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HEX Agenda 03/26/2015 COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA MARCH 26, 2015 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,MARCH 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 3. APPROVAL OF PRIOR MEETING MINUTES: February 26,2015 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. VA-PL20140002843 — DR Horton, Inc. requests an after-the-fact variance from Section 3.05.07.H.3 of the Land Development Code to reduce the principle structure preserve setback line from 25 feet to 11.48 feet on the side yard of a permitted single-family dwelling unit currently under construction, located at Turnbury Preserve Lot 1, also described as 305 Turnbury Way, in Section 24, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, PLA,Principal Planner] B. PETITION NO. PETITION NO. ZVL (CUD)—PL20150000116 — Creekside East, Inc. 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 a retail doughnut shop (SIC 5461) without a drive-thru window is comparable in nature to other permitted principal uses in the Business District under Section 4.3.A of the Creekside Commerce Park Commercial Planned Unit Development (CPUD), Ordinance No. 2006-50, as amended. The subject property is located on the southeast corner of Immokalee Road (C.R. 846) and Goodlette-Frank Road (C.R. 851) in Section 27, Township 48 South, Range 25 East, Collier County, Florida, consisting of 7.81 acres. [Coordinator: Fred Reischl, AICP,Principal Planner] C. PETITION NO. PETITION NO. DRD-PL20130002395— Petitioner, Green Store #108, on behalf of property owners Steve and Dorothy Lefes, requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks relief from LDC Section 5.05.05 B.1, which requires a 50-foot front yard setback for automobile service stations,to instead allow a 30-foot front yard setback from U.S. 41,to accommodate the replacement of the old gas pump canopy with a new, larger gas pump canopy over the existing gas pumps for a gas station redevelopment project within the Commercial Convenience (C-2) zoning district, located on the northwest quadrant of the intersection of Tamiami Trail East(U.S. 41) and Joseph Lane in Section 12, Township 51 South, Range 26 East, Collier County, Florida, consisting of 6.29 acres. [Coordinator: Fred Reischl,AICP,Principal Planner] D. PETITION NO. PETITION NO. DR — PL20140001595 — Petitioner, Legal Aid Service of Broward County,Inc., 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, Table 2.1, which requires a 15 foot side yard setback; LDC Section 4.06.02, which requires the minimum buffer width area; LDC Section 4.06.03 B, which requires a minimum terminal landscape island width of 8 feet; LDC Section 4.06.05 1-1.2.b, which prohibits parking lot/pole lighting in landscape islands with trees; LDC Section 5.03.02 H, which requires a wall between residential and nonresidential development; LDC Section 5.05.08 C.4.a, which requires minimum variations in massing on façades of large buildings; LDC Section 5.05.08 C.4.b, which prohibits buildings subject to projections and recesses from having a single wall plane exceeding 60% of each façade; LDC Section 5.05.08 C.8.b, which prohibits blank, opaque wall areas greater than 10 feet vertically and 20 feet horizontally; LDC Section 5.05.08 C.10.b, which requires minimum roof treatments and design standards for buildings larger than 5,000 sq. ft.; LDC Section 5.05.08 C.10.c, which requires a flat roof screened with a parapet wall on any façade to have a parapet treatment extend along the remaining façades; LDC Section 5.05.08 C.12.b, which requires the front entry of a single-tenant building to be set back a minimum of 15 feet from a parking area; and LDC Section 5.05.08 E.2.f, which requires a continuous building perimeter path interconnecting all building entrances and exits, for a legal aid services redevelopment project consisting of 1.24± acres of land, located on Lots 22-24 and 64-66 of Pineland on the Trail subdivision, also described as 4436 Tamiami Trail East, in Section 13, Township 50 South, Range 25 East, Collier County, Florida. [Coordinator: Mike Sawyer, Project Manager] E. PETITION NO. PETITION NO. PDI-PL20140000859 — RaceTrac Petroleum, Inc. requests an insubstantial change to Ordinance No. 99-91, the Sierra Meadows PUD, to amend Section IV, the Commercial District, by adding deviations from LDC Section 5.05.05.C.2.c, to allow one gas station ground sign in excess of the maximum 8-foot height and 60-square foot sign area; from LDC Section 5.05.05.C.2.b, to allow one illuminated corporate logo on a gas station canopy face in excess of the maximum 12-square foot sign area, and one additional corporate logo on a canopy face that is not adjacent to a dedicated street; from LDC Section 5.06.04.F.4, to allow a nonresidential single-occupancy parcel with double frontage to have more than the maximum 2 wall signs, and to be located on more than the maximum 1 wall; from LDC Section 4.06.03.B.2, to allow parking rows to contain more than the maximum 10 consecutive parking spaces between required landscape islands; from LDC Section 5.05.08.C.6,to allow false windows as one of the required primary design standards for a building facade; from LDC Section 5.06.04.F.1.f.i.a, to allow one non-residential ground sign to be placed closer than the minimum 10 feet from a property line; and from LDC Section 5.06.04.F.4.e, to allow a non-residential, non-illuminated, non-reflective window sign to cover more than the maximum 25-percent of the window area. The subject property consists of 1.97± acres, located on the southwest corner of the Collier Boulevard (CR 951) and Rattlesnake Hammock Road intersection, in Section 22, Township 50 South, Range 26 East, Collier County,Florida. [Coordinator: Mike Sawyer, Project Manager] 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN February 26, 2015 HEX Meeting TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY HEARING EXAMINER Naples, Florida February 26,2015 LET IT BE REMEMBERED, that the Collier County Hearing Examiner, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION at 2800 North Horseshoe Drive,Room 609/610,Naples,Florida,with the following people present: HEARING EXAMINER MARK STRAIN Also Present: Heidi Ashton-Cicko, Managing Assistant County Attorney Ray Bellows,Zoning Manager Page 1 of 10 February 26, 2015 HEX Meeting EXHIBITS: DESCRIPTION PAGE PE-PL20140000538 A- Staff Report 5 B -Legal Advertisement 5 PDI-PL20140002801 A- Staff Report 9 B - Legal Advertisement 9 DR-PL20140002448 A- Staff Report 14 B -Legal Advertisement 14 PL20140002581 A - Staff Report 24 B - Legal Advertisement 24 ZVL(CUD)PL20140002784 A- Staff Report 28 B - Legal Advertisement 28 PROCEEDINGS: HEARING EXAMINER STRAIN: Good morning,everyone. It's nice and loud to start off the day. Would everybody-- I have some housekeeping matters to discuss, but if you'll all please rise for Pledge of Allegiance first, I'd appreciate it. (The Pledge of Allegiance was recited in unison.) HEARING EXAMINER STRAIN: Well,welcome to the Thursday,February 26th meeting of the Collier County Hearing Examiner's Office. Individual speakers will be limited to five minutes unless otherwise waived. All decisions are final unless appealed to the Board of County Commissioners, and the decision is required to be rendered within 30 days. Usually it takes a lot less time than that. In review of the agenda,there's one change. In a prior meeting about a month ago we had a continuation a Petition No.CUR-PL20140000808. It was called the Maple Leaf Learning Center,LLC,and it was for a conditional use in Golden Gate City. That item has been moved into the Collier County Planning Commission and the Board of County Commissioners'agendas, and it will move into that process from out of this process. Is anybody here wanting to speak on that particular matter? (No response.) HEARING EXAMINER STRAIN: Okay. There are no minutes to approve from the prior meeting, so we'll move directly into our advertised public hearings. ***The first item up is Petition No.PE-PL20140000538. It's the Capri Christian Church Inc.,on Lots 429 and 430 of the Isle of Capri. All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) HEARING EXAMINER STRAIN: Okay,thank you. Disclosures on my part, I've spoke numerous times to the applicant's representative, Blair Foley. I've reviewed all the files, history on the project,talked with staff many times,read the staff report, and I've talked to at least one--a couple residents on Isle of Capri, in particular,Ann and Eddie Hall. And I believe that's the only disclosures I have that I can recall. For the record, Exhibit A will be the staff report, and Exhibit B will be the legal ad. And with that,we'll move into the discussion with the applicant. Blair, if you want to use that microphone. Page 2 of 10 February 26, 2015 HEX Meeting Is there anybody here that opposes this particular action? (No response.) HEARING EXAMINER STRAIN: Okay. Blair,I'm going to quickly run through a couple pieces of the application to familiarize those who are here to talk about this. How many people are here because of this action today? Okay. Thank you. That's the location. It's one lot over from the existing--one lot over from the existing church. There are some staff recommendations. We'll get into them in a minute. And that's the layout of the property. Blair,on those staff recommendations,did you have any objections to any of those? MR. FOLEY: No, sir. HEARING EXAMINER STRAIN: Okay. I have read the entire staff report. I have a few comments to make about it. I don't need a presentation,but if you would like to put anything else on the record,you're more than welcome to. And since there's nobody here in opposition, I don't believe a presentation's warranted. MR. FOLEY: I really don't. I just wanted to state for the record, Blair Foley representing the Capri Christian Church, and we're in full support of the staff report. HEARING EXAMINER STRAIN: Okay. The sidewalk, and the maximum you're going to--the sidewalk from the lot to the church is one of the stipulations. You have a maximum of 27 parking spaces. You're looking for reduced buffer widths, upgraded plant materials, and no walls. Now, some of those are going to be the subject of a variance that are coming up as a result of this parking exemption. And I've asked staff if they could address the time frame of the variance and when that's going through the process. Fred? MR.REISCHL: Fred Reischl with Planning and Zoning. Because of the advertising deadlines that we have,the next available date would be the April 9, 2015, meeting. HEARING EXAMINER STRAIN: So that--I know that came in kind of late, but we will get it out. Probably a little over a month from now,then,that should be accomplished. And with that, I'll see if there's anything else. The county attorney just reminded me the stipulations will be written up specific to that lot,those lots. So that will be the condition in which you're applying for the variance. When the variance goes through,then everything will be equivalent. And, Blair, I don't have any other issues with this. So unless you've got something else--and I'll ask for public speakers. If we don't hear anything to the contrary,I should have a decision within probably a week or two; no greater than 30 days. MR.FOLEY: Very well. Thank you. I have nothing to add. HEARING EXAMINER STRAIN: Okay. By the way, I want to note we had 27 letters in favor of this. That's tremendous. It was good to see the public involvement and all the letters we got. And I had none against it. I found no one who spoke out against it. Thank you, sir. MR. FOLEY: Thank you. HEARING EXAMINER STRAIN: Staff report, Fred? MR. REISCHL: Nothing in addition to add. Thank you. HEARING EXAMINER STRAIN: Okay. Are there any members of the public who would like to speak on this matter? (No response.) HEARING EXAMINER STRAIN: Okay. With that,we'll close the public hearing, and a decision will be rendered within 30 days. And I certainly thank you all for coming. This is as short and as less complicated as we can make it. UNIDENTIFIED SPEAKER: Thank you very much. HEARING EXAMINER STRAIN: Thank you.Appreciate