANNUAL REPORT View image in PDF format I 09/23/1998--ANNUAL REPORT View image in PDF format I 09/08/1997--ANNUAL REPORT View image in PDF format] 10/21/1996 ANNUAL REPORT View image in PDF format I CoPyriCat ,e■ .nd 51;15 rte_trzrrr-)n4 f St • ttp://seerchsundLorognquIry/CorporaeonSearch/SeerchReetitDetalUEntityNemeidomlp-e28565-brIf282-1197-43b4-blff-10e2fileerfc/contel%2Cteveregal... 212 L MITED PARTlERSMIPANNUAL REPORT FILED DOCUMENT#A28565 Jan 15, 2014 • Entity Name:COASTAL BEVERAGE,LTD. Secretary of State CC8950224164 Current Principal Place of Business: 4747 PROGRESS AVE NAPLES, FL 34104 Current Mailing Address: 4747 PROGRESS AVE NAPLES, FL 34104 FEI Number.65-0072449 Certificate of Status Desired: Yes Name and Address of Current Registered Agent: MCNAMARA,EDWARD P. 4747 PROGRESS AVE. NAPLES,FL 34104 US The above named entity submits this statement for the purpose of changing ds reghtered office or registered agent,or both.s the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date General Partner Detail : Document# P94000088986 Name INISFALE,INC. Address 4747 PROGRESS AVE. City-State-Zip: NAPLES FL 34104 • 1 hsr.by cewy that 5 m inicemabon*coveted on Mils report or aupplsmarsd report is We end.cmeete and that my ebdonlc dQnCwe Ned Mve she ammo MOM sttact K Nrmeda rerde oath;that lam a Arland perhw of ere limited pevtnentdp or Me receiver ortrusiee anpow.m d o sowers dde report as wired by CJXer 070,Florida Statues end drat my Nine wean;above,or on in*Sediment with dl oboe Na empowered. SIGNATURE:EDWARD P.MCNAMARA GP 01/15/2014 Electronic Signature of Signing General Partner Detail Date • 12/22/2014 Detail by Entity Name i 'i i1'. oi` Ctiti)0i 1It ' s ih i, °; ,. Detail by Entity Name Florida Profit Corporation INISFALE, INC. Filing Information Document Number P94000088986 FEUEIN Number 650561002 Date Filed 12/08/1994 State FL Status ACTIVE Principal Address 4747 PROGRESS AVE. NAPLES, FL 34104 • Changed: 03/26/1997 Mailing Address 4747 PROGRESS AVE. NAPLES, FL 34104 Changed: 04/25/2005 Registered Agent Name & Address MCNAMARA, EDWARD P 4747 PROGRESS AVE NAPLES, FL 34104 Name Changed: 03/16/1995 Address Changed:03/26/1997 Officer/Director Detail Name &Address Title DPT Ai MCNAMARA, EDWARD P 4747 PROGRESS AVE. NAPLES, FL 34104 Title VS D httJ/eeaclumblz.argMqurY/CaParelionSeerchfSeachResultDetel l/ErtltyNamddomp-p940000B8Btlb?8073fd1-e04e-43b&ttObo-7 16004d3NfrisfaatdP... 1/3 12=014 Detail by el*/Name MCNAMARA, MARY I • 4747 PROGRESS AVE NAPLES, FL 34104 Annual Reports Report Year Filed Date 2012 01/16/2012 2013 01/23/2013 2014 01/15/2014 Document Images 01/15/2014 --ANNUAL REPORT View image in PDF format 01/23/2013—ANNUAL REPORT _ View image in PDF format 01/16/2012—ANNUAL REPORT View image in PDF format 01/04/2011 —ANNUAL REPORT View image in PDF format 01/08/2010 --ANNUAL REPORT View image in PDF format 01/16/2009—ANNUAL REPORT View image in PDF formatt 41) 03/05/2008 —ANNUAL REPORT View image in PDF format__, 02/08/2007—ANNUAL REPORT View image in PDF format 03/10/2006 —ANNUAL REPORT View image in PDF format 04/25/2005 —ANNUAL REPORT View image in PDF format 04/13/2004 --ANNUAL REPORT View image in PDF format 01/24/2003 --ANNUAL REPORT View image in PDF format 03/14/2002 --ANNUALREPORT View image in PDF format 02/07/2001 --ANNUAL REPORT View image in PDF format j 03/09/2000--ANNUAL REPORT View image in PDF format 04/02/1999 --ANNUAL REPORT View image in PDF format 04/28/1998--ANNuAL REPORT View image in PDF format 03/26/1997 —ANNUAL REPORT View image in PDF format 03/25/1996 —ANNUAL REPORT View image in PDF format 03/16/1295 —ANNUAL REPORT View image in PDF format • NtOsaarithautiz.orginquIry/Car paradonSearch/Seard)ResultDersilErtityNamaidamp-p94000088886-2a0735:11-604e-43b6-90bc-76b480d844134A nlafaale/P... 213 12t22r2014 Detail by En*Name tit hi?:ot cr1z, LA:parLmerit S S htiprilseirch.sinbiz.crolmulry/CorporalicnSeerchfSserchResunDelall/EnlityNarneklonw-04000013%06-2m0735d1-e04s-43b6-93bc-781:400c0344:134Aniefsale/P... 3/3 2014 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT#P94000088986 Jan 15, 2014 Entity Name: INISFALE, INC. Secretary of State Current Principal Place of Business: CC7137740476 4747 PROGRESS AVE. NAPLES, FL 34104 Current Mailing Address: 4747 PROGRESS AVE. NAPLES, FL 34104 US FEI Number.65-0561002 Certificate of Status Desired: Yes Name and Address of Current Registered Agent: MCNAMARA,EDWARD P 4747 PROGRESS AVE NAPLES,FL 34104 US The above named entity submits this statement for the purpose of changing as registered office or registered agent,or both,in the Stale of Fbride. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title DPT Title VSD Name MCNAMARA,EDWARD P Name MCNAMARA,MARY I Address 4747 PROGRESS AVE. Address 4747 PROGRESS AVE CityState-Zip: NAPLES FL 34104 City-State-Zip: NAPLES FL 34104 • I hereby certify eraf the IJamWOn indicated on ado report or a{+plwnwWaW report to true and acasefe and Met my elamo is signature and hew SW some legal ether as/made under oath:(hd I em an Mawr or6eetorof are ocepun on or Me receiver or Maim empowered to erearte gas report as required by Chapter 601,Fbride Statt5ee;and that mynene wean: above,or on en aftaclenenf*MO other eta empowered. SIGNATURE:EDWARD P. MCNAMARA DPT 01/15/2014 Electronic Signature of Signing OftllcerlDlrector Detail Date • d, o 3085809 OR: 3162 PG: 0904 • UCIIND to ORILIIL UCOID1 of corm C QITY, IL IIt212112 It 12:191 Nice I. IIXI, cull cal 12911.14 The°rotas.;hewed Ili tie PII AM Michael A. Bartell°, Jr., !squire DOC-,11 975.11•ichael A. Sandell°, Jr„ P.A. • 1029 Fifth Avenue 'forth iota: ample., Florida 34102 IIlllf i PILOI Without title opinion or examination 1111 I fA111II tl 1211 Parcel ID Number:00274 511001 Will 11 31112 Granteeil TIN: Grantee a2 TIN. Warranty Deed This ledenture, Made this 1st day of October ' 2002 AD_ Betw'eeo Bruce David Dally aka Bruce D. Daily and Adelle Yvonne Dally, husband and wife of the County of Collier , state of Florida ,grantors, and Coastal Beverage, Ltd., • Florida Limited Partnership whoa address is: 4747 Progress Ave., Naples, FL 34104 of me Coumy of Collier 1 slate of Florida ,grantee. i Witaesseth that the GRANTORS,for and in consideration oldie sum of TEN DOLLARS ($10) DOLLARS, and other good and valuable consideration to GRANTORS in hand paid by GRANTEE,the receipt whereof is hereby acinowledged.have granted,bargained and sold to the said GRANTEE and GRANTEE'S heirs,successors and assigns forever,the following described land,situate. Iyingsnd being in the County of Collier State of Florida tows: See Attached ixhibits "A" (Par nd "B• (Parcel II) DER.Cp Subject tot real propertat�ra'o� tor the current year and all subsequent years; , building other use restrictions imposed by gO . tal eut�it ' outstanding oil, gee and mineral interest(p) l;,caaotdti restrictions and easements common to the nubdiv*.i J"_"\ 1 \ ti 1111 'n(L\teirWet. U r* * 1 4%)/ 4f+ 1 .ice 1 .c.1 and the grants do hereby Polly warrant the title to said land,and will defend the same against lawful claims of ad pawns whomsocset In Wllnesa Whereof,the grantors have hereunto set their hands and seats the day and year first above wnnrn deled „ our presee: sDa lly — � D. Dail 1litnasr P.O.Address:41N Snaps tk Avanse,Nagka,FL 3410. -,4eirijr2/? 0Q.e; l L,.,_�,a i)fZ L.L . (seal) Printed ' {A BII 13r tk. Adel le Yvo*kle Dally 3 Witness P O Address d1N D.. te Amass,Nate.it.34104 STATE OF Florida COUNTY OF Collier The foregoing itrument 10 '•:.1; fore me this 1st day of October ,2002 by•Bruce David a a 77• D. Dally and Adele Yvonne Dally, husband•4110 .. seepe,wnsly . ,* eve lorida draadennfic1Mm Prd N s 021-1 "t ilitU cLI..."eti,a wow hw,let.lard(ra)7513557 Few PLWDt 4.4 paoluc 4a.'•J2.,. .. CGIOG ' 0. • OR: 3162-PG: 0905 1NILOON SINSIMISII RAMS 111013111111111 •MILLM.0M/•MOLL•MI `w110. liossarosmisslamsoommimommussiesilmis^arre ss • PARCEL I Ss.,Kltl.a et a — UMW • • the mstMs�se 114 44 Me444 11, 44 NSabha eases u were. ai1.r 113e.eh /1oHie Neat is Salaam _lie 311e3► e•a. Mt isessemll 1111, i/ iLwwii Ail Wt n 4ll l/� el NMeles ii► y M �• lt4� deeeethell eellh sMet�1. 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Siloam mM SMI fuewpn . a true 3�r.as k Ost 5.215 value aroma eta lassisrai'i wi,I \ acs ■.A. $151.5• 7'c.. _, _ y %II Pall 51.Matti vet/rlaf Si '4- ` l \ t O1 i • [�, Sate• Fes"c-.... 7/f."-: 'ft" ... Co 1 t. c: _-- .or•.wu.sees.Y.tre.A.~esursum mom..mr..►smoms rr.r r ., --s A.•Orel..•s.r■•snare w.111Y•.•....•I NMI OM....*Alm....pom•IS Um 131...vonvill.A.13.111. etflmll •t• aoftOEaSME t Legibility d writing. Typ.n or Printing unseti•Ihrieiri m this document when woe, 1tgt... ,, : . -•-r---r-:,— ----• — . IIINKA: a.liiutr.iz a•eII.ssm-arar. aeaalnii :•a _ • . •III/ SEP-19-2962 12:55 9414346568 9515 p,BB SEP-24-2882 11:32 98'i, P.06 Ail 0 178 . RESOLUTION NO.09._1 RELATING To PETITION NI;\1I3E:R \.l)9_1. FOR A VA R IA NCE ON PROI'1'.R'fl' HEREINAFTER DESCRIBED IN COLLIER COt'N I'\. FLORIDA. WHEREAS. the Legislature of the State of Florida in Chapter 125. Florida Statutes. has conferred on all counties in Florida the pm\cr to establish.coordinate and enforce /tunny and such business regulations as are necessary for the protection of the public:and \\'I IERE:\S.the County pursuant thereto has adopted a Land I)e\elopmrnl('ode(Ordinance No. 91-102) which establishes regulations for the minty of particular teoirapltie divisions of the County.among which is the •raining of tari;utces:and \VIIEREAS. the Board of Zoning Appeals. being the duly elected constituted Board ul'the area hereby affected.has held a public hearing after notice as in said regulations made and provided. and has considered the advisability of 17.`-taut variance front the required front yard setitatck of 50 feet to 32,2 feet as slum on the attached plot plan. Exhibit ":\". in an Industrial Zone for the property hereinafter described. and has Bound as a matter of tact that satisfactory ()MN isinn and arrangement ha\e been made concernim_ all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code lit/ the unincorporated area 01'Collier County: and WIIEREAS. all interested parties have been gi.cn opportunity to he heard by this Board in i public meeting assembled,and the Board haying considered all matters presented: NOW TIIFREFORE BE IT RESOLVED BY TIIF 130ARO OF ZONING AI'I'EAI.S of Collier County.Florida.that: The Petition \'-99-I liled by \Ir. Richard D. 1'otmovich ofCioodIettc('olentan& Johnson. P.A..represetttin_Coastal Boer:1 e. Ltd..with respect to the property hereinafter described as: Exhibit"B'' ' he and the saute hereby is approved for a 17.S-foot variance from the required front yard setback of 50 feet to 32.2 feet as shown on the attached plot plan. Exhibit"A".of the Industrial Zoning District wherein said property is located.subject to the litllowinu conditions: This variance shall only apply to the structures identified on the attached plat plan(Exhibit"A..) I. 1. 78 BE IT RESOLVED that this Resolution relating to Petition Number V-P)-I he recorded in the minutes of this Board. *Ibis Resolution adopted after motion.second and majority vole. r - Done this -----. day of . 1999. ATTEST: BOARD OF ZONIM APPEALS DWIPI IT E.BROCK.Clerk COLLIER COCNTY. FLORIDA .<"`,jV tki.■-I-1'f• , • PAMELA S. NIACKIE.ClIAIRWONIAN Attest 41 to Ciro , vr",,,rt r. Arliffoqd'as to I:61-m and Legal Sufficiency: Marjorie M.Student Assistant County Attorney R!'-',1 I II'''. 1111 w I.•••+ Ile 00 B• 1 •• '1 1 MII/M M1M/Y •s•• •'r •r s .•. . N ii.: 4.4.11 II 14• .•4.• ••x•••. . 4..4 44440w 10 w•♦ •♦• . .n• 11.1 •y•I)~ s 11e11,1,1.1• t•w.•ft.. .4004.• •1.11 40100 Nw 0 1 .-11•010 .•.••w .•...,.w •1„''•mil•.1.. .i'1•4 14• • •••.• Y ♦•N••14*•'i lyax.'r •Y•.+•l•o'w .•.•• •,1.1111••.-.�ww••'....1 ••• • x.11.•1.•'.41.....•• • f•• •'•r•± ....• W' ••••. .1..11•x.♦1..•+1.,11 ti Y♦. =y.:" . 5`..=.i•: . • u w � w ,. . . ,_ • ,. •-' • . q' lii iTY I.Aai "I.NI I - - .... ..,j .._• ..w ; is • • '• • • .•? •j 4 . ■ • T ,� • • • a . •.••. 1•w: '►':r Y I 1, • • • • • • t911• f • — `- • • ''ffi, .• .• :7... yyR .• ..I�• % V� • • I ems- •' ;r. i ^w.,..... . •. • 4 . I —CICI..•a ° — _ • _1 • • — 'n lti ie • ............---.........•------------'1.-._ .,Y._-- 1 ,.-••..». 1, 22•`'.t�r tp.tl ..��1.-- ..-"� .•.21 -,'.•.•_!•Q!� ,._..._.. ._t__..._-_a>4•__:S'2''-0•• 4�.• _,,`�_ •'�"..v ' '' • Iuc -^g- , :CRIER .1 m t3E5 .. ;C,. r. •.f,1,��t.,i• • 1 2 t. vit1 717 r. Description of parcel located in part c: the northeast 1/4 1 7 P. of Section 36, Township 49 South, Range 25 East, Collier County, Florida (Naples Production Park, not recorded) (!or Ed McNamara) (Parcel 11 )Revised 3-20-91) All that part of the northeast 1/4 of Section 36. Township 49 Snut:;. Range 25 East, Collier County, Florida, being more particularly described as follows; Commencing at the northeast corner of said Section 36; thence along the east line of said Section 36 South 00'-00'-36' East 730.00 feet to the POINT OF BEGINNING cf the parcel herein described; thence continuing along the east line of said Section 36 South 00'-00'-36' East 570.29 feet to the northeast corner of that parcel described in deed recorded in O.Z. hook 1778, pnge 1207 and 1208, Collier County Public Records; thence along the north line of said deed South P5`- 1' -07' 'west 591.04 feet: thence North 00'-01'-50' West 1.92 feet; thence South 89'-21'-02- West 30.00 feet; thence North 05'-21 '-05' West 381.63 feet; thence North 89'-21 '-02' East 231.59 feet: thence North C0'-00'-27- West 186.20 feet; thence North 89'-06'-30- East 425.00 feet to the Point elf Beginning of the parcel herein described; subject to easements for road purposes along the westerly and southerly 30.00 feet thereof, and subject to an easement for ut; lity purposes along the northerly 10.00 feet of the northerly 425.0C feet and subject to an easement for drainage, utilities and buffer strip along the easterly 30.00 feet thereof; containing 7.43 acres of land more or less; bearings are based on the east line cf said Se^ttoo 35 being n.ut!•, 00'-00'-36' East. WILSON, MILLER, BARTON, SO:.L 4 PF.EF, Reg. Engineers and Larel Surveyors CO ON LEMAN COUNSELORS AND ATTORNEYS AT LAW L Kevin G.Coleman I Richard D.Yovanovich I Edmond E Koester YOVA N O Y I C H William M.Burke I Gregory L Urbandc I Matthew L Grabinski'Craig D.Grider �/ p Matthew M.Jadcson I Jeffrey J.Beihoff I Harold J.Webre I Caroline M.Magliolo KOE S 1 T E R Charles A.B.Thomson 1 David Kerem I Michael D.Gentile I Of counsel:Kenneth R.Johnson Writer's Email: mgentzle @cvklawfirm.com December 15,2014 Mr.Michael A. Ward RWA,Inc. 6610 Willow Park Drive, Suite 200 Naples,FL 34109 Re: Title Opinion Collier County Parcel Identification Nos. 00274480003 (Parcel 1), 00282086402 (Parcel 2),00274521001 (Parcel 3) and 00282085403 (Parcel 4). I, Michael D. Gentzle, am an attorney licensed to practice law in the State of Florida and I have, as of the 15th day of July, 2014, examined title to the real property described in Exhibit "A attached hereto and made a part hereof. This examination of the Public Records of Collier County, Florida is evidenced by a First American Title Insurance Company title commitment assigned File No. 2060-3196458, which covers all public records on file in Collier County with respect to said property up to and including July 2,2014,at 8:00 a.m. (the"Title Commitment"). Based solely upon my examination of the Title Commitment, and assuming the accuracy of the information contained therein,it is our opinion that as of July 15,2014: The record title to the above-described property is vested in Coastal Beverage, Ltd., a Florida limited partnership. Said record titleholder has a fee simple title thereto, however, subject to the following encumbrances or qualifications: 1. Taxes and assessments for the year 2014 and subsequent years, which are not yet due and payable. Taxes for 2013 and prior years have been paid. 2. Easement for utility purpose along the northerly 10 feet of the easterly 425 feet,as set forth in deed from Naples Production Park, Ltd. recorded in O.R. Book 1492, Page 305 (Parcel 1). 3. Easement for drainage, utilities and buffer strip along the easterly 30 feet, as set forth in the deed from Naples Production Park, Ltd. recorded in O.R. Book 1492, Page 305 (Parcel 1). 4. Easement for road purposes along the northerly 30 feet and westerly 30 feet and easement for utility purposes along the northeasterly 10 feet, as set forth in deed • Northern Trust Bank Building 14001 TamiamiTrail North,Suite300,Naples,Florida 341031239.4353535 I fax 239.435.12181 www.cyldawfirm.com J Page 2 of 2 December 23,2014 • from Naples Production Park, Ltd. recorded in O.R. Book 1308, Page 1932 (Parcel 3). 5. Non-exclusive easement to Collier County for road right-of-way, drainage, utility and maintenance purposes recorded in O.R. Book 1636,Page 1668 (Parcel 3). 6. Easements for road purposes along the westerly and southerly 30 feet, as set forth in deed from Naples Production Park, Ltd. recorded in O.R. Book 1461, Page 1895 (Parcel 4). 7. Non-exclusive easement to Collier County for road right-of-way, drainage, utility and maintenance purposes recorded in O.R. Book 1637,Page 270 (Parcel 4). 8. Easement to Florida Power& Light Company recorded in O.R. Book 1794, Page 570 (Parcels 1 and 4). 9. Road right-of-way, sidewalk, utility, drainage and maintenance agreement, pursuant to Order of Taking recorded in O.R. book 2445,Page 3319 (Parcel 1). 10. Slope, utility and maintenance easement, pursuant to Order of Taking recorded in O.R. Book 2445, Page 3319(Parcel 1). 11. Grant of easement for ingress and egress and utilities from Naples Production Park, Ltd. to owners in the Naples Production Park and the Naples Industrial Park in Section 36, Township 49 South, Range 26 East, recorded in O.R. Book 1464, Page 328 (All Parcels). 12. Resolutions pertaining to construction of road, water, sanitary sewer and drainage improvements in the Naples Production Park Municipal Service Taxing and Benefit Unit recorded in O.R. Book 1562, Page 2146 and O.R. Book 1682, Page 1336 (All Parcels). 13. Resolution pertaining to the Collier County Water and Sewer District recorded in O.R. Book 417,Page 987(All Parcels). 14. Ordinance 75-20 (water) recorded in O.R. Book 619, Page 1177 and Ordinance 75-21 (trees)recorded in O.R. Book 619,Page 1182 (All Parcels). 15. Collier County Ordinance 90-87 establishing a Regional Sewer System and providing for impact fees(All Parcels). Copies of encumbrances numbered 2 through 12, above,are enclosed. • NorthemTrust Bank Building 14001 Tamlami Trai North,Suite 300,Naples,Florida 341031239.43535351fax 239.435.1218 I www.cyldawfirrn.com Page 3 of 3 December 23,2014 • This opinion is rendered solely to RWA, Inc. in connection with a boundary survey and site development plan of the property described herein and may not be relied upon by any other party or for any other purposes other than the purposes herein stated without our prior written consent. Further, notwithstanding reference to the Title Commitment, no title insurance policy is being purchased and/or issued in connection with this opinion. Respectfully submitted, Coleman vanovich&Koester,P.A. i4,,,; Michael D. Gentzle, 'squire Enclosures • S Northern Trust Bank B uil ding 14001TamlamI Trail North,See 300,Naples,Florida 34103239.43535351fax239.435.1218Iwww.cyldavwf m.com Page 4 of 4 December 23,2014 • Exhibit"A" The land referred to herein below is situated in the County of Collier, State of Florida,and is described as follows: Parcel 1: All that part of the northeast 1/4 of Section 36,Township 49 South, Range 25 East,Collier County, Florida, being more particularly described as folows: Commencing at the northeast comer of said Section 36; thence along the east line of said Section 36 South 00°4)0'-36" East 730 feet to the POINT OF BEGINNING of the parcel herein described; thence continuing along the east line of said Section 36 South 00°-00'-36"East 570.29 feet to the northeast corner of that parcel described in deed recorded in O.R. Book 1278, Page 1207 and 1208, Collier County Public Records; thence along the north line of said deed South 89°-21'-02"West 450.00 feet; thence North 00°-00'-27"West 382.29 feet; thence North 89°-21'-02"East 25.00 feet; • thence North 00°-00'-27"West 186.20 feet; thence North 89°-06'-30"East 425.00 feet to the Point of Beginning of the parcel herein described. LESS AND EXCEPTING the South 30.0(1 feet. Parcel 2: All that part of the northeast 1/4 of Section 36, Township 49 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the northeast corner of said Section 36; thence along the east line of said Section 36 South 00°-00'-36"East 730.00 feet; thence leaving said line South 89°-06'-30"West 425.00 feet to the POINT OF BEGINNING of the Out Lot herein described; thence South 00°-00'-27"East 186.20 feet; thence South 89°-21'-02"West 25.00 feet; thence North 00°-00'-27"West 186.10 feet; thence North 89°-06'-30"East 25.00 feet to the Point of Beginning of the Out Lot herein described. • NoN►em Trust Bards Building 14001 Tamiami Trail North,Suite 300,Naples,Florida 34103 1239.4353535 1 fax239.435.12181 www.cyklawfem.com Page 5 of 5 December 23,2014 • Parcel 3: All that part of the Northeast 1/4 of Section 36,Township 49 South,Range 25 East,Collier County, Florida being more particularly described as follows: Commencing at the northeast corner of said Section 36; thence along the north line of said Section 36,South 89°-06-30"West 639.71 feet; thence leaving said north line South 00°-38'-58"East 636.80 feet to the POINT OF BEGINNING of the parcel herein described; thence North 890-21'-02"East 172.59 feet; thence South 00°-00'-36"East 92.40 feet; thence North 89°0630"East 60.00 feet; thence South 00°-00'-27"East 186.10 feet; thence South 89°-21'02"West 206.59 feet; thence North 05°-21'-05"West 279.17 feet to the Point of Beginning of the parcel herein described. Parcel 4: All that part of the northeast 1/4 of Section 36,Township 49 South, Range 25 East,Collier County, Florida,being more particularly described as follows: Commencing at the northeast corner of said Section 36; thence along the east line of said Section 36 South 0I)°-00'-36"East 1300.29 feet to the northeast corner • of that parcel described in deed recorded in O.R. Book 1278, Page 1207 and 1208, Collier County Public Records; thence along the north line of said deed South 89°-21'-02"West 450.00 feet to the POINT OF BEGINNING of the parcel herein described; thence continuing along said north line South 89°-21'-02"West 141.04 feet; thence North 00°-01'-50"West 1.92 feet; thence South 89°-21'-02"West 30.00 feet; thence North 05°-21'-05"West 381.63 feet; thence North 89°-21'-02"East 206.59 feet; thence South 00°-00'-27"East 382.29 feet to the Point of Beginning of the parcel herein described. Northern Trust Bank Building 14001 Tamiami Trail North,Suite 300,Naples,Florida 341031239.43535351 fax 239.435.12181 www.cyldawf1rm.com 22A » Friday, February 6,2015 N NAPLES DAILY NEWS PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)at 9:00 A.M.,on Thursday,February 26,2015,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610,Naples,FL 34104 to consider: PETITION DR-PL20140002448—Coastal Beverage,LTD., requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks relief from LDC Section 4.02.01 A., Table 2.1, to allow•a minimum side yard setback of 24± feet instead of 50 feet for the north property line; from LDC Section 4.06.02 C.4.d, to allow four existing pervious paver parking spaces to encroach 3 feet into the required 10-foot landscape buffer;from LDC Section 4.06.03 B.2,to allow the parking row south of the access point off Commercial Blvd.to have no terminal landscape island instead of one island on each end of the row;from LDC Section 4.06.03 B.2, to allow a parking row without a landscaped island to have 11 parking spaces in one row and 12 spaces in another row instead of a maximum 10 spaces;from LDC Section 4.05.02 L,Table 16, to allow a minimum parking aisle width of 23±feet instead of 24 feet; from LDC Section 4.02.01 B.2, to allow a minimum of 28% of gross area to be devoted to usable open space instead of 30%;from LDC Section 4.02.12 A,to allow a 4-foot screen instead of a 7-foot screen for outdoor storage;and from LDC Section 4.06.02 C,to allow a Type B landscape buffer along Commercial Blvd.and Mercantile Ave.to have a height of 3 feet at planting that is maintained at 4 feet,instead of 5 feet at planting that is maintained at 6 feet,for the Coastal Beverage Facility redevelopment project consisting of 8.24±acres of land,located on the northwest corner of the Livingston Road and Progress Avenue intersection, in Section 36,Township 49 South, Range 25 East,Collier County, Florida. GREY OAKS NAPLES (DRI) COLONADES AT JAYCEES CLUBHOUSE SANTA BARBARA 25 30 29 (C.R.886) GOLDEN GATE ESTATES GOLDEN GATE PARKWAY UNIT 30 GREY OAKS (DRI) - GOLDEN GATE ESTATES 3, UNIT 29 BERKSHIRE p LAKES > (DRI) 32 ? 36 BRIAR WOOD 31 PROJECT BERKSHIRE < dU Z LAKES PROGENY O o (DRI) .E COMMERCE LOCATION CENTER LANE Z — Ja PARK J RADIO ROAD (C.R.856) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division,2800 North Horseshoe Drive,Naples,FL. • The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such. purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the ♦m meeting. 4-x EXHIBIT Mark Strain, Chief Hearing Examiner o YC U Collier County, Florida W -21�Z(v l No.231123945 February 6.2015 � • BLOCK LOT FRONTAGE K \• • CORNER INTERIOR \ \ LLOT LOT • BACK-TO- \ \ BACK LOTS LINTERIOR yy THROUGH CORNER J \ LOT / FLAG LOT LOT LOT LOT / \ • DEPTH LIDS / LOT LINES i LOT j • y '' WIDTH • / / • INTERIOR • CORNER LOT * L OT •• •• I - .. F -Z� STREET � _.--) / ._/ I -"- LOT LINES * MEASURED AT REQUIRED BUILDING SETBACK LINE L DC- 56.e Via.-; /_, lj - C). DE"F//U i 77oe..:5 F/6:CR- 41 HEX 2-26-15 ZVL(CUD) —PL20140002581 HERITAGE BAY PUD Ann P. Jennejohn — From: Reischl, Fred Sent: Tuesday, January 27, 2015 3:09 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Lang, Ashley; Kendall, Marcia Subject: Ad Request ZVL(CUD)-PL20140002581 Heritage Bay Attachments: Ad Request.docx; Ad Request - signed.pdf Please process the attached and acknowledge receipt at your earliest convenience.Also, please send confirmation for approval prior to processing. A map is NOT required for this ad. Thanks! Fred Fred Reischl, AICP Principal Planner Planning & Zoning Department Phone: 239-252-4211 colliergov.net Cat County Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Wednesday,January 28, 2015 2:23 PM To: Minutes and Records; Reischl, Fred Cc: Stone, Scott Subject: FW:Ad Request ZVL(CUD)-PL20140002581 Heritage Bay Attachments: Ad Request.docx;Ad Request - signed.pdf The title matches the one approved by our office, and the requested ad run date is good. OK to proceed. Wanda Rodriguez, ACT Advanced Certified Paralegal Office of the County Attorney (239)252-8400 From: ReischlFred Sent: Tuesday, January 27, 2015 3:09 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; Patricia L. Morgan; NeetVirginia; RodriguezWanda; LangAshley; KendallMarcia Subject: Ad Request ZVL(CUD)-PL20140002581 Heritage Bay Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for approval prior to processing. A map is NOT required for this ad. Thanks! Fred Fred Reischl, AICP Principal Planner Planning & Zoning Department Phone: 239-252-4211 colliergov.net i aunty Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 January 27, 2015 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on February 6, 2015, and furnish proof of publication to the attention of Fred Reischl, Principal Planner in the Planning & Zoning Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 114 gape advertisement, and the headline in the advertisement must be in a type no smaller than 18 point, The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please referencerc the followipapn ALL invoices: DEPARTMENT: PLANNING&ZONING Zoning Services Section FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 Auth�ciz Designee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,February 26, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104, to consider: PETITION NO. ZVL (CUD) — PL20140002581 -- Cameron Partners II, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of General Warehousing and Storage (SIC 4225), indoor air-conditioned mini-storage and self-storage only, is comparable in nature to other permitted principal uses within the Activity Center Commercial District under Section 6.4 of the Heritage Bay PUD, Ordinance No. 03-40, as amended. The subject property is located at the northeast quadrant of the Collier Boulevard (CR 951) and Immokalee Road intersection, in Section 23, Township 48 South, Range 26 East, Collier County, Florida. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Acct #076397 January 28, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: Petition ZVL (CUD) — PL20140002581, Heritage Bay Dear Legals: Please advertise the above referenced notice on Friday, February 6, 2015 and send Duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500154426 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 26, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL 34104 to consider: PETITION NO. ZVL (CUD) — PL20140002581 -- Cameron Partners II, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of General Warehousing and Storage (SIC 4225), indoor air-conditioned mini-storage and self-storage only, is comparable in nature to other permitted principal uses within the Activity Center Commercial District under Section 6.4 of the Heritage Bay PUD, Ordinance No. 03-40, as amended. The subject property is located at the northeast quadrant of the Collier Boulevard (CR 951) and Immokalee Road intersection, in Section 23, Township 48 South, Range 26 East, Collier County, Florida. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, January 28, 2015 1:22 PM To: Naples Daily News Legals Subject: ZVL (CUD) - PL20140002581 Attachments: ZVL (CUD) -PL20140002581.doc; ZVL (CUD) - PL20140002581.doc Hi there, Please advertise the attached on Friday, February 6, 2015. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Friday, January 30, 2015 1:02 PM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UASF5F4jpg Hi Ann! Please provide approval ASAP for publication on 02.06.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist Naples Daily News 0: 239-213-6061 F: 239-325-1251 E: cpolidora @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Thank you for placing your ad. Date 01/30/15 Publication NDN Account Number 787098 Ad Number 2047400 Total Ad Cost $284.66 HERITAGE BAY PUD ZVL (CUD)-PL20140002581 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M.,on Thursday, February 26, 2015, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610, Naples,FL 34104 to consider: PETITION NO. ZVL (CUD)-PL20140002581 --Cameron Partners II, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06,in which County staff determined that the proposed use of General Warehousing and Storage(SIC 4225),indoor air- conditioned mini-storage and self-storage only, is comparable in nature to other permitted principal uses within the Activity Center Commercial District under Section 6.4 of the Heritage Bay PUD,Ordinance No.03-40,as amended.The subject property is located at the northeast quadrant of the Collier Boulevard(CR 951)and lmmokaiee Road intersection, in Section 23,Township 48 South,Range 26 East, Collier County,Florida. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples,FL The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5355,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief.Hearing Examiner Collier County,Florida February 6,2015 No,2047400 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, January 30, 2015 1:24 PM To: Reischl, Fred; Rodriguez, Wanda; Neet, Virginia Subject: Ad Proof(HEX) Petition ZVL (CUD) PL20140002581/Heritage Bay PUD Attachments: UASF5F4jpg Hello, Attached is the proof for HEX Petition ZVL (CUD) - PL20140002581, Cameron Partners/Heritage Bay PUD that will run Friday, February 6th for the February 26th Hex Mtg. Please send your approval/and or any changes a.s.a.p. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Friday, January 30, 2015 1:02 PM To: Ann P. Jennejohn Subject: Ad Confirmation Hi Ann! Please provide approval ASAP for publication on 02.06.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist Naples Daily News 0: 239-213-6061 F: 239-325-1251 E: cpolidora @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Thank you for placing your ad. Date 01/30/15 Publication NDN Account Number 787098 Ad Number 2047400 Total Ad Cost $284.66 Ann P. Jennejohn From: Reischl, Fred Sent: Friday, January 30, 2015 2:25 PM To: Ann P.Jennejohn; Rodriguez, Wanda; Neet, Virginia Subject: RE: Ad Proof(HEX) Petition ZVL (CUD) PL20140002581/Heritage Bay PUD Looks good to Planning... Original Message From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Sent: Friday, January 30, 2015 1:24 PM To: ReischlFred; RodriguezWanda; NeetVirginia Subject: Ad Proof (HEX) Petition ZVL (CUD) PL20140002581/Heritage Bay PUD Hello, Attached is the proof for HEX Petition ZVL (CUD) - PL20140002581, Cameron Partners/Heritage Bay PUD that will run Friday, February 6th for the February 26th Hex Mtg. Please send your approval/and or any changes a.s.a.p. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Friday, January 30, 2015 1:02 PM To: Ann P. Jennejohn Subject: Ad Confirmation Hi Ann! Please provide approval ASAP for publication on 02.06.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist Naples Daily News 0: 239-213-6061 F: 239-325-1251 E: cpolidora @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Friday, January 30, 2015 3:48 PM To: Ann P. Jennejohn; Reischl, Fred Subject: RE: Ad Proof (HEX) Petition ZVL (CUD) PL20140002581/Heritage Bay PUD This one looks good too. Wanda Rodriguez, .ACT Advanced Certified TaraCegaf Office of the County.Attorney (239)252-8400 Original Message From: Ann P. Jennejohn [mailto:Ann.Jennejohn(ak ollierclerk.com] Sent: Friday, January 30, 2015 1:24 PM To: ReischlFred; RodriguezWanda; NeetVirginia Subject: Ad Proof (HEX) Petition ZVL (CUD) PL20140002581/Heritage Bay PUD Hello, Attached is the proof for HEX Petition ZVL (CUD) - PL20140002581, Cameron Partners/Heritage Bay PUD that will run Friday, February 6th for the February 26th Hex Mtg. Please send your approval/and or any changes a.s.a.p. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Friday, January 30, 2015 1:02 PM To: Ann P. Jennejohn Subject: Ad Confirmation Hi Ann! Please provide approval ASAP for publication on 02.06.15. Thanks! Carol Carol Polidora 1 Legal Advertising Specialist Naples Daily News 0: 239-213-6061 F: 239-325-1251 1 Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Thursday, February 05, 2015 10:56 AM To: Ann P.Jennejohn Subject: RE: Cameron Partners Ad 2047400 Confirmation Hmmm... Wonder why I didn't get these before...sorry about that... Released... Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidora @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Original Message From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Sent: Thursday, February 05, 2015 10:55 AM To: Polidora, Carol Subject: FW: Cameron Partners Ad 2047400 Confirmation Original Message From: Ann P. Jennejohn Sent: Friday, January 30, 2015 4:02 PM To: 'Polidora, Carol' Subject: RE: Ad Confirmation Beautiful Carol, please publish Friday, February 6th, 2015 Thank you! Ann Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Friday, January 30, 2015 1:02 PM To: Ann P. Jennejohn Subject: Ad Confirmation Hi Ann! Please provide approval ASAP for publication on 02.06.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist Naples Daily News 1 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News + COLLIER COUNTY HEX LAURA WELLS 2800 N HORSESHOE DR NAPLES FL 34104 REFERENCE: 076397 4500154426 59764491 NOTICE OF PUBLIC HEA NOTICE OF PUBLIC HEARING State of Florida Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., on Thursday, February 26, 2015, in the Counties of Collier and Lee Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Room 609/610, Naples,FL 34104 to consider: Before the undersigned authority, perso PETITION NO. ZVL (CUD) - PL20140002581 — Cameron Partners II, LLC requests appeared Dan McDermott, says that he sery affirmation of a zoning verification letter issued by the Planning and Zoning Inside Sales Supervisor, of the Naples Da Department pursuant to LDC Section 10.02.06, and Stor County staff determined that the proposed use of General Warehousing and Storage(SIC 4225), indoor air- a daily newspaper published at Naples, In conditioned rinci-al use9andynlf-the Ac only, is t -Zoasma ci nature to other permitted principal uses within the Activity Center Commercial District under Section 6.4 of theHerita a Ba PUD,Ordinance No.03-40,as amended.The subject County, Florida distributed in Collier Pmmokalee located R ad intersection,northeast the SouthaRange 256)East, and Lee counties of Florida; that the att Collier County,Florida. copy of advertising was published in said All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the newspaper on dates listed. record. Affiant further says that the said Napl available enteDvissiion, 2800cNorth News is a newspaper published at Naples, Horseshoe Drive,Naples,FL. Collier County, Florida, nd that the Sal decidestons peaminy's cisiooh becoyes final on the my renderged. If a person r , ppeal an decision made b the Collier Coun Hearin Examiner with respect to any matter considered at such meeting or hearing,he will need a record newspaper has heretofore been continuous1 of,that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and day and has been entered as second class evidence upon which the appeal is to be based. matter at the post office in Naples, in s If you are a person with a disability who needs any accommodation in order to Collier County, Florida, for a period of participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier Count y Facilities Management next preceding the first publication of t Department located at 3335 Tamiami two Trail East, Suite 9101, Naples, Florida 34112-5356,(239)252-8380,at least two da s prior to the,meetin attached copy of advertisement; and affia Mz•kStrain, further says that he has neither paid nor ChllierCo ing ,Fonder Collier Count,Florida � _ No 2047400 promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 02/06 AD SPACE: 86 LINE FILED ON: 02/06/15 Signature of Affiant r `, / /7 Sworn to and Subscribed bi,k ore me t �, day o41_ J `i' 20,' Personally known by me 11 _� �� / L� �1_'""' I. r MofMy P,C'State COQ••4t1:of Florida 0--- r• My C 185630 nrrDe ? OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez,ACP DATE: March 6, 2015 RE: Hearing Examiner Decision(s) from February 26, 2015. Attached are four signed HEX decisions from the Hearing Examiner hearing on February 26, 2015. HEX No. 2015-06 will be transmitted at a later date. Attachments: HEX No. 2015 —04 HEX No. 2015 —05 HEX No. 2015 —07 HEX No. 2015 —08 [05-00A-01253/813782/1]744 HEX NO. 2015—05 HEARING EXAMINER DECISION PETITION NO. ZVL (CUD) — PL20140002581 -- Cameron Partners II, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of General Warehousing and Storage (SIC 4225), indoor air-conditioned mini-storage and self-storage only, is comparable in nature to other permitted principal uses within the Activity Center Commercial District under Section 6.4 of the Heritage Bay PUD, Ordinance No. 03-40, as amended. The subject property is located at the northeast quadrant of the Collier Boulevard (CR 951) and Immokalee Road intersection, in Section 23, Township 48 South, Range 26 East, Collier County, Florida. DATE OF HEARING: February 26, 2015. STAFF RECOMMENDATION: Approval. FINDINGS: 1. The Hearing Examiner has jurisdiction to hear this matter pursuant to Section 2-87 of the Code of Laws and Ordinances, and Section 3.G.6. of the Administrative Code for Land Development. 2. Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 10.02.06.J of the Land Development Code has been met and the petition is approved. ANALYSIS: No members of the public were in attendance and no letters of objection were received. In addition to the comparable zoning analysis, Zoning Verification Letter ZVL(CUD)- PL20140002581 included a discussion and determination regarding the allowed height of buildings. The height determination was rendered by the zoning manager and not a subject of this hearing; as such the Hearing Examiner did not consider the height issue under this review. DECISION: The Hearing Examiner hereby approves Petition No. ZVL(CUD)— PL20140002581, filed by Frederick E. Hood, AICP of Davidson Engineering, Inc., representing Cameron Partners II, LLC, requesting approval of a zoning verification letter determining that the proposed use of General Warehousing and Storage (SIC 4225), indoor air-conditioned mini-storage and self-storage only, is comparable in nature to other permitted principal uses within the Activity Center Commercial District under Section 6.4 of the Heritage Bay PUD, Ordinance No. 03-40, as amended, on the property described herein, and affirms staff's determinations as stated in the Zoning Verification Letter attached as Exhibit A. [15-CPS-01410/1150960/1]12 1 of 2 ATTACHMENTS: Exhibit A -Zoning Verification Letter ZVL(CUD)—PL20140002581 LEGAL DESCRIPTION: Tract D, Heritage Bay Commons, according to the map or plat thereof as recorded in Plat Book 43, Page 46, Public Records of Collier County, Florida. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. 3 - 5 - 2LS— Pat 114 Date M , Hearing Examiner Approve as to form and legality: Scott A. Stone Assistant County Attorney [15-CPS-01410/1150960/1]12 2 of 2 Exhibit A tCo , Cou.Hty Page 1 of 2 Growth Management Division Planning & Zoning January 12, 2015 Fred Hood, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Re: Zoning Verification Letter ZVL(CUD)-PL20140002581; Heritage Bay PUD, Collier County, Florida, Folio Numbers 49660081080 & 49660081103 Dear Mr. Hood: Thank you for your request for a Comparable Use Determination. The subject property is zoned Planned Unit Development (Heritage Bay PUD). You requested a determination that air-conditioned, indoor min- and self-storage is comparable in nature with the permitted uses in the Activity Center District of the Heritage Bay PUD. The Heritage Bay PUD does not specifically permit the use of indoor storage, however, Section 6.4.A.59 of the PUD states that "any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use" may be considered a permitted use. You have provided evidence that a majority of the permitted uses in the Activity Center District of the PUD are permitted in the Commercial Intermediate (C-3) and General Commercial (C-4) districts. Indoor storage is a Conditional Use in the C-4 district, You also state that indoor storage is a less intense use than other permitted use, considering traffic, parking and utilities. Because indoor storage is generally a less intense use than many of the permitted uses in the PUD, it is the determination of the Planning Manager that the use of `General Warehousing and Storage (4225) indoor air-conditioned mini-storage and self-storage only" is comparable and compatible to the other permitted uses in the Activity Center District of the Heritage Bay PUD. You also state that due to lessened impacts on public infrastructure, indoor storage should be permitted to use the maximum building height designated for office uses of 65 feet. The Planning Manager has determined that indoor storage is a retail use and should be limited to the maximum building height of 50 feet for retail buildings. A PUD Amendment may be sought to change the maximum building height. Please note that this determination requires affirmation by the Hearing Examiner. You will be notified of the hearing date. Please be advised that the information presented in this verification letter is based on the LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net Exhibit A Page 2 of 2 amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject properly could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at (239) 252-4211 orfredreischl @colliergov.net. Researched and prepared by: Reviewed by: Fred Reischl, AICP, Principal Planner Raymo V. Bellows, Zoning Manager Planning & Zoning Planning & Zoning cc: Anis Moxam,Addressing Laurie Beard, PUD Monitoring AGENDA ITEM 4-D Co el' County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION HEARING: FEBRUARY 26, 2015 SUBJECT: ZVL(CUD)-PL20140002581, HERITAGE BAY PUD PROPERTY OWNER/AGENT: Owner: Cameron Partners II, LLC 11586 Quail Village Way Naples, FL 34119 Agent: Frederick E. Hood, AICP Davidson Engineering,Inc. 4365 Radio Road, Suite 201 Naples, Fl 34104 REQUESTED ACTION: The Applicant wishes to have the Collier County Hearing Examiner (HEX) affirm a determination by the Planning Manager that the proposed use of indoor, air-conditioned mini- and self-storage is comparable and compatible to other permitted uses in the Activity Center Commercial District under Section 6.4 in the Heritage Bay PUD. GEOGRAPHIC LOCATION: The subject site is 11.53±acres,described as Tract D of the Heritage Commons plat ZVL(CUD)-PL20140002581 Page 1 of 4 ldt EXHIBIT Heritage Bay y)) A z 2/2b/t5 a SURROUNDING LAND USE & ZONING: Subject: Undeveloped land; zoned Heritage Bay PUD North: Bellaire Bay Drive ROW, across which is multifamily residential and undeveloped land; zoned Heritage Bay PUD East: Bellaire Bay Drive ROW, across which are storm water ponds, zoned Heritage Bay PUD South: Immokalee Road ROW; across which are an agricultural operation; zoned A and a residential subdivision; zoned Bent Creek Preserve PUD West: Developed and undeveloped commercial; zoned Heritage Bay PUD .TwK...;'T I ' i ;� �� • ) �V■ II`' I" r11(i____'I��II :' lam+• i T 1 �y1 t 1 I ♦. .�1 It r IiIlU6 �Illlws+....r.il��+/i I-I'lh�. _ w. ,�• i {� J// i Xt 1 • I fir ' t�,,l, I�( .. ,, , 4 j + - •. - r' fin_ - art_ w I - .....4 ,, 1 , .1E, Br Aerial Photo(CCPA) PURPOSE/DESCRIPTION OF PROJECT: The Applicant wishes to construct an indoor, air-conditioned mini- and self-storage building on a commercial tract(Tract D)of the Heritage Bay PUD. The Heritage Bay PUD does not specifically permit the use of indoor storage, however, Section 6.4.A.59 of the PUD states that "any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use" may be considered a permitted use. The applicant requested a Zoning Verification Letter (ZVL) from the Planning Manager. This hearing is to seek affirmation of that opinion by the HEX. ZVL(CUD)-PL20140002581 Page 2 of 4 Heritage Bay ANALYSIS: You have provided evidence that a majority of the permitted uses in the Activity Center District of the PUD are permitted in the Commercial Intermediate (C-3) and General Commercial (C-4) districts. Indoor storage is a Conditional Use in the C-4 district. You also state that indoor storage is a less intense use than other permitted use, considering traffic, parking and utilities. Because indoor storage is generally a less intense use than many of the permitted uses in the PUD, it is the determination of the Planning Manager that the use of"General Warehousing and Storage (4225) indoor air-conditioned mini-storage and self-storage only" is comparable and compatible to the other permitted uses in the Activity Center District of the Heritage Bay PUD. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for Petition ZVL(CUD)- PL201400002581 on February 11, 2015. SAS STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner affirm the opinions of the Zoning Manager that: The use of"General Warehousing and Storage (4225) indoor air-conditioned mini- storage and self-storage only" is comparable and compatible to other permitted uses in the Activity Center District of the Heritage Bay PUD. Attachments: A. Zoning Verification Letter. B. Heritage Bay PUD C. Application ZVL(CUD)-PL20140002581 Page 3 of 4 Heritage Bay PREPARED BY: (77 /© } R} D"REISCHL,AICP DATE PRINCIPAL PLANNER REVIEWED BY: RAY it 'D V. BELLOWS DATE ZON 11 1 MANAGER MICHAEL BOSI,AICP, DIRECTOR DATE PLANNING AND ZONING DEPARTMENT ZVL(CUD)-PL20140002581 Page 4 of 4 Heritage Bay CO 7e7' C•o14 aty Growth Management Division Planning & Zoning January 12, 2015 Fred Hood, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Re: Zoning Verification Letter ZVL(CUD)-PL20140002581; Heritage Bay PUD, Collier County, Florida, Folio Numbers 49660081080 &49660081103 Dear Mr. Hood: Thank you for your request for a Comparable Use Determination. The subject property is zoned Planned Unit Development (Heritage Bay PUD). You requested a determination that air-conditioned, indoor min- and self-storage is comparable in nature with the permitted uses in the Activity Center District of the Heritage Bay PUD. The Heritage Bay PUD does not specifically permit the use of indoor storage, however, Section 6.4.A.59 of the PUD states that "any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use" may be considered a permitted use. You have provided evidence that a majority of the permitted uses in the Activity Center District of the PUD are permitted in the Commercial Intermediate (C-3) and General Commercial (C-4) districts. Indoor storage is a Conditional Use in the C-4 district. You also state that indoor storage is a less intense use than other permitted use, considering traffic, parking and utilities. Because indoor storage is generally a less intense use than many of the permitted uses in the PUD, it is the determination of the Planning Manager that the use of"General Warehousing and Storage (4225) indoor air-conditioned mini-storage and self-storage only" is comparable and compatible to the other permitted uses in the Activity Center District of the Heritage Bay PUD. You also state that due to lessened impacts on public infrastructure, indoor storage should be permitted to use the maximum building height designated for office uses of 65 feet. The Planning Manager has determined that indoor storage is a retail use and should be limited to the maximum building height of 50 feet for retail buildings. A PUD Amendment may be sought to change the maximum building height. Please note that this determination requires affirmation by the Hearing Examiner. You will be notified of the hearing date. Please be advised that the information presented in this verification letter is based on the LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104.239-252-2400•www.colliergov.net amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at (239) 252-4211 or fredreischl @colliergov.net. Researched and prepared by: Reviewed by. 73d- Fred Pesch!. AICP, Principal Planner Raymo V. Bellows, Zoning Manager Planning &Zoning Planning & Zoning cc: Anis Moxam,Addressing Laurie Beard,PUD Monitoring $ cntY • 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 J & Code of Laws section 2-83—2-90 Chapter 3 G.6 of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED PUD Zoning District Straight Zoning District APPLICANT CONTACT INFORMATION Name of Applicant(s): Thomas Carollo, Managing Member, Cameron Partners, LLC Address: 11586 Quail Village Way city: Naples State: FL ZIP: 34119 Telephone: 239.860.2317 Cell: Fax: E-Mail Address: carollocarr @aol.com 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 Site Address: Heritage Bay Commons Tract D Folio Number: 49660081080 and 49660081103 Property Owners Name: Cameron Partners II, 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 110 permitted uses in the Hentage Bay Commons PUD or in the Straight Zoning District." 9/25/2014 Page 1 of 2 I i • • 9jruy 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 1 • • 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 © C • • website) • • • Determination request and the justification for the use z x 0 • ..•• . • PUD Ordinance and Development Commitment information 0 Electronic Copies of all documents *Please advise: The Office of the Hearing Examiner requires all 0 © U • 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: Ll 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. P 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 3______:\ 11/19/2014 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 P AviosoN • LIST OF EXHIBITS EXHIBIT A Zoning Verification—Comparable Use Determination Request EXHIBIT B Ordinance 03-40, Heritage Bay PUD EXHIBIT C Ordinance 10-24, Heritage Bay PUD EXHIBIT D Original Heritage Bay Commons Plat EXHIBIT E Heritage Bay Commons Tract D Replat 4110 EXHIBIT F Zoning and Tract Information EXHIBIT G Affidavit of Authorization EXHIBIT H Recorded Warranty Deed • Heritage Bay Commons PUD Zoning Verification Letter— Comparable Use Determination Request www.davidsonengineering.com • • • • • De EXHIBIT A DE DAVIDSON Fi+..INE EP ING S ZONING VERIFICATION APPLICATION 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 Heritage Bay PUD (Ordinance NO. 03-40 and Amended Ordinance 10-24) as written. Section VI 6.4.59 of the Heritage Bay PUD permits the following: "Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use." Tract D within the Heritage Bay PUD was platted as part of the Heritage Bay Commons Plat (Plat Book 43, Pages 46-54). This Tract is currently under review with Growth Management for a proposed Re-plat (PL20130002392) and is currently undeveloped. The PUD zoning includes a variety of land uses typical of commercial and institutional 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 previously submitted comparable use determination (CUD) applications that the proposed use has been deemed consistent with the permitted land uses in PUD's with similar language, content and most of all;uses. S The commercial uses contained within the PUD are comparable in nature with C-3 to C-4 land uses.This CUD application seeks to establish that the proposed land use is comparable in nature to the approved uses contained within the Activity Center designation of the Heritage Bay PUD. The applicant requests that Collier County review the attached PUD (Ordinance 03-40, Heritage Bay) 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 Heritage Bay PUD 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) 41, Heritage Bay PUD—Ord.03-40: Zoning Verification—Comparable Use Determination Request 1 www.davidsonengineering.com DE p y,R5411 S • 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 Heritage Bay 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. 2. Due to the lessened impacts on existing public infrastructure and the self-contained and enclosed nature of the proposed land use, please confirm that air conditioned, enclosed mini- and self-storage warehousing (Group 4225) is more in line with the office land use for purposes of maximum height limitations. S 1 ffE Heritage Bay PUD—Ord.03-40: • Zoning Verification—Comparable Use Determination Request 2 www.davidsonengineering.com DC PAYIPARti S 1 S EXHIBIT B • i 1 • JI ORDINANCE NO.03- 4 0 ._ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 _; *,11/192°4'7 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS F.- FOR THE. UNINCORPORATED AREA OF COWER COUNTY, • I j FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS I 4 iL 7, NUMBERED 86135, 8613N, 86145, 8614N, 8 ,6235, 8623N, 8624S r . �. • r �/ AND $624N BY CHANGING THE ZONING CLASSIFICATION OF • 4, THE HEREIN DESCRIBED REAL PROPERTY FROM 'A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT ♦c�9igxl,•.�'� KNOWN AS THE "HERITAGE BAY PUD" LOCATED ON THE DI i NORTHEAST CORNER OF IMMOKALEE ROAD (CR. 846) AND COLLIER BOULEVARD(C R. 951), IN SECTIONS 13, 14, 23, AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 2,562 ACRES,AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Richard Woodruff, AICP, of WilsonMiller, Inc., representing U.S. Home Corporation, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County,Florida,that: SECTION ONE: The zoning classification of the herein described real property located in Sections 13, 14, 23, and 24, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the "Heritage Bay" PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning • Atlas Maps numbered 8613S, 8613N, 86145, 8614N, 8623S, 8623N, 8624S and 8624N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this 29th day of JULY ,2003. • oosottatrtnr" • BOARD OF COUNTY COMMISSIONERS t 'S COLLIER CO TY,FLO' DA .s ;..,/,\7,4, •' . 'X TOM G, •HAIRMA • `Ay"' °re'r^ CLERK wHomoitio �Ct7r10�,t w` Approved as to Form and Legal Sufficiency This ordinance filed with the Sec rotary of$ e'2< tote •� Jab.day of Magari .Student and othrwwledgeme+'+ of that Assistant County Attorney fill • rata • this day 4 By JON- PUDZ-2002-AR-2641/RH/ry S HERITAGE BAY A PLANNED UNIT DEVELOPMENT PREPARED FOR: U.S. Home Corporation 10491 Six Mile Cypress Parkway Suite 101 Fort Myers, Florida 33912-6404 PREPARED BY: • WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 ti and Young, van Assenderp, Vamadoe 8 Anderson, PA 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 DATE FILED: July 2002 REVISED: February 2003 REVISED: May 2003 REVISED: July 30, 2003 DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: Jnr.V ?9. 2003 ORDINANCE NUMBER:2nn1-ap 5 7m043-119347 V1r 121.0,EM wo NO442-005.003 PPN$-26102 • TABLE OF CONTENTS SECTION PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL DISTRICTS 3-1 SECTION IV VILLAGE CENTER DISTRICT 4-1 SECTION V RECREATION, OPEN SPACE DISTRICT 5-1 SECTION VI ACTVITY CENTER COMMERCIAL DISTRICT 6-1 SECTION VII CONSERVATION AND PRESERVATION DISTRICT 7-1 • EXHIBITS EXHIBIT A HERITAGE BAY MASTER CONCEPT PLAN (WilsonMiller file#C-0442-55, sheet 1 of 2) EXHIBIT B LOCATION MAP EXHIBIT C HERITAGE BAY BICYCLE PEDESTRIAN PLAN (WilsonMiller file#C-0442-55, sheet 2 of 2) EXHIBIT D-1 WELL SITES PLAN EXHIBIT D-2 POTENTIAL WELL LOCATIONS PLAN 7nI12110.1 1 ■347 V«:12.OWEWR cram NO442 D ORM.PPr4S 26907 i 0 STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of U.S. Home Corporation, hereinafter referred to as U.S. Home, to create a Planned Unit Development (PUD) on 2,562± acres of land located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Heritage Bay. The development of Heritage Bay will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The development will be consistent with the adopted growth policies and land development regulations of the GMP Future Land Use Element (FLUE) and other applicable regulations for the following reasons: 1. Heritage Bay encompasses four square miles of land (Sections 13, 14, 23 and 24, Township 48 South, Range 26 East). Section 23, located at the northeast quadrant of the intersection of Collier Boulevard (County Road 951) and Immokalee Road, is within the GMP's urban boundary and is classified as Urban Residential. Forty acres at the intersection of Collier Boulevard (County Road 951) and Immokalee Road is identified as "Activity Center#3. The remaining three sections within Heritage Bay, Sections 13, 14 and 24, are designated as Rural Fringe Mixed Use. 2. An Urban-Rural Rural Fringe Transition Zone Overlay (URFTZO) encompasses all four square miles of the Heritage Bay PUD. This Overlay includes nine performance standards. The Heritage Bay PUD is consistent with each of these standards URFTZO Standards • 1. The Heritage Bay PUD exceeds Standard#1 by providing a minimum of 863 acres in its Conservation/Preservation designation which are contiguous to off-site wetlands • o • wned by the Corkscrew Regional Ecosystem Watershed (CREW). 2. The Heritage Bay PUD exceeds the 40% required native vegetation requirement. 3. The Heritage Bay PUD exceeds the 70% open space requirement. 4. To the greatest extent practical, the existing rock quarries are incorporated into the regional water management system and utilized to accommodate the passing through of off-site water flows and may be used for recreational purposes. 5. The Heritage Bay PUD will connect to the County's regional water and wastewater facilities. 6. The Heritage Bay PUD does not exceed the 3,450 (not including the 200 ALF units) maximum number of residential units on the entire Heritage Bay property. 7. The Heritage Bay PUD is designed to encourage internal vehicle trip capture by providing commercial and recreational uses and providing for pedestrian and bicyclist access to internal community recreation and convenience retail centers. Internal project roadways are connected and provide access to the Activity Center. 8. The Heritage Bay PUD complies with the limitations for commercial development within the URFTZO. The Heritage Bay Activity Center is limited to 40 acres and the three 'Village Centers" are limited to 26 acres. The Activity Center commercial uses include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses. The Village Center commercial uses include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square feet of office uses. , ID 741!1001 11047 VI,121-OVYEMi CYq N0,22.000-003.PP1.40•20902 9. Section 5.4N of the Heritage Bay PUD requires that one transfer of development • right credit shall be acquired from areas identified by the County as"Sending Lands" for each five gross acres of land area utilized as part of the golf course(s). 3. The Heritage Bay PUD includes property designated as Urban, Urban Commercial District, • • Mixed Use Activity Center Sub-District, Activity Center #3, a "master-planned mixed use Activity Center". GMP FLUE Section I B 1 states that such master-planned mixed use Activity Centers ". . are understood to be flexible and subject to modification". The Heritage Bay Activity Center is consistent with the 40-acre size limitation. Its configuration responds to existing and future surrounding land uses. 4. Heritage Bay is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 5. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 6. The development of the Heritage Bay PUD will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the FLUE. SHORT TITLE This Ordinance shall be known and cited as the "HERITAGE BAY PLANNED UNIT DEVELOPMENT ORDINANCE". 411 7x22003-119317 1Ar.101-DVYEM CYO N0442-00-003.PPN9.23902 1-1 • SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Heritage Bay PUD, and to describe the existing condition of the property proposed to be developed. • 1.2 LEGAL DESCRIPTION • • All of Sections 13, 14, 23 and 24, and less to the South 100 feet of Sections 23 and 24, Township 48 South, Range 26 East, Collier County, Florida. 1.3 PROPERTY OWNERSHIP Purchase contracts have been entered into with the existing property owners. Closings will occur and property acquisition will be concluded at such time as project development plans have been approved by the County and other jurisdictional agencies. The project purchaser/developer is U.S. Home Corporation, whose address is 10491 Six Mile Cypress Pkwy, Fort Myers, Florida 33912. 1.4 GENERAL DESCRIPTION OF PROPERTY SA. The project site is located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County, Florida, containing approximately 2,562 acres and is generally located at the northeast corner of the Immokalee Road (CR 846) and Collier Boulevard (County Road 951)intersection. 'B. The property has been actively mined for limerock by Florida Rock Industries for over 28 years. Currently the mine is active with 414± acres of existing quarries and is permitted to mine an additional 1,288± acres for an additional 25 years. Sections 13, 14 and 24 of the property contain large wetland areas to the north, which are contiguous to wetlands proposed for the Cocohatchee West Flow-way and approved for designation by the Corkscrew Regional Ecosystem Watershed (CREW) Trust. Approximately 533 acres of the wetlands which exist on the property are in a conservation easement granted to CREW. C. The Heritage Bay PUD is bordered on the east by the Bonita Bay East golf courses, on the north by CREW lands approved for designation as a Natural Resource Protection Area and on the west by the Mirasol PUD. To the south is Immokalee Road. D. The existing ground elevation of the Heritage Bay PUD varies from approximately 11.0 to 15.5 feet NGVD. 717/2001111147 V. ,q.OWEM CNp P40442 005 007.PPHS-26402 • 1-2 • 1.5 DEVELOPMENT OF REGIONAL IMPACT The Development of Regional Impact (DRI) has been submitted for approval in accordance with Florida Statues, Chapter 380.06. Nothing in this PUD Ordinance shall be deemed to waive the DRI and other vesting provisions of Florida Statutes, Section 163.3167(8) and Chapter 380. 1.6 DEVELOPMENT PARAMETERS A. The number of dwelling units to be built in the Heritage Bay PUD pursuant to this PUD and DRI development order will not exceed 3,450 plus an Assisted Living Facility containing up to 200 units. B. Up to 54 holes of golf may be built in the Heritage Bay PUD. C. Commercial activities are limited to a total of 40 acres within the Activity Center located at the northeast quadrant of the intersection of Collier Boulevard and Immokalee Road and three 'Village Centers"totaling approximately 26 acres within the residential part of Heritage Bay. The Activity Center commercial uses will include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses. The Village Center commercial uses will include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of manna related retail uses, and 5,000 square feet of office uses. • D. Conservation and Preserve Areas will total a minimum of 863 acres. • 1.7 DENSITY • ,P. A maximum of 3,450 dwelling units and an Assisted Living Facility containing up to 200 units may be built on the Heritage Bay PUD's 2,5621 acres. The gross project density will be a maximum of 1.3 units per acre. For the purpose of calculating density, each assisted living facilities/congregate care facilities unit shall be considered to be equal to .33 of a residential dwelling unit. • B. At all times all property included within the Heritage Bay PUD shall be included in determining project density including property reserved or to be dedicated for public uses, such as, but not limited to, public roadways and conservation areas. • • 71112003.1101.7 VK 101.MEM c..] 1404.7.005-001 PP14S 20102 1-3 • 1.8 BUILDING HEIGHT-DEFINITION The vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See Section 2.6.3 of the LDC, Exclusions from Height Limits). Required minimum floor elevations shall be in conformance with the Collier County Building Construction Administrative Code and, if necessary, FDEP requirements for minimum habitable first-floor structural support. Infrastructure in support of the building, such as mechanical rooms for fire suppression and/or air conditioning equipment and elevator shafts are not included in the determination of building height. Accessory facilities are also exempted from the limitations established for measuring the height of buildings. 1.9 EXISTING EARTHMINING AND RELATED PROCESSING, ASPHALT PLANT, COMMERCIAL EXCAVATION AND OFF-SITE HAULING Nothing in this PUD Ordinance shall limit prior approvals for and the continuation and expansion of the existing earth mining and related processing, asphalt plant, commercial excavation and off-site hauling operations, by Florida Rock industries, Inc. and the Mule Pen Quarry Corporation, their successors and assigns, hereinafter collectively referred to as "Florida Rock Industries." on all areas of the Heritage Bay PUD not designated as a Preserve Area, • • • • 711/2003.110347 V..101•MOIR GNN NM42 035 003 PPNS.26002 2-1 • I SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Heritage Bay PUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Heritage Bay PUD, a proposed 2562* acre master planned community located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East in Collier County, Florida, will include a range of single family and multi-family housing, an assisted living facility and both water-related and golf-related amenities, along with three Village Centers, which will provide many services and facilities that support its residents, including, but not limited to club facilities, community meeting rooms, small scale neighborhood commercial goods and services, and a recreation center. The development also includes an Activity Center located at the northeast quadrant of the intersection of Collier Boulevard (County Road 951) and Immokalee Road. Approximately 533 acres of the subject property's wetlands are in a conservation easement that has been granted to the CREW Trust. Additional undisturbed natural wetlands and uplands on the north end of the property and a mitigation area located • near Immokalee Road bring the total Conservation and Preserve Area shown on the Master Concept Plan to 863 acres. The Heritage Bay PUD Master Concept Plan is illustrated graphically on Exhibit "A" (WM, Inc. File No. C-0442-55). A Land Use Summary indicating approximate land use acreages is shown on the Master Concept Plan. The location, size, and configuration of individual tracts shall be determined at the time of preliminary subdivision plat approval with minor adjustments permitted at the time of final plat approval, in accordance with Section 3.2.7.2 of the LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Heritage Bay PUD shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC which are in effect at the time of issuance of any development order to which said regulations relate and which authorize the construction of improvements, such as but not limited to final subdivision plat,final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. 7/2Y100 11*717 prE/N M NIt-00 S-00}PPM&76964 02 • 2-2 C. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the LDC remain in effect with respect to the development of the land which comprises this PUD. D. All conditions imposed herein are part of the regulations which govern the manner in which the land may be developed. E. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to the Heritage Bay PUD, except where an exemption is set forth herein or otherwise granted pursuant to Section 3.2.4 of the LDC. F. The Site Development Plans Division of the LDC (Article 3, Division 3.3)shall apply to the Heritage Bay PUD, except where an exemption is set forth herein or otherwise granted pursuant to Section 3.3.4 of the LDC. 2.4 COMMUNITY DEVELOPMENT DISTRICT The developer may elect to petition to establish a Community Development District (CDD) to provide and maintain infrastructure and community facilities needed to serve all of or a portion of the project. Such a CDD would constitute a timely, efficient, effective, responsive measure to ensure the provision and on-going maintenance of facilities and infrastructure for the proposed development. Such infrastructure improvements, as would be constructed, managed and financed by such a CDD, shall be subject to, and shall not be inconsistent with, the GMP and all applicable ordinances dealing with planning and permitting of the Heritage Bay project. 2.5 SUBSTITUTIONS TO DESIGN STANDARDS A. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval. The developer also retains the right to establish gates, guardhouses, other access controls, signs and monuments as may be deemed y appropriate by the developer on all project roadways. B. Roadways within the Heritage Bay PUD shall be designed and constructed in accordance with Section 3.2.8. of the LDC with the following substitutions: 1. LDC, Section 3.2.8.3.19: Street name signs shall be approved by the Planning Services Director, but need not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. The requirements for street pavement painting, street striping, and reflective edging shall be waived. 2. LDC, Section 3.2.8.4.16.6: The 1,000-foot length cul-de-sac street maximum shall be waived. 3. LDC, Section 3.2.8.4.16.5—Street right of way width: The minimum right of way to be utilized for a local street within the Heritage Bay PUD shall be 50 feet. 7R1/40.7-1111147 Vs.141-DWENR Gb •NW42-003-0111 PVFIS-7E1102 .••• • 2-3 C. A pedestrian and bicycle pathway network shall be established throughout the project as shown conceptually on the Heritage Bay PUD Bicycle/Pedestrian Plan. The pedestrian and bicycle system will serve to link the Activity Center and the three Village Centers areas with residential uses throughout the project. See Exhibit"C". Sidewalks and bike paths shall conform to Section 3.2.8.3.17 of the LDC except as follows. 1. All streets designated as"Bikepath Loop" on Exhibit"C"shall have a 4-four foot wide bike lane on each side of the street within the right-of-way. 2. All locations designated as"Sidewalk"on Exhibit"C"shall have a 4-foot wide sidewalk on one side of the street within the right-of-way or an off-street sidewalk. 3. The area designated as internal"Bikepath/Sidewalk Loop"on Exhibit"C"shall have an 8-foot wide internal bikepath/sidewalk loop permitted within the drainage and maintenance easement(s). 2.6 PROJECT NAME AND ROAD NAMES The provisions of Section 3.2.7.1.2 and 3.2.8.3.19 of the LDC and Ordinance No. 03-14 which place restrictions on the duplication or use of closely approximate names, for projects and subdivisions shall be waived to allow the entire project and subdivisions within the project to utilize the words "Heritage Bay" as part of their respective names, provided that: A. Only the main entrance road within the Heritage Bay PUD may be named Heritage Bay Boulevard. B. No other roadway within the Heritage Bay PUD will include the word "Heritage" in its name. All roadway names shall be subject to approval by the Planning Services Director during the preliminary subdivision plat approval process. 2.7 CAKE SETBACK AND EXCAVATION A. As depicted on the Heritage Bay PUD Master Concept Plan, lakes have been preliminarily sited, with the ultimate location and configuration to be determined during the site development review stages of project development. B. All lakes greater than two acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the LDC. C. Lake banks and edge of water may be sculpted for aesthetic purposes and to complement the overall project theme. The developer may use combinations of vertical bulkheads (rock, concrete, wood), vegetation, beach and earthen berms for aesthetic purposes, consistent with the intent of Section 2.8.3.7.4 of the LDC. Sidewalks may be constructed along the lake edges. D. Final lake area determinations shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7. of the LDC. T23r20o11lW1 Vet,II.O/YEM1 �., M447 OOLGO).►MS.21002 • 2-4 E. Lake Setbacks 1. The lake setback requirements described in Section 3.5.7.1 of the LDC may be reduced with the administrative approval of the Community Development and Environmental Services Administrator. 2. Lake excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, unless bulkheading is provided, per LDC and Florida Department of Transportation (FDOT) standards: a. Lakes and stormwater management features may be located adjacent to internal roads. The roads shall be designed to AASHTO road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and barriers, b. Lakes and stormwater management features shall be set back a minimum of 20 feet from external property boundaries of the Heritage Bay PUD. 2.8 MODEL HOMES/SALES CENTERS/SALES OFFICES/CONSTRUCTION OFFICES A. Model homes, sales centers, sales offices, construction offices, and other uses and structures including temporary sales and temporary service centers related to the promotion and sale of real estate, such as but not limited to pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Heritage Bay PUD subject to the requirements of Section 2.6.33.4 and, Section 3.2.6.3.6 of the LDC. B. The limitation of Section 2.6.33.4.1.5(a) of the LDC, regarding the number of model homes allowed prior to plat recordation shall be applicable to each subdivision tract rather than each subdivision phase. C. The model home/sale centers temporary use permits shall be valid through the buildout of the project with no extension of the temporary use required. D. Model home/sale centers may be either wet or dry facilities. The model home/sale centers may use septic tanks or holding tanks for waste disposal subject to permitting under Section 10D-6, Florida Administrative Code, and may use potable water,existing lakes or irrigation wells for irrigation. u7 23I2003 t 19317 Vx'.IC-MENA • NWt-0OS-003 PPK7.2010 • 110 2-5 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or the Heritage Bay PUD Master Concept Plan.as provided in Section 2.7.3.5 of the LDC. Minor changes or refinements as described herein may be made in connection with any type of development or permit application required by the LDC. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Heritage Bay PUD Master Concept Plan upon written request of the developer. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County GMP and the Heritage Bay PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights-of-ways, including a relocation of access points to the Heritage Bay PUD itself, where water management facility, preservation areas, or required easements are not adversely affected or otherwise provided for. 3. Reconfiguration of parcels when there is no encroachment into the conservation area. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County Staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations in effect prior to the Community Development and Environmental Services Administrator's consideration for approval. D. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for subdivision or site development plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 7/23i200:5 111141 V..141.MEMO r.1e MWI2-005-005 PONS-201102 • • 2-6 2.10 COMMON AREA MAINTENANCE Common area maintenance will be provided by a CDD or a Property Owners' Association. For those areas not maintained by a CDD, the developer shall create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. A CDD or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving the Heritage Bay PUD, in accordance with the provisions of Collier County Ordinances, together with any applicable permits from the South Florida Water Management District. Most common area maintenance will be provided by a Property Owners' Association or other appropriate entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the LDC, Section 2.2.20.3.8. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Heritage Bay PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 410 1. Grassed berms 3:1 2. Ground covered berms 2:1 3. Rip-Rap berms 1:1 with geotextile mat 4. Structural walled and stacked rock berms—vertical B. Fence or wall maximum height: Ten feet as measured from the finished floor elevation of the nearest residential structure within the development. If a fence or wall is constructed on a landscaped berm which includes materials to minimize the visual impact of the wall, the wall height shall be measured from the top of the berm elevation and shall not exceed 8 feet in height. C. Fences and walls which are an integral part of security and access control structures such as gatehouses and control gates shall be governed by the height limitations for principal structures of the District in which they are located. In the case of access control structures within rights-of-way adjoining two or more different Districts, the more restrictive height standard shall apply. D. Fences or walls may be placed zero feet from the internal rights-of-way provided that shrubs are provided in the right-of-way and may be located five feet from the project perimeter. 7121r4101-1183.7 v«,4,.OWEHR wo No.a-aosoo}tea-26102 2-7 • E. Water management systems, drainage structures and utilities are allowed in landscape buffers/easements subject to the provisions in Section 2.4.7.3 (1), (2) and (3) of the LDC. Pedestrian sidewalks and or bike paths and signs are allowed in landscape buffers/easements subject to the provisions of Section 2.4.7.3.(4) of the LDC. F. Within the project, landscaping (including palm trees, shrubs and ground cover), sidewalks/paths will be allowed within a utility easement, including placement within three feet of a utility line. Canopy trees may be located seven feet from the utility line, said seven feet being measured from the trunk of the tree to the center of the utility line. Reconstruction of sidewalks/paths, or modification/reinstallation of plant materials due to the necessary maintenance of utility lines will be the responsibility of the developer, its successors, or assigns. 2.12 CLEARING AND FILL STORAGE A. Fill storage is generally permitted as a principal use throughout the Heritage Bay PUD. Fill material may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the developer shall notify the Community Development and Environmental Services Administrator. The following standards shall apply: 1. Stockpile maximum height 45 feet 2. Fill storage areas in excess of 5 feet in height shall be separated from developed areas by fencing, excavated water bodies or other physical 10 barriers, if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). B. Soil erosion control shall be provided in accordance with Division 3.7 of the LDC. 2.13 PRELIMINARY SUBDIVISION PLAT PHASING %Submission, review, and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.14 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Heritage Bay PUD except in the Preserve District. General permitted uses include the continuation of earth mining, asphalt/concrete plant, rock crushing and commercial excavation operations, and those uses which generally serve the residents of the Heritage Bay PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Section 2.6.9.1 of the LDC. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. WAS-11 yr tab pMIE 3. M S 2-8 4. Septic system for remote golf shelters 5. Water management facilities and related structures including lakes with bulkheads or other architectural or structural bank treatments. 6. Guardhouses, gatehouses, and access control structures. 7. Architectural features and elements including walls, fences, arbors, gazebos and the like. 8. Community and neighborhood parks, boardwalks, trails and recreational facilities. 9. Temporary construction, sales, and administrative offices for the developer and the developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 10. Landscape/hardscape features including, but not limited to, landscape buffers, berms,fences, water features and walls subject to the standards set forth in Section 2.11 of the Heritage Bay PUD. 11. Fill storage, site filling and grading are subject to the standards set forth in Section 2.12 of the Heritage Bay PUD. 12. Earth mining and related processing, asphalt/concrete plant, rock crushing, commercial excavation and off-site hauling, subject to the terms of prior • approvals referenced in Section 2.7 — Lake Setback and Excavation of the Heritage Bay PUD and the following: a. Florida Rock Industries will continue to conduct mining operations and mining related activities on portions of the site pursuant to Collier County Excavation Permit No. 59.113, and any subsequent modifications approved by Collier County, for the portions of the property owned by Florida Rock Industries. This project will be developed in stages through transfer of property ownership from Florida Rock Industries to U.S. Home Corporation. b. Where the existing approvals and excavation permit are less restrictive by their terms than the provisions of the Heritage Bay PUD approval, the provisions of the existing excavation permit and other approvals shall prevail for any areas that remain owned by Florida Rock Industries, Inc. For any areas that are transferred to U.S. Home, the terms of the Heritage Bay PUD Ordinance shall control. c. Excavation for earth mining shall be consistent with that shown on the Heritage Bay PUD Master Concept Plan. No additional impacts to the Preserve Area shall be allowed as a result of the existing excavation permit for earth mining activities. 7Q3/2003.111347 V., 141.1 1 G�1 143447-0034301 1.141i6.211102 2-9 B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to general permitted uses: 1. Guardhouses, gatehouses, signage, landscape features, and access control structures shall have no required setback. 2. Other general permitted uses shall be set back a minimum of five feet from property lines except for the temporary treatment plant which shall have a minimum setback of 100 feet from property lines. 3. Minimum distance between structures which are part of an architecturally unified grouping—Five feet. 4. Minimum distance between unrelated structures—Ten feet. 5. Maximum height of buildings—35 feet. 6. Maximum height of architectural features—65 feet. 7. Maximum height of earth mining, asphalt/concrete plant and rock crushing structures-50 feet. 8. Minimum floor area-None required. 9. Minimum lot or parcel area-None required. 10. Sidewalks and bikepaths may occur within County required buffers subject to the provisions in Section 2.4.7.3.(4) of the LDC. 11. Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein, are to be in accordance with the LDC provision(s)in effect at the time this PUD is approved. 2.15 OPEN SPACE REQUIREMENTS The Heritage Bay PUD Master Concept Plan identifies approximately 17931 acres included in the preserves, lakes, recreation, open space, golf courses and buffer areas. These areas fully satisfy the open space requirements of Section 2.6.32 of the LDC and the requirement in the Urban-Rural Fringe Transition Zone Overlay that "70% of the property be open space". 2.15 NATIVE VEGETATION RETENTION REQUIREMENTS The 8631 preserve acres on site fully satisfy the requirements of Section 3.9.5.5.2. of the LDC. 7RL7001119347 Wt't41 M HR [ � YO iw442a06407.PPM1 20902 411 2-10 2.17 SIGNAGE A. General 1. All Collier County sign regulations in force at the time of approval of this Ordinance shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. 3. Should any of the signs be placed within a County dedicated right-of-way, a right-of-way permit shall be applied for and approved, except for signage pertaining to and/or facilitating traffic movement. 4. All signs shall be located so as not to cause sight line obstructions. 5. All internal project rights-of-way may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. 0 6. Signs may be allowed in landscape buffers/easements 7. Entrance and boundary markers may be placed prior to subdivision approval provided a building permit for the markers is obtained prior to placement. B. Boundary Markers 1. Boundary marker monuments containing project identification signs designed to promote the project or any major use within the project shall be permitted along the project boundaries. V-type boundary marker monuments shall be permitted only at intersections. 2. A maximum of ten boundary marker monuments shall be permitted. 3. The sign face area of each side of the boundary marker monument shall not exceed 64 square feet and shall not exceed the height or length of the monument upon which it is located. If the boundary marker monument is two-sided, each sign face shall not exceed 64 square feet of area. 4. The total sign face area shall not exceed 64 square feet. The size of the letters, graphics, and the typography and color scheme used in each individual project, business, or directional identification on boundary marker monument(s) shall be similar to and consistent with the other identifications ! placed on the same boundary marker monument. 