it. Page 3 of 10 February 26, 2015 HEX Meeting ***Next item up today is Petition No. PDI-PL20140002801. The Petitioner is Taylor Morrison of Florida, Inc. It's for a specific site location within Hacienda Lakes mixed use planned unit development called the Esplanade at Hacienda Lakes. All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) HEARING EXAMINER STRAIN: Disclosures on my part, I reviewed the files,talked with Alexis, who's--I think she's here with the applicant's representative,and I've also talked with staff. I also asked John Podczerwinsky to attend this morning to assure us that the concern he had on the site triangle was adequately addressed. There will be two exhibits for the record. Exhibit A is staff report,and Exhibit B will be the legal ad. And with that, I'll ask for the applicant's representative. Alexis, if you --I have read the--oh,you came in late. MS. CRESPO: You run a tight ship here. (The speaker was duly sworn and indicated in the affirmative.) HEARING EXAMINER STRAIN: Thank you. Nothing like being rushed at the last minute, huh? MS. CRESPO: My apologies. HEARING EXAMINER STRAIN: That's okay. You can blame it on the traffic in Collier County, and that works real well right now. MS. CRESPO: Yes, that does. Good morning, Alexis Crespo with Waldrop Engineering representing the applicant. We've reviewed the staff report,and we're in agreement with the findings and would respectfully request your approval. HEARING EXAMINER STRAIN: Okay. And that particular site is just the Taylor Morrison property in Hacienda Lakes? MS. CRESPO: Correct, only the portion owned by the applicant. HEARING EXAMINER STRAIN: Okay. And they're adding one paragraph to the residential development standards table, and it involves a corner lot so they don't have two front setbacks. I've found a series of questions that came up when I reviewed your application I want to make sure that you're in agreement with. I'll make sure-- up on top under ii is where this will be added to the PUD,and I believe that's the only information 1 needed. Is there any members of the public here wishing to--who are here for this particular subject even though you didn't get sworn in to speak? (No response.) HEARING EXAMINER STRAIN: Okay. Then we won't need a further staff report. Also,the NIM for this was waived because it is internal to the project. There is no external impacts. And the following notes are the notes I made on the project. Number one is it's limited to secondary front yards and corner lots;No.2 would be secondary front yards do not--those that do not contain driveway or vehicular access to the garage or the dwelling unit or the lot. So whatever that second side yard is or whatever that second yard is, it won't have any access through to the property that way. It only applies to the residential lots,which I believe are the only ones that are in your village. MS. CRESPO: Correct. Let me clarify. It would not apply to the amenities in the tract, which is the only nonresidential tract within the community. HEARING EXAMINER STRAIN: Right. And then I'm going to ask John Podczerwinsky, our transportation expert,to verify that the site triangle language is adequate for his concerns. MR.PODCZERWINSKY: Good morning,Mr. Strain. For the record, John Podczerwinsky, Transportation Planning. Yes, it's absolutely adequate,the language that they've proposed. HEARING EXAMINER STRAIN: Okay. Thank you, John. With that, I'll ask for a staff report. They're sensitive. Page 4 of 10 February 26, 2015 HEX Meeting MS. DESELEM: Yeah, really. For the record, Kay Deselem with Zoning. And you do have the staff report,which is last revised 1/6/15, and we are recommending approval. HEARING EXAMINER STRAIN: And,Kay,the stipulations that I just suggested I saw as part of the report, but I didn't see them under your recommendations. Do you see any problems with those as a recommendation--as contained as stipulations? MS. DESELEM: No, sir. HEARING EXAMINER STRAIN: Okay. With that, is there--I think I've already asked if any members of the public want to speak. I'll ask one more time. Anybody here to speak on this matter? (No response.) HEARING EXAMINER STRAIN: Okay. If not,we'll close the public hearing, and a decision will be rendered within 30 days. And as I said in the previous case,hopefully it will be a lot less,within a week or two. Thank you all for attending. ***The next petition is Petition No. DR-PL201400002448. The petitioner is Coastal Beverage, LTD,on Progress Avenue. This is a petition for deviations to a Site Development Plan. All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) HEARING EXAMINER STRAIN: Thank you. And this was a complicated one, and I first will start out with my disclosures. I attended the preapp, reviewed the files, met with staff,and met with the applicant yesterday and staff and the county attorney and walked the entire perimeter of the site and reviewed all the elements involving this to try to make sure we had a good handle on it. The exhibits for this will be the staff report, it will be Exhibit A, and Exhibit B will be the legal ad. Okay. With that, I'm definitely going to have some questions,Patrick, as we talked about yesterday. MR.VANASSE: Okay. HEARING EXAMINER STRAIN: I'd like some clarification. For those who may be interested, that's the location of Coastal Beverage. I went and pulled a file from 1995,because part of the premise for the deviations is the fact that Livingston Road came in after the project was constructed. As you can see on the right, it's a little hard to--a little blurry from those old photos, but that is Livingston Road on the right side, and it was a corner lot. It was on Progress and Commercial. And with Livingston going in,they now have roadways on three sides. This is a blowup of what it is today, and there are some changes to the site that they're asking for through what's called a site plan with deviations. They're zoned industrial. This is some photos we took yesterday, or actually I took those from Google. This is along the west side of the site. The hedge row you see on the right side in the front,that's a buffer that I believe's going to continue along the right-of-way, and they wanted to maintain it at that height instead of the code required higher elevation which was a subject of some of the deviations. This is looking down in the opposite direction now. The project is on the left side. You can see the hedge row. When they take that building down and continue,the hedge row will be maintained at the height it's at now or close to it, based on the calculation. And, Patrick, if I'm speaking in error,please interrupt me and let me know. MR. VANASSE: No problem. HEARING EXAMINER STRAIN: This is kind of your presentation, but I wanted to provide the clarity so it was all understood. This is the parking lot that involves several of the deviations for island plantings and paver parking spaces. Towards the front--and it's right out here--there's a couple paver parking spaces that have been there for a very long time. I believe there's some back here,and the parking spaces are not every--there's not a planting area every 10 feet as code requires. That's another portion of the deviations. In the back, this is theoretically--or, actually, practically it appears to be the rear of the building because their frontage is on Coastal Ave. In the rear there's a large power line easement. You can see the Page 5 of 10 February 26, 2015 HEX Meeting power lines up here, and they are substantial power lines. They're up against that easement in the back side. I'll show that photograph right there. This is the easement area up here. And that particular setback is one that they're requesting a reduction for based on some changes in the code over time that would have allowed them to have a variable setback in that portion anyway. Had it been considered a rear setback, since Progress Ave.towards the bottom is the front and they have a legal address on Progress, it seems, practically,that's rear,and it would have been only 15 feet at that point. But because of the way our code's written, it's actually considered a side yard. And that's hence why they need the rear setback. This is a picture of the rear area that has a gas island in the center is going out. The building itself will be expanded, and they want to hold off about 24 feet and some change from the hedge row that's there right now,which is right along here. Staff has a couple recommendations. They're going to provide some mitigation, and they're going to make--with some trees and plantings to mitigate some of the deviances they asked for. And the driveway connection on Commercial must maintain and be signaled as egress only. This is a blowup of the plan showing the location where the deviations occur. This is a list of all the deviations. We walked through them individually on the site yesterday. And, Patrick,the reason I went through all that, in case any members of the public were here and wanted to know what this meeting was about; secondly,to acknowledge that we went to the effort to try to walk through this and--on the site yesterday to see how these fit. My questions are very limited. I'm assuming you have no objections to the staff recommendations. MR.VANASSE: Good morning. For the record,my name is Patrick Vanasse. I'm with RWA,and I am representing the applicant. We have reviewed the staff report, and we're in full agreement. We want to thank staff for taking something that's relatively complicated and finding practical solutions and making the process simple. HEARING EXAMINER STRAIN: And I've got to congratulate Fred Reischl for doing an excellent job on a very complicated project. When I sat down and read this over the weekend, I pulled up aerials,and it was difficult to follow. Once we got on site,the clarity was understandable then. So I appreciate all the effort everybody went through to make this as concise and as clear as possible. One thing that I want to suggest is that your SDP is for a specific building. And you call out a height of, I believe,35 feet and some change. Whatever that number is--and I've got the documents here-- I will tie that into the decision so that the height is based-- it will be this building at that height subject to the request and that, let's call it for sake of argument, rear yard setback that you're asking for as a deviation. MR.VANASSE: Understood. HEARING EXAMINER STRAIN: So that means if you try to change the building and go higher, you're going to have to come back in and address this issue again. MR. VANASSE: Understood. HEARING EXAMINER STRAIN: Okay. And I don't have anything else. Fred, do you want to add anything to the discussion? MR. REISCHL: Thank you. Fred Reischl,Planning and Zoning. Just to summarize what you said, seven of the deviation requests are to legitimize existing conditions, and the one true new deviation is the side yard setback. HEARING EXAMINER STRAIN: From a practical viewpoint, I know the code here is -- I think you've already said, it's different than it is in other counties that you're used to. MR. REISCHL: Yes. HEARING EXAMINER STRAIN: Roads on three sides forces it to have basically a rear yard in the back, although we are now calling it a side yard because of the way it was originally built. MR. REISCHL: Correct. In fact, if you look at another subdivision, Golden Gate City,there are some parcels that have five front yards and no sides at all. So our code would say they have five front yard setbacks. HEARING EXAMINER STRAIN: Wow. Okay. And had this been a typical rear yard,as it seems Page 6 of 10 February 26, 2015 HEX Meeting to be laid out,that would have been only 15 feet? MR. REISCHL: Correct. HEARING EXAMINER STRAIN: Okay. That's all I've got,and staff is finished. So are there any members of the public that wish to address this issue? (No response.) HEARING EXAMINER STRAIN: Okay. Oh, ma'am,you'll have to come up. And first you have to be sworn in. Did you rise when we asked for swearing in speakers? MS. LUSCINSKL No. HEARING EXAMINER STRAIN: Would you mind swearing her in. (The speaker was duly sworn and indicated in the affirmative.) HEARING EXAMINER STRAIN: You'll have to use that