7/212903-110x7 V. u.-OWE+w 0 N0447-0O1001 PPM&211002 2-11 • 5. Sign face area is calculated by total square footage of name, insignia, and motto only. 6. Boundary marker monuments may not exceed a height of eight feet above the crown of the nearest road. 7. Boundary marker monuments may be lighted provided all lights are directed to the sign or are shielded. C. Directional or Identification Signs 1. Directional or identification signs may be allowed internal to the Heritage Bay PUD. Such signs may be used to identify the location or.direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. 2. Individual signs may be a maximum of 6 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum height of eight feet. 3. No building permit is required unless such signs are combined to form a menu board. D. Residential Project Entrance Signs 1. One ground or wall-mounted entrance sign may be located on both sides of each entrance right-of-way and in the entry median of each individual residential development within the Heritage Bay PUD. Such signs may contain the name of the subdivision and the insignia or motto of the development. These signs may be one,two or three-sided. 2. The size of letters, graphics, and the typography and color scheme used in individual project on an entrance sign shall be similar and consistent. Such signs may contain up to four individual project or identification message areas per side, as long as the total sign face on each side does not exceed 100 square feet in area. 3. No sign face area shall exceed 100 square feet and the total sign face area at each entrance may not exceed 200 square feet. If the sign is a single, two-sided sign, each sign face shall not exceed 100 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. Where a three-sided sign is utilized, the third sign side shall face internal to the development and the sign message area shall not exceed ten square feet. 4. The setback for the signs from any rights-of-way and any perimeter property line shall be five feet. 1129/2002.119347 Vet 14h DNENR C•9q N041240600.3-FV1/11-26102 • 2-12 5. Entrance signs may be lighted provided all lights are directed to the sign or are shielded. 6. Entrance signs shall not exceed a height of 20 feet above the finished grade level of the sign site. For the purpose of this provision, finished grade level shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road. E. Internal Signs 1. Residential and community facility entrance signs may be located on both sides of the neighborhood entrance street and within the entry medians. Setbacks from internal road rights-of-way may be zero feet. Such signs shall be used to identify the location of neighborhoods, clubhouse, recreational areas and other features within the Heritage Bay PUD Individual signs shall be a maximum of 100 square feet per sign face area. Such signs shall have a maximum height of 12 feet. No building permit is required. 2. Identification signs for approved uses such as sales centers, information centers, Village Centers, or the individual components of the development may be allowed internal to the project. Individual signs shall be a maximum of 6 square feet per side. Signs maintaining a common architectural theme may be combined to form a menu board and shall be • a maximum size of 64 square feet per side and a maximum height of 8 feet. F. Village Center Signs 1. Village Center entrance signs may be located on both sides of the entrance drive to a Village Center and within its entry median. Setbacks from internal road rights-of-way may be zero feet. Such signs may be used to identify the location of Village Center, clubhouse, recreational areas and other features within the Heritage Bay PUD. Individual signs shall be a maximum of 100 square feet per sign face area. Such signs shall have a maximum height of 12 feet. No building permit is required. 2. Wall, Mansard, Canopy or Awning Signs a, One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. Corner units within multiple- occupancy parcels, or multi-frontage single-occupancy parcels shall be allowed three signs. Such signs shall not be combined for the purpose of placing the combined area on one wall. In addition, outparcels within a Village Center shall be allowed one additional wall sign facing the Village Center, if the additional sign is not visible from any road right-of-way. The combined area of 3/2901¶II3 1 Wr 141.OWEHR Ank NMI2-00S.001 P7N8 20007 IP 2-13 Elf those signs shall not exceed the maximum allowable display area for signs. b. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not, in any case, exceed 250 square feet in area for any one sign. 3. Pole signs Two pole signs shall be permitted for each internal street, provided there is a 500-foot separation between such signs. a. Maximum allowable sign area: 100 square feet per side, if two sided b. Maximum allowable height: 20 feet c. Setbacks: 10 feet from any rights-of-way or property lines. d. Spot or floodlights may be permitted provided said light shines only on the signs and is shielded from motorists and adjacent residents. 4. Projecting signs Projecting signs may be substituted for wall or mansard signs provided 4110 that the display area of the projecting sign shall not exceed 60 square feet of display area. a. A projecting sign shall not project more than four feet from the building wall to which it is attached. b. A projecting sign shall not extend above the roofline of the building to which it is attached. c. Projecting signs shall not project into rights-of-way. d. Projecting signs, which project over any pedestrian way(s), shall be elevated to a minimum height of eight feet above such pedestrian way. 5. Under-Canopy Signs In addition to any other sign allowed by this ordinance, one under-canopy sign shall be allowed for each establishment in the Village Center. Such a sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade. 1fj iOO1.116141 V.,741-ONENR 410 NO44-40-OO1-P1.46-21402 • 2-14 G. Activity Center Commercial Signs Activity Center Commercial Project Entrance Signs, Project Directory Signs, and Free-Standing Use Monument Signs shall conform to the requirements of Division 2.5 of the LDC. H. Real Estate Signs Real estate signs with a maximum size of six square feet per side shall be permitted. No building permit is required. I. Temporary Signs Temporary signs shall conform to the requirements of Division 2.5 of the LDC. J. Special Event signs are permitted. Such signs shall not exceed 32 square feet in size per side. Such sign shall be located no closer than 15 feet to any property line. No building permit is required. K. Grand Opening Signs Grand Opening Signs may be displayed on-site. Such sign shall not exceed 32 square feet on a side and 84 square feet total. Any banner signs shall be • anchored and shall be displayed on-site for a period not exceeding 14 days within the first three months that the entity displaying the sign is open for business. L. Construction Entrance Signs 1. Two "construction ahead" signs may be located at appropriate distances from a construction entrance. Such signs shall be a maximum of 20 square feet each in size. No building permit is required. 2. One sign may be located at each construction entrance to identify the entrance as such. Such signs shall be a maximum of 20 square feet each in size. No building permit is required. M. Traffic Signs 1. Traffic signs, such as street signs, stop signs, and speed limit signs, shall be designed to reflect a common architectural theme. • 2. The placement and size of such signs shall be in accordance with FDOT • criteria. 7/2 3 4 0 0 3-1 1 1 3 4 7 • V 11-awewe cNo No.u-oosooa-rms 201002 2-15 2.18 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 01-57, as amended, except as may be provided in Section 2.4 of this Document. B. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.4 of this document. C. Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal, subject to permitting under Rule 10D-6, Florida Administrative Code, and may use potable or irrigation wells. D. Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks for waste disposal, subject to permitting under Rule 10D-6, Florida Administrative Code, and may use potable or irrigation wells. 2.19 SURFACE WATER MANAGEMENT SITE FILLING AND GRADING A. In accordance with the rules of the South Florida Water Management District, this • project shall be designed for a storm event of a three-day duration and 25-year return frequency. B. The Heritage Bay PUD is a reclamation project from an existing mining activity. Lake excavations and littoral zone plantings shall conform to the requirements of the GMP and LDC in effect at the time of final development order approval. The following GMP policies and LDC regulations have been applied to this PUD to create the resultant regulations. 1. The Heritage Bay PUD shall comply with the regulations for all wet detention ponds that are used as a part of its water management system, as identified by its South Florida Management District Environmental Resource Permit. Wet detention ponds are described as lakes that provide 1" of water quality detention. Attenuation lakes are described as lakes that provide flood attenuation but not the required water quality detention. Wet detention ponds, or portions thereof, within the urban boundary shall have a littoral shelf with an area equal to 7% of the pond's surface area measured at the control elevation. The littoral areas shall be planted with native aquatic vegetation. Wet detention ponds, or portions thereof, outside the urban boundary shall have a littoral shelf with an area equal to 30% of the pond surface area measured at the control elevation. The littoral areas shall be planted with native aquatic vegetation. The 772372001 119317 Vw'1U•01NEM N0442-006-003 PPM&•70902 411 • • 2-16 total area of littoral plantings shall be calculated and the planting areas shall be provided in accordance with Division 3.5 of the LDC. 2. As an alternative to the planting or creation of littoral shelves, credit for wetlands that are preserved above the minimum required by Policy 6.1 of the Conservation and Coastal Management Element shall be applied toward meeting littoral zone planting area requirements on a ratio of one to one. For each acre of wetlands set aside above the minimum requirement of said Policy 6.1, one acre of littoral zone plantings shall be subtracted from the littoral zone planting area requirements. Said Policy 6.1 requires preservation of 40% of native vegetation present not to exceed 25% of the total PUD property. Twenty-five percent of the PUD's total site area (2562 acres) is 640 acres. This PUD provides for preservation of 863 acres of native vegetation including wetlands that have significant hydrologic value, therefore the extra 221 acres shall be credited toward meeting littoral zone planting area requirements. C. Lake side slopes shall be sloped at 4:1 from control elevation to a depth of five feet. 2.20 ENVIRONMENTAL A. The developer shall be subject to Division 3.9 of the LDC, in effect at the time of 411 permitting, requiring the acquisition of a tree removal permit prior to any land clearing. B. All invasive exotic plants, as defined in the LDC, shall be removed from development areas, open space areas, and preserve areas during each phase of construction. Following site development, a continuing maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. r. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall he provided in accordance with Section 3.2.8.4.7.3 of the LDC. Conservation easements shall be dedicated on the plat to the homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. D. Buffers shall be provided around wetlands, extending at least 15 feet landward from the edge of wetland preserves in all places and averaging 25 feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Environmental Services Staff. E. Final alignment and configurations of water management structures 'shall be subject to minor field adjustments to minimize habitat destruction. • 7r/312:001.„p41 W ,.L OWEMR NO44240-O3 PPN6.761102 2-17 • F. The developer shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species on-site. A Habitat Management Plan for those protected species shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. 2.21 TRANSPORTATION A. The developer shall provide street lighting at the project entrances in conjunction with the construction of same, B. The developer shall make a fair share contribution toward the capital cost of a traffic signal on Immokalee Road and any access point(s) when, and if deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. C. The developer shall dedicate a 100-foot right-of-way along the western boundary of the Heritage Bay property from the southwest corner of the property north to the conservation/preserve area (approximately the mid-point of Section 14), which is a distance of generally 1'/% mile, to the County. The developer shall receive no impact fee credits for the dedication. The dedication shall take place within the timeframe established by Subsection 2.2,20.3.7 of the LDC. D. If the County acquires the needed right-of-way at the intersection of County Road 951 and Immokalee Road (not owned or controlled by the developer), then the developer shall construct for a distance of 1/2 mile from said intersection a 2-lane access road within the 100-foot dedicated right-of-way. The developer shall receive no impact fee credits for the cost of such construction. The developer shall construct this 2-lane access road to arterial standards within a multilane urban arterial cross section. E. Within 45 days of the County's issuance of a Notice to Proceed on a construction contract to widen lmmokalee Road to six lanes between 1-75 and the eastern boundary of the Heritage Bay project, the developer shall prepay to the County the first $5,000,000.00 of the Heritage Bay road impact fees for the purpose of advancing the six-laning of Immokalee Road from 1-75 to Collier Boulevard and from Collier Boulevard to the eastern boundary of the Heritage Bay project. In exchange for this prepayment, Collier County shall: (a) modify the Immokalee Road construction project east of Collier Boulevard (Project #60018) to provide six lanes on Immokalee Road from Collier Boulevard to at least the eastern boundary of Heritage Bay, and (b) advance the construction of the six-laning of Immokalee Road between 1-75 and Collier Boulevard to at least 2006, unless unforeseen circumstances make it impractical to meet this schedule. If the construction is phased as two or more phases, the impact fee prepayment shall be phased and equally apportioned for each phase. 7/23/2(222-110147 War 1,0-17102HR 411 we w442a923-003.vw.s.ieow S 2-18 F. The road impact fee prepayment of $5,000,000.00 shall be applied as the first 50% payment required under Division 3.15 of the LDC to obtain Certificates Of Public Facility Adequacy which Certificates shall be issued by County upon receipt of payment. G. The developer shall not request a full median opening on Imrnokalee Road, nor on County Road 951, any closer than '/2 mile from the intersection of said roadways. However, a right-in and right-out access may be constructed on either or both of these roadways within that%mile distance at the '/4 mile distance. H. The developer shall not be entitled to receive building permits for more than 2,588 dwelling units (which represent 75% of the total approved number of dwelling units) until the first of the following occurs: (1) County Road 951 Extension is under construction to connect to Bonita Beach Road for more than 1/2 a mile north of its current terminus at Immokalee Road, or(2) after July 1, 2006 and together with the completion of the Lee/Collier County Project Development and Environmental Study for County Road 951 Extension and approval of the" no build" option by the respective Lee and Collier County Commissions, or (3) July 1, 2008, Building permits for dwelling units which meet the County's guidelines for workforce or affordable housing are exempt from and shall not be included in calculating the 2,588 dwelling unit building permit limitation. 2.22 OTHER PUBLIC BENEFIT COMMITMENTS 5 A. General Government Site The developer agrees to donate 7.73 acres to the County for utilization by the County as a satellite operations center including emergency medical services, sheriffs substation, fire station, pump station, well site and general government center including offices for other constitutional officers. This donation is not subject to the receipt of impact fee credits. B. Parks and Recreation The developer agrees to prepay $2.8 million in park impact fees to the County within 45 days of the effective date of this Ordinance. This amount shall be credited against the park impact fees due from the development. Additionally,the developer will donate $717,000 to the County for use in developing regional park facilities. This payment is in lieu of any donation to the County of any lake system, or access thereto, within the project. C. Well Sites Responsibility of the Developer: 7/AR001 11,347 V.r 1,14.0w[ri1 taw •N0412-004003-PRIV 2002 { 2-19 1111 I 1. Provide locations for six potential well sites with each site capable of fitting two wells for use by Collier County for potable water supply wells, supplemental water wells, and/or aquifer storage and recovery wells. 2. Three well sites will be located as shown on Exhibit D 1. The easements for each well site will be as shown on Exhibit D 1. 3. Well sites 4 —6 may be located in one of the following two optional locations with the understanding that wells 4, 5 and 6 must be located within the same optional location. The optional locations are: Option 1 —951 right-of-way as deeded by the developer to Collier County Option 2 — Littoral zone between the recreational lake and the south property line of the project. These two optional locations are shown on Exhibit D 2. It is agreed that Option 1 will be utilized provided that the Predesign and Engineering (PD&E) study for the 951 extension shows that 951 is not feasible for construction at this location, which is approximately 1 mile north of the Immokalee Road/951 Intersection. Should the PD&E study show the feasibility of 951 at this location,then Option 2 will be utilized. 4. Sizing of Electrical Systems for Heritage Bay will be coordinated with Collier County to ensure that FP&L projections and installation of equipment will accommodate these well pumps and generators. 5. Proposed well locations shown on Exhibits D 1 and 2 will not be utilized for littoral credit or be placed in a conservation easement by the developer. Collier County Government will be Responsible for: 1. Design, permitting, funding, developing, and maintaining all transmission lines, wells and well sites located on the Heritage Bay project. 2. All wells and generators will be encased within a building which is architecturally compatible with the surrounding buildings or located in an underground vault. 3. Total cost of transmission lines including design, purchase, and installation. 4. Well sites may result in environmental impacts. Mitigation and all associated cost and permitting will be by Collier County. General Conditions: The easement granted for each well site shall be as shown below: • 7fn3/700}114347 W r.141-ONEM NO442-0054411-PP/111 28102 I ti 40 2-20 1. Well Site 1 — 100 feet by 100 feet 2. Well Site 2— 150 feet by 150 feet 3. Well Site 3— 100 feet by 100 feet (all above ground facilities shall be low profile and minimized to the greatest extent possible at this location) 4. Well Site 4, 5 and 6 a. Option 1 locations— 100 feet by 150 feet b. Option 2 locations—middle site 150 feet by 150 feet and two sites on either side 100 feet by 100 feet 5. Landscaping shall be initially installed by Collier County to specifications mutually agreed to between the developer and Collier County. Once installed the developer shall be responsible for the maintenance of landscaping for well sites 1-2 and for well sites established under Option 2. Landscaping for well sites established under Option 1 will be maintained by Collier County Government. 6. Approximate locations are shown in the attachments. Final locations to be approved by US Home or the landowner. 7. Proposed wells will not prohibit or impact existing or proposed land uses. 8. Transmission lines will be located around the perimeter of the project either within the 100' right-of-way dedication to Collier County along the western property boundary or within the SFWMD 100' Canal right-of-way. 2.23 ARCHAEOLOGICAL RESOURCES A. Any significant archaeological sites discovered within the Heritage Bay PUD shall be preserved in perpetuity and shall be recorded as "preserve" on all appropriate plats, site plans, and the Master Development Plan for the Heritage Bay PUD. B. In areas where there are existing archaeological sites in the vicinity of proposed development, a buffer or conservation easement averaging 25 feet in width, or other equivalent protection (such as temporary fencing or other structural barriers), shall be placed around the archaeological sites. Any exotic vegetation removal in these areas shall be by hand and not by mechanical means. C. The developer shall support registration of any significant archaeological sites in the National Register of Historic Places. 7/23/70(13-1111347 Wr 711.0441EMR cNM i140492-005-001-PPYIS.7090T 2-21 D. The developer shall cooperate with Pe the Division of Historical Resources' (DHR) investigation of any existing sites by allowing access to the archaeological sites by the State, whenever such access can be reasonably accommodated. E. If any additional archaeological/historical sites are discovered during development activities, all work in the immediate vicinity of such sites shall cease immediately, and the developer shall contact DHR, Southwest Florida Regional Planning Commission (SWFRPC), and Collier County Code Enforcement Department so that a state-certified archaeologist can determine the significance of the find and recommend appropriate preservation and mitigation actions, as necessary. 2.24 AFFORDABLE HOUSING A. The developer shall construct on-site on the lands designated "AC/R3" on the Master Concept Plan a minimum of 160 townhouse units and a maximum of 190 townhouse units to be offered for sale to persons meeting the Collier County affordable housing guidelines for 80% moderate income level for a period beginning with the date of issuance of the building permit for each building containing said townhouse units, and continuing for six (6) months thereafter, or for 30 days after the Certificate of Occupancy for each building containing said townhouse units is issued, whichever is later. Also, for a time period extending from the date of the issuance of the Certificate of Occupancy, the developer shall offer the remaining unsold units to the County or its designee for purchase for a period of 45 days after which time any unsold unit may be sold at market rates. B. The developer shall donate $475,000 to Habitat for Humanity of Collier County ("Habitat"). The donation represents one-half of the purchase price of 10 acres of land currently under contract by Habitat and located just south of Imrnokalee Road and generally east of County Road 951. The donation shall occur within 120 days of the final approval of the Heritage Bay PUD/DRI by the Board of County Commissioners and the expiration of all appeal periods without an appeal being filed. C. Prior to the issuance of the final Certificate of Occupancy for the development the developer shall have all the affordable housing units on-site completed and available for occupancy. At a minimum, the affordable housing units shall be phased in thirds to coincide with the development of other residential dwelling units in the project. D. If the developer constructs less than 190 affordable housing townhouse units on- site, for each unit less than the maximum of 190, the developer shall donate the sum of $10,000 per unit to Habitat. For example, if 180 affordable housing townhouse units are constructed on-site, the developer would donate $100,000.00 to Habitat, which represents 10 units times $10,000. E. At any time in the future, should the developer request an extension to the approved build-out date for the project, the developer shall re-examine the housing needs of the project and provide an updated re-analysis of the affordable housing required. The developer shall use the methodology in use at • 7010/200 1.111147 V. 166 ONEHR woo 140412 001.002.PPH5•20102 1 2-22 the time of the re-analysis by SWFRPC,Y Y R C, the Florida Department of Community Affairs, and Collier County. Any future mitigation requirements that are caused as a result of the re-analysis shall be consistent with the options listed in Rule 9J- 2.048 of the Florida Administrative Code. 2.25 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. 2.26 SUNSETTING This PUD is not subject to the sunsetting provision of Section 2.7.3.4 of the LDC. The DRI Development Order for the Heritage Bay Community, relative to duration, shall govern. • • S v ' • 7anaco.11p/7 We Ill. _M1 CYY N0442-003407.VPHS.7EOG7 3-1 SECTION III RESIDENTIAL DISTRICTS 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as "R1", "R2", "R3"and "R4" Districts 3.2 GENERAL DESCRIPTION Areas designated as "R1", "R2", "R3" and "R4" Districts on the Heritage Bay PUD Master Concept Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R1', "R2", "R3" and "R4" Districts is indicated on the Heritage Bay PUD Master Concept Plan, This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2, respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas, 3.3 PERMITTED USES AND STRUCTURES -"Ri"AND "R2" DISTRICTS • No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. Single family detached dwellings. 2. Single family attached, townhouse dwellings and duplexes. 3. Zero lot line dwellings 4. Multi-family dwellings, low-rise 5. Assisted living facilities 6. Model homes, sales centers including administrative offices and construction offices. 7. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the principal uses permitted in this District, including garages, gazebos, picnic areas, pedestrian and bicycle paths, tennis courts, swimming pools, other • facilities intended for outdoor recreation, project maintenance facilities, 7/18/2003-118717 Vr 114 OWEHR CVO NO447401-00}ppNS 20902 3-2 guest houses, cabana bedrooms, boat docks, beaches, boat ramps, i 1 p s, p ers or other such facilities constructed for purposes of lake recreation for residents of the project and their guests, other recreational facilities. 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 3.4 PERMITTED USES AND STRUCTURES -"R3" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. All of the uses permitted in the Residential"R1"and "R2" Districts. 2. Multi-family dwellings, low-rise. 3. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1. All of the accessory use permitted in the Residential "R1" and "R2" Districts. • 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 3.5 PERMITTED USES AND STRUCTURES -"R4" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. All of the uses permitted in the Residential"R3" District, 2. Multi-family dwellings, mid-rise. 3. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1. All of the accessory use permitted in the Residential "R3" District. 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 71]01200}111747 V•'1SI.UNEHR CNO 1,1114.42 W7 00}PPHS-76002 3-3 3.6 DEVELOPMENT STANDARDS A. Table 1 and Table 2 set forth the development standards for land uses within the"R1", "R2", "R3" and "R4" Districts. B. Site development standards for single family uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. C. Multiple family buildings shall have 1.5 parking spaces for all bedroom unit types, with an additional 10 percent of parking for multiple family buildings to accommodate guest parking. D. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC in effect at the time of site development plan approval or preliminary subdivision plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures E. Development standards for uses not specifically set forth in Table 1 and Table 2 shall be established during site development plan approval as set forth in Division 3.3. of the LDC in accordance with those standards of the zoning district which is most similar to the proposed use. F. Required property development regulations may be approved that are different than those set forth in Table 1 and Table 2, subject to the requirements of Section 2.6.27 of the LDC. Common open space requirements are deemed satisfied pursuant to Section 2.15 of this PUD. G. Off Street Parking For Multi-Family Uses 1. A green space area of at least 10 feet or more in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road, with the exception of cul- de-sacs serving 24 units or less. 2. Off-street parking required for multi-family tracts of 120 or more units shall be accessed by parking aisles or driveways which are separated from any abutting roads that serve the development. 3. A cul-de-sac road within the development may have abutting surface parking where the parking serves 24 units or less. H. Single family zero lot line dwellings are identified separately from single- family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying development standards under Table 1 and Table 2. Zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Subsection 2.6.27 of the LDC. 7AV200111047 V«,!.OWEIIN CAW NO4 2.oeaol PPH$.26902 3-4 I. Attached or detached residences s dences which include those having cabana bedrooms accessed from the courtyard and not the main house are permitted providing that: 1. The cabana structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance in elevation from the street of being one single-family residence, 2. The cabana structures must be accessible only from the enclosed courtyard and must not be accessible directly from the street; and 3. The cabana structure may not contain primary cooking facilities. J. In the case of residential areas with a Traditional Neighborhood Development (TND), the TND shall be deemed a common architectural theme. Required property development regulations may be approved that are different than those set forth in Table 1, subject to approval by the Collier County Planning Commission, in accordance with the criteria contained in Section 2.6.27.4.6.1 through 2.6.27.4.6.3 of the LDC. Common open space requirements are deemed satisfied pursuant to Section 2.15 of this PUD. K. For the purpose of calculating density in the "R1", "R2", "R3" and "R4" Districts when assisted living facilities/congregate care facilities are • developed, each such facility's dwelling unit shall be considered to be equal to .33 of a residential dwelling unit. L. Standards for trash or recycle receptacles shall conform with Section 2.6.15 of the LDC except in the case of multiple family buildings that do not receive curbside service pick up and choose to use dumpster service. In that case, at least one standard size bulk container per every thirty units shall be required. 7/110,700 3-116347 Ver.161.O'9 I CYY NMe2-0O5.003-P1416-26607 3-5 TABLE 1 10 DEVELOPMENT STANDARDS FOR"R1" RESIDENTIAL DISTRICT SINGLE SINGLE SINGLE ' MULTI FAMILY FAMILY 2R0 LOT LINE DUPLEX FAMILY FAMILY DETACHED DETACHED ATTACHED & DWELLINGS 1 2 TOWNHOUSE Low-Rise Minimum Lot Area 5,000 sq.ft. 2.800 sq.ft. 3,500 sq.ft. 3,500 sq.ft. 2,000 sq.ft. 10,000 sq.ft. Minimum Lot Widths' 50 R. 35 ft. 35 ft. 35 ft. 20 ft. 100 R. Minimum Average Site Deptt19 100 ft. 65 ft. 100 ft. 100 R. 40 ft. 120 R. Principal& Accessory 20 ft. 20 ft. 15 ft. 15 ft. 20 ft. 15 ft. Garage ,' Front Yard Front/Side 23 ft./10 ft. 23 RJ10 R 23 ftJ10 ft 231t./10 ft 23 R./10 ft 23 ft./10 R Setback1.7, Ent 12 Garage or i Carport on Parking n/a n/a Oft. O R Na Oft. Lot Accessway Rear Yard Principal 10 ft. 10 ft. 10 R. 10 R. 20 ft. Setback Accessory 2,10,11.12 5 ft. 5 ft. 5 ft. 5ft. 10R. 0 ft one tide 10 ft.other side Side Yard Setback OR ill Principal&Accessory 6 R. 6 ft. 3'-1"one side 6 ft. 0 ft or 7 Ya ft %s the Building 2.4,7,8.10,11,12 6'-11"other side Wight OR 5 ft.on both sides Preserve Principal 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. 25 R. Setback N Accessory 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Maximum Height 3 35 ft. 35 ft. 35 ft. 50 ft. 65 R. 4 the Sum of Distance Between n/a Na Na 10 ft. ,th Building Principal Structures Heights Minimum Floor Area 1,000 sq.ft. 900 sq.ft. 900 sq.ft. 900 sq.*. 750 sq.ft. 750 sq.ft. 1 Front yards for dwellings and side-entry garages are measured from back of curb or edge of pavement(if not curbed). Front yards for a front- loaded garage are measured from garage door to back of curb,edge of pavement or sidewalk,whichever Is closer to the garage door. 2. Where adjacent to a golf course,lake(measured from top of bank),or open space reduced to 0 feet. 3. Budding height -See Section 1.8. 4. All zero lot line unks In a series shall have the 0-foot side setback on the same side of the lot. The zero foot setback side may change only If a minimum 10 foot wide space is provided in the form of an easement,golf course crossing,or the like,which separate the lots. 5 Minimum lot width may be reduced by 29%for cul-de-sac lots provided minimum lot area requirements are met. e. For any lot served both by a street and an alley,the lot fine adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the edge of pavement. 7. Guesthouses or cabana bedrooms are subject to the setback requirements for principal structures. 8 The side comer setback shad be the same as the required side princpal structure setback. 9. Site depth average-determined by dividing the site area by the site width. 10. Accessory pool enclosure/screen lanai setback may be reduced to 0 feet when attached to common privacy wall. 11. Accessory pool enclosure/screen lanai setback from lake maintenance easement may be reduced to 0 feet. 12. Common architectural features such archways,arbors,and courtyard entry features shall be exempt horn the minimum yard requirements listed above. 13. For the purpose of Table 2,the term rtrsilti-family budding"induces assisted living facilities • 7736/2I03-115247 V.13•MieWn wo N0442.001003.PPNS 25502 1 3-6 0 TABLE 2 DEVELOPMENT STANDARDS FOR"R2","R3"AND"R4" RESIDENTIAL DISTRICTS MIIIIIIIIIIIIIIIIAmINGIL,E, SINGLE MULTI FAMILY DWELLINGS • • I FAMILY ATTACHED & TOWNHOUSE Low-Rise Mid-Rise Minimum Lot Area :. r 2,000 sq.ft. 10,000 sq.ft. 10,000 sq.ft. Minimum Lot Widths 20 fir 100 R. 100 fl. • Min.Average Site Depth 9 100 ft. 100 ft. 100 ft. 40 ft. 120 R. 120 ft. Principal 8 20 ft. Accessory 20 ft. 15 R. 15 ft. 15 R 20 ft. Garage Front Yard Front/Side 23 ft./10 ft. 23 ft./10 It 23 ft./10 ft 23 ft./10 ft 23 ft./10 ft Na10 ft. Setback1,7, Entry 12 Garage or Carport on Parking Lot n/a Na 0 ft. Na 0 ft. 0 ft Accessway Rear Yard Principal 1011. 10 ft. 10 ft. 10 ft. 10 ft. y 20 ft. Setback 8' Accessory ' 7 2,10,11,12 51t. 51t. 5ft. 5ft. 10 ft. 10 ft. 0 ft one tide 10 ft.other side Side Yard Setback Principal&Accessory g ft. 3'-1•one side 6 ft. 0 ft or 7 h ft Building h the Building 2.4.7,8.10,11,12 6'-11"other side Height OR Height 5 ft.on both sides Preserve Principal 25 ft. 25 R. 25 IL 25 ft. 25 ft. 25 R. Setback Accessory 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Maximum Height 3 35 ft. 3511. 35 ft. 35 ft. 65 ft. 100 ft. Distance Between 10 ft. 10 ft. Na 10 ft. %the Sum of the Building Principal Structures Heights Minimum Floor Area 1,000 sq.ft. 900 sq.ft. 900 sq.ft. 750 sq.ft. 750 sq.ft. 750 sq.ft. • 1 Front yards for dwellings and side-entry garages are measured from back of curb or edge of pavement(If not curbed). Front yards for a front- loaded garage are measured from garage door to back of curb,edge of pavement or sidewalk,whichever is closer to the garage door 2. Where adjacent to a golf course,lake(measured from top of bank),or open space reduced to 0 feet. 3. Building height -See Section 1.8. 4. Ak zero lot line units in a series that have the 0-toot aide setback on the sane side of the lot. The zero foot setback side may change only if a minimum 10 foot wide space is provided in the form of en easement,golf course crossing,or the like,which separate the lots. 5. Minimum 101 width may be reduced by 2g%for cul-de-sac lots provided minimum lot area requirements are met. 8. For any tot served both by a street and an alley,the lot line adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the edge of pavement. 7. Guesthouses or cabana bedrooms are subject to the setback requirements for principal structures. 8. The side comer setback shat be the same as the required side prindpal structure setback. 9. Site depth average determined by dividing the sae area by the site width. 10. Accessory pool enclosure/screen lanai setback may be reduced t7 0 feet when attached to common privacy wall. 11. Accessory pool enclosure/screen lanai setback from lake maintenance easement may be reduced to 0 feet. 12. Common architectural features such archways,arbors.and courtyard entry features shad be exempt from the minimum yard requirement's fated above. 13. For the purpose of Table 2.the term"mufti-farnty building'induces assisted trip fadWies • 700x1003.110347 Vr IN-OWIDN cra 110442.001.03.PPM7•26102 4-1 • SECTION IV VILLAGE CENTER DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the three Village Center areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as"VC". 4.2 MAXIMUM SQUARE FOOTAGE The Village Center commercial uses will include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square feet of office uses. Commercial activities within the Village Centers are limited to a total of 26 acres. 4.3 GENERAL DESCRIPTION The approximate acreage of the Village Center District is indicated on the Heritage Bay PUD Master Concept Plan. The Village Center portion of this District shall be consistent with the requirements of GMP, FLUE, Section 1 B. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance 4110 with Division 3.3, and Division 3.2, respectively, of the LDC. The Village Center tracts are is designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. 4.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Accounting,Auditing and Bookkeeping Services(Group 8721). 2. Automatic Teller Machines(Group 3578) 3. Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993, 7997). 4. Apparel and Accessory Stores(Groups 5611-5699). 5. Gasoline Service Stations(Group 5541). 6. Automotive Carwashes(Group 7542) 7. Business Services(Groups 7334, 7349) 8. Eating and Drinking Establishments (Groups 5812, 5813). 9. Food Stores (Groups 5411-5499). • 10. General Merchandise Stores(Groups 5311-5399). 11. Golf Clubhouse and Boat Club Facilities including Ancillary Teaching Facilities and Temporary Golf Clubhouses (Groups 7992, 7997, 7999) 12. Miscellaneous Retail(Groups 5912-5963, 5992-5999). • 7/7017001 116147 1Nr.,{F 17WeM 06.., Na17-001007 0924.70007 4-2 13. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial d cleaning only, 7217, 7219-7251, 7291-7299). dry 14. Real Estate(Groups 6512, 6531, 6541). 15. Resort Recreation Facilities including but not limited to Tennis Clubs, Health Spas and other Recreational Clubs(Groups 7991, 7999) 16. Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993, 7997, 7999) 17. Residential uses as set forth in Section 3.4 of this Document including residential units integral to Village Center structure(s) and as freestanding uses. Freestanding residential uses shall comply with the development standards set forth in Section 3.6 18. Travel Agencies (Groups 4724 and 4725) 19. United States Postal Service(Group 4311 except major distribution center). 20. Video Tape Rental(Group 7841). 21. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District. 2. Customary accessory uses include but are not limited to recreational facilities that serve as an integral part of the permitted uses such as • pools, tennis facilities, beaches, boat docks, parks, playgrounds and playfields, restrooms, shelters, golf cart storage areas and snack bars. 3. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 4.5 DEVELOPMENT STANDARDS A. The frontage/depth criteria often included in development standards is not applicable since the Village Center uses are located internal to the Heritage Bay PUD and have no actual road frontage. B. Minimum Setback Requirements 1. Principal structures shall be set back a minimum of 10 feet from Village Center District boundaries and roads; 25 feet from all residential tracts; and 25 feet from preserves. 2. Accessory structures shall set back a minimum of five feet from Village Center District boundaries and roads; 20 feet from all residential tracts; and 10 feet from preserves. 3. Setbacks from lakes for all principal and accessory uses may be zero feet provided architectural bank treatment is incorporated into the design and subject to written approval from Collier County Planning Services Department. 411 7/2■2001-11047 V. 111.OAV c..n Nw42-007-001.PPHS.2t107 4-3 fp i C. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of buildings(including architectural features)-65 feet. E. Maximum height of communication antennas-65 feet. F. Minimum distance between principal structures- 10 feet. G. Minimum distance between accessory structures (excluding drive-through facilities) - 10 feet. H. Maximum floor area ratio for the commercial component: 0.25 I. Due to the internal orientation, the number, the different locations, the types of uses and the multi-purpose function of the Village Center buildings where commercial uses will be fully integrated with recreational and other uses. The requirement that 30% of the residential building permits shall be issued prior to the development of neighborhood commercial uses shall be waived. J. Each of the three Village Center shall have a unified plan of development which is architecturally integrated internally and with the neighborhood it serves. That plan will be submitted with each of the Village Center Site Development Plan. K. Due to the nature, location and internal orientation of the Village Centers, the LDC architectural review requirements for Village Centers shall be waived. L. Required parking for Village Center non-residential uses shall be consistent with Section 2.2.20.4.7.1.6, of the LDC. Residential parking requirements are set forth in Section 3.6 C of this PUD Document. Golf cart storage areas are considered accessory to the golf clubhouse and have no required parking, 1m. A unified sign plan shall be submitted and made a part of the approval for each of the Village Center Site Development Plans. N. Standards for landscaping where such standards are not specified herein are to be in accordance with Division 2.4 of the LDC in effect at the time of site development plan approval. 0. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. • 7A017093.119397 vet 171-W 01.59 use N0442 005-007-941 43.25902 5-1 S SECTION V RECREATION I OPEN SPACE DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as"RO". 5.2 GENERAL DESCRIPTION The approximate acreage of the Recreation/Open Space District is indicated on the Heritage Bay PUD Master Concept Plan. Actual acreage of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Recreation/Open Space tracts are designated to accommodate a full range of golf course, water-related uses, other recreational uses,water management and open space uses. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part,for other than the following: • A. Principal Uses: 1. Golf courses and other recreational uses. 2. Clubhouses, community and golf course maintenance areas, maintenance buildings, utility storage buildings, chemical storage buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 3. Utility, water management and right-of-way/access easements. 4. Lakes and water management facilities. 5. Land use and/or landscape buffers, which may or may not be easements, depending on the buffer use. 6. Signs as permitted by the LDC in effect at the time permits are requested, except as modified in this PUD Document. 7. Open space uses and structures including, but not limited to nature trails, riding trails, fitness trails and shelters, boardwalks, landscape nurseries gazebos, and picnic areas. 8. Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the Recreation/ Open Space District. 9. Docks, piers, boat ramps, beaches or other such facilities constructed for purposes of lake recreation, for residents of the project and their guests. 10. Shuffleboard courts, tennis courts, swimming pools, and other facilities intended for outdoor recreation. 11. Lake excavations as permitted by Division 3.5 of the LDC. • 7r30r1003-110347 V.r IV-MENA 553442 005003.vw+S 26902 5-2 12. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1. Practice driving range, golf cart barns, restrooms/shelters, and other customary accessory uses of golf courses including gasoline service. 2. Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 3. Communications facilities, including, but not limited to digital, fiberoptic, microwave, satellite, UHF, VHF, FM, AM, short-wave, antennas with related ground mounted dishes and other sending and receiving facilities, subject to applicable permitting. The communications facilities located in this District are accessory, incidental and subordinate activities to the overall Heritage Bay PUD. 4. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 5.4 DEVELOPMENT STANDARDS A. Principal structures shall be set back a minimum of 25 feet from "R/O" District boundaries and private roads, and 25 feet from all PUD boundaries, conservation and preserve tracts and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half the height of the structure. 'B. Accessory structures shall set back a minimum of 10 feet from "R/O District boundaries and private roads, and 20 feet from all PUD boundaries, conservation and preserve tracts and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half the height of the structure. C. Lighting facilities shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of buildings-65 feet. E. Maximum height of communications facilities -65 feet F. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping—10 feet. G. Minimum distance between all other principal structures— 15 feet. H. Minimum distance between all other accessory structures—10 feet. 410 71101700.7-110 34 7 You 151-OMYENR CU° NO442.001001.PPMS•20007 5-3 • I. Minimum floor area-None required. J. Minimum lot or parcel area-None required. K. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of site development plan approval. L. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. M. Golf course rest stations and secondary maintenance buildings will be permitted to use septic tanks or holding tanks for waste disposal subject to permitting under Rule 10D-6, Florida Administrative Code, and may use potable and irrigation wells. 5.5 TRANSFER OF DEVELOPMENT RIGHTS A. For golf course(s) located in Sections 13, 14, and 24, for each 5 gross acres of land area utilized as part of the golf course(s) ("golf course"shall include the club house area, rough, fairways, greens, and lakes internal to the golf course boundary, but excludes any area dedicated as a conservation area, which is non- irrigated and retained in a natural state) one transfer of development right (TDR) credit shall be acquired from areas identified by the County as "Sending Lands". In the event that construction of approved golf course(s) commences in Sections 13, 14 or 24 prior to the effective date of the County's applicable TDR program, the developer shall provide, in a manner and form acceptable to the County, financial assurances to guarantee sufficient funds to purchase the necessary number of TDR credits for golf courses. The funds guaranteed by the developer or paid to the County for the golf course TDR credits shall be equal to the required number of TDRs multiplied by the estimated value of a TDR as established by the applicable County TDR program. If such program is not in existence at the time of payment as set forth below, then the amount shall be as set forth in the Final Report by Dr. James C. Nicholas, dated November 23, 2001. B. If the construction of approved golf course(s) commences in Section 13, 14, or 24 prior to the effective date of the County's applicable TDR program, then the developer shall be required to acquire the appropriate TDR credits for golf course(s) within 90 days following implementation of the County's TDR program. In the event that an applicable TDR program has not been implemented by the County and is not effective within 48 months from the adoption date of the Heritage Bay GMP Amendment, then funds guaranteed by the developer or held by the County for the transfer of development right credits for golf course(s) pursuant to this paragraph shall be released or refunded to the developer and the requirements of this paragraph shall be null and void. • 7n0w7001 MU?V ..ill.MEM cw +46443.510101 cwrws MOW 6-1 SECTION VI ACTIVITY CENTER COMMERCIAL DISTRICT 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as Activity Center, "AC." 6.2 MAXIMUM SQUARE FOOTAGE/UNITS Commercial activities are limited to a total of 40 acres within the Activity Center located at the northeast quadrant of the intersection of Collier Boulevard (County Road 951) and Immokalee Road. The Activity Center commercial uses will include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses. A maximum of 200- assisted living facility units may be constructed on lands designated Activity Center. 6.3 GENERAL DESCRIPTION Areas designated as Activity Center on the Heritage Bay PUD Master Concept Plan are designed to accommodate a full range of retail, service and office commercial uses, essential services, and customary accessory uses. The approximate acreage of the Activity Center District is indicated on the Heritage Bay PUD Master Concept Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Commercial tracts are designed to 'accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses found in commercial areas. 6.4 PERMITTED USES AND STRUCTURES No building or 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. Accounting,Auditing and Bookkeeping Services(Group 8721). 2. Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993, 7997, 7999). 3. Apparel and Accessory Stores(Groups 5611-5699). 4. Assisted Living Facilities/Congregate Care Facilities. 5. Automotive Dealers and Gasoline Service Stations (Groups 5511-5599) subject to Section 2.6.28. 6. Automotive Repair, Services, and Carwashes (Groups 7514, 7515, 7521, 7542, 7549). • 71X4003 111047 Ver 7S1.OAENn "Wa2-005-003-PPNS 1090: 6-2 7. Automobile Parking(Group 7 521)except for tow-in parking. 8. Auto and Home Supply Stores(Group 5531). 9. Barber Shops(Group 7241) 10. Beauty Shops (Group 7231) 11. Building Materials, Hardware and Garden Supplies(Groups 5211-5261). 12. Business Services (Groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361-7397 except armored car and dog rental, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). 13. Child Day Care Services(Group 8351) 14. Churches and other Places of Worship 15. Commercial Printing(Group 2752, excluding newspapers). 16. Depository Institutions(Groups 6011-6099). 17. Eating and Drinking Establishments(Groups 5812, 5813). 18. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748). 19. Fire Station/EMS 20. Food Stores(Groups 5411-5499), 21. General Merchandise Stores(Groups 5311-5399). 22. Glass and Glazing Work(Group 1793). 23. Golf Club Facilities including Ancillary Teaching Facilities and Temporary Golf Clubhouses(Group 7992, 7997, 7999) 24. Group Care Facilities (Category I and II), Care Units, Nursing Homes and Family Care Facilities (ALF) (Groups 8051 excluding mental retardation hospitals, 8052, 8059). 25. Hardware Stores (Group 5251). 26. Health Services(Groups 8011-8049, 8082, 8093, 8099). 27. Holding and Other Investment Offices(Groups 6712-6799). 28. Home Furniture, Furnishing, and Equipment Stores(Groups 5712-5736). 29. Individual and Family Social Services (Group 8322 activity centers, elderly or handicapped; adult day care centers; and day care centers; adult and handicapped only) 30. Insurance Camera,Agents and Brokers(Groups 6311-6399, 6411). 31. Legal Services(Group 8111). 32. Libraries(Group 8231).. 33. Management and Public Relations Services (Groups 8741-8743, 8748), Membership Organizations(Groups 8611-8699). 34. Miscellaneous Personal Services(Group 7291) 35. Miscellaneous Repair Services (Groups 7622-7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, industrial truck repair machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing,tractor repair). 36. Miscellaneous Retail(Groups 5912-5963, 5984, 5992-5999). 37. Model Units/Sales Centers 38. Motion Picture Theaters (Group 7832-7833). 39. Multi-Family Dwellings including but not limited to Apartments, • 'norms 110347 My 131.MEII M447-0OS-003-PPH .2131102 6-3 40. Museum, Art Galleries (Group 8412) Non-Depository Credit Institutions (Groups 6111-6163). 41. Paint, Glass and Wallpaper Stores(Group 5231). 42. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7217, 7219-7261 except crematories, 7291-7299). 43. Photographic Studios(Group 7221). 44. Physical Fitness Facilities(Group 7991). 45. Real Estate(Groups 6512, 6531, 6541, 6552). 46. Resort Recreation Facilities including but not limited to Tennis Clubs, Health 47. Spas, Equestrian Clubs and other Recreational Clubs(Groups 7991, 7999) 48. Retail Nurseries, Lawn and Garden Supply Stores(Group 5261). 49. Public Administration(Major Groups 91, 92, 93, 94, 95, 96, 97) 50. Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993, 7997, 7999) 51. Security and Commodity Brokers, Dealer, Exchanges and Services(Groups 6211-6289). 52. Shoe Repair Shops and Shoeshine Parlors(Group 7251). 53. Social Services(Groups 8322-8399). 54. United States Postal Service(Group 4311 except major distribution center). 55. Veterinary Services (Groups 0742, 0752 excluding outside kenneling). 56. Video Tape Rental(Group 7841). 57. Vocational Schools (Groups 8243-8299). 58. Uses permitted under Section 3.4 of this PUD, subject to the Development Standards of Section 3.6. 59. Any other principal use which is comparable in nature with the foregoing III uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District including kiosk vendors. 2. Outdoor dining shall be permitted as an accessory use to an eating establishment. 3. Communications facilities, including, but not limited to digital, fiberoptic, microwave, satellite, UHF, VHF, FM, AM, short-wave, antennas with related ground mounted dishes and other sending and receiving facilities, subject to applicable permitting. 4. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. • 7130'200311047 Ver owEwi CAM PA442 00s-001.PPHS.76Y02 6-4 6.5 DEVELOPMENT STANDARDS A. Property Development Regulations The Property Development Regulations for the Activity Center District and the adjacent Government Facility site are set forth in Table 3. B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Shared parking between and among permitted uses shall be permitted throughout the Activity Center District. Each freestanding use shall not be required to provide 100% of the LDC minimum parking on the project site; however, the total parking provided for Activity Center shall meet or exceed the minimum parking required for the combined land uses. D. Access to the government facility site adjacent to the Activity Center shall be from the rights-of-way reserved for the County for future extension of Collier Boulevard (County Road 951), a minimum of 660 feet north of the intersection of Collier Boulevard (County Road 951)with Immokalee Road. • • • • 71101700E 11047 VI,:1St-ONVENR 140447.005007-PPNS 24032 6-5 • TABLE 3 DEVELOPMENT STANDARDS FOR ACTIVITY CENTER AND GOVERNMENT FACILITY SITE PRINCIPAL ACCESSORY USES USES Minimum Lot or Parcel Area 10,000 sq ft n/a Minimum Lot Width 75 ft n/a Minimum Building Setbacks Immokalee Road 35 ft or BH whichever greater 20 ft Future Extension of Collier Boulevard (County Road 851) 35 ft or BH whichever greater 20 ft Internal Frontage Drives 15 ft 20 ft 0 ft to bulkhead or riprap at top of bank provided architectural Waterfront bank treatment is incorporated into the design and subject to 0 ft written approval from Collier County Non-Right-of-Way Perimeter Project Boundary-buildings up to 50 ft in 30 ft 20 ft height Preserves 25 ft. 10 ft. ^" Non-Right-of-Way Perimeter Project 35 ft or the Building Boundary-buildings over 50 ft in 50 ft Heights whichever is height greater Minimum Distance Between Commercial Structures which are part of an architecturally 10 ft. 10 ft• unified group Between All Other Commercial " Structures 20 ft 10 ft the Between All Multi-Family Buildings** 1.4i Sum Heights of the Building 101E Maximum Height Retail Buildings 50 ft 35 ft Office Buildings 65 it 35 ft Multi-Family Buildings" 65 ft 35 ft Communications facilities n/a 65 ft *excluding drive-through facilities "For the purpose of Table 3,the term"Mudd-Family Building'indudes Assisted Living FadlWee • =WW1 1111117 Va,Al.GMEHR W4 1404424222-003.PP/18 26902 • 7-1 4110 SECTION VII CONSERVATION AND PRESERVATION DISTRICT 7.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as "CO"and"P". 7.2 GENERAL DESCRIPTION The 863 acres designated as Conservation and Preservation District on the Heritage Bay PUD Master Concept Plan are designed to accommodate conservation interpretive/educational trails and limited water management uses and functions. 7.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Conservation and Preserve. 2. Passive recreation, nature trails, recreational shelters, gazebos and other similar uses. 3. Water management structures. 4. Temporary construction access road. 5. Utility or roadway crossings as shown on the Heritage Bay PUD Master Concept Plan. 6. Mitigation areas and mitigation maintenance activities. 