microphone and identify yourself for the record,please. MS. LUSCINSKI: Okay. HEARING EXAMINER STRAIN: Thank you. MS. LUSCINSKI: I've never been to one of these before. HEARING EXAMINER STRAIN: Well,that's okay. These are more informal than some of the others, so we just try to understand what everybody's concerns are. MS. LUSCINSKI: I'm Sue Luscinski. I live in Briarwood. • HEARING EXAMINER STRAIN: Could you spell your name. MS. LUSCINSKI: L-u-s-c-i-n-s-k-i. HEARING EXAMINER STRAIN: Thank you. MS. LUSCINSKI: I just want a clarification of what's going to happen on the Livingston Road side. HEARING EXAMINER STRAIN: Could you pull that mike a little closer to you. There you go. Nothing--well,they're going to put some additional plantings. I'll let the applicant explain what they're going to do on the Livingston Road side,but the Livingston Road side has not got any of the deviations or issues that are here today. They're more towards the industrial park. MS. LUSCINSKI: Okay. HEARING EXAMINER STRAIN: But I'll certainly have them verify that on the mike as soon as you're-- is that the only question you had, ma'am? MS. LUSCINSKI: Yeah, I just want to make-- HEARING EXAMINER STRAIN: Great. MS. LUSCINSKI: I wanted to make sure more noise wasn't going into Briarwood. HEARING EXAMINER STRAIN: Oh,we would hope not, so thank you. MR.VANASSE: Again,Patrick Vanasse, for the record. With regards to your question, if we look at this exhibit,this rectangle here is a building expansion. These will be bays for trucks, a loading bay over here. HEARING EXAMINER STRAIN: Now,orientate us to Livingston Road. Livingston Road is on the right-hand side. So the truck orientation and everything will be towards the interior of the industrial park. MS. LUSCINSKI: Okay. MR.VANASSE: These will be full concrete walls with no windows. We also have a retaining wall, noise barrier wall also right here. And as part of these deviations, we've provided additional plantings right along here right by Livingston. MS. LUSCINSKI: Okay,thank you. HEARING EXAMINER STRAIN: Okay. Well,thank you for the question, ma'am. Appreciate it. With that, we'll close the public hearing, and the decision will be rendered within 30 days, probably a lot less. This one will take a little bit more time to write up. So thank you all for attending on this matter,and that particular item is over. ***The next item on the agenda is Petition No. ZVL-PL20140002581. It's Cameron Partners II, LLC. It's for the Heritage Bay PUD. A ZVL--the ZVL letter is a comparable/compatible use analysis. All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) Page 7 of 10 February 26, 2015 HEX Meeting HEARING EXAMINER STRAIN: For disclosures on my part, I've read the staff report, I've met and talked with the applicant and staff. The two exhibits that will be part of the record are Exhibit A will be the staff report; Exhibit B will be the legal ad. And with that,I have read the staff report. Are there any members of the public here concerning this project? (No response.) HEARING EXAMINER STRAIN: Okay. Fred, if you want to come up to the podium. I don't have a need for a presentation. There are no members of the public here involved in this one, so it's limited to you. If you'd like to add anything to the record,you're more than welcome to. MR. 1-IOOD: Good morning. Frederick Hood, for the record,with Davidson Engineering representing Cameron Partners II, LLC. I just had a clarification, actually. No need for a presentation. But in the ZVL--the original ZVL that was done on this property for the activity center in 2013, December 20, 2013,we asked a question regarding the maximum caps on retail square footage and office square footage, and they are 150,000 and 50,000 respectively. With the recent staff report recommendation for approval,this use,the 4225 indoor storage was deemed comparable and compatible. I just wanted to make sure with that,that since we were being held to the retail height restrictions,that we were not also being held to the retail restrictions that would have gone against this previous ZVL. HEARING EXAMINER STRAIN: That would be a different issue that you'd have to seek through probably a clarification to the zoning director.The issue at hand today is strictly the use as whether it's comparable or not. MR. HOOD: Correct. HEARING EXAMINER STRAIN: The particulars involving the PUD-- in fact,one of the points I was going to make in my notes,the decision here will not be rendered in regards to the height issue-- MR. HOOD: I understand. HEARING EXAMINER STRAIN: --that was addressed in the comparable/compatible letter. It's outside the scope of what we're here for today. And the question you just asked is one that you will have to deal with when you make your submittal and how the zoning director will respond to it. MR. HOOD: Okay. HEARING EXAMINER STRAIN: And I know now,from other projects,we need to be real sensitive to square footage,and it's not a bad point to ask ahead of time. Ray? MR. BELLOWS: Hi, Fred. I think what we'll do is since this is just dealing with the use and not calling it a retail use or an office use,we will sit down with Mike Bosi,our director,and we'll clarify that letter versus the one recently issued. MR. 1-IOOD: Okay. That's all I ask. I just wanted to make sure we don't get into a sticky situation when we come in for an SDP. HEARING EXAMINER STRAIN: Well,you said another, a letter recently issued. Are there two letters issued on this? MR. BELLOWS: He's referring to an earlier letter, not the one that Fred Reischl just did. MR.HOOD: Yeah,there's two letters. There's one from December 20, 2013, and then there's the one that we're here for today, and then there's also some email correspondence between that talked about both at the same time, so we'll discuss it. HEARING EXAMINER STRAIN: Okay. I don't want to get this particular hearing mixed up with anything else. We're just focusing on just the one that was presented in this package today. MR. HOOD: Okay. HEARING EXAMINER STRAIN: Then as far as my notes go,there was two of them. I know you're probably going to be fine with them. I just asked you one about the height issue. We're not going to be addressing that. And the second thing is the use,4225 will be limited to indoor air-conditioned space. And I Page 8 of 10 February 26, 2015 HEX Meeting know that was part of staffs requirement. So with that,I'll ask for staff report. MR.REISCHL: I have no additional information,thanks. MR. HOOD: Okay. HEARING EXAMINER STRAIN: Those staff reports get easy, don't they? And that's all I have,Fred. Is anybody else here wanting to speak on this matter? (No response.) HEARING EXAMINER STRAIN: Okay. Thank you. We'll close the public hearing,and I will have a decision rendered within 30 days, probably a lot less. MR. HOOD: Thank you. HEARING EXAMINER STRAIN: Thank you, Fred. ***Last item up today is Petition No.ZVL--and,again, it's a compatible use analysis--PL20140002784. It's the Autumn Blossoms, LLC,at the Miceli PUD. All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) HEARING EXAMINER STRAIN: Okay. Disclosures on my part, I've talked with staff-- I mean, yeah. I've reviewed all the files, and I've talked with--or I think Mr. Hancock and I either had a phone call or exchange in email, one or the other, but I have had contact with Mr. Hancock. The exhibits for this particular item will be,Exhibit A will be the staff report,and Exhibit B will be the legal ad. Now, with that,Tim, if you want to come up to the microphone. I've reviewed the staff report in full. It's a clean submission. I don't really have any issues with it. You're welcome to make a presentation if you'd like. Since I'm the only that--there's no members of the public here to hear it that seemed interested, and I don't--I've read everything, so it's not necessary for my behalf. It's up to you. MR. HANCOCK: No, sir. Tim Hancock with Stantec representing Autumn Blossoms, LLC. I believe this is a wonderful case of less is more. HEARING EXAMINER STRAIN: Good. We're not going to defeat it by talking too much;that's good. Is there a staff report? MR. REISCHL: Fred Reischl. Ditto. HEARING EXAMINER STRAIN: Okay. Are there any members of the public that would like to speak? (No response.) HEARING EXAMINER STRAIN: Hearing none,we will close this item. And,Tim, I'll have a decision to you as quickly as we can get it out but no longer than 30 days. MR. HANCOCK: Thank you, sir, and thank you to staff as well. HEARING EXAMINER STRAIN: You're welcome. Thank you. With that, it brings us to the end of our meeting. Are there any members of the public that wish to speak on any other matter? (No response.) HEARING EXAMINER STRAIN: Any other business?There is none. This meeting is adjourned. Thank you all. ********************* Page 9 of 10 February 26, 2015 HEX Meeting There being no further business for the good of the County,the meeting was adjourned by order of the Hearing Examiner at 9:27 a.m. COLLIER COUNTY HEARING EXAMINER MARK STRAIN, HEARING EXAMINER ATTEST: DWIGHT E. BROCK, CLERK These minutes approved by the Hearing Examiner on , as presented or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY TERRI LEWIS,COURT REPORTER AND NOTARY PUBLIC. Page 10 of 10 AGENDA ITEM 4-A Co +er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: DEPARTMENT OF PLANNING AND ZONING GROWTH MANAGEMENT DIVISION,PLANNING AND REGULATION HEARING DATE: MARCH 26, 2015 SUBJECT: PETITION VA-PL20140002843, 305 TURNBURY WAY PROPERTY OWNER/AGENT: Property Owner: Agent: DR Horton, Inc. Patrick Vanasse,AICP 10541 Ben C Pratt 6 Mile Cypress Pkwy. RWA,Inc. Fort Myers, FL 33966 6610 Willow Park Drive, Suite 200 Naples,FL 34109 REQUESTED ACTION: To have the Collier County Hearing Examiner consider an application for art after-the-fact variance from Land Development Code (LDC) Section 3.05.07.H.3. The Variance being requested is to reduce the principle structure preserve setback line from 25 feet to 11.48 feet on the side yard of a permitted single-family dwelling unit currently under construction. GEOGRAPHIC LOCATION: The subject property is located at Turnbury Preserve Lot 1, also described as 305 Turnbury Way, in Section 24,Township 48 South, Range 25 East, Collier County, Florida. (See location map on following page) PURPOSE/DESCRIPTION OF PROJECT: The subject residential property is located adjacent to a preserve area. (See Aerial on the proceeding page.) The house is 80 percent built after obtaining the required building permits and undergoing several building inspections. The location of the house is consistent with the 7.5-foot side setback used for all the other homes in the subdivision. However, when a home is located VA-PL20140002843,305 TURNBURY WAY VARIANCE FEBRUARY 27,2015 Page 1 of 6 MIIIINNIMINIIIIIIggigniggiminigisiligin -Ar —11t1116 - _ - - , 0 . 4' me amr eaararna -=r hi 1t: /�i. t r 0 ' g - _ I iit si a C lf6RrI ;; Viii o o rn _ zi a i- , auRFt _ r — • l at tkO a,_—,— - x & M 1? V li = i ,, �MCA. MOW _ N� o� t�aiia _ i �, ca Biqa � ° ) z ill L_____ il m Yl i .Q 8 aae rn - _ . . -o r A,(l.- A.cwyn K...1 a a x Yo E! ° 6 Pili i S ��k <A,, 1.. ;Ip R 18 L t t L : g ! 1 l ;1 7I t^ i 3 91 II 9f i .t rI r g 1�i 1 111`, a , t 111 .7-77 � Et— ,.. re gg 1 ! c �g, ( ! l ;p - x ! f , x r x a x - /. ,\,. .) 10 ..,,....4 MII1 /kb : 1 ___:,„...._ _____:..- ,F Zr_t - - a I r x r c a r` caveR03.18 A>DI/P,WAY -0 � 1 111 _ ___ ___ __.l Ell _•_ •1. a ( t'_i K i 99�� r..ar. Raa,e,Nn RAT 4 _— ..e.