7. Hiking trails, pedestrian/golf cart boardwalks, nature trails (elevated and at grade), riding trails and other such facilities constructed for the purpose of passage through or enjoyment of the site's natural attributes, subject to approval by permitting agencies. 8. Signs as permitted by the LDC in effect at the time permits are requested, except as modified herein. 9. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 7121/2013 111147 Ver 111.OVYNM c-a NO442 OOS003 PPM6-26402 AV8 3DVIR131 l! ;i1ili 4111.W.SHAI NV1d 1.831400 1131131/11 Cl 10 8 GHTZE vvv v (.,.? ctLL • CO ln an In 0 V7 00 x 2 e g g 6'6'ui g a wi a i 1 1 I / t u i --. , < , „, ii V 1 g w M ■ , g I tt,,,, 6 ii . mfr..... • 4 0 6 4 v ts p11 - 6 e,r,...,i, . g . vi'i .4 1 4 • 1 t uggd -'.'z'-'1vg ,.. 8 - vg.vg 2 .! 5 A Itgi 11 .., d1 111131 0 ..fig if rf i Li i.......[...... _.. ..._. il gig ,.. ,.. -z !... ...........___. - . . ... „..,,'.4 .-,4 ' 11111111MMINIV. ..., ..4<litir7- f..i..... .... , ` lir. • ° )L *. d • .. 1 •,. - . it . . • ; : - , - '7;4,4 1"..f,••j;;;•••••*--•Ntizt„r„...r.„..* • • AF I ,.-,ti-/ , L NIIIIir.—"w I' I ' 8 1-4,..;41i 4 it 7,0■ i! * . . '°I ''S .•' . . 410 , • i 4 { ' • ' • , . 1 d . 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S.. 7____ COLLIER COUNTY h HERITAGE BAY • 0, d ti ,k;►:fit .1 - ** ,,r 4 GOLDEN GATE BLVD WHITE BLVD r ,/ EXHIBIT B »..... ....v., _S_IIMmoillillIllar tOCAT,ai►wv . 1 .HERITAGE BAY rnLoft wswIo PGA:KS.NO=mwowus irw.+iwrr.rw III { mows-*Om: '=w AVE!30V111:814 laillt , POWMind Mnil93Cfl,i�3'p/{„'�p rr a MEMO It , • if i . 1 1 I Ia. . /1 U ,. I [Ali i i i ii 11 1,, , jit, 1!I it r, g . .. ,. VII 4. il !I IN 1„11 gi I! 411,,,,,„;_if - - --- „ -- - - -.,..40 ,f, ..; ..z...,,,,, 11 al„ , ..... .. I, l • •atitiotAL„.„A •� , l ` . „.„,,,,,,..sts 111""1 -....0411r ,C-N, a II i i • _....„1, 1 of J ifrill C ',1 r � r air E'' I ir i ip ,, i, liw .,P= 1 ,i L 1i R 0 r r I `�J • • aj....., 0 ri,„ \ (t,........„ ___. _.,,m)ft. ____ 0 \,--)-- --A___Lh.,,s. _ cz, < ,- —' ' .....4 1 ✓Elfin[g1( Mit 400A0010.. J tOC r itlC MOW Ij/ FINAL WELL LOCATIONS TO f BE APPROVED BY U.S. HOME , \\*.t\s".. ".s) w, • E ...04---_ W$LLSITE 0 (APPROXIMATE * TtON) • 150' x 150' EASEMENT --, \--"'"..*:), ]' t * WELLSRE/3 iAPPROX lE LOCATION).......____ .. . . ,... 100' ■ 10D' fASEM SJ e OM MB OWL lie10MME MY-MOO=OOWQ 031.00Y MU LOd11oM .i1`.riS.Yi�. • slam EXHIBIT 0-t ,r............,...rr......,.... k • • :, -......-7A,....t-a---.4arw+4r it t atio4 ‘ are" fir. '- llkr n(f _ it OPTION it zt. s 0 1 i I i IV i'."-'. 4: 11' '41 't I11, FINAL WELL LOCATIONS u l I = `{ TO BE APPR OVED BY T 1I� � ��\ U.S. HOME� 411 � t / a ``f �!#"�.. � 'wwl 11 1 _48 • r a. r r • fit+ ' •vi��tw Eia : OPTION 2 eirlitiMUININ rHERRAGE BAY - POTENTIAL WELL LOCATIONS _ 11111111111, EXHIBIT D-1 - z ___M�` i ID S 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. 2003-40 Which was adopted by the Board of County Commissioners on the 29th day of July, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day Of August, 2003. DWIGHT H. BROCK Clerk of Courts and Clerk Ex-officio„ta,, Rard of County 9pit ¢Xe By. *et$0443.., x_ `� .FyiefY�y.� T S DC pAyngtf S EXHIBIT C • It'itot7r?0 r, FV -► ORDINANCE NO. 10-24 N ORDINANCE OF THE BOARD OF COUNTY COMMISSIONP. ,�i . OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE N ', t,�' ,:. 9 Srtg' 03-40, THE HERITAGE BAY PLANNED UNIT DEVELOPMEN k: (PUD), BY AMENDING SECTION 2.24 OF THE PUD DOCUMENT TO s; �, ADD PARAGRAPH "F" TO REFERENCE DEVELOPMENT 0.1,,;; '`• STANDARDS FOR TOWNHOUSE UNITS DEVELOPED ON AC/R3 r, t.? LANDS; BY AMENDING SECTION III, RESIDENTIAL DISTRICTS '!p' TO ADD TABLE "2A", DEVELOPMENT STANDARDS FOR AC/R3 .� RESIDENTIAL DISTRICT; BY AMENDING SECTION 3.6A OF THE PUD DOCUMENT TO REFERENCE TABLE 2A AND THE AC/R3 DISTRICT; BY ADDING SECTION 1.10 OF THE PUD DOCUMENT ALLOWING DEVIATIONS FROM THE LAND DEVELOPMENT CODE (LDC) SECTIONS 6.06.01.B AND 6.06.01.01(0) REGARDING STANDARD ROAD SECTIONS AND ROAD WIDTH, BY ALLOWING A DEVIATION FROM LDC SECTION 4.05.02.F TO ALLOW BACKOUT PARKING, BY ALLOWING DEVIATIONS FROM LDC SECTIONS 4.05.02.J AND 4.05.03 REGARDING SAME-LOT PARKING FACILITIES TO ALLOW PARKING WITHIN EASEMENTS DEDICATED TO ALL RESIDENTS; BY AMENDING SECTION 3.6.D OF THE PUD DOCUMENT TO ADD SUBPARAGRAPH "1" REGARDING BACKOUT PARKING; BY ADDING EXHIBIT A-1 TO SHOW THE SITE PLAN; BY ADDING EXHIBIT A-2 TO REFLECT THE AREA WHERE THE AMENDMENT IS AFFECTED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 29, 2003, the Board of County Commissioners approved Ordinance No. 03-40,which established the Heritage Bay Planned Unit Development(PUD);and WHEREAS, David R. Underhill of Banks Engineering and R. Bruce Anderson of Roetzel & Andress, LPA, representing Lennar Homes LLC, petitioned the Board of County Commissioners of Collier County,Florida,to amend Ordinance 03-40,the Heritage Bay Planned Unit Development. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: PUDA-PL2009-1499 Words ugh are deleted;words underlined are added REV.5/20/10 Page 1 of 5 SECTION ONE: AMENDMENT TO SECTION 2.24 OF THE PUD DOCUMENT OF • ORDINANCE NO. 03-40 TO ADD PARAGRAPH"F" Section 2.24 of the "Heritage Bay" PUD Document attached as Exhibit "A" to Ordinance No. 03-40 is hereby amended to add Paragraph"F"as follows: F. Townhouse units developed on the"AC/R3"lands may be constructed utilizing the development standards set forth in Table 2,and/or utilizing the development standards set forth below in Table 2A. SECTION TWO: AMENDMENT TO PUD DOCUMENT OF ORDINANCE NO. 03-40 TO ADD "TABLE 2A DEVELOPMENT STANDARDS FOR AC/R3 RESIDENTIAL DISTRICT" Section III, Residential Districts, of the "Heritage Bay" PUD Document attached as Exhibit"A" to Ordinance No. 03-40 is hereby amended to add Table 2A as follows: TABLE 2A DEVELOPMENT STANDARDS FOR AC/R3 RESIDENTIAL DISTRICT SINGLE MULTI FAMILY DWELLINGS FAMILY ATTACHED& Low-Rise TOWNHOUSE Minimum Lot Area 600 so.ft. 10.000 sa.ft. Minimum Lot Width lift. 100 R. Min.Average Site Depth' 2Q fI 120 ft. Accessorv/Principal Oft./0 ft, 15 ft, Garage Front/Slde 23 ft./10 ft. front Tai Entry 23 ft./10 R. Setback'4" Garage or Carport on Parkins Lot Nil/ 00 ft. Accesswav Rr Yard Principal Q 1�. 10 ft. Setbacks Accessory' Q." 10 ft. Side Yard Setback : s e 0 ft, Or 7%ft. % the Building Height Principal 3 Accessory '' ' Preserve Principal 25 ft. Setback Accessory I 10 ft. 10 ft PUDA-PL2009-1499 Words struck-through are deleted;words underlined are added REV.5/20/10 Page 2 of 5 • Maximum Height' �5 ft, 65 ft. Distance Between Princleal Structure 10 ft. %the Sum of the Building Heights Minimum Floor Area 750 so.ft. 750 sa.ft, 1. Front yards for dwellings and side-enter garages are measured from tack of curb, or edge of pavement (if not curbed),or from the right of way line.whichever is less restrictive. Front Yards for a front-loaded garage are measured from garage door to back of curb. edge of pavement or sidewalk, whichever is closer to the garage door. 2. Where adiacent to a lake_(measuredlrom top of bank),or open space reduced to 0 feet. 3. Buildine height-See Section 1-8. 4. All zero lot line units in a series shall have a 0-foot side setback on the same side of the lot. The zero foot setback side may change only if a minimum 10 foot wide space is provided in the form of an easement,golf course crossing or the like.which separate the lots. 5. Guesthouses or cabana bedrooms are subject to tilt Setback requirements for principal structures. 6. The side corner setback shall be the same as the required side principal structure setback. 7. Site depth average-determined by dividing the site area by the site width, SECTION THREE: AMENDMENT TO SECTION 3.6.A OF THE PUD DOCUMENT OF ORDINANCE NO. 03-40 Section 3.6.A. of the "Heritage Bay" PUD Document attached as Exhibit"A" to Ordinance No. 03-40 is hereby amended as follows: • A. Tables 1 and-table 2 and 2A set forth the development standards for land uses within the "RI", "R2", "R3" and "R4" and AC/R3 Districts, with Table 2A pertaining to AC/R3 District only. SECTION FOUR: AMENDMENT TO SECTION 1 OF THE PUD DOCUMENT OF ORDINANCE NO. 03-40 TO ADD SECTION 1.10, PROVIDING FOR DEVIATIONS FROM THE LAND DEVELOPMENT CODE Section I, Legal Description, Property Ownership and General Description, of the "Heritage Bay" PUD Document attached as Exhibit "A"to Ordinance No. 03-40 is hereby amended to add Section 1.10 as follows: 1.10 The following deviations from the Land Development Code are approved for AC/R3 District only: A. From Sections 6.06.01.8 and 6.06.01.0. which require compliance with the standard road section in Appendix B of the LDC and allowing a 75-foot wile right-of-way with on street parking. PUDA-PL2009-1499 Words struck through are deleted;words underlined are added REV.5/20/10 Page 3 of 5 B. From LDC Section 4.05.02.F which states no motor vehicle shall have to back 40. onto any street from an off-street parking facility. C. From Sections 4.05.02.J and 4.05.03, which require all off-street parking facilities to be located on the same lot they serve to allow the parking for the project to be located within parking easements dedicated tg all residents. SECTION FIVE: AMENDMENT TO SECTION 3.6.D OF PUD DOCUMENT OF ORDINANCE NO. 03-40 TO ADD SUBPARAGRAPH "1" Section 3.6.D of the "Heritage Bay" PUD Document attached as Exhibit "A" to Ordinance No. 03-40 is hereby amended to add Subparagraph"1"as follows: 1. Known deviations from existing parking regulations have been approved for the AC/R3 District to allow a 24-foot right-of-way, to allow parked cars to back out onto the roadway within parking easements instead of having all parking facilities on the same lot served. • SECTION SIX: AMENDMENT TO PUD DOCUMENT OF ORDINANCE NO. 03-40 TO ADD EXHIBIT A-1,SITE PLAN Exhibit A-1, Site Plan, is hereby added to the "Heritage Bay" PUD Document and is attached hereto and incorporated herein by reference. SECTION SEVEN: AMENDMENT TO PUD DOCUMENT OF ORDINANCE NO. 03-40 TO ADD EXHIBIT A-2,AFFECTED AREA Exhibit A-2, Affected Area, is hereby added to the "Heritage Bay" PUD Document and is attached hereto and incorporated herein by reference. SECTION EIGHT: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PUDA-PL2009-1499 Words are deleted;words underlined are added • REV.5/20/10 Page 4 of 5 PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida,this,22 _day of .� u n( ,2010. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK, CLERK COLLIER COUNTY, FLORIDA 1 By tl • . , Deputy Clerk FRED W.COYLE,C{� rman M*bat .tom IMO 41.04turtt oft Approved as to form and legal sufficiency: %.ftl LA.,) Steven T. Williams • Assistant County Attorney SAS 2)."t° Attachments: Exhibit A-1 —Site Plan Exhibit A-2—Affected Area CP\09-CPS-01000\54 This ordinance flied with the Sect/Rory of State's Office the c2doy of dune., that and =know f113 • ec eivedd his Z day of s ' V. !Jl 4i- • /.r ub owl; • PUDA-PL2009-1499 Words struck eugh are deleted;words underlined are added REV.5/20/10 Page 5 of 5 ..... II , 111;71111111 Kmtui , 1... , , 0 1 11 S a§, IE. , --1 § r 0 x 111311:11, 1 i '[ i .• ... kik S 1 I• '1 li r. ii, II P i C 1 4 I I 1 1:1 LER .‘ %Rims ri ,tilloormon h Isiot. el 1 . ■0 I • 4 i I II \• : 4 , . * 1 4040144 " i Nil III i 1-.. , *lel : ; I...4 II'' 1 11 !Ili '''''... - . '' --- - 'I "'...--' ' - ''''. I'''''''''..'.. '-• - 4 11 ', ' I fri ill ,.. . I,,i6 1 lit1:1 4 ' 4 I 401 1 , 4 11111:: • . , 1 II Ira \‘'C''"Wkft-r oN.t.7•01 • A t ...,_... ..... reltrt‘to , i . I I k II N.,41 i.:i\% i 11 44,4,., N ‘.... tN.,, E,F, •«::..7 1 X......"*.N.\ •XV■ inini a ''',Z \\ I l \k• 1 - i Il I ft .1 ift , ■ .1,tili , * g 1 !i k.......,..„....-e ... I ' •—gi "''ss t. / I I , r -- s,— ti ' , .. • ii i t ,9, I,.. i I. \.„1 i ) : 1 i iilhg I 1 .., ...,_......, 1 1 N t i ',..._.....'I l_.........„,„.......- t EXHIBIT . , Pe • _ .._, : ii 4 - 1 f- . ,......._ I „I. . .„ ..,,,..._ __ ... _ • to.**-skt,••• _________________ ft 4 _e • i 6-1 —6.1 —2 -0 C..- 1 4 V =4 MIN 30 i 44 • Ilt •-• ,,,.. . `C.,'•''R 41401 ..... . ,. ..7 ....j.),.....,. , -...,-.., ..--- ■ , ----- rn......._......_. ., ,.. , r { 1 1 I 1:1 j ,, •. •, ., „, _ , ..... I L,-,--„,„ ___, ie. -44t, . ., • I . a 4 . I .. 7 44. 44 4441* •• g 1 , x.■ •.---.-4,--' ---- '''..z.„\, ' •• •• 44 44 • it gt ,' ,.. ,,,, 4 i • ••••• •• • ■ • la c',., ,.^••'''''.....0 Ili.11011.a. 41144* . 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' . . . . , . .. . i i ..„; •. .. 44 t •• • oo •444 4 Ir .-4-4 •.•••• '4%•44_■••-•■• ' '• I': ' • .. .. .. .. a• •Ast• I II. I :4. :4. .1•::t:• 1 4 44 . 4 g II: :4.:4.:::::: ■::..4.14. 1 t •• :,1 4.•,4•I I. I.{4.:: , ;,;. ;,,;;,,; S;t t 1;;•4;1 ;*;• ;•;• 144‘42,N, t'•.9'',''1P.44.4. ,•4..•'1g'' 4 1 ,.. rn ll ; ; z 1 : oso ite1 •444 4+ 41414.44 ( 44,4 44 4444 4644 .4 Y 4 < 41.1 •1 • 111 • 1 •••t 4 t',/. e. lfk._ t••••4•7 •I 4,1„. , . 4 • 'p •il•4 .144 t• 44111 1). id, .1. i•i 'N I., /I ,,,,k'.:.— -•-- "-'0.• ;; '' ::2:-.'" "-"'i :;:.;:•. '.::..-' , ,1 •4 •::t.4.,I.::.: .: 1.4.1 ,4•••••4 ._•__,.•I•4 :7,041t ,... .4.4..._.,. , ,.4■ ..it: it. ,,,..,\„. . . „..,, ,%;. ,„4,, 4 • 11 *•• i 4 \i .... ...1.1.1- • - ::'.•::::::::::: ;: , t. . •• ■• *■ •• •• •• •• It :+1 -,-.-.-i , i 10 ,:- --------:- r•;.:\•,-•i 1 . • •al •4 V ; t * " . ' iumanues " - (Toyama an Au:sem) I (II=1,1inOrtept-,' ,.... V -0107 IVINI1/101•0•1 V i I , , 7 / 1- -, ...... ...r• Li j CI • • Extuarr ........._ < t.1.1 ........ . ---r 1 4 2.. • . - t... ........ ._ , , ........ ............ ... .. .. ..._ ... . .............................................____. ......_ .. ...... . • 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 2010-24 Which was adopted by the Board of County Commissioners on the 22nd day of June, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of June, 2010. DWIGHT E. BROCK Clerk of Courts:.ai d"'C1'erk Ex-officio to Bca d'.af County Commissioners -. 0 047; rl„s.),„Jc>„ t,n,w,„) wj ' t Teresa olaski, Deputy Clerk • DIE PANI9P.9F1 S EXHIBIT D S CJ j: ° £i➢ {,i,n r . ,i ;,.¢, 1 i a; .(ftive, i 1 ! ,.- 1 } � } y tt lffD a, c gi p pp t j 1a • w 1 li� � it l,f}di I ! 14519 £r a.-- t JXt {t, F r ` . tt 14 11 .�,1 j im 114 i oi,„ .i, 10911:i j ,` gg t rtd ~�' �" i a IJ1! h r/Xi If 1ff 'r£ 1 ` i z ► !"11 0 Ili ;iip ` 4 .t► lltth tel Pair ► 1.0 g '( ``��ii. XX !► } Far �Lp ' eE1 °GrL�4 t �IItaLY r � , ■ l it Qii le°1f ; �k .1 • ! 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M i I l'1E It 1 * 1 '141 i•,77--t--sii ok 76;0 Auls,uuns A ..1. : I i • I 5 i ! k , 1 t i, -I g."z ' ,„ [1 .... .Ion 06 .. 4: e'— .i, ''' 7 ' ' it 1 4 I-hi * 41 , I / 4 / . * j ill I1 1 i i ,e: 1 t 1 --rfaiNi 4----7"--- ---- I! ' r ‘ .c.An*lit .• • DE RAgtf EXHIBIT F • S i d41 LC 15;›E'VI X e r,.. 7,-,,F. -- { 5 • 4 4b "'�' 5 V jet f• •1 _ 1 3iS °ell-a �. tai a k s _ / - # 1 1 \''') ' 4%4. 3 :- 1-÷ ': ,00 3 i i i ili ' 1,;!,1\• ,,__*,.--°- t r i _- V I tSt W o 2 17 ; il i4Viti ir' i 0 �T� 1 rot 1 t -4 raf�, �'7A 9 r f}�7 � apl7ttfl9 '2aan� l" - rt; f, { _L.t Rp 9 y 4_ Fs Y ; ZYFFI! R* t SOS c�3 Kb■ Nr:-.o-t}YMJ 0.-Lt-11 C Or-LO HL-W-LYZOIY - l IIllIIV WOOL J . ., I b3ot ie X - 30.1X9 AYH 0111,300(a k 1 rt, -5...... i to f W i i,„,,,,j i i ' € g 1 i' : # t a 799! te,_ 5-"4 1MN'4f1@ I OtlYA3'Ifg9 tl31T103 j g`:, • ... , i 1 5318 DE DAVIDSON • EXHIBIT G • • • i • AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) Thomas Carollo _(print name),as Managing Member (title, if applicable)of Cameron Partners II,LLC (company, If applicable),swear or affirm under oath,that I am the(choose one)owner UM applicantncontract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Frededdc E.Hoot aCP of Davidson Engineering,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". 0 • In each instance, fir- det#rmine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriat: format for that ownership. Under penalties,. •erj , I declare that I have read the foregoing Affidavit of Authorization and that the facts state I ar, true. \1\hkaoti4 Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing i strum nt was sworn to(or affirmed)and subscribed before me on \g�� (date)by AtNy(`` :J� (name of person providing oath or affirmation), as cl\ri a Y14r rieCufffi‘ i/6410 is personally known to me or who has produced (type if i, ntificatirn)as identification, tM . i 1\.>• STAMP/SEAL Sigma ure of Nota r' Ic • a,y„+a� JESSICA NA1I1ELS41�, 4 f ,,,'' r r4y Notary PuWk-Stets of Florid, My Comm Nib's May It 2015 I ' Commission N FF 019264 • l (�'r i,n' Ban d 1Mgagh IUtlaall Mat i CP\08-COA-001151155 REV 3/24/14 DE EXH|BIT M • INSTR 4894812 OR 4968 PG 3525 RECORDED 9/25/2013 4:06 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 50.70 REC 518.50 I I Purchase Price/Transfer Dollar Amount: 510.00 j Documentary Stamp Tax Amount: .70,transfer between a grantor and 1 its wholly owned grantee,absent any exchange of value,without consideration and where property is unencumbered by the lien of a mortgage Crescent Miami Center,LLC v.Dep't of Revenue,903 So.2d 913(Fla.2005) Property Identification Number. 49660081080 Prepared without opinion of title by: Paul K.Heuerman,Esq. Roetzel&Andress,LPA 850 Park Shore Drive,Third Floor Naples,Florida 34103-3587 (239)649-6200 pheuerman@ralaw.com 1s faria"'�"ct�' _..._ 7 . . . . I':' ED\• This Warranty Deed i.i m• • e _ y f •wldsr 2013, by Cameron • Partners,LLC,a Florida limits rlin t . ..1 , ..- .st ads is 11586 Quail Village Way Naples,Florida 34119-8917(si gttl y or col eetively 4 r ntor°, o taphron Partners II,LLC,a Florida limited liability company,whos'\Qt._i office address is 11 1:-• Q ail a Way,Naples,Florida 34119- 8917(singularly or collectively e"): (� (Whenever used herein the terms ' .r tee"Mel es to this instrument and the heirs,legal representatives,and assigns of indi'idu ?AagX , 10td6upgns of corporations,trusts and trustees.) Witnesseth, that the Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations, receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee,all that certain land situate,lying and being in Collier County,Florida,to wit: Tract"D",HERITAGE BAY COMMONS,according to the Plat thereof recorded in Plat Book 43, at Page 46, of the Public Records of Collier County,Florida. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To have and to hold,the same in fee simple forever. And Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple;that Grantor has good right and lawful authority to sell and convey said land; that Grantor • 1 *** OR 4968 PG 3526 *** i 1 10 hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes for the current and subsequent years, zoning, building code and other use restrictions imposed by governmental authority, and all matters of public record. In witness whereof,Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed,sealed and delivered in our presence: 192.14, i$ Cameron Part :rs,L C, Print Name: X- Hcv44..fenkon a Florida Ii. lied liabi ity company f -'-.------- . ----Iv:CR— Co "..°7 -13%—;:-~y Print Name: Catherine J.S. . .. o, i„er If ``.. r, ,..„,0 State of Florida County of Collier e • The foregoing instrume t:`18, acknowledged bet m th" day of S, r e,,,6.,. , 2013,by Thomas C.Carollo,M Qf Cameron Partner L ida limited liability company,on behalf of said entity,who[is pel n known to me,or , aced Ale [Notary Seal] Notary Public-Signature Printed Name: ti0tARYPr.f Ic My Commission Expires: /4 .1,CathflineJ.S.Nadeau °x, d C...z�is�,a 4a EE723077 sca r res: SEP 02,20IS 1471 rn:DMCa,me. • i 7630996 1 111708.0014 22D )) Friday, February 6,2015 )) NAPLES DAILY NEWS NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., on Thursday, February 26,2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples,FL 34104 to consider: PETITION NO. ZVL (CUD) - P1.20140002581 — Cameron Partners II, LLC requests affirmation of a zoning verification letter issued'by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of General Warehousing and Storage(SIC 4225), indoor air- conditioned mini-storage and self-storage only, is comparable in nature to other permitted principal uses within the Activity Center Commercial District under Section 6.4 of the Heritage Bay PUD,Ordinance No.03-40,as amended.The subject property is located at the northeast quadrant of the Collier Boulevard(CR 951)and Immokalee Road intersection, in Section 23, Township 48 South, Range 26 East, Collier County,Florida. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need'a record of that proceeding, and for such purpose he may need to-ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida No.2047400 Fnbruary 6 2015 }}E(EXHIBIT g Z1 /1,'-5- MICELI PUD HEX 2-26-15 ZVL(CUD)—PL201 40002784 Ann P. Jennejohn - - From: Reischl, Fred Sent: Tuesday, January 27, 2015 3:06 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Lang, Ashley; Kendall, Marcia Subject: Ad Request ZVL(CUD)-PL20140002784 Miceli PUD Attachments: Ad Request.docx; Ad Request - signed.pdf Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for approval prior to processing. A map is NOT required for this ad. Thanks! Fred Fred Reischl, AICP Principal Planner Planning & Zoning Department Phone: 239-252-4211 colliergov.net Co er County Under Florida Law,e-mail addresses are public records.if you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Wednesday,January 28, 2015 2:17 PM To: Reischl, Fred; Minutes and Records Cc: Stone, Scott Subject: FW:Ad Request ZVL(CUD)-PL20140002784 Miceli PUD Attachments: Ad Request.docx;Ad Request - signed.pdf The ad matches the approved title, and the requested run date is good. OK to proceed. Wanda Rodriguez, ACT .Advanced Certified Paralegal Office of the County .Attorney (239)252-8400 From: ReischlFred Sent: Tuesday, January 27, 2015 3:06 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; Patricia L. Morgan; NeetVirginia; RodriguezWanda; LangAshley; KendallMarcia Subject: Ad Request ZVL(CUD)-PL20140002784 Miceli PUD Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for approval prior to processing. A map is NOT required for this ad. Thanks! Fred Fred Reischl, AICP Principal Planner Planning & Zoning Department Phone: 239-252-4211 colliergov.net .iftCo er C+l4nty Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 January 27, 2015 Coiher County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on February G. 2015, and furnish proof of publication to the attention of Fred Reischl, Principal Planner in the Planning & Zoning Department, Zoning Services Seuhon, 2800 North Horseshoe Dhve, Nap|es, Florida 34104. The advertisement must be a 1/4 paqe advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference thefm|lovxVn0up ALL Invoices: DEPARTMENT: PLANNING&ZONING Zoning Services Section FUND&COST CENTER: 13i438326-G4910U'00¢00 PURCHASE ORDER NUMBER: 4500154426 Account Number: 076397 AuthorizédDésignee signature for HEX Advertising PL NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,February 26, 2015, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: PETITION NO. ZVL (CUD)—PL20140002784 — Autumn Blossoms, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Assisted Living Facility is comparable in nature to other permitted Commercial/Tract"B" uses under Section 3.02.A of the Miceli PUD, Ordinance No. 92-62, as amended. The subject property is located on the south side of U.S. 41 halfway between Rattlesnake Hammock Road and Collier Boulevard, in Section 29, Township 50 South, Range 26 East, Collier County, Florida, consisting of 8.7 acres. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Acct #076397 January 28, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: Petition ZVL (CUD) — PL20140002784, Miceli PUD Dear Legals: Please advertise the above referenced notice on Friday, February 6, 2015 and send Duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500154426 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 26, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. ZVL (CUD) — PL20140002784 — Autumn Blossoms, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Assisted Living Facility is comparable in nature to other permitted Commercial/Tract "B" uses under Section 3.02.A of the Miceli PUD, Ordinance No. 92-62, as amended. The subject property is located on the south side of U.S. 41 halfway between Rattlesnake Hammock Road and Collier Boulevard, in Section 29, Township 50 South, Range 26 East, Collier County, Florida, consisting of 8.7 acres. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, January 28, 2015 1:23 PM To: Naples Daily News Legals Subject: ZVL (CUD) - PL20140002784 Attachments: ZVL (CUD) -PL20140002784.doc; ZVL (CUD) - PL20140002784.doc Hi again, Please advertise the attached on Friday, February 6, 2015. Thank you, Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 1 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Thursday, January 29, 2015 9:30 AM To: Minutes and Records; Ann P. Jennejohn Cc: Reischl, Fred; Stone, Scott; Ashton, Heidi Subject: RE: Ad Request ZVL(CUD)-PL20140002784 Miceli PUD Ann, The title of this item has been revised as shown below. Please forward the new wording to the NDN for the pending ad. Thank you, Wanda Rodriguez, ACT .Advanced Certified ParalegaC Office of the County .Attorney (239)252-8400 PETITION NO. ZVL (CUD)—PL20140002784 —Autumn Blossoms, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Assisted Living Facility is comparable in nature to other permitted Commercial/Tract "B" uses under Section 3.02.A of the Miceli PUD, Ordinance No. 92-62, as amended. The subject property is located on the south side of U.S. 41• East, 200 feet north of Raintree Lane -- - e- --- ' - • - •- - - - ""e- ' e- - - "e - e - Boulevaf , in Section 29, Township 50 South, Range 26 East, Collier County, Florida, consisting of 8.7 acres. From: RodriguezWanda Sent: Wednesday, January 28, 2015 2:17 PM To: ReischlFred; 'Minutes and Records' Cc: StoneScott Subject: FW: Ad Request ZVL(CUD)-PL20140002784 Miceli PUD The ad matches the approved title, and the requested run date is good. OK to proceed. Wanda 'Rodriguez, .ACT .Advanced Certified TaraCegaf Office of the County Attorney (239)252-8400 From: ReischlFred Sent: Tuesday, January 27, 2015 3:06 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; Patricia L. Morgan; NeetVirginia; RodriguezWanda; LangAshley; KendallMarcia Subject: Ad Request ZVL(CUD)-PL20140002784 Miceli PUD 1 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Thursday, January 29, 2015 9:51 AM To: Naples Daily News Legals Subject: Small Change to ZVL (CUD) - PL20140002784 sent yesterday Attachments: ZVL (CUD) - PL20140002784.doc Hi there, The County Attorney's Office has requested a small change to the text (please see attached) in ZVL (CUD) - PL20140002784, that I sent yesterday. Please call if you have any questions; sorry and thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) From: Ann P. Jennejohn Sent: Wednesday, January 28, 2015 1:23 PM To: Naples Daily News Legals Subject: ZVL (CUD) - PL20140002784 Hi again, Please advertise the attached on Friday, February 6, 2015. Thank you, Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 26, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104 to consider: PETITION NO. ZVL (CUD) — PL20140002784 — Autumn Blossoms, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Assisted Living Facility is comparable in nature to other permitted Commercial/Tract "B" uses under Section 3.02.A of the Miceli PUD, Ordinance No. 92-62, as amended. The subject property is located on the south side of U.S. 41 East, 200 feet north of Raintree Lanez in Section 29, Township 50 South, Range 26 East, Collier County, Florida, consisting of 8.7 acres. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Friday, January 30, 2015 1:12 PM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UAS24AF.jpg Hi Ann! Please provide approval ASAP for publication on 02.06.15. Thanks again! Have a fun weekend!! Carol Carol Polidora I Legal Advertising Specialist Naples Daily News 0: 239-213-6061 F: 239-325-1251 E: cpolidora @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Thank you for placing your ad. Date 01/30/15 Publication NDN Account Number 787098 Ad Number 2047405 Total Ad Cost $278.04 MICELI PUD ZVL (CUD) - PL20140002784 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M.,on Thursday, February 26, 2015,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610, Naples,FL 34104 to consider: PETITION NO. ZVL (CUD) - PL20140002784- Autumn Blossoms, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10,02,06. in which County staff determined that the proposed use of Assisted Living Facility is comparable in nature to other permitted Commercial/Tract "B" uses under Section 3.02.A of the Miceli PUD, Ordinance No.92-62,as amended.The subject property is located on the south side of U.S.41 halfway between Rattlesnake subject Road and Collier Boulevard,in Section 29,Township 50 South,Range 26 East,Collier County,Florida,consisting of 8.7 acres. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples;FL. The Bearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East,Suite 101,Naples, Florida 34112• 5356,(239)252-8380,at least two days poor to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida February 6,2015 No.2047405 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, January 30, 2015 1:29 PM To: 'Polidora, Carol' Subject: RE: Ad Confirmation Attachments: ZVL (CUD) - PL20140002784.doc Hi Carol, The County Attorney's Office had requested a small change to the text in this ad (please see attached) Again, I'm sorry and thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Friday, January 30, 2015 1:12 PM To: Ann P. Jennejohn Subject: Ad Confirmation Hi Ann! Please provide approval ASAP for publication on 02.06.15. Thanks again! Have a fun weekend!! Carol Carol Polidora I Legal Advertising Specialist Naples Daily News 0: 239-213-6061 F: 239-325-1251 E: cpolidora @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Thank you for placing your ad. Date 01/30/15 Publication NDN Account Number 787098 Ad Number 2047405 Total Ad Cost $278,04 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday, February 26, 2015, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL 34104 to consider: PETITION NO. ZVL (CUD) — PL20140002784 — Autumn Blossoms, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Assisted Living Facility is comparable in nature to other permitted Commercial/Tract "B" uses under Section 3.02.A of the Miceli PUD, Ordinance No. 92-62, as amended. The subject property is located on the south side of U.S. 41 East, 200 feet north of Raintree Lane., _ _, in Section 29, Township 50 South, Range 26 East, Collier County, Florida, consisting of 8.7 acres. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Friday, January 30, 2015 2:10 PM To: Ann P. Jennejohn Subject: REVISED - Ad Confirmation Attachments: UAS51B1.jpg Ann, REVISED attached for approval. Thanks! Carol Carol Polidora I Legal Advertising Specialist Naples Daily News 0: 239-213-6061 F: 239-325-1251 E: cpolidora @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Thank you for placing your ad. Date 01/30/15 Publication NDN Account Number 787098 Ad Number 2047405 Total Ad Cost $271.42 Miceli PUD ZVL (CUD) — PL20140002784 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,on Thursday, February 26, 2015, in the Heating Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610, Naples,FL 34104 to consider: PETITION NO. ZVL (CUD) PL20140002784 Autumn Blossoms, LLC requests affirmation of a zoning verification letter issued by the Plannin and Zoning Department pursuant to LDC Section 10.02.06,in which County staff determined that the proposed use of Assisted Living Facility is comparable in nature to other permitted Commercial/Tract "B" uses under Section 3.02.A of the Miceli PUD, Ordinance No.92-62,as amended.The subject property is located on the south side of U.S.41 East,200 feet north of Rat ntree Lane,in Section 29,Township 50 South, Range 26 East,Collier County,Florida,consisting of 8.7 acres. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. It a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. if you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East,Suite 101,Naples, Florida 34112- 5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida February 6,2015 No.2047405 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Friday, January 30, 2015 2:23 PM To: Reischl, Fred; Rodriguez, Wanda; Neet, Virginia Subject: Ad Proof HEX Petition ZVL (CUD) - PL20140002784 Miceli PUD Attachments: UAS51B1.jpg Hello, Attached is the proof for HEX Petition ZVL (CUD) - PL20140002784, the Miceli PUD, running Friday, February 6th for HEX on February 26th. Please send your approval/and or any changes a.s.a.p. Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Friday, January 30, 2015 2:10 PM To: Ann P. Jennejohn Subject: Ad Confirmation Ann, For approval. Thanks! Carol Carol Polidora I Legal Advertising Specialist Naples Daily News 0: 239-213-6061 F: 239-325-1251 E: cpolidora @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Thank you for placing your ad. Date 01/30/15 Publication NDN Account Number 787098 Ad Number 2047405 Total Ad Cost $271.42 i Ann P. Jennejohn From: Reischl, Fred Sent: Friday, January 30, 2015 2:26 PM To: Ann P.Jennejohn; Rodriguez, Wanda; Neet, Virginia Subject: RE: Ad Proof HEX Petition ZVL (CUD) - PL20140002784 Miceli PUD Looking good! Original Message From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Sent: Friday, January 30, 2015 2:23 PM To: ReischlFred; RodriguezWanda; NeetVirginia Subject: Ad Proof HEX Petition ZVL (CUD) - PL20140002784 Miceli PUD Hello, Attached is the proof for HEX Petition ZVL (CUD) - PL20140002784, the Miceli PUD, running Friday, February 6th for HEX on February 26th. Please send your approval/and or any changes a.s.a.p. Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Friday, January 30, 2015 2:10 PM To: Ann P. Jennejohn Subject: Ad Confirmation Ann, For approval. Thanks! Carol Carol Polidora I Legal Advertising Specialist Naples Daily News 0: 239-213-6061 F: 239-325-1251 E: cpolidora@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Thank you for placing your ad. Date 01/30/15 Publication NDN Account Number 787098 Ad Number 2047405 Total Ad Cost $271.42 Please visit us on the web at www.collierclerk.com 1 Ann P. Jennejohn From: Rodriguez,Wanda Sent: Friday, January 30, 2015 3:47 PM To: Ann P.Jennejohn; Reischl, Fred Subject: RE:Ad Proof HEX Petition ZVL (CUD) - PL20140002784 Miceli PUD Looks good. Wanda Rodriguez, MCP .Advanced Certified ParaCega[ Office of the County .Attorney (239)252-8400 Original Message From: Ann P. Jennejohn [mailto:Ann.Jenneiohn0collierclerk.com] Sent: Friday, January 30, 2015 2:23 PM To: ReischlFred; RodriguezWanda; NeetVirginia Subject: Ad Proof HEX Petition ZVL (CUD) - PL20140002784 Miceli PUD Hello, Attached is the proof for HEX Petition ZVL (CUD) - PL20140002784, the Miceli PUD, running Friday, February 6th for HEX on February 26th. Please send your approval/and or any changes a.s.a.p. Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Friday, January 30, 2015 2:10 PM To: Ann P. Jennejohn Subject: Ad Confirmation Ann, For approval. Thanks! Carol Carol Polidora 1 Legal Advertising Specialist Naples Daily News 0: 239-213-6061 F: 239-325-1251 E: cpolidora @NaplesNews.com A: 1100 Immokalee Road 1 Naples, FL 34110 Thank you for placing your ad. Date 01/30/15 Publication NDN Account Number 787098 Ad Number 2047405 Total Ad Cost $271.42 1 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Friday, January 30, 2015 4:04 PM To: 'Polidora, Carol' Subject: RE: REVISED - Ad Confirmation Hi again, This one looks great too, please publish next Friday, February 6th, 2015. Thank you for making that revision. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Friday, January 30, 2015 2:10 PM To: Ann P. Jennejohn Subject: REVISED - Ad Confirmation Ann, REVISED attached for approval. Thanks! Carol Carol Polidora I Legal Advertising Specialist Naples Daily News 0: 239-213-6061 F: 239-325-1251 E: cpolidora @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Thank you for placing your ad. Date 01/30/15 Publication NDN Account Number 787098 Ad Number 2047405 Total Ad Cost $271.42 1 Ann P. Jennejohn From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Thursday, February 05, 2015 10:56 AM To: Ann P. Jennejohn Subject: RE: REVISED - Autumn Blossoms Ad 2047405 Confirmation Released... Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidora @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Original Message From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Sent: Thursday, February 05, 2015 10:54 AM To: Polidora, Carol Subject: FW: REVISED - Autumn Blossoms Ad 2047405 Confirmation Original Message From: Ann P. Jennejohn Sent: Friday, January 30, 2015 4:04 PM To: 'Polidora, Carol' Subject: RE: REVISED - Ad Confirmation Hi again, This one looks great too, please publish Friday, February 6th, 2015. Thank you for making that revision. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Friday, January 30, 2015 2:10 PM To: Ann P. Jennejohn Subject: REVISED - Ad Confirmation 1 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News + COLLIER COUNTY HEX LAURA WELLS 2800 N HORSESHOE DR NAPLES FL 34104 REFERENCE : 076397 4500154426 59764492 NOTICE OF PUBLIC HE' : F NOTICE OF MEETING NOTICE OF MEETING NOTICE OF PUBLIC HEARING State of Florida Notice is hereby given that a public hearing will be held by the Col015,Cnuthe Counties of Collier and Lee Hearing Examiner (HEX)i atR oo at 2800 North Horseshoe Drrive,6Room 609/610, Hearing Examiner's Meeting Before the undersigned authority, perso Naples,FL 34104 to consider: PETITION NO. ZVL (CUD) - PL20140002784 - Autumn Blossoms, LLC requests appeared Dan McDermott, says that he sery affirmation of a zoning verification letter issued by the Planning and Zoning Inside Sales Supervisor, of the Naples Da thata heeproposeda se ofLAssistedlLving Faclityrisvcompaablelinsnatureeto other a daily newspaper published at Naples, in Ordinance No.92-62alasramended.The subject property is0o ated onh the outhPside of U.S.41 East,200 feet north of Faintree Lane, in Section 29,Township 50 South, County, Florida: distributed in Collier Range 26 East,Collier County,Florida,consisting of 8.7 acres. and Lee counties of Florida; that the attc All interested parties are invited t presentation before the Hearing a pear and bbeo heard. ape All materials art usedtin copy of advertising was published in said record. newspaper on dates listed. y h h can be Copies of staff report are available one week ph;i•iaonratpoemtheenthear ng. Diivision, 2800 North reviewed at-the Collier County Affiant further says that the said Nap1€ Horseshoe Drive,Naples,FL. 9 Examiner's s decision mace by the Collier County Hearing Examiner with d News is a newspaper published at Naples, J.The Hearin Examiner's decision becomes final on the date rendered. If a perso decides to appeal any Collier County, Florida, and that the said ofpnattpro eeding,eand foresu haPu p se he may n edrto9ensurelthatea verbatim newspaper has heretofore been continuous) record of the proceedings is made, which record includes the testimony and Y evidence upon vahich the appeal is tc be based. day and has been entered as second class m If you are a person with a disablity who needs any accommodation in order to matter at the post office in Naples, in Sa ofrtcelrtain you are no cost Management Collier County, Florida, for a period of 1 Department located at 3335 Tamemi Trail East, Suite tot, Naples, Florida 34112 5356,(239)252-8380,at least two days prior to the meeting. next preceding the first publication of th Mark Strain, attached copy of advertisement; and affian- ChiefHeanngExaminer PY Collier Coun ,Florida further says that he has neither paid nor _ rC ' promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 02/06 AD SPACE : 82 LINE FILED ON: 02/06/15 + — Signature of Affiant .f Sworn to and Subscribed before me hi day of nr - 203 Personally known by me A -- a ir.-",,1-_, �y.,,, POLtDor Wit "MY Pak•State of Flom;,, l �1IFF1856 My Comm.Expires Dec 28. u lionMNdthrouph National Notary Ass r OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez,ACP DATE: March 6, 2015 RE: Hearing Examiner Decision(s) from February 26, 2015. Attached are four signed HEX decisions from the Hearing Examiner hearing on February 26, 2015. HEX No. 2015-06 will be transmitted at a later date. Attachments: HEX No. 2015 —04 HEX No. 2015 —05 HEX No. 2015 —07 HEX No. 2015 —08 [05-00A-01253/813782/1]744 HEX NO. 2015—04 HEARING EXAMINER DECISION PETITION NO. ZVL (CUD)—PL20140002784 — Autumn Blossoms, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Assisted Living Facility is comparable in nature to other permitted Commercial/Tract "B" uses under Section 3.02.A of the Miceli PUD, Ordinance No. 92-62, as amended. The subject property is located on the south side of U.S. 41 East, 200 feet north of Raintree Lane, in Section 29, Township 50 South, Range 26 East, Collier County, Florida, consisting of 8.7 acres. DATE OF HEARING: February 26, 2015. STAFF RECOMMENDATION: Approval. FINDINGS: 1. The Hearing Examiner has jurisdiction to hear this matter pursuant to Section 2-87 of the Code of Laws and Ordinances, and Section 3.G.6. of the Administrative Code for Land Development. 2. Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 10.02.06.J of the Land Development Code has been met and the petition is approved. ANALYSIS: No members of the public were in attendance and no letters of objection were received. DECISION: The Hearing Examiner hereby approves Petition No. ZVL(CUD)—PL20140002784, filed by Tim Hancock, AICP of Stantec Consulting Services, Inc., representing Autumn Blossoms, LLC, requesting approval of a zoning verification letter determining that the proposed use of Assisted Living Facility is comparable in nature to other permitted Commercial/Tract "B" uses under Section 3.02.A of the Miceli PUD, Ordinance No. 92-62, as amended, on the property described therein, and affirms staff's determinations as stated in the Zoning Verification Letter attached as Exhibit"A". ATTACHMENTS: Exhibit A - Zoning Verification Letter ZVL(CUD)—PL20140002784 LEGAL DESCRIPTION: See Ordinance No. 92-62, as amended,the Miceli PUD. [15-CPS-01408/1150963/1]17 1 oft APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. 3 - 5- ZO P Date Ma±Strain, Hearing Examiner Approved as to form and legality: Scott . Stone Assistant County Attorney {15-CPS-01408/1150963/1]17 2 of 2 Exhibit A Page 1 of 2 ,e- +co4 y Growth Management Division Planning &Zoning January 6, 2015 Tim Hancock, AICP Stantec Consulting Services, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Re: Zoning Verification Letter ZVL(CUD)-PL20140002784; 11150 Tamiami Trail East, Micelli PUD, Collier County, Florida, Folio Number 00439000008 Dear Mr. Hancock: Thank you for your request for a Comparable Use Determination. The subject property is zoned Planned Unit Development (Micelli PUD). You requested a determination that an Assisted Living Facility (ALF) is a permitted use in the Micelli PUD. The Mice lli PUD does not specifically permit the use of an ALF, however, Section 3.02.B.21 of the PUD states"any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the district.' You have provided evidence that a majority of the uses in Tract B of the PUD are permitted in Commercial Convenience (C-2) and Commercial Intermediate (C-3) districts. Group Housing Facilities, including ALFs are a permitted use in all commercial zoning districts (C-1 through C- 5). Because an ALF is generally a less intense use than many of the permitted uses in the PUD and because ALFs are permitted in all commercial zoning districts, it is the determination of the Planning Manager that the use of Assisted Living Facility is comparable and compatible to the other permitted uses in Tract B of the Micelli PUD. Please note that this determination requires affirmation by the Hearing Examiner. You will be notified of the hearing date. Please be advised that the information presented in this verification letter is based on the LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances. Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.cottiergov.net Exhibit A Page 2 of 2 Should you require further information or have any questions, please do not hesitate to contact me at(239)252-4211 or fredreischl @colliergov.net. Researched and prepared by: Reviewed by: Freischl, AICP, Principal Planner Raym V. Bellows, Zoning Manager Planning &Zoning Planning &Zoning cc: Anis Moxam,Addressing Laurie Beard,PUD Monitoring AGENDA ITEM 4-E Cote r Count STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION HEARING: FEBRUARY 26, 2015 SUBJECT: ZVL(CUD)-PL20140002784, MICELI PUD PROPERTY OWNER/APPLICANT/AGENT: Owner: McGuire Florida Holdings LLC 560 Delaware Avenue, Suite 300 Buffalo,NY 14202 Applicant: Autumn Blossoms, LLC 1010 5th Avenue South, Suite 302 Naples, FL 34102 Agent: Tim Hancock,AICP Stantec Consulting Services 3200 Bailey Lane, Suite 200 Naples, Fl 34105 REQUESTED ACTION: The Applicant wishes to have the Collier County Hearing Examiner (HEX) affirm a determination by the Planning Manager that the proposed use of Group Housing—Assisted Living Facility within Tract B of the Miceli PUD is comparable and compatible to the other permitted uses. GEOGRAPHIC LOCATION: The subject site is 8.7± acres, lying on the south side of Tamiami Trail East (US 41) approximately 200 feet north of Raintree Lane. ZVL(CUD)-PL20140002784 Page 1 of 4 Miceli PUD f o/N EXHIBIT SURROUNDING LAND USE& ZONING: Northeast: Tamiami Trail East (US 41) ROW, across which are commercial buildings; zoned C-4 Southeast: Commercial building; zoned C-4 Southwest: Tract A(residential)of the Miceli PUD Northwest: Stormwater pond; zoned C-4 411/fr' le a 4 I. \ i ,C‘' IN . ,,,, ,. . A. ,s401 •• ,z:, ' 4 4- b} 1. pi. y 4i ..,.:'1", l'e' '.'•• "'■'' ' '.. 441;4dt% '''• 4t • Miceli PUD .1;, ', '' *14:41 ., i : • ' , .�'�` n Ae.A .0.04, Aerial Photo (CCPA) PURPOSE/DESCRIPTION OF PROJECT: The Applicant wishes to construct an Assisted Living Facility (ALF) on the commercial tract (Tract B) of the Miceli PUD. An ALF is not specifically listed as a permitted use, however, Section 3.02.A.21 of the PUD states "any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the district." The applicant requested a Zoning Verification Letter (ZVL) from the Planning Manager. This hearing is to seek affirmation of that opinion by the HEX. ZVL(CUD)-PL20140002784 Page 2 of 4 Miceli PUD I ANALYSIS: The applicant has provided evidence that a majority of the uses in Tract B of the PUD are permitted in Commercial Convenience (C-2) and Commercial Intermediate (C-3) districts. Group Housing Facilities, including ALFs are a permitted use in all commercial zoning districts(C-1 through C-5). Because an ALF is generally a less intense use than many of the permitted uses in the PUD and because ALFs are permitted in all commercial zoning districts, the Planning Manager determined that the use of Assisted Living Facility is comparable and compatible to the other permitted uses in Tract B of the Miceli PUD. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for Petition ZVL(CUD)- PL201400002784 on February 11, 2015. SAS STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner affirm the opinion of the Zoning Manager that the use of Group Housing — Assisted Living Facility, is comparable and compatible to other permitted uses in Tract B of the Miceli PUD. Attachments: A. Zoning Verification Letter. B. Miceli PUD C. Application ZVL(CUD)-PL20140002784 Page 3 of 4 Miceli PUD PREPARED BY: FRED REISCIII_. AICP DATE PRINCIPAL PLANNER REVIEWED BY: �l • _.�. ..- 2 - 10• I; RAYMO►1 V. BELLOWS DATE ZONING ANAGER MICHAEL BOSI, AICP,DIRECTOR DATE PLANNING AND ZONING DEPARTMENT ZVL(CUD)-PL20140002784 Page 4 of 4 Miceli PUD �t?HHty Growth Management Division Planning &Zoning January 6, 2015 Tim Hancock, AICP Stantec Consulting Services, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Re: Zoning Verification Letter ZVL(CUD)-PL20140002784; 11150 Tamiami Trail East, Micelli PUD, Collier County, Florida, Folio Number 00439000008 Dear Mr. Hancock: Thank you for your request for a Comparable Use Determination. The subject property is zoned Planned Unit Development(Micelli PUD). You requested a determination that an Assisted Living Facility (ALF) is a permitted use in the Micelli PUD. The Micelli PUD does not specifically permit the use of an ALF, however, Section 3.02.B.21 of the PUD states"any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the district." You have provided evidence that a majority of the uses in Tract B of the PUD are permitted in Commercial Convenience (C-2) and Commercial Intermediate (C-3) districts. Group Housing Facilities, including ALFs are a permitted use in all commercial zoning districts (C-1 through C- 5). Because an ALF is generally a less intense use than many of the permitted uses in the PUD and because ALFs are permitted in all commercial zoning districts, it is the determination of the Planning Manager that the use of Assisted Living Facility is comparable and compatible to the other permitted uses in Tract B of the Micelli PUD. Please note that this determination requires affirmation by the Hearing Examiner. You will be notified of the hearing date. Please be advised that the information presented in this verification letter is based on the LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s)to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances, Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.collfergov.net Should you require further information or have any questions, please do not hesitate to contact me at(239)252-4211 or fredreischl©c olliergov.net. Researched and prepared by: Reviewed by: Frdd eischl, AICP, Principal Planner Raym d V. Bellows, Zoning Manager Planning &Zoning Planning & Zoning cc: Anis Moxam,Addressing Laurie Beard,PUD Monitoring Stantec Consulting Services Inc. Stantec 3200 Bailey Lane,Suite 200,Naples FL 34105 December 4,2014 File:215612223 Attention: Intake Planner Collier County Growth Management Division Planning and Regulation 2800 N. Horseshoe Drive Naples, FL 34104 Reference: Autumn Blossoms ALF Facility, Parcel No.00439000008 Comparable Use Determination Application Dear Intake Planner, Pursuant to Section 10.03.00 A and 10.02.06 J of the Land Development Code (LDC), please find enclosed the following items for your staff review and approval for the subject Project: 1. One check in the amount of$1,925 made payable to Board of County Commissioners for the required/applicable Comparable Use Determination review fees and the estimated required Legal Advertising Fee for the office of the Hearing Examiner; 2. Two copies of the Comparable Use Determination Application; 3. Two copies of the Determination Request and Justification for the Proposed Use; 4, Two copies of the PUD Ordinance and Development Commitment Information; and 5. One copy of the documents on CDROM in pdf format. The requirement for a pre-application conference was waived in a teleconference with Ray Bellows on November 7, 2014. We trust that the above information, enclosed plans and documents are sufficient for staff review and approval. If you should have any questions or need any additional information, please contact me. Sincerely, STANTEC CONSULTING SERVICES INC. g+1‘ Tim Hancock Senior Associate Phone: (239) 649-4040 x 6413 Tim.Hancock@stantec.com • Attachment: See above hs v:\2156\active\215612223 autumn blossoms sl,e analysis\planning\compaioble use determination application\Itr inlake_planner.docx r Co er County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.cofiereov.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 APPLICANT CONTACT INFORMATION Name of Applicant(s): Autumn Blossoms, LLC Address: 1010 5th Avenue South, #302 City: Naples State: Florida zip: 34102 Telephone: Cell: Fax: E-Mail Address: tomreed @comcast.net • Name of Agent: Tim Hancock, AICP Firm: Stantec Consulting Services Inc. Address: 3200 Bailey Lane, Suite 200 City: Naples State: Florida ZIP: 34105 Telephone: Cell:Cell: Fax: 239-643-5716 E-Mail Address: tim.hancock @stantec.com PROPERTY INFORMATION , Site Address: 11150 Tamiami Trail East Folio Number: 00439000008 Property Owners Name: Platinum Coast Financial Corporation DETERMINATION REQUEST 1 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 Assisted Living Facility is comparable and compatible with the permitted uses in the CamnePe'wr"°°°'""c.14 PUD or in the Straight Zoning District." 9/25/2014 Page 1 of 2 Co er County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 3 G.6 of the Administrative Code for submittal requirements. The following items are to be submitted with the application packet. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application (download current form from County © ❑ website) Determination request and the justification for the use Ell P Ei UD Ordinance and Development Commitment information Electronic Copies of all documents *Please advise: The Office of the Hearing Examiner requires all o © ❑ 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: C 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. C 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 ;24ar...."7 Applicant Signature Date /ife%r►.A r t i l�t' 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 Stantec EXHIBIT A Determination Request and Justification for the Proposed Use November 7,2014 Request As shown on the attached survey (Exhibit B), the subject property is approximately±8.63 acres in size and consists of two parcels. The parcel fronting US 41 is +/- 2.75 acres in size and is the subject of this request for comparable use determination. Autumn Blossoms, LLC is seeking to locate and construct an assisted living facility on the subject parcel and wishes to determine the suitability of the site for this use. The property is currently zoned PUD, or Planned Unit Development. Approved September 1, 1992, Ordinance 92-62 (attached as Exhibit D) was a result of a 'downzoning' of the property from a previous residential density of 10.2 units per acre (60 units total) for the rear portion of the property (5.88 ac) while the 2.75 acres fronting US 41 retained the existing commercial zoning due to prior development. • \ ) 'T):,rt/ w n d U Aftrrrt �s.t Ac7 ' �, � ` 4 , ✓sAcr !- coortluot r 2.1 Mug% " t •• Tofu s.7 Macs s � • 'ANS ; ✓ 41111M, • r t I . r ' a v r` t• ; awe moat i _ Approved Master Concept Plan (Ordinance 92-62) The commercial area (Tract B as shown on the PUD Master Plan) is currently zoned for uses consistent with Intermediate Commercial zoning and are detailed in the attached PUD Document. The uses are typical of retail zoning located along major roadways in Collier County. The purpose of this request is to obtain a determination that an ALF is deemed a comparable use and therefore permitted within Tract B of the Miceli PUD. Currently, ALF's are not listed as a permitted use within the PUD. The commercial portion of the PUD under Section 3.02.21 allows for 'Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in • Cdr Stantec I the district." This language permits the land owner to request a comparable use determination for uses not specifically listed in the PUD. Justification The Autumn Blossoms ALF development model is to construct 4 separate multi-story building complexes,each containing two identical housing units connected by a common hall or access corridor on the 2nd and 3rd floors. Each housing unit is designed to accommodate 12 to 15 group housing residents, and each housing unit has a single kitchen facility. Additionally, the ground floor of each unit has 3 living suites with no kitchen facilities. These suites are for staff housing and guests and are typically used on a periodic basis. The first phase of the project will include one or two of the ALF buildings located wholly within Tract B, subject to this comparable use determination. ALF's are classified in Collier County as 'community facility' use and as such are permitted in a wide range of land use designations and zoning categories, including CF, as well as all commercial zoning districts ranging from C-1 to C-5. ALF's are also permitted as Conditional Uses in many residential zoning categories. This is likely due to the quasi-residential/commercial nature of an ALF. By nature of their operation, they are commercial yet they provide a residential type of service. They are historically low impact facilities with minimal traffic generation and off-site impacts that are consistent with low density residential developments. Most ALF's are internally oriented and as such are good neighbors when mixed with either residential or commercial uses. Attached as Exhibit C is a table containing all permitted land uses contained in Ordinance 92- 62, the Miceli PUD. The listing of uses in 1992 pre-dates the use of SIC codes. Therefore,each use was researched and the closest matching SIC code has been provided, along with the corresponding straight-zoning category that allows the use. As can be seen from the table, the permitted uses within the Miceli PUD contain mostly uses that are consistent with the C-1, C-2 and C-3 zoning categories in addition to a few uses that are allowed in C-4, C-5, Industrial or Business Park zoning. Based on the permitted uses, it is reasonable to consider Tract B as being consistent with the straight zoning category of either C-2 or C-3. Since both of these zoning categories permit Assisted Living Facilities, it would appear that the use itself is consistent with those currently permitted. Looking beyond consistency with permitted uses alone, the surrounding zoning categories and dominant land uses adjacent to tract B are listed below: North: C-4 zoning. A stormwater pond for US 41 is located within the C-4 zoned parcel. East: ROW and C-4 zoning. Immediately east is US 41 and lying across 41 is developed C-4 property. South:C-4 zoning. The land is developed with commercial uses. • Design with community in mina Stantec • West: PUD zoning. Tract A of the Miceli PUD lies immediately to the west, designated for multi- family development. Summary Tract B within the Miceli PUD is zoned for commercial uses, bounded by commercial uses on 2 sides and a 6-lane US highway on the third. The relatively low impact of an AFL facility would fit within the existing permitted uses under C-1, C-2 or C-3 zoning and presents no recognizable adverse impacts to adjacent properties above and beyond what is currently permissible. The information provided supports a comparable use determination, allowing an ALF use as being 'comparable in nature' as allowed for in Ordinance 92-62. • Design with community in mind S Stantec • EXHIBIT B SURVEY • • Design with community in mind 1 j• _ 1,f ..r[ i is rjj ,./t, = E s ' ' • • : is i1 l3 N 'a •n S ` i (• , v "t v Yil II ' iiiii k r 1 r a -3 l 7 “:1:11 . , f f 2- a.f G i {-;'tSr - lF ,� +� Z • r !f sB= 4 a Ye Ie ,a. ,tl i a i f d is • ii l° s ' i4 t e•- SY r. 1 ;s itiz9fCe� iY it y:". f•� '4 4, 1 z i , ,r: FfF te`Y3tl Q{ isr� E'r` '.• t -0,•:'...,,, s C ,. VI, a § t l f! f G W 4 tli / ii 9,►r i,.2 . I. 3r3 ti. • t.. r.j� Mr i•'�d el {• _ • # ¢.:.pS:atia :1 ki •71 : § ! W Wit: o C iitil ��"‘!„,....>.'„:-...„..\\ , i i ti 1 ■ ` .'' �'x� l7 pLT F tl •i �r fi ` 1 \ I t:4 ' fr ` s, I ti Y L -4•• - i . r . s ! f ;zf.4 . fp s rj'e\ 1c lr �rE 1 t - °4k .x G '' rat i ee tri+ `p e •I! f_ ling •' __ _ . . . . ot , 1■ b i ilff _t i 1!,m -- - — —7 — _ .. .4,i„•te r 7rR •eF"7` y , r c rs-. .err."' 7.1.; ' • R••.°� R, ,1VM1 3?t'y'1Lr. I•� — — _ i _ i( !'Y 3. 1;°z' i—ad Lava ' i; ra # 011, Stantec • EXHIBIT C TABLE OF PERMITTED LAND USES • • Design with community in mind 5 Stantec • Electrical supply stores 5722 C-3 46 Existing nursery 5261 C-3 79 Fish market-retail only 5421 C-3 35 Florist shops 5992 C-3 80 Food markets 5411 C-2 28 Fraternal and social clubs 8641 C-1 Conditional Use#5 Furniture stores 5712 C-3 44 Garden supply stores-outside display 5261 C-3 79 inside and rear yards Gift shops 5947 C-2 61 Glass\mirror sales 5231 C-2 33 1 Gourmet shops 5499 C-3 35 Hardware Stores 5251 C-2 35 Health Food stores 5499 C-3 35 Ice Cream stores 5812 C-2 24 Interior decorating show rooms 5719 C-2 37 Jewelry stores 5944 C-2 61 Laundries-self service 7215 C-2 41 Leather goods 5948 C-2 61 Liquor stores 5921 C-3 80 Locksmiths 7699 C-3 78 Markets-food 5411 C-2 28 Markets-meat 5421 C-2 28 Medical offices and clinics 8011 C-1 21 Millinery shops 2353 Industrial 1.a.2. or Business Park District (BP) Music stores 5735 C-2 58 Office-general N\A C-1 Office supply stores 5112 Paint\Wallpaper stores 5231 C-2 48,72 Pet shops 5999 C-3 80 Pet Supply shops 5999 C-3 80 Photographic equipment stores 5946 C-2 61 Pottery stores 5999 C-3 80 L9shgn with t_c ,-rr,.,i..a, in--•u, ; • 5i. Stantec Printing 7334 • C-2 50 Private clubs 7997 C-3 Conditional Membership Use#16 sports and recreational clubs, indoor Professional offices N\A C-1 Publishing 1Mimeograph services shops 2721 C-5 126 Radio\TV sales and service - 5731 C-2 55 ✓ Research and design labs 8734 C-4 119 Restaurants-including drive-in or fast 5812 C-2 24 C-3 CU 19>6000 food _ sf Shoe Repair 7251 C-i 36 Shoe stores - 5661 C-2 4 Souvenir stores 5947 C-2 61 Stationary stores 5943 C-2 61 Tailor shops 7219 C-4 7 Tile sales-ceramic tile 5713 C-2 37 Toy shops 5945 C-2 61 Tropical fish stores 5999 C-3 80 • Upholstery shops 5714 C-2 37 Variety shops 5331 C-2 32 Veterinarian offices\clinics-no outside 0742 C-1 Conditional kennels Use#15 Waste water treatment facilities 4952 Industrial Conditional District Use #5 Watch\precision instrument repair 7631 C-2 60 shops • Design with community in mind Stantec • EXHIBIT D ORDINANCE 92-62 • Design with community in mind • • ORDINANCE 92-a I AN ORDINANCE AMENDING ORDINANCE NUMBER,1 lb </ 91-102, THE COLLIER COUNTY LAND DEVELOPMENT 1, <‘‘ CODE WHICH ESTABLISHES THE COMPREHENSIVE 9A r' C? ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY 1 �-` AMENDING THE OFFICIAL ZONING ATLAS MAP o„ NUMBER 0629N; BY CHANGING THE ZONING ay �t'/ 011 9104, CLASSIFICATION OF THE HEREIN DESCRIBED REAL b�. 1 PROPERTY FROM "PUD" TO "Pt;D", PLANNED UNIT '" 4' { DEVELOPMENT, KNOWN AS MICELI PUD, FOR A / 'a it ' . MIXED USE COMPLEX (MIXED USES INCLUDING 4 46% 14 COMMERCIAL AND RESIDENTIAL), FOR PROPERTY litho�$ v LOCATED ON THE SOUTH SIDE OF US-41 EAST AND 200 FEET NORTH OF RAINTREE LANE, LYING IN i, SECTION 29, TOWNSHIP SO SOUTH, RANCE 26 '4,,,,._ .t. EAST, COLLIER COUNTY, FLORIDA, CONSISTING .ct2Ll OF i.7 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the residential portion of the Miceli Planned Unit Development (PUD), which permits 60 dwelling units at a density )' , of 10.2 units per acre, has been found to be inconsistent with 'r the Density Rating System contained in the Future Land Use Element of the Growth Management Plan; WHEREAS, the Collier County Growth Planning Department petitioned the Board of County Commissioners to change the zoning classification of the herein described real property to 1 be consistent with the Future Land Use Element of the Growth �. Management Plan; it NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY e:�r COMMISSIONERS OF COLLIER COUNTY, FLORIDA; " $ECTZON ONE! J.• IF The Zoning Classification of the herein described real �k property located in Section 29, Township SD South, Range 26 Last, Collier County', Florida, is changed from "PUD" to "PUD", r P. Planned Unit Development, in accordance with the PUD document Iattached hereto as Exhibit "A" which is incorporated herein and fkr, by referents made part hereof. The Official Zoning Atlas Map Number 0629N, as described in Ordinance Number 91-102, is hereby A£ amended accordingly. x, IMX 75PACI 01 IL.' . . . ,.-i4 f `'": SECTION TMOr i t4-4; Number 84-71, known as the Miceli PUD, adopted on , ;l 4 October 2, 1984 by the Board. of County Commissioners of Collier ICounty, Florida, is hereby repealed in its entirety. SECTION THREE: 1 This Ordinance shall become effective upon receipt of . inotice from the Secretary of State that this Ordinance has been I filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this /S'day of • 1 , 1992. ;�► ltll;illb , AVM?: " ' BOARD 07 COUNTY CO>OSISBIOWERB 0AKZS C. CL , Clerk CO C/UNTYI FLORIDA 45 BY: 1 ..til.")t-4.-6))1".\d 4+ ,: ;'`7 MICHAEL S. VQLPZ, Chairman L% Ot . ,??,' ':.,t>.,.: Apif moll Ar�i to form and , " .legal sufficiency , i tan K. Stud rent Ass s t County Attorney MN ordinance filed with the 4 s; IIICELIPUD of Sr e`s ifF�.4,t�a !� 17 ," and molt •f that � r fill . . ,,... 0 day �'1 of _ .s. Aar a■•• o.+ L • 4 r I 0.':. r 2 :. 2 aooX 055 PAGE 02 f : . . ..„.,... . fq •. ,,,r . . , , . . 1111110 •. • ei [ • . tr.. e. • ,• • i '':':"0"*' • . . o....4„. ',V ,•:"' ''..1, . • ......, 4y,.1::, :J• • PLANNED UNIT DEVELOPMENT DOCUMENT J. FOR •:1 . MICHAEL .7. MICELI, TRUSTEE . -op • o4,i, ,.*: . ' I rri t,k• . PREPARED BY WAFAA F. ASSAAD, A.I.C.P. AGNOLI, ASSAAD, BARBER, BRUNDAGE i SHANNON, INC. • ENGINEERS, PLANNERS & LAND SURVEYORS 7400 Tamiami Trail North Naples, Florida 33963 s. 14,,4■ : . ... .. . ,,„... 1 ,' 40- ":-...",:11 • .,.. • Date Issued: September 20, 1984 I V17*. REVISED JUNE 22, 1992 BY THE COLLIER COUNTY GROWTH PLANNING DEPARTMENT ',.. . . ,,. BOOK 055, a 03 ... til- . • - . r.. 4 . EXHIBIT "A" .f. -- , . .. . '. I - ..„.. RI I..; . , "4.. , . ot • ,.•:% • :7,. A; IIIIIE2LLIAIDZDLIM11121 , . , .. . . ,..!, , ':',0 , ;,.... SECTION I GENERAL DEVELOPMENT INFORMATION 1-1 -16. SECT/ON II MULTI-FAMILY RESIDENTIAL/TRACT "A* 2-1 , . SECTION III COMMERCIAL/TRACT "B" 3-1 SECTION IV DEVELOPMENT COMMITMENTS 4-1 1 : . EXHIBIT PRELIMINARY P.D.D. MASTER PLAN (Prepared by Agno11, Assaad, Barber, Brundage and Shannon, Inc, File No. 223) TA I r *, . ft 1 ..i...: / . I i. •.. e ..-:. -1.• ... AP • :....-.., N i . . r 4 •,,, . - t -ti 111 7 ! soot 055u t 04 ,. • . i . 3 . 1 , 1 ......_ ......... .. . ..—,_.......— ..,_.............__, . . lkr • OM M • . 4111 . 0/1 SECTION 1 GENERAL DEVELOPMENT INFORMATION j tie s 1.01 INTRODUCTION AND PURPOS$ It is the intent of Michael .7. Miceli, Trustee, , hereinafter called "applicant" or "developer", to f. establish and develop a Planned Unit Development (PUD) on ;j�ay`y certain properties located in Collier County, Florida. %7 � :i 1.02 SHORT TITLE ;t This Ordinance/PUD document shall be known and cited as The Miceli PUD. 1 4i 1.03 UNIFIED CONTROL Subject property is currently under the unified control of the Applicant/Developer. i ;LLr' 1.04 =MERAL DESCRIP'TIO'N ! ' Subject property is approximately 8.7 acres and is ! located on the East Tamiami Trail (U.S. 41). It is the intent of the Developer to provide a multiple family residential development to be either rented or rented with the Option to purchase, and also to provide a commercial complex as shown on the Master Plan, A home owner's association shall be created to provide, among other things, for the ownership and the maintenance of the common elements. 1.05 PERMITTED NUMBER OF DWELLING _UNITS The maximum number of dwelling units to be built on Tract "A" of this property is seventeen (17). • '- 1.06 =GAL DESCRIPTION [ ;t A tract or parcel of land lying in the North half (N 1/2) of Section 29, Township 50 South, Range 26 East, which tract or parcel is described as follows; . From the northeasterly corner of Block "D" of Unit No. 1, Myrtle Cove Acres, according to a plat thereof recorded in Plat Book 3, at Page 38, Public Records of Collier County, Florida; run North 39'-04' West for 247.15 feet along a line 150 feet, measured on a perpendicular, from and parallel to the center line of the Tamiami Trail (State Road No. 90), the point of beginning of the lands hereby conveyed. From said point of beginning run South 50'-56' West for 300 feet along a line parallel to the northerly line of Lot 9 of said. Block 'D" of Unit No. 1, Myrtle Cove Acres to the corner of the north line of said Unit No. 1, Myrtle Cove Acres, common to Lots 9 and 10 of Block "0" of said Unit Ho. 1, Myrtle Cove Acres/ thence run North 89'-35" West for 961.97 feet along the south t line of said North half of Section 29 and the north line of said Unit No. 1, Myrtle Cove Acres to a point 30 feet ' * SO K 055►►cc 05 411/ .. 1-1 , • :a• • from the southwest corner of said North halt of Section 29: thence run northerly along a line 30 fest from and parallel to the west line of said North halt of Section 29 for 301.99 feet: thence run South 09'-35 East for 694.76 feet on a line parallel to the south line of said North half of Section 29 and the north line of said Unit No. 1, Myrtle Cove Acres: thence run North 50'•56' East for 300 feet along a line parallel to the northerly line of Lot 9 of Block "D" of said Unit No. 1, Myrtle Cove Acres, to an intersection with a line 150 feet, measured on a perpendicular, from and parallel to the canter line of the Tamiami Trail (State Road No. 90)s thence run South 39'-04' East along said parallel line for 400 feet to the point of beginning. ' 1.07 OTA?EMENT OF COMPLIANCZ i t:. The Miceli Planned Unit Development is consistent with s the Collier County Growth Management Plan for the following reasons: A. The project sits is designated Urban Coastal Fringe on the Future Land Use Map and in the Future Land Use Element. Properties designated Urban Coastal Fringe are permitted a base density of up to 4 units par acre. The property is in the Traffic Congestion Area, as designated on the Future Land Use Map and in the Future Land Use Element, resulting in the subtraction of 1 unit/acre yielding an adjusted base density of 3 units ,per acre (from 4 units/acre to 3 units/acre). Interconnection with adjacent properties is not appropriate. No other provisions of the Density Rating System to add or subtract density are applicable. The residential uses in -. this PUD are permitted in the Urban Coastal Fringe and the density of 3.0 units per acre conforms to • the Density Rating System contained in the Future Land Use Element. The commercial uses are permitted via Policy 3.9 of the Future Land Use Element as the commercial portion of this PUD is improved. B. The project is compatible with surrounding land uses as required by Policy 5.4 of the Future Land Use Element. f .-41S ',' :ii 'I 7. . =t L i. r :. �x10"{ �, .fiL ,S' ea„, r55 sac[ 0 . 1-2 ',ti4 Y I MI 1111/ 111111 SECTION II MULTI-FAMILY RESIDENTIAL/TRACT "A" r # if . F.(4: 2.01 20221Z�ds. The purpose of this Section is to set forth the "i' regulations for the areas designated on the Master Plan as Multi-Family Residential/Tract "A". 2.02 MAXIMUM DWELLING UNITS A maximum of seventeen (17) dwelling units may be v. constructed in all of the Multi-Family Residential/Tract "AN.' 2.03 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. permitted Principal Uses and Structures: 1. Multi-family dwellings (conventional or modular). i 2. Interim treatment plant: existing nursery. 3. Lakes and water management facilities. B. permitted Accessory Uses and Structures: j 1. Customary accessory uses and structures. 2. Signs as permitted by the Collier County Sign Code in effect at the time sign permits and/or • building permits are requested. 3. Model homes/apartments shall be permitted in conjunction with the promotion of the development. Such model homes shall be permitted for a period of one (1) year from the initial use as a model. The Development Services Director may authorize the extension of such use upon written request and justification. 2.04 PROPERTY DEVELOPMENT REGULATIONg 2.04.01 =ZEAL: P. All yards, setbacks, etc. shall be applied in relation to the tract boundaries. r 2.04.02 j¢NIMUM SETBACKS: From tract boundaries: one half of principal bounding height with a minimum distance of twenty five (25) feet. Distance between any two principal structures: fifteen (15) feet or a distance equal to one half (1/2) the sum of their heights, whichever is greater. 2.04.03 MAXIMUM BUILDINL HEIGHT: ^ Two (2) habitable/living stories above parking. a .fir, Io M (65,g4 07 2-1 a f ....................... r OM 11111 MB 2.04.04 samImum FLOOR AREAL 650 Square Feet. 2.04.05 MINIMUM OFF-STREET PARXINGt As may be permitted or required by the applicable Collier County Zoning Code in effect at the time any development order (e.g. Site Development Plan) is requested. 2.04.06 111.01 As may be permitted or required by the applicable Collier County Sign Code in effect at the time a sign permit and/or building permit is requested. e t44 . .t° 1s • t Y t....., ij: . ,t :., a;, ,,... ., ..t .. Y :.. ..... 11F' "+�4,,; t.. .., ,....„ . .,0 S00% 055 PAGE Q$ t • 7 2-2 • SECTION III di COMMERCIAL/TRACT "8" 3.01 ptSPOSb The purpose of this Section is to sat forth the regulations for the areas designated on the Master Plan as Commercial/Tract "a". 3.02 pE(T T!D US _s xD STR Cr'inz a No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. permitted Principal Uses and Structures: • 1. Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; awning shops. 2. Bakery shops; banks and financial institutions; • barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; business machine services. 3. Carpet and floor covering sales - which may include storage and installation; child care centers; clothing stores; cocktail lounges - subject to locational requirements of Section 2.6.10 of the Land Development Code; commercial recreation uses - indoor; confectionery and candy stores. 1. Delicatessens; drug stores; dry cleaning shops, 4 dry goods stores; and drapery shops. < E. 5. Electrical supply stores; existing nursery. 6. Fish market - retail only; florist shops; food markets; fraternal and social clubs - subject to locational requirements of Section 2.6.10 of the Land Development Code; furniture stores. e1 7. Garden supply stores - outside display in side and rear yards; gift shops; glass and mirror sales: gourmet shops. S. Hardware stores; health food stores. 9. Ice cream stores; interior decorating show rooms. 10. Jewelry stores. 11. Laundries - self service only; leather goods; liquor stores; locksmiths. 12. Markets - food; markets - meat: medical offices and clinics; millinery shops; music stores. 13. Office - general; office supply stores. box IJ55PAGE 09 41i, 3-1 - - 14. Paint and wallpaper stores: pet shops, pet supply shops: photographic equipment stores; pottery stores: printing, publishing and mimeograph service shops; private clubs - subject to locational requirements of Section 2.6.10 of the Land Development Code: professional offices. 15. Radio and television sales and services; research and design labs: restaurants - including drive-in or fast food restaurants - subject to locational requirements of Section 2.6.10 of the Land Development Code. 16. Shoe repair; shoe stores; souvenir stores; stationary stores. 17. Tailor shops; tile sales - ceramic tile; tobacco • shops;_toy shops; tropical fish stores. 18. Upholstery shops. 19. Variety shops: veterinarian offices and clinics - no outside kennels. 20. Watch and precision instrument repair shops: waste water treatment facilities. 21. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the district. II. Permitted Pr ncinal Uses and Structures Recuirina jilts plan Acproval 1. Permitted uses with less than 1,000 square fest gross floor area in the principal structure. C. permitted Acc aaary yaes and_Structurea 1. Accessory uses and structures customarily associated with the uses permitted in this district. 2. Caretaker's residence. 3. Signs as permitted by the Collier County Sign Code in effect at the time sign permits and/or building permits are requested. 3.03 p2OPERTY DEVELOPMENT REGULATIONS 3.03.01 =$AL: All yards, setbacks, etc., shall be in relation to the tract boundaries. 3.03.02 : From tract boundaries, one-halt (1/2) of principal building height with a minimum of Front (U.S. 41) 25 Feet eooK 055 PAGE 10 3-2 M'r ".,ye 111.1 11111 f . z 1110 ' Side None, or a minimum of Live (5) feet with unobstructed passage from front • to rear yard. Rear 25 Feet Distance between any two principal structures: Ten (10) feet. 3.03.03 MINIMUSZ'PLAOR AREA OP PRINCIPAL STRUCTURE: One thousand (1,000) square feet per building on ground floor. 3.03.04 MAXIMUM HEIGHT OP STRUCTURES: Fifty (50) feet. 3.03.05 MINIMUM OPT-STREET PARKING: As may be permitted or required by the applicable Collier County Zoning Code in effect at the time any development order (e.g. Site Development Plan) is requested. 3.03.06 HIGHS As may be permitted by the applicable Collier County Sign Code in effect at the time a sign permit and/or building permit is requested. 3.03.07 SPECIAL PROPF TY DEVELOPMENT REGULATIONS: A. Landscaping, buffer area■ and supplementary district zoning regulations that may be applicable to certain uses above shall be adhered to unless in conflict with any of the intent or the provisions specified herein. B. Merchandise storage and display. Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. 1 • 7 a '1. BOOK 055 PAGE 1.1 $ ' '( . 3-3 email SECTION IV DEVELOPMENT COMMITMENTS 11 4.01 SSE The purpose of this Section is to set forth the general standards and commitments for development of the project. 4.02 BCCESB/TRA!?IQ - ' A. Subject to !DOT approval, the developer shall provide 1 left and right turn lanes on Us-41 at the project entrance. B. The developer shall provide arterial level street lighting at th' coject entrance. The operating and maintenance costs of the units shall be assumed by Collier County at such time as a street light system is established along this section of US-41. C. Primary access shall be from U.S. 41. D. Internal road systems are intended to be private. E. A bike path shall be provided along US-41 along the front of the property. Y. A bike path shall be provided from the western end of the residential tract to US-41. C. Access through Lots 1 i 2 of Block 0 of Myrtle Cove Acres subdivision to the south is prohibited. i 4.03 DEZZLQIEEELplad • �Ky A. The proposed Master Plan illustrates the tentative development, uses and locations of certain • * facilities. B. The design criteria and layout illustrated on the • Master Plan shall be understood as flexible so that the final design may best satisfy the project and comply with all applicable requirements. C. Minor design changes, such as but not limited to, location■ of buildings, distribution of dwelling units, building types, eta., shall be permitted subject to the staff approval. D. The size of the commercial facilities may be increased over that shown on the Master Plan provided that other applicable development regulations, such as parking setbacks, eta., are set. 4:04 ; The development shall comply with applicable codes and regulations. 4.05 ZNVIRONMENTAL CONSIDERATIONg A. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping eooIt C55pAcr 12 4-1 4. design. A landscaping plan viii be submitted to • „� Project Review Services staff for their review and • approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the ,recreation of native vegetation and habitat characteristics lost on the site during construction or due to past activities as much as practically and economically feasible. S. All exotic plants, as defined in the Land Development Code, shall be removed during each phase of construction from development areas and open space areas. relieving site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by Project Review Services staff. 4.06 WATER MANAGEMENT A. Detailed site drainage plans shall be submitted to the Development Services Director for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Development Services Director. D. An Excavation Permit will be required for the proposed lakes in accordance with the Collier County Excavation Regulations. C. The developer shall provide a 50 foot wide drainage easement to encompass the relocated outfall Swale along the north and vest boundaries of the project. D. The developer shall provide a 50 foot side drainage easement to encompass the relocated outfall evale at the northvest corner of Lot 1, Myrtle Cove Acres. E. The developer shall provide a 10 foot side minimum drainage easement along the entire south property line bordering Myrtle Cove Acres. F. The developer shall clean out the existing ditch along the project southerly boundary line. 4.07 =ILL= A. Central water distribution and sewage collection and • transmission systems will be constructed throughout the project development by the developer pursuant to all currant requirements of Collier County and the State of Tlorida. The proposed water and sever facilities will be constructed within easements to be dedicated to the County for utility purposes or within platted rights-of-way. Upon complftion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's minimum requirements at which time they will be dedicated to the County pursuant to appropriate County Ordinances and Regulations in effect at the time dedication is requested, prior to being placed into service. dog 055 Ft61 1a 7 4-2 B. All construction plans and technical specifications and proposed plats, if applicable, for the proposed 11. and distribution and sewage collection and transmission facilities must be reviewed and approved.by the Utilities Division prior to commencement of construction. C. All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with a rate structure and service agreement approved by the County. Review of the proposed rates and subsequent approval by the Board of County Commissioners must be completed prior to • activation of the water and sewer facilities servicing the project. Rate reviews must be in full • compliance with County Ordinances No. 76-71 and 83-18 as amended, revised or superseded. D. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. E. An Agreement shall be entered into between the County and the owner, legally acceptable to the County, stating that: 1. The proposed water supply and on-site treatment facilities and/or on-site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim: they shall be constructed to State and Federal standards and 41/1 are to be owned, operated and maintained by the owner, his assigns, or successors until such time as the County's Central Water Facilities and/or Central Sewer Facilities are available to service the project. Prior to placing the water treatment, supply and distribution and/or sewage collection, transmission and treatment facilities into service the developer shall submit, to the County (Utility Rate Regulating Board) for their review and approval, a schedule of the rates to be charged for providing processed water and/or sewage treatment to the project area. 2. Upon connection to the County's Central Water Facilities, and/or Central Sewer facilities, the owner, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida Standards. All work related with this activity shall be performed at no cost to the County. gooK C1J PALE M1 4-3 • - . 3. Connection to the County's Central Water and/or Sewer Facilities will be made by the owners, their assigns or successors at no cost to the County within 90 days after such facilities become available. 4. All construction plans and technical specifications related to connections to the County's Central Water and/or Sewer Facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction'. S. The owners, their assigns or successors shall agree to pay all applicable system development charges at the time that Building Permits are j required, pursuant to appropriate County 1! Ordinances and Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. 6. The County at its option may lease for operation and maintenance the water distribution and/or ' sewage collection and transmission system to the project owner or his assigns for the sum of $10.0D per year. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment facilities. F. Data required under County Ordinance No. 80-112 shoving the availability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to ba utilized, upon receipt thereof. G. If an interim on-site water supply, treatment and transmission facility is utilized to serve the proposed project, it lust be properly sized to supply average and peak day domestic demand, in addition to fire flow demand at a rate approved by th appropriate Fire Control District servicing the project area. • 4. r _ 1 v moos 055►Act 15 4-4 4! • .A4`fait''ot + /4i4 t +4.►}••S.d.I' '''. . •.•' 1,'I..r•.. �w'•r... •.. y + . N'+1'L• - , •A'T]��!1{��lj('fI�YYi+M., •f,M+ • IF• • } It`v I . " - 4,. i•2 7i}..{r!4+: h•',$:0, • . . •+ + • l+ 111 1 ` n ' t ! w � � ' +. I •.Y • si •,� .,a 7: 4i:41. 'r te,.it 1 1.i. 1:4Xtairi...t4.1 • r* ; . '25: •l.I}.?s •••••'• , ,.k 114 l ...lrf .2 ti a..4 a vae v. isik . • ' . . A* , ''' t. • s (/. • iis 1.0! i at .,,./ I . • � �t . � „i v. ..r j,-« ' t. !f••`�, •,oi it Li • .%; ii7r . I. • ti ill! i ( • to g - . Y err_.. hr;∎ ■ t 'r �tr1 till ft• �y- I , .. • 4,•i/'"01.. ••;.!+ 1:i�,4'+i1 *.,....:•;.,'}, x'f }'JRh4.s:'y�{�?pi.•j� k'M. • r • •PriG•T'� P4'4}• * i 14, tr . /..•4,•4 •Sr•Aii 1, •r ," h.••• 4•••}•"T•' ":.• l • r • ties r �', , "} "11•C. •' S M,•.+i ,.. .• •.,,Ist a.,41,-„•4-•-........ ..•1604.044-4/,••.1.91r.0"4144-)414‘4,;.revtfil-I./14'lls' • • ; .Y. ". s!Z. C.�3t - re.. i 7i Y!f Nyl � • i - illIk IIIII "III • , . . . • ...4 i ■ 1 k . '1 •„. ,, 41 .,,,. .,.. , . ,„. c.,..•7 . ,,„ .5. . , ...1.i 3 , t, • .„ ..2 ' STATE OF FLORIDA ) -.. COUNTY or COLLIER ) I. JAS C. OrLES, Clerk of Courts in and for the r••, I-. Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of Ordinance Bo. 92-42 . which was adopted by the Board of County Commissioners on the let day of September, 1992, during Regular Session. .. WITNESS my hand and the official seal of the Board of tk County Commissioners of Collier County, Florida, this 8th . . 1111 ‘0, day of September, 1992. • JAMES C. DILLS ' ' kOtriS ft -11; Clerk of Courts and Cie* „-• *..., ,it, • . Ex-officio to Board of,:::.. County Commieeioners : t": - .,...■ ',:' . ' t'1,%•,.+2 ": . • • .1...r2':. .... B : is/Maureen nyon ,`,..",..: ....• ;-,-.:`'el2.•' •;,.. -' 1 Deputy Clerk :Iiipsio •4 . . 'Sit ,10, .■, . , . ' ',. C• ,..>:- . A. ., •, : ,,s +.4•,: , ,,..i. 1100g 055 PAGE 17 4, .„1. t.i,f,. ,.., • V, 4:?,. i . _........_...,....... .._. _______... 220 )) Friday, February 6,2O15 )) NAPLES DAILY NEWS • NOTICE OF MEETING NOTICE OF MEETING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., on Thursday,'February 26, 2015, in the Hearing Examiner's'Meeting Room, at 2800.North Horseshoe Drive, Room 609/610, Naples,FL 34104 to consider: PETITION NO. ZVL (CUD) - P120140002784 - Autumn Blossoms, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Department pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of Assisted Living Facility is comparable in nature to other permitted Commercial/Tract "B" uses under Section 3.02.A of the Miceli PUD, Ordinance No.92-62,as amended.The subject property is located on the south side of U.S.41 East,200 feet north of Raintree Lane, in Section 29,Township 50 South, Range 26 East,Collier County,Florida,consisting of 8.7 acres. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Division, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of.the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,'to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380,at least two days prior to the meeting. • Mark Strain, • Chief Hearing Examiner Collier County,Florida FPbruary 6 2015 No 2047405 • 5,,g3 46X EXHIBIT CD / ts • a