- _ UNNCSiON ROAD I ,. ,.,_......F. r D j I ,\ L I s �( co toA 4 a� ;II ( p J l 111 7 ( O i / 1 4 T - `` e / `,ss. ws./., IIpi R /j j adjacent to a preserve, a 25-foot setback applies rather than the 7.5-foot side setback. Consequently, the home encroaches into the setback by 13.52 feet and is located 11.48 feet from the preserve. The attached Boundary Survey and Site Plan depicts the location of the home and the setback from preserve. (Please note: this Boundary Survey was provided as part of the building permit application.) According to information provided by the applicant, this unique situation and oversight went unnoticed until a DR Horton representative recently noticed that the home appeared closer than 25 feet from the preserve. Upon closer review the encroachment was confirmed and DR Horton contacted County staff to address this issue. An after-the-fact Variance is sought to remedy the encroachment into the preserve setback. SURROUNDING LAND USE& ZONING: SUBJECT PARCEL: A single-family residence, with a zoning designation of RSF-3 North: Single-family residence,with a zoning designation of RSF-3 East: FPL Overhead Public Utility Easement, with a zoning designation of RSF-3 South: Preserve Area,with a zoning designation of RSF-3 West: Single-family residence, with a zoning designation of RSF-4 f _ Itt .1 M1k. 5.. Witl, wit JO $ t .: 0 } ' t . --48, 1 I SUBJECT M,a41 PROPERTY }; yL k ' ' is VI ' Jul ' x $ 1 r oNiip. . '"' %,.: iret201:7 .. - i! ;, . , .....* I .,.,' lie - :, - I, f 41.4 '� 2. ma4 k + - C—33ft AERIAL VA-PL20140002843,305 TURNBURY WAY VARIANCE FEBRUARY 27,2015 Page 3 of 6 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Urban Mixed Use Residential land use classification on the County's Future Land Use Map (FLUM). This land use category is designed to accommodate a variety of residential uses including single-family, multi-family, duplex, mobile home and mixed-use projects. As previously noted,the subject petition seeks a variance for a single-family home that is located within a single-family subdivision, which is an authorized use in this land use designation, therefore, the single-family home use is consistent with the FLUM. The Growth Management Plan does not address individual variance requests; the Plan deals with the larger issue of the actual use. ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land,structure or building involved? Yes. The subject lot, unlike all of the other lots in the subdivision, is located next to a small upland preserve where a 25-foot preserve setback applies rather than the typical 7.5- foot side yard setback. This particular condition led to the described oversight by the applicant, the construction company, the surveyors, and county staff that approved the construction plans and inspected the unit. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property,which are the subject of the Variance request? Yes. According to information provided by the Applicant, an oversight on the part of the contractors and County reviewers have led to this unfortunate situation. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. The house is 80 percent built and a literal interpretation would place a significant hardship on the applicant, contractors, and the contract buyer associated with the construction of this home. d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes, the variance requested is the minimum variance needed to remedy the preserve setback encroachment. Preserve setbacks are required to provide access to and around the preserve, to limit human encroachment into the preserve, and to allow for maintenance of the abutting residential structures. VA-PL20140002843,305 TURNBURY WAY VARIANCE FEBRUARY 27,2015 Page 4 of 6 1) The variance, if approved, will not impede access to the preserve since there is ample public access to the preserve from at least two sides. 2) It will not cause encroachment since this is the only home from this subdivision that abuts the preserve and the builder has clearly delineated the preserve and lot boundaries with preserve signage and landscaping on the single-family lot. (See attached Turnbury Preserve —Preserve and Setback Photos.) Additionally, the encroachment is along the side yard which is not used for recreational purposes such as a swimming pool. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? No, this is the only home with this unique set of circumstances. Additionally, the 11.48- foot setback exceeds the minimum 7.5-foot side setback which applies to all other homes in the area. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The granting of the Variance will respect the intent of setbacks for preserves and will not harm public safety,health and welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. This criteria does not apply here. h. Will granting the Variance be consistent with the Growth Management Plan? Approval of this Variance will not affect or change the requirements of the Growth Management Plan. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report VA-PL-20140002843, revised on March X, 2015.—SS RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve the following for Petition VA-PL-20140002843, 305 Turnbury Way Variance: A reduced side yard principal structure setback line from 25 feet to 11.48 feet adjacent to the preserve area. VA-PL20140002843,305 TURNBURY WAY VARIANCE FEBRUARY 27,2015 Page 5 of 6 PREPARED BY: GALA .4ALA' .1 t. Feb. 27, 20 ( 5 NANCY Gi t, )L C ACCP, P' CIPAL PLANNER DATE DEPARIM a O 'LANNING AND ZONING v REVIEWED BY: 2 ' i7 1 RAY M Of'D V. BELLOWS,ZONING MANAGER DATE DEPAR' MENT OF PLANNING AND ZONING MICHAEL BOSI,AICP. DIRECTOR DATE DEPARTMENT OF PLANNING AND ZONING Attachment: A. Lot Survey and Site Plan B. Turnbury Preserve—Preserve and Setback Photos VA-PL20140002843,305 TURNBURY WAY VARIANCE FEBRUARY 27,2015 Page 6 of 6 ail T e ,g r v mgt f a A *--4. ' • T" aYf�), k . 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IF....,. , A ..z, i • r. . - 1 ±_'t 1 :wr 1 ' "...,„kms a m� I ' 1 <)' CeLusat( .KA. n. +n.u¢ c�F -'ERA) nc cis;5IA ... .. c, "'McANLY ENGINEERING '-:,,,,,,i;;;;;;;‘, URNBURY PSFvE � rti * ay °^,:',;;;:Z"\--...,;,1 �Cc " " I s ��3+w,+ra is sta,s .:...at�t �n.» "`�c�+*m.,..��,, .,�. w`.m. � ....... ....__,,.. � ...».�..,.,»,...,_.._„ -::::�.. ...,—..:... Turnbury Preserve VA-PL20140002843 Preserve and Setback Photos t - ` # � tj i } ;' - 1 tt, olliiiilli ....iiiimmimigaiimi. i i top i - , , 4,4 - ' Wt''' ' ' ... ,_ 1-t 1 -se ret K, . r, �9' ft o ,w .kms :' Attachment B - y{, k'.• i; ' ,---`''''' t 1 t i 'it „, • _ La t ..1 ' 4 '''' t.i i fyy• n1.--- : , .•4 k, .-, • - Ilik...._ ''''' '' 4.4".1,— *•• ,,. ,....... --.-- 40* 4, - 1.10 4 . ' ° '4lok4 ,,,, 4:;•,; ,--:, Ir. 41,44C‘4 ' { f..1;161E14k74, ' I 1 . z., -..- Y f4, r• iti f 00 1,1 d. '4 0,„4 aegooliio..,...wormo....t.at Z. ' ft. 101,1010/011, .. . , . ,:t r, i • 44 . ' - 4 1.4i ' , lc . • ; .',; .4 ti.', % • . ' 1 t.. ,.y. '''""%, •`-'"-* 1... " .1, ..... , -.#,• , - A '10111.F• , 1-, ... •.•'"''., -,. , f _ -- -itf?i, , 1 "' ko. -24 ,- ,._..., 0 i',.,:ii+4• .. 0.4 ...) .n.--. . , ,., ." • ^ t '* - ) A Check Number U7334U5 COLLIER COUNTY BOARD OF Date 01/20/15 COUNTY COMMISSIONERS DRH Inc.South Dish Account Stub i of 1 489521 PO Numb Invoice Number Subdv t.Ot$ Lot Address Cost Cde Legal Deac Gross Deductions Amount Paid ID011415 57823 'rurnbury Preserve 4,925.00 4,925.00 4,925.00 4,925.00 VA ro 44,ce- •c\tIr LvA. 4- THIS CHECK IS PRINTED IN RED AND BLUE INK ON THE FACE ON CHEMICAL AND BLEACH REACTIVE PAPER WITH INVISIBLE FLUORESCENT FIBERS AND BASKETWEAVE ON BACK IP .01141081W.41% Controlled Disbursement Check Number 733405 DRH Inc.South Dish Account anta, N A 64.12'8 Bank of America, / Date Amount M 301 Commerce Street,Suite 500 'C'Ou 612 GA 01/20/15 8*****4,92500 Fort Worth,TX 76IO2 489521 t Void attar 6 months from date of iseue Pay FOUR THOUSAND NINE HUNDRED TWENTY FIVE AND 00/100 0 To the Order Of: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ATTN:FINANCE DEPARTMENT 043315 TAMIAMI TRAIL EAST 4. NAPLES FL 34112-5324 i • ENGINEERING January 23,2015 Ms.Nancy Gundlach,AICP Principal Planner Growth Management Division,Planning and Regulation 2800 North Horseshoe Drive Naples,FL 34104 Subject: Variance Petition Application VA-PL20140002843 Turnbury Preserve Dear Ms.Gundlach: RWA, Inc. is pleased to submit, on behalf of our client, DR Horton, Inc.. this Variance Petition Application package. The following information is included for your re\iew: I. One(I)check in the amount of S4.025.00 for the Variance Application fees; 2. One I I)original and seven(7)copies of this Cover Letter; 3. One 1 11 original and seven i 7)copies of the Variance Application,signed; 4. One(l)copy of the Pre-.App Meeting notes: 5. Eight (8)copies of the Project Narrative: t�. One f I copy of the Addressing Checklist: 7. Eight (8)sets of the Construction Plans.tin lieu of Conceptual Site Plan)24 X 36 and one(1)set II: 8. Eight t 8)copies of Lot I Building Permit Application: 9. Eight (8)copies of Property Survey& Site Plan: 10. Light(5)copies of Preserve and Setback photos: 11. Two f 2)originals of the Arida‘it of Authorization.signed and notarized: 12. Three(3)copies of the Warranty Deeds; 13. One(1)copy,pf the,14)cation Ma; ,: �? t 14. Five(5)copies of the Aerial Photo; 15. Two(2)CDs containing PDF documents of entire submittal. If you have any questions or need additional information please feel free to contact me at 597-0575. Sincerely, RWA,Inc. Patrick Vanasse,AICP Director of Planning cc: Wayne Everett File 140027.00.01 • 6610 Willow Park Drive Suite 200 Naples,FL 34109 1 (239)597-0575 I Fax(239)597-0578 K'2014\1400_27 00 01 Turnbury Preserve Variance AN i; nation and Support\2015.01-23 Variance Cover Lir docx • Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collierxov.net (239)252-2400 FAX:(239)252-6358 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00&Code of Laws section 2-83—2-90 Chapter 3 J.of the Administrative Code PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): DR Horton, Inc. Address: 10541 Ben C Pratt 6 Mile Cypress Pkwy city: Fort Myers State: FL zip: 33966 Telephone: 239-225-2631 Cell: Fax: Fax: • E-Mail Address: jweverett@drhorton.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.coni BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. S 6/4/2014 Page 1 of 6 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 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) Property I.D. Number: 77810010080 Section/Township/Range: 24 /48 /25 Subdivision: Turnbury Preserve Unit: Lot: Block: Metes &Bounds Description: Total Acreage: Address/General Location of Subject Property: 305 Turnbury Way ADJACENT ZONING AND LAND USE Zoning Land Use N RSF3 Residential S RSF 3 Residential • E RSF3 FPL Overhead PUE W RS F 3 Residential Minimum Yard Requirements for Subject Property: Front: 30' Corner Lot: Yes ❑ No II Side: 7.5' Waterfront Lot: Yes r No n Rear: 25' Preserve: 25' Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. • Page 2 of 6 6/4/2014 • COtlw County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 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:iJwww.colliergov.netllndex.aspx?page=774. Name of Homeowner Association: Tumbury Preserve Community Association, Inc. Mailing Address: 10541 Ben C Pratt 6 Mile Cypress Pkwy City: Fort Myers State: FL ZIP: 33966 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: 411 Name of Homeowner Association: Mailing Address: City: State: ZIP: NATURE OF PETITION On a separate sheet,attached to the application, please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers,i.e.reduce front setback from 25 ft.to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be;etc. 2. For projects authorized under LDC Section 9.04.02,provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria(a-h)listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size • and characteristics of the land,structure,or building involved. 6/4/2014 Page 3 of 6 IL er Count Co 3' 11111 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collierRov.net (239)252-2400 FAX:(239)252-6358 b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land,building or structure and which promote standards of health,safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands,buildings,or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood,or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves,lakes,golf course,etc. h) Will granting the variance be consistent with the Growth Management Plan? • 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes Q No If yes,please provide copies. Page 4 of 6 6/4/2014 1 � 111, CO r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J.of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW #OF COPIES REQUIRED NOT REQUIRED Completed Application(download current form from County website) Q [� Pre-Application Meeting Notes 1 x ❑ Project Narrative 0 x El LorLPieted Adcitt's i 'R Chc°ckii,: 1 Conceptual Site Plan 24"x 36"and one 8 Y"x 11"copy 0 ©-U Survey of property showing the encroachment(measured in feet) 2 (� U A;i„�av�t or I'utr,crE2atfv';,signed and notarized 2 Deeds/Legal's 3 Location map 1 Current aerial photographs(available from Property Appraiser)with project boundary and,if vegetated,FLUCFCS Codes with legend 5 [J 0 included on aerial Historical Survey or waiver request 1 n El Environmental Data Requirements or exemption justification 3 Once the first set of review comments ore posted, provide the assigned 1 ❑ planner the Property Owner Advisory Letter and Certification Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all 2 [] 0 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. • 6/4/2014 Page 5 of 6 111) Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 Planners:Indicate if the petition needs to be routed to the following reviewers: Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application 1-1ExecutiveDirector Meeting Sign-In Sheet Addressing:Annis Moxam 17 Graphics:Mariam Ocheltree 0 City of Naples:Robin Singer,Planning Director ❑ Historical Review Comprehensive Planning:See Pre Application ❑ Immokalee Water/Sewer District: Meeting Sign-In Sheet Conservancy of SWFL:Nichole Ryan 0 Parks and Recreation:Vicky Ahmad ..m County Attorney's Office:Heidi Ashton-Cicko 0 Transportation Pathways:Stacey Revay Emergency Management:Dan Summers;and/or 1---1SchoolDistrict(Residential Components):Amy r--1 EMS:Artie Bay Heartlock Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky O Other: ❑ Utilities Engineering:Kris VanLengen FEE REQUIREMENTS 1 ❑ Pre-Application Meeting:$500.00 ❑ Variance Petition: o Residential-$2,000.00 o Non-Residential-$5,000.00 o 5th and Subsequent Review-20%of original fee O Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 O After The Fact Zoning/Land Use Petitions:2x the normal petition fee O Listed Species Survey(if EIS is not required):$1,000.00 All checks payable to:Board of County Commissioners The DM feted application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 280 orthHorseshoe Drive Naples,FL 34104 15 ' )5 Applic nt Signatt3 Date Jonathon Pentecost, Division President Printed Name Page 6 of 6 6/4/2014 6,3 3 Colir&r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Notes Petition Type: Variance Date and Time: Jan. 6,2014 10:30-11:30 a.m. Assigned Planner: Nancy Gundlach Engineering Manager(for PPL's and FP's): N/A Project Information Project Name: 305 Turnbury Way Variance PL#: VA-PL20140002843 Property ID#: 77810010080 Current Zoning: RSF-3 Project Address: 305 Turnbury WayNaples FL 34110 City: P State: Zip: Applicant: DR Horton Agent Name: Patrick Vanese Phone: 239-597-0575 Agent/Firm Address: 6610 Willow Park Drive,Suite 200 City: Naples State: FL Zip: 34109 Property Owner: Please provide the following,if applicable: i. Total Acreage: ii. Proposed#of Residential Units: N/A iii. Proposed Commercial Square Footage: N/A iv. For Amendments, indicate the original petition number: N/A v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: N/A Plat Book 53, Page 80 vi. If the project is within a Plat,provide the name and AR#/PL#: 1 Collier County 0 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 ( I Meeting Notes I - 4 A ' •! A. 1 IMO I,. : I a .t 4A 1/A.— Ae 0 re • i i ffrCo "6 r Cowl ty 0 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: Variance Chapter 3.1.of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. NOT REQUIREMENTS FOR REVIEW 4$OF COPIES REQUIRED REQUIRED Completed Application(download current form from County website, } IFP 0 Pre-Application Meeting Notes �+��, 0 1 Project Narrative 'i N.- • Completed �.Addressinp,Checklist 1 0 4" Conceptual Site Plan 24"x 36"and one 8 Y2 C� ❑ "x 11"copy •(.>' L 0 Survey of property showing the encroachment(measured in feet) 2 Affidavit of Authorization,signed and notarized 2 PTDeeds/Legal's 3 �_. �_.. Location map 1 M0 Current aerial photographs(available from Property Appraiser)with 0 project boundary and,if vegetated,FLUCFCS Codes with legend 5 27 included on aerial . Historical Survey or waiver request 1 nE-"-- /( }7 Environmental Data Requirements or exemption justification 3 0 Once the first set of review comments are posted,provide the assigned 1 ❑ planner the Property Owner Advisory Letter and Certification __ Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all 0 materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC 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. 4110 6/4/2014 Page 5 of 6 $ r9y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Planners:Indicate if the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: 2/Environmental Review:See Pre-Application Executive Director 1f4 eeting Sign-In Sheet t Addressing:Annis Moxam Utr Graphics:Mariam Ocheltree City of Naples:Robin Singer,Planning Director ❑ Historical Review ❑ Comprehensive Pianning.See Pre-Application Meeting Sign In Sheet ❑ Immokalee Water/Sewer District: I Conservancy of SWFL Nichole RyanI Parks and Recreation:Vicky Ahmad County Attorney's Office:Heidi Ashton-Cicko I Transportation Pathways:Stacey Revay ri❑ Emergency Management:Dan Summers;and/or School District(Residential Components):Amy EMS:Artie Bay Heartlock Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky 0 I Other: ❑ I Utilities Engineering:Kris VanLengen FEE REQUIREMENTS 1 / e-Application Meeting:$500.00 Te.Variance etition: Residential-$2,000.00 o Non-Residential-$5,000.00 o 5th and Subsequent Review-20%of original fee iLV timated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 [B' After The Fact Zoning/Land Use Petitions:2x the normal petition fee 0 Listed Species Survey(if EIS Is not required):$1,000.00 All checks payable to:Board of County Commissioners The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 Applicant Signature Date Printed Name 6/4/2014 Page 6 of 6 r�wr GundlachNanc PL Subject: • L20140002843 (Varience) Location: CONF ROOM"C" Start: Tue 1/6/2015 10:30 AM End: Tue 1/6/2015 11:30 AM Show Time As: Tentative Recurrence: (none) Meeting Status: Not yet responded Organizer: CDS-C Required Attendees: AhmadVicky;Amy Lockhart-Taylor(lockha@collierschools.com);AnthonyDavid; ArnoldMichelle;AshtonHeidi;AuclairClaudine; BaluchStephen; BeardLaurie; BradfordAlison; BrethauerPaula; BrownAraqueSummer; BunsterMadelin; BurtchinMark;CascioGeorge; CilekCaroline; CondominaDanny; CromerAaron; David Ogilvie; FeyEric;FleishmanPaula; HouldsworthJohn;jnaaeond@sfwmd.gov; KendallMarcia; KurtzGerald; LenbergerSteve; LevyMichael;MastrobertoThomas:McKennaJlack; McLeanMatthew;MoxamAnnis; NawrockiStefanie: PajerCraig PattersonAmy;PaulRenald; PepinEmily; pjimenez csfwrrd.gov;PodczerwinskyJohn;ReischlFred; RevayStacy; RosenblumBrett; SawyerMichael;ScottChris; Sher Hingson(shingson@enfd.org); SmithDaniel;StoneScott; StrainMark; SuleckiAlexandra; SunyakMark;TriminoEvelyn;ValeraCarolina;VanLengenKris; WalshJonathan;WeeksDavid; GundlachNancy; Michelle Gomez Planner: Nancy Gundlach Fire District: North Naples *********************************************************************** • PL20140002843.j p g Project Type: Variance Project Description: Request is for a side yard setback variance. Existing Application Name: PRBD20140721208 issued 8/27/2014 Meeting Type: Pre-Application Meeting Preferred Date: 12/29 or 12/30 anytime. Or 1/5 - 1/9 Unavailable Dates: Location: 305 Turnbury Way, Naples, FL, 34110, Parcel Number: 77810010080 Full Name: Michelle Gomez Email: mgomez(alconsult-rwa.com Company Name: RWA, Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109411110 Representing: DR Horton Contact Number: Work: 239-597-0575 Thanks 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. I 2 S&9ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnl orior 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. �.H,:,�,...�_ .,::�::::• .. ..oma., �.�,..__. �..�� 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) O LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) O PNC(Project Name Change) 0 TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) D VA(Variance) O PSP(Preliminary Subdivision Plat) 0 VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) 41111 O RZ(Standard Rezone) ❑ OTHER . LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Tumbury Preserve Lot 1 FOLIO(Property ID) NUMBER(s) of above(attach to, or associate with, legal description if more than one) 77810010080 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 305 Tumbury Way • 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) Tumbury Preserve PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP or AR or PL# Collier County le COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Check One: ® Checklist is to be Faxed back 0 Personally Picked Up APPLICANT NAME: RWA, Inc. - Michelle Rondo PHONE 239-598-0575 Fax 239-597-0578 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. 0 FOR STAFF USE ONLY FLN Number(Primary) 77810010080 Folio Number Folio Number Folio Number Approved by: Date: 1-6-2015 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED 0 1 8 S. c.,4 4 f:§ 1 i I I I*i CI) il 7 i I /1 < I 1 1 Z I til T.....• 1 4) * l< I C7) ; I i i it a 2 CS1 <5. 1 $ < .... C) Caf 1 W 1 y, I v i4- C"-C ; < 11 I 4 - ' i , -171 I.1 1 ii. i tr '1".i'44 -i - •*'''t 3- ‘N.,,v1.4%ilitl'at*.4‘,-'Nc,,,'''',447.,-„444),47.: C). C:Cuj a.. n . (\ ,,,, ,,,,, ,, , .. ... -7.,„,,"....47,: ,..4:,,,,,,,,i,'..44,,,lity. z W le, 0 z EL„, (g) 12:. < _ 100.0,0,0eriiiiszoEil (...) W ° OgLU --1 (pi ' 174"- '4 ' - — ta 0 If 001 -a .. 1,-. M CJ - Bikj• cc w w ...„......,,,...:!„--o* , a < o J ....-------- r 0 ,...„,,,...,-..0 C...) --- I— or NI- rc w .2 's I ''' • ' * co 0 ,,,, 1 A 1. 1 ......, o 0 LL - ,4 I re,,i ta'inj cc , , , I EL 74 Z („5 w 16 D co COIL) 1 . -- 7;,-7 to `444=—' 'i..' : , ' ;1 ; 1 Z i / 1 a, 2' lit 0110 h i 1 1 i 1 •, cf) j ii pl.! ii! .0I , ;I li !,1 ii 441111111111 Page 1 of 1 • Collier County Property Appraiser Property Aerial 05 TURNBURY WAY Parcel No. 77810010080 Site Adr. 3 3 , ,i. ifir " � - '� �,,, � i fid' � _ . 311 ,A,,*' s :i o ' � \kt\ k,'1. .;:.' `,.,-/,`..'7,;11..'..,, '`...1.,f4 ' ,* �ry � e� ""�7 - .' it) *,, ' '1, ,'`‘,‘, ; , . d , ' ' .g f ,7 3a K 'fie k � 40 4.„,,.4 ,,i,;„ , - ,.,.- stl„„,„4,,,, ,„0.- .:, 4b $ a. � �� gar ,' �„, k.� `� 7Jettt.� arl•:tr . w ,,,.;‘,CoIIhtrrCourntj Pi pert ,r pp,.aser Naples;F1w 115+201 8.56'05 AM " • �. .. .,..,, ....nt. . . � { a http://www.collierappraiser.com/Main_Search/RecordDetail.htrnl?FoliolD=77810010080 1/5/2015 { 1110 ENGINEERING Project Narrative VA-PL20140002843 — Turnbury Preserve Variance Request: The request is for an after-the-fact, variance from LDC Section 3.05.07. G. 3 Required Setbacks to Preserves for the single-family unit located at 305 Turnbury Way, Collier County, Florida (see attached Location Map). Project Background: Turnbury Preserve is small single-family subdivision being developed by DR Horton. It is comprised of 10 homes on a cul-de-sac located near the intersection of Livingston Road and Immokalee Road. The project's Construction Plans were approved in 2012, the project was purchased by DR Horton and the Plat was recorded in 2013, and construction began in 2014 (see attached Construction Plan Set). The subdivision is located within the RSF3 zoning district and was designed and approved in accordance to RSF3 development standards. Need for Variance: Tile variance request is for lot #l, parcel 113 #77810010080 which is located adjacent to the project's small upland preserve (see: attached Aerial). The house is 80% built, obtained the required building permit and underwent several building inspections (see attached Lot Survey and Site Plan and Building Permit Application). The house was built consistent with the same side setback as used for all the other homes: unfortunately adjacent to the preserve, a 25' setback applies rather than the minimum 7.5' side 410 setback. As such, the home encroaches the setback by 13.52' and is located 11.48' from the preserve. The attached Lot Survey and Site Plan depicts the location of the home and the setback from preserve. This survey was provided as part of the building permit application. This unfortunate oversight went unnoticed until a DR Horton representative recently noticed that the home appeared closer than 25' from the preserve. Upon closer review the encroachment was confirmed and DR Horton contacted County staff to address this issue. County staff has been very helpful in assessing the situation and providing guidance to remedy this problem through an after the fact variance. The following address criteria used by staff and Hearing Examiner to approve or deny a variance petition: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land,structure,or building involved. Yes,lot#1,unlike all the other lots in the subdivision,is located next to a small upland preserve where a 25' preserve setback applies rather than the typical 7.5' sideyard setback. Moreover,preserves are most often located in the back of homes,which in the case of RSF zoning,the minimum rear setback of 25'is consistent with the preserve setback. This particular condition led to the described oversight by the applicant, the construction company,the surveyors,and county staff that approved the construction plans and inspected the unit. b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. 110 6610 Willow Park Drive Suite 200 Naples,FL 34109 I (239)597-0575 ( Fax(239)597-0578 www.consult-rwa.com ywk. 41111 Yes, while the Applicant understands its responsibility for this subdivision, oversight on the part of contractors and County reviewers have led to this unfortunate situation. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes, the house is 80% built and literal interpretation would place a significant hardship on the applicant, contract buyer,and the contractors associated with the construction of this home. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land,building or structure and which promote standards of health,safety or welfare. Yes, the variance requested is the minimum variance needed to remedy the setback encroachment. Preserve setbacks are required to provide access to and around the preserve, to limit human encroachment into the preserve and to allow for maintenance of the abutting residential structures. I)The v ariaance will not impede access to the preserve since there is ample access to the preserve from all four sides. 2) it will ❑tn cause encroachment since this is the only home from this subdivision that abuts the preserve and the builder has clearly delineated the preserve and lot boundaries with preserve signage and landsetping on the single-family lot. Additionally, the encroachment is along the side yard which is not used for recreational purposes such as a pool, 3) The 11.48 setback provides ample space along the side of the home for access and maintenance purposes. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands,buildings,or structures in the same zoning district. No, this is the only home with this unique set of circumstances. Additionally, the 11.48'setback exceeds the minimum 7.5'side setback which applies to all other homes in that area. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood,or otherwise detrimental to the public welfare. Yes, as explained above granting of this variance does not harm public safety, health and welfare and respects the intent behind preserve setbacks. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves,lakes,golf course,etc. No,this does not apply to this situation. h)Will granting the variance be consistent with the Growth Management Plan? Yes, this variance does not cause any harm to the public and respects the intent behind the preserve setback. The LDC, in compliance with the Growth Management Plan,currently allows reduced preserve setbacks in some circumstances. This variance will not affect the character or function of the preserve in any way. 6610 Willow Park Drive Suite 200 Naples, FL 34109 I (239)597-0575 l Fax(239)597-0578 K 20141140027 00 01 Tumbury Preserve Vananyc 4; tit t a =at.11e,tt s I,a,uvr Packet\roject Narrative Rev 2-17-2015 dock 1 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to ore- application meeting, please allow 3 days for processing Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) 0 SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit 0 SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) 0 SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP(Final Plat 0 SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) 0 TDR(Transfer of Development Rights) ❑ PPL(Plans& Plat Review) ❑■ VA(Variance) ❑ PSP (Preliminary Subdivision Plat) 0 VRP(Vegetation Removal Permit) ❑ PUD Rezone 0 VRSFP(Vegetation Removal&Site Fill Permit) • ❑ RZ(Standard Rezone) 0 OTHER LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) Turnbury Preserve FOLIO(Property ID)NUMBER(s)of above (attach to, or associate with, legal description if more than one) 77810010080 STREET ADDRESS or ADDRESSES(as applicable, if already assigned) 305 Turnbury Way • 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) Turnbury Preserve PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) • SDP - or AR or PL# Cotler County 4. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104 PLANNING AND REGULATION (239)252-2400 FAX (239)252-5724 WWW.COLLIERGOV.NET Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Check One: ■❑ Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: RWA, Inc. - Michelle Rondo PHONE 239-598-0575 FAX 239-597-0578 Signature on Addressing Checklist does not constitute Project and/or Street Name approval • and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number(Primary) 77810010080 Folio Number Folio Number Folio Number Approved by: (4e,--h-4._11 �tt�vG� Date: 1-6-2015 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED • 1 i ; cp , . N. W • - CO 2 i , 1' ' , , Z 6§ ,.., -- e .r"-- . 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Ensure documents are stapled inside each set of plans. �x Residential 1 or 2 Units(Single Family/Duplex) E]Residential 3 or more Units(Multi-family)Q Commercial Permit No. Master Permit No. Parcel/Folio: 778100100330 ['Contractor DDesign Professional DOwner Builder Joh Address: 305 Tumbury Way O CBC �; 1259453 License=r State Cert/Reg.-Prefix: i 239-225-2600 i- I2 Owner's Phone No.: f Company Name: D R Horton Inc D R Horton Inc Owner's Name: O Qualifier/Professional Name: Robert Gislason cQ,� Lot: 1 Block: Unit: z Contact Name: Gay1a Scott 0 Subdivision: Tumbury Preserve C I Address: 10541 Six Mile Cypress Pkwy p Township: 48 Range: 25 __. Section: 24 U 1 City: Fort Myers State: FL fir, 33966 FEMA: RFE: 11.5 Flood Lone: AH F Phone 239-225-2600 Fax: SDP/PL: p E-mail Address: 9ksoottedrhorton.com Code Case: COA: C]Alteration [Mechanical =Clean Agent System DLP Gas CD z ®Convenience Rook (Mobile Home [=Fire Alarm ( Pre-Engineered Fire 6 QDemo New Construction et (=Fire Alarm Monitoring ' IjSuppression F [=Door/Window [=Plumbing t:. F ©Fire Pumps inStandpipes m E [DElectric/Low Voltage I_]Pool L,,.4.4 [=Fire Fire Sprinkler System pSpray Booths ti pElectric from House ORe-roof OL (=Fossil Fuel Storage System [Menu O I:6 tat tri OFence I=Screen Enclosure n. tL; Qlloods C]t.nderground Fire I Met tar e. ! =Kitts QShutter F i- i JMarinc DSign!Flagpole OTHER [DlSolar 1 Private Provider ®Plumbing z WNoo-sprinkled [Sprinkled O ®Roofing ®Electrical 02 < 0 Septic Q Low Voltage L. Lai DIA MIB MITA ©IIB 'n ' ®Shutters ! ix,Mechanical I- F (IIIA (DRIB DIVA (DNB Ci (DI Permit by Affidavit zzDVA 0VB U, Occupancy C'lassificationtst: Description of Work: New Construction-SFR { 1 Z O 4tProject Name: Declared Value S: 306.048-89 a . ti ALTERATION WORK AREA-SOS FT, Z E„ Ifapplicable: #Stories/Floors: 2 #Units:2 #Tons:6.5 U3 I RESIDENTIAL: 40 #Bedrooms:4_#Baths:_ Living: Nonliving: a RESIDENTIAL: Living:3,103 Non-living:976 Total sq.ft.:4,079 TOTAL SQ.FT.: Q. I COMMERCIAL: COMMERCIAL: Interior: _ Exterior: #Fixtures: Interior: Exterior: Total: TOTAL SQ.FT.: 6 SEWAGE: f`t 0 Septic Q Ave Maria QCity of Naples I]Collier County 0 Golden Gate City I =Immakalec 0 Orange tree (DJ Other F WATER SUPPLY: 1 Well Ave Maria DCity of Na les 0 Collier County =Golden Gate Litt; 0 Immokalee E3 Oranle Tree CI Other j Application/Plans Discrepancies-Customer Acknowledgement of possible rejection for the following missed information: I.Square footage does not match_ 2.Occupancy Classification not provided 3.Construction type not provided 4.No Certified site plans LUNE 2,2014 ddp-PMR Date:` Days Review: # Set of Plans: QUALIFIERS PAGE ACKNOWLEDGEMENT OF COLLIER COUNTY REGULATIONS Application is hereby made to obtain a permit to do the work and installations as indicated I certify that no work or installation has 1110 commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. The permit or application fee may have additional fees imposed for failing to obtain permits prior to commencement of construction The approved permit and/or permit application expires if not commenced within 180 days from the date of issuance. The permittee further understands that only licensed contractors may be employed and that the structure will not be used or occupied until a certificate of occupancy is issued, By signing this permit application. I agree that I have been retained by the owner/permittee to provide contracting services for the trade for which I am listed. Furthermore, it is my responsibility to notify the Building Review and Permitting Department should I no longer be the contractor responsible for providing said contracting services, I further agree that I understand that the review and issuing of this permit does not exempt me from complying with all County Codes and Ordinances. It is further understood that the property owner/permittee is the owner of the permit. Note: If change of contractor, please provide the following: Permit Number: _ ...... 1 E-mail Address: Tel COMPANY NAME; D R Horton Inc STATE LICENSE No CCB1259453 QUALIFIER'S NAME(PRINT): Robert M Gislason QUALIFIER'S SIGNAL l'RE: 144 �-N---.._ WN � STATE OF: FLORIDA COUNTY OF: LEE _ SWORN TO(OR AFFIRMED)AND SUBSCRIBED BEFORE ME THIS 1 i 7_ ,' 1 y.. WHO IS PERSONALLY KNO1b\ XXXX..OR AS PRODUCED ID � TYPE OF ID: NOTARY PUBLIC SIGNATU<Rf ,,,_°).,., \ - *. « (SEAL) NOTICE IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY, AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICT,STATE AGENCIES,OR FEDERAL AGENCIES. WARNING OF POSSIBLE DEED RESTRICTIONS THE LAND SUBJECT TO THIS PERMIT MAY BE SUBJECT TO DEED, AND OTHER RESTRICTIONS THAT MAY LIMIT OR IMPAIR THE LANDOWNER'S RIGHTS. COLLIER COUNTY IS NOT RESPONSIBLE FOR THE ENFORCEMENT OF THESE RESTRICTIONS, NOR ARE COLLIER COUNTY EMPLOYEES AUTHORIZED TO PROVIDE LEGAL OR BUSINESS ADVICE TO THE PUBLIC RELATIVE TO THESE RESTRICTIONS. THE LANDOWNER OR ANY APPLICANT ACTING ON BEHALF OF THE LANDOWNER IS CAUTIONED TO SEEK PROFESSIONAL ADVICE. WARNING ON WORK IN COUNTY RIGHT-OF-WAYS THIS PERMIT DOES NOT AUTHORIZE CONSTRUCTION OR INSTALLATION OF ANY STRUCTURE OR UTILITY, ABOVE OR BELOW GROUND, WITHIN ANY RIGHT-OF-WAY OR EASEMENT RESERVED FOR ACCESS,DRAINAGE OR UTILITY PURPOSES. THIS RESTRICTION SPECIFICALLY PROHIBITS FENCING, SPRINKLER SYSTEMS, LANDSCAPING OTHER THAN SOD, SIGNS, WATER, SEWER, CABLE AND DRAINAGE WORK THEREIN. IF SUCH IMPROVEMENTS ARE NECESSARY, A SEPARATE PERMIT FOR THAT PURPOSE MUST BE OBTAINED FROM TRANSPORTATION/ROW PERMITS AND INSPECTIONS(239)252.8192. ARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF OMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR MPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN INANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY EFORE RECORDING YOUR NOTICE OF COMMENCEMENT. Per Florida Statutes 7 t 3 t35 a Notice of Commencement(NOC)is required for construction of improvements totaling more than 52.500.with certain exceptions For A 411 Replacements a notice of commencement is required for improvements more than 57,500. '.. The applicantshall file with the issuing authority prior to the first inspection either a certified copy of the recorded NOC or a notarized statement that the NOC has been filed for recording,along with a copy thereof In order to comply with the state requirementpermits will be placed in inspection hold until proof of the NOC is filed with the building permitting and inspection department. The issuing authority shall not perform or approve subsequent inspections until the applicant files by mail facsimile,hand deliveryemail or any other means such certified copy voth the issuing authority ACKNOWLEDGEMENT OF COLLIER COUNTY REGULATIONS 0 Per friuno,'Matures i'13 t a6 a Nouce of Corr°,venzamera(NMI winced for construction of Improvements totaling more than$2,500,with certain exceptions For/VC Replacements n notice or cvrternencssment ts re inner for improvements more than$7,500. "tire a...,i...st.P.el the with the leering Outhrniy rrxq;to the tsrOYinaoee.tion either a certified copy of the recorded NOC or a notarized statement that the NOC 1, tc.mn'ler,to rr cr'ra,ng,alma', yiattt a.opy'Ihereaf. In order le crunpiy.i n ti e stat.req, ,'re': 'Permits well be plated an inspection hold until proof of the NOC is riled with the building permitting and rose cion cce t—I. estne y.,s,i,ng aelnonly n,ai not perform dr rgp=ove'subsequent inspections until the applicant files by mai,facsimile,hand delivery,e!rtizil or any other means evens cer'F .Grope noth itua fewer;HUM Drily. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. The approved permit and/or permit application expires if not commenced within six(6)months from the date of issuance The permit or application fee will be four times the amount of tht:permit tee, if woes is started vrtllout an approved permitThe permittee further understands that onry licensed contractors may be employed arta that the Stmetirlt art/not be used cr occupied until a certificate of occupancy is issued. By signing this permit apiiicatior.I agree Chat I have been retained t y Me owner/pernaltte to provide contracting services for the trade for which I am listed. r untie " 't it is rot resoonsibitity to notify the Customer Servii section of the Building Review and Permitting Department should I no linger oe the contractor responsible tot providing sale€ contracting services. I further agree that I understand that the review and'issuing of tills permit does not exempt tele from comptyirg with all County Codes and Ordinances It is further understood thr.r the property owrefPpermittee is ttse owner of the pewit WARNING OF POSSIBLE DEED RESTRICTIONS THE LAND SUBJECT TO THIS PERMIT MAY BE SUBJECT TO DEED,AND OTHER RESTRICTIONS THAT MAY LIMIT OR IMPAIR THE LANDOWNER'S RIGHTS. COLLIER COUNTY IS NOT RESPONSIBLE FOR THE ENFORCEMENT OF THESE RESTRICTIONS,NOR ARE COLLIER COUNTY EMPLOYEES AUTHORIZED TO PROVIDE LEGAL OR BUSINESS ADVICE TO THE PUBLIC RELATIVE TO THESE RESTRICTIONS. THE LANDOWNER OR ANY APPLICANT ACTING ON BEHALF OF THE 9 LANDOWNER IS CAUTIONED TO SEE PROFESSIONAL ADVICE. WARNING ON WORK IN COUNTY RIGHT-OF-WAYS This permit does not authorize construction or installation of any structure or utility,above or below ground,within any right-of-way or easement reserved for access,drainage or utility purposes. This restriction specifically prohibits fencing, sprinkler systems, landscaping other than sod, signs, water, sewer, cable and drainage work therein. If such Improvements are necessary,a separate permit for that purpose must be obtained from Transportation/ROW Permits and Inspections(239)252-5767. NOTICE: In addition to the requirements of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management district, state agencies, or federal agencies. CONVENIENCE BOOKS A convenience book can be purchased for a;r conditioning,water heaters,or residential garage doors(size for size). They They not be used for work havint. a value of(ver $6000 They art not valid for work in the Right of Way= A separate ROW permit most be obtained Re'I Plicai'ons are allowed fur convenience permts. The permit must be complotety rt cd out by yors prior to commencing the wort,and the job-she copy posted at the riectric meter. it is your responsibility to ensure the documents are posted correctly sod sacurpty. Inspections must be calla/for within 24 haws of work completion. A permit to not required for a water heater under 62 gallons fora single family detached house On,,, Realdrrntial garage doors need NOA or Florida Product Approval, Approval number*must be written on the convenience permit. Approval most be on tha jot aite With the copy et the permit Convenience permits can be delivered or Faxed to the office at(239#–252.3990. Company Name: DR Honnn Inc State t.oerlse#;CBC1259453 Qualifier's Name Robert to civasonQualifier's Signature / >_ ., > , '4-t``1 , — State of Fonda County of Lee "`��,,., „ Sworn to(or affirmed)and subscribed before me this 03 /03 2014 Who is personally known xx OR Produced ID Type of ID_..._ Notary Public Name t. i (SEAL) i Notary Public Signature \ m �vt `wT AMY VETTEA r • _ MY COMMISSION C EE 204651 EXPIRES:June 23 2016 rF,,;,, 13,00 d Thhi.0er`f f'U41c t.1-4.-....A.., ) rn SUBCONTRACTOR AFFIRMATION • 0 PERMIT ti _ _ JOB ADDRESS __..___ " i,,1,,., ,,a_.at�t�. cd ti the Qualifier syttri,inw ;lido' T_ _ Electrical Cant ract ei 0 Low Voltage Cnntractor Company Name: - State License _ -- .. :_. --.._- - r Email Address: -__- w. _ Qualifier's Name .e._ , - ..-- Q.ualilier's Signature State of--_ _ ' County of __ - Sworn to (Or affirmed)}and subscribed before me this J 1 Fe Who is personally known ( f OR Produced IDL I t _ i . Type of ID 'SEAL) Notary Public Name_. _ __.. _ Notary Public Signature_ . Plumbing Contractor Company t.an e. State ti ens *• _ ,._ _ -. .._. Email Address: Quanfier's Name ...„_,......... __.__ Qualifier's Signal tie ,_ ,. ._. State of_ Courtly of Sworn to(or affirmed)and subscribed before me this / / Who is personally known [ II OR Produced 101-1 Type of ID _______ ___---- ________ (SEA].) Notary Public Nam4 e ... -.-.�--.-_.. Notary Public Signature ---- --__-•- r Mechanicalo� Conrr'actor �tr�r ` Name: DeSear Air Conditioning State License it CAC F y s Email Address '_.S ""`'.t -.r�-- L/:f �t.i}�,ftcrcinti ec):- _ Chad DeSear Qvalifier's Sig, -'':r= Qualifier's Name Florida ,County of Coaier state of t - : S11 wat n to (or affinnedi anti subscribed before meths 1_ Who is personally known FW1,OR Produced 10(.'��l r . i Type of!D st `,.;�_ 1.__--- ' r f moi- 1 ?iE4 * ' ra _..»m --..._ «.......................««. (c' i P F-,',,,*----,,,,,,,--.Fop .4 '•; t Notary Public Signature ,....,....._ Roofing Contractor Company Name State License it: _ Email Address: _..-� —_� Qualifier's Name _, ____ Qualifiers Signature _ State of , County of Sworn to 1,oi affirmed)and subscribed before me this __ / r r q 1'et Juu tl :... J VV IVi.I is iil':i jultki lI)'iCt1001 i ;�' Type of1D -m.. — Notary Public Name Notary Poolic Signature ____ ._. _ .. __ , .. .. } 0 SUBCONTRACTOR AFFIRMATION PERMIT## JOB ADDRESS _ __ . ___ To be corn le:ed by the Qualifier workina under GC. Electrical Contractor Q Low Voltage Contractor Company Name: _ _.... State License Email Address: ..,, Qualifier's Name w ..... Qualifier's Signature _. �.._..._ ....._. State of __ ... . _,.1 County of Sworn to(or affirmed)and subscribed before me this / / Who is personally known 0 OR Produced ID= Type of ID Notary Pubic NameT._...__......... -- (SEAL). .� (SEA ) Notary Public clEnatot'r= Plumbing Coat r-act or , Company Name: Tranquility Plumbing Inc_ State License#: CFC057314 / , / r"` Email Address, �- �� `� *` Qualifier's Name Patricia B Nicholson-Foust Qualifier's*nature % 6A -- State of Florida _,County of Lee I Sworn to(or affirmed) and subscribed before me this rn ' ",m''''''''/ INA y Y< OUNG ,l Who is personally known ® OR Produced IDI I x"'`'i. MY COMMISSION stfil029190 T e oft I D t"'• MIMES:JUN 19,2017 yp• Banded tltr J 1st State Maurine t Notary Public Name ( t r ° c." i_.. (SEA a ( Notary Public Signet(r ,�� C--art'IiJ`tt ` Mechanical Contractor Mr Company Name: _ State:License M: Email Address: . __. Qualifier's Nang: Qualifier's Signature State of _.County of _ Sworn to (or affirmed)and subscribed before me this / / Who is personally known ( ( OR Produced 1D1 Type of ID Notary Public Name (SEAL) Notary Public Signature Roofing Contractor Company Namc:_ State License#t Email Address. Qualifier's Nan l: Qualifier's Signature State of ,County of Sworn to(or affirmed) and subscribed before me this I I. Who is personally known r-i OR Produced IDI Type of ID Notary Public Name (SEAL) NotaryPobb Sig natur<> 0 12/6/2012 ( SUBCONTRACTOR AFFIRMATION IIPERMIT ft. ,... ...... µ.,_ JOB ADDRESS _ To be corn lcted by the Qualifier workin'under GGC. Electrical Contractor 0 Low Voltage Contractor Company Name: _.____ State License#: _ Email Address: Qualifier's Name. Qualifier's Signature State of _.._ :County of ., . Sworn to (or affirmed) and subscribed before me this / / Who is personally known 0 OR Produced ID= „. €,_. .,,e,SE ��` Type of to " e`fz .t PJ Notary Public e . .._. __ ry' (SE. ' NREM: ur," 06 t Notary Public Signature , Plumping Contractor I Company Name: State License# 1 Email Address:_.._... 1 Qualifier's Name __ _ Qualifier's Signature . _ State of __ ,County of _.. .. _.._ Sworn to (or affirmed) and subscribed before me this / l,... ., Who is personally known 1 I OR Produced IDn Type of ID._._ _ _ .._ ,..... Notaiy Public Name (SEAL) ID Notary Public Signature Mechanical Contractor Company Name: _ _..... State License#:_ Email Address:...._.._ _.._..._. Qualifier's Name Qualifier's Signature State of _ , County of T, Sworn to (or affirmed) and subscribed before me this / / _, Who is personally known ( 1 OR Produced IDI I Type of ID Notary Public Name __ (SEAL) Notary Public Signature r......,, .... M _ Roofing Contractor Company Name: RLK Construction of Naples Inc State License#: CCC1325624 Email Address: Qualifier's Name ReDinaid Kreilich Qualifier's Signature . .'(// State of Florida ,County of ted r Sworn to(or affirmed) and subscribed before me this 3 / 3 /_ __ Who is personally known ( X I OR Produced 1DED Type of IQ_..............._ ,.,, o-owx:Pv° ic CNAHISSEILFUIRDEGREE ----- 4.7.1., y ,k MY COMMISSION A EE 172303 Notary Publ�Name6rFSE• _ EXPIRES:Jene23,201E Notary Public Signature �'44coo. 6 ithuB je?NoldySaYit:s41/ 12/6/2012 _..._..__....... . SUBCONTRACTOR AFFIRMATION 41110 PERMIT# JOB ADDRESS To be Com leted b'the.Qualifier taiorkm i under GC. Electrical Contractor 0 Low Voltage Contractor Company Name: Gator Electrical Contractors,Inc State License#: EC13001706 Email Address: gatijrelectric@camcast„net air t Qualifier's Name David J Hamman Qualifier's Signature State of Florida ,County of LEE Sworn to(or affirmed)and subscribed before me this I / / ` .,, Who is personally known 11 OR Produced ID= ....,,,. ., TONY RINHERFORD ' Type of ID. ..._. _ �w LIT GONIMSSICN IEEaeras ✓,;.,,':” EXPIRES:June 25,2017 Notary Public Name Tony J Rutherford ( f.,; . B°"de0 iln'art Podk Itdenrion Notary Public Signature „_ : i Plumbing Contractor i Company Name __ State License tf;�,,. Email Address: Qualifier's Name Qualifier's Signature State of ,County of Sworn to(or affirmed)and subscribed before me this / / Who is personally known EJ OR Produced IDD Type of ID 41111 Notary Public Name (SEAL) Notary Public Signature Mechanical Contractor Company Name: State License it: Email Address: Qualifier s Name�_. Qualifier's Signature , State of County of Sworn to(or affirmed)and subscribed before me this / / Who is personally known El OR Produced ID= Type of ID Notary Public Name (SEAL) Notary Public Signature Roofing Contractor Company Name: State license#: Email Address: Qualifier's Name_ Qualifier's Signature State of ,County of Sworn to(or affirmed)and subscribed before me this / / Who is personally known n OR Produced IDI I Type of ID Notary Public Name _ (SEAL) i OD Notary Public Signature 12/6/2012 I I TURNRURY TURN©VRY P13 15 PCS 62 - 63 P9 19 PGS 62 - 63 LOT 9 LOT 13 • vi, �00.11SE mA A e i N 00'03'44' E 84.00' (PAA) 1O 0 I I q ""L N A gut 4. n# n Ag tCe t N 14 4 • I .. y z o OM a XI gL _ w Alt+ i -?.34 11 {} r_tlyI❑u R s 'F^ �b� Mc4.. •N1 c. 8 I ,. wAtx 11.4 00'0570" . .30' (F't41..) `, f w v %i (AE.PUE.CUE.DE) (AE.PUL at.DE) T. 5� g -+r- oats'132.4S CC) a (e.aa) TURNBURY WAY (as' R/W) 0 x p#g? 114Ri ID,N rte. 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" OF *ERN I ^“ eE" t) , EK.Lisict IA 5: , McANLY ENGINEERING .r \\., s - 040114060.1.C. 1 RARNSURY PRESERVE ANO OESIG ,N WC. •' \1/4 72 i r —— _, cno, Turnbury Preserve VA-PL20140002843 Preserve and Setback Photos 8,.t . 11,•-• 'rte; t '� 1.4 4411100111 � 4 pLiti itiOr • *} rte' r k (-7:771' d . --.44-211%050 , • . Y I, : .,........ , ,.... „------- - '''''----ft4.---it 41, • ....... , •A t.i ., 1 fl • ..„,,,„,. ; :1 , k. - - • 6: ,- ''''"'•• - , - '., • _! LT •••.'" - .....- ,,- ill. -•'..•• .10111.44 4141111ftw..........„, 41111111101"1110606.7 .4. VOIN06, '. • •(''• • . r. p r',01.5 2 ... .1", , 4, , ..,,,. it,, - 4' II ,. •. t . ..... t , , 4. . 4 4,4 1 .„,, . . 1, • . . !, ,.. _ _ 0 , , , . ; .i„ 1 1 , ..,-1,„„.-7.-i. ' 'it , ' i . . / , , ,..z. „ ,...• - „ i I ,,, ,,.' ,,,„„__ 4 3 , , . ., , i \ A , • amlattiiiir _ , • . , •" .1.4.,.. :- ,t,'" , , ,,,,,r, A.,: - At. AS.A. A., .:; .,... , .._ 1 ,...... , •• ,• , .---, -.....,.. , - • , _-_,A4 •-r---„'llty4i,„4.1. e, --- • : ...• .. 4ilittil..;. .., . :# AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I, io Oon r r h:< t (print name),as Division President (title, if applicable)of o R Horton,Inc. (company, If applicable), swear or affirm under oath,that I am the(choose one)owner ,c. lapplicantncontract purchaser! land that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Patrick Vanessa.AICP,of RWA,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.pies. • 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 thearirTiq a trust, then they must include the trustee's name and the words'as trustee". • In instance, first determine the applicant's status, e.g., individual, corporate, trust partnership, and then the appropr to 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. )•15•)5 m Signature '` Date (\\ STATE OF FLORIDA COUNTY OF COLLIER The foregoi instrument was sworn to(or affirmed)and subscribed before me on 1,16s.I (date) by o h a r.,� a mos (name of person providing oath oraffirmation), as who is personally known to me or who has produced (type of identification) as identification. STAMP/SEAL SIgnatu a of¢Iptary Public • `T `"r KAY PLEIN t; 4• NW COMMISSlOt «rrnr54g2 EXP)HFS March t3. 2018 (407)398-0153 Flor'dallotarvService cam411 CP108-COA-0011 Si 155 REV 3/24/(4 .............................._ INSTR 4956450 OR 5017 PG 2196 RECORDED 3/18/2014 10:00 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $5,600.00 REC $18.50 CONS $800,000.00 • 1111 This Document was prepared without examination or opinion of title by: Michael A. Durant BealCONROY, CONROY & D17RANT, P.A. 2210 Vanderbilt Beach Road, Suite 1201 Naples, Florida 34109 ParcdIDnomber: 00165402103 and 00163040004 Warranty Deed This Indenture, Made this � day of March , 2014 AD-. Between Bessette Properties, LLC, a Florida limited liability company, whose address is: 19731 Marino Lake Cir, #901, Miramar Lakes, FL 33913, of the Count)' or Droward """"" Stater of Florida ,grantor, and D.R. Horton, Inc, aDela�wadc�CSt ,0,� wfiosc addrrss is: 10541 Ben Pratt,53.k Mile Cypress *$wx, #100 Fort Myers, FL 3,9.66 . of the County of Lee ;._ ,t� State of, Florida ,grantee. Witnesseth that the GRANTOR for and in ronssdera ion ofd, '"s DOLLARS, and other good and valuable constdirauogito ORA1Nim ir h *Lb, 1 E; the tecrrpt whereof is hereby acknowledged, has granted,bargained and sold to the said f RAWK,„: tRJ�trh hers:tut and mitts forever,the following described land,situate, lying and being in the County of CO7 lsdr Stu of ' orida to wit: Lots 1 through 10, irs lusive, of TUBI"BU,RX r'PRESERVE, according to the Plat thereof, recorded'ira., Plat Book 53, ',Pate'80, of the Public Records of Collier CaurLtyr 1Ooridal, - \ Subject to ad valorem and non-ad valorem real property taxes for the year of closing and subsequent years; zoning, building code and other use restrictions imposed by governmental authority; outstanding oil gas and mineral interest of record, if any; restrictions, reservations and easements common to the subdivision. Together with all tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining. To Have and to Bold, the same in fee simple forever. ti and the grantor doea hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. i,.. l.aeK Gamnvd by 0 171.4Ny 6yaemi,lac,1511 (867)767-5555 Fan 11.WD-2 *** OR 5017 PG 2197 *** III Warranty Deed -Page 2 Parcel ID Number. 00165402103 and 00163040004 In Witness%Thereof,the grantor has hereunto set its band and seal the day and year fust above written. Signed,sealed and delivered in our presence: Beasette Properties, LLC, a Florida limited liability company • ...041 By: ...:.,.„r'%..f' (Seal) •rinted Name:y"rn[It„ , r.' , 0 Dana P. Bessette Witness Managing Member P.O.Address:19731 Marino Lake Circle N901 Miramar Wccs,FL 33913 Printed am t ' ' �r i`. Witness STATE OF Florida _ - COUNTY OF I .t,, e>,r The foregoing 'instrument was a Aro}.^teigcd ix{J`oretgc ibis i 5�� day oft` t if.aLCh ,2014 byill Dana P. Bee eette, tialnaginif Iletaner Of ,essette PrPpertiesa, LLC, a Florida limited liabila ...`° > r ._ who is personally known lo me or who has producrd hsYµ,1' e 51`rkntiCteistxl. /4 y 'ef' le f i 4 ma i ,, ^ f!i.-t"..--9/1-1.-- j/IF T Cf;V..N. 5s mei.Expires: e,�ta+ Notary Public stats a Florida IAmy Lynn Dersdt +� t IAy Commission EE102662 4 ala or Expires 06/13/2015 BEta8E1TE-012}10117` Law Gewu.d5 0oupiySn,ma,Wc.2014 (sal)165.5(11Tom 5LW-2 t • .pz VI- * .--...--.‘ '' t :i ii" 11!) / . c 0. ...„ ...,,..„ ,.. .. ...... : . . 0 11-1_...y I +moi'° „„ ` i. �� i.a- 0 'fie A, n "M a i� Q> :;:"� r 9-.. a _ �- ,_„.?. K "t a �.• y Ib ti'f w ,,.it..,3Y ,,r., iw4 t _ ' 0. . L ,. a ,t > *,t .*„.. 4" w j �� .a Pre .t` 'i 0 Ps ! =.i1 . i_ i n Ti • # 1.. #, i . 41. w is +� t 11 .... , +y�, I, t " - , I ..v •.., R t a , # ''ii <#.: , i L t t • t 3 ., '�. fit T- * � +.� .. !� _::' . ,3�' %�� .at 7 A a {. .. ., t �` _9i E • Page I r,l Collier County Property Appraiser Property Aerial Parcel No. 77810010080 Site Adr. 305 TURNBURY WAY t 4,, „. ., ... / tit., r ir,... rr', 4, a f i ", a :Iv a F_ i 0*: '.II"'. ' ';',Fiodt411:-.4. *A.0. ,', 410 , i' 4:-#-4' -,-- ' i444* ....E t -" 5 '' ,.: 1fl" a' . %/7,.......,r An, +c, Collier County Property.Appraiser.Naples.It__,1'5`20153,5C ;F° ve ` 't=-,, x..- , • http://www.collierappraiser.com/Main Search/RecordDetail.html?Folio1D=77810010080 1/5/2015 Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: 2015223875 Transaction Number: 2015-004343 Date Paid: 01/28/2015 Amount Due: $4,425.00 Payment Details: Payment Method Amount Paid Check Number Check $4,925.00 733405 Amount Paid: $4,925.00 Change / Overage: $500.00 Contact: DRH Inc. South Disb Account 301 Commerce Street, Suite 500 Fort Worth, FL 76102 FEE DETAILS: fee Description Reference Number Original Amount GL Account Fee E ..l. Credit PL20140002843 $4,000.00 $500.00 131-138326-341280 GL Transfer PL20140002843 $4,000.00 $500.00 131-138326-341276 0 Variance (residential) PL20140002843 $4,000.00 $3,500.00 131-138326-341280 Legal Advertising Fee PL20140002843 $925.00 $925.00 131-138326-341950 Cashier Name: LeaDerence Batch Number: 4220 Entered By: paulabrethauer AGENDA ITEM 46 Co er CO.Vi.ty STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION HEARING: MARCH 26,2015 SUBJECT: ZVL(CUD)-PL20150000116, CREEKSIDE COMMERCE PARK CPUD PROPERTY OWNER/APPLICANT/AGENT: Owner: Creekside East, Inc. 2600 Golden Gate Parkway Naples,FL 34105 Agent: D. Wayne Arnold,AICP Q. Grady Minor& Associates,P.A. 3800 Via Del Rey Bonita Springs, Fl 34134 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 doughnut shop is comparable and compatible to the other permitted uses in the Business District of the Creekside Commerce Park CPUD. GEOGRAPHIC LOCATION: The Creekside Commerce Park CPUD is 105± acres, lying on the east and west sides of Goodlette-Frank Road south of Immokalee Road. The property affected by this decision is a 7.81 acre parcel on the southeast corner of Immokalee Road and Goodlette-Frank Road. ZVL(CUD)-PL20150000116 Page 1 of 5 Creekside Commerce Park CPUD SURROUNDING LAND USE& ZONING: Subject Site: Partially developed commercial subdivision North: Immokalee Road ROW, across which are residences and commercial buildings; zoned Collier Tract 22 PUD, Collier Health Center PUD and North Naples Medical Park PUD East: Commercial buildings; zoned Southwest Professional Health Park PUD South: Golf course and residences; zoned Pelican Marsh PUD West: Commercial building; zoned Naples Daily News BPPUD 1i + i-:3 of 1.� A SRF-.it: ,...,-_....F`" , ::1101 t @ n''rF ^_ xi 1 Y. ,lid' � '' ititzi s ir. -..'^tom,• '`A",y .O ,. L. & 1 114k IOW r Aerial Photo (CCPA) -_____.._.---.=. MUM WS I 11 l S ,!i / /l` r}QMH! 11 I 1111 ;�. "Yum tor � 0 Iam, , ' -moi � '. � `.: .. �•• ,' ' - j w,n ti.\ yy A i , ` = __— MEQ .R a ' Ol. )xssx 'i _, I ' It Detail of PUD Master Plan Detail of Zoning Map ZVL(CUD)-PL20150000116 Page 2 of 5 Creekside Commerce Park CPUD PURPOSE/DESCRIPTION OF PROJECT: The Applicant wishes to construct a retail doughnut shop with a pick-up window in the Business District of the Creekside Commerce Park CPUD. The PUD does not specifically permit the use of a retail doughnut shop with a pick-up window, however, Section 4.3.A.15 of the PUD states "any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator 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. ANALYSIS: The Applicant states that doughnut shops (SIC Code 5461) fall under the same Major Group (Food Stores) as Convenience stores (5411) which are permitted in the Business District of the PUD. In addition, coffee shops (5812) — often a very similar business to doughnut shops—are classified under the same SIC Code as eating places, a permitted use. Therefore, it is the opinion of the Planning Manager that doughnut shops are a permitted use in the Business District of the Creekside Commerce Park PUD. The Applicant also requested a determination that a pick-up window be permitted in conjunction with a doughnut shop. Section 4.3.A.8 of the PUD permits eating places "not including fast food and drive-thru restaurants" (emphasis added). Section 4.3.A.15 states that other potential permitted uses shall be clearly consistent with the intent and purpose; therefore, since a doughnut shop, as it is proposed to operate, may be considered an eating place (restaurant), drive-thru restaurants are prohibited by the PUD. The LDC and PUD utilize SIC Codes to describe uses. The latest edition of the SIC Manual was published in 1987. A more up-to-date reference is NAICS. NAICS lists the retailing of baked goods (such as doughnuts) that provide on-site consumption under "Limited-Service Eating Places" (#72221). The cross-reference to the SIC lists this use as the same as "Eating Places" (SIC #5813) which is subject to the prohibition on the drive-through service. It is the determination of the Planning Manager that the use of doughnut shop is comparable and compatible to the other permitted uses in the Business District of the Creekside Commerce Park PUD; however, the PUD prohibits a doughnut shop with a pick-up window. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report for Petition ZVL(CUD)- PL201400002784 on March 6,2015. SAS ZVL(CUD)-PL20150000116 Page 3 of 5 Creekside Commerce Park CPUD STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner affirm the opinion of the Zoning Manager that the use of doughnut shop, without a drive-thni window, is comparable and compatible to other permitted uses in the Business District of the Creekside Commerce Park CPUD. Attachments: A. Zoning Verification Letter. B. Creekside Commerce Park CPUD C. Application ZVL(CUD)-PL20150000116 Page 4 of 5 Creekside Commerce Park CPUD PREPARED BY: FRED REISCHL,AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: AP • - I 3' 6 '/6 RAYMI V. BELLOWS,ZONING MANAC, .' - - DATE ZONIN "► DIVISION MICHAEL BOSI,AICP, DIRECTOR DATE ZONING DIVISION ZVL(CUD)-PL20150000116 Page 5 of 5 Creekside Commerce Park CPUD ihrea° le-r ....cvu.-inty Growth Management Division Planning &Zoning February 20, 2015 Wayne Arnold, AICP Q. Grady Minor &Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Re: Zoning Verification Letter ZVL(CUD)-PL20150000116; Creekside Commerce Center PUD, Collier County, Florida, Folio Number 29331180609 Dear Mr. Arnold: Thank you for your request for a Comparable Use Determination. The subject property is zoned Planned Unit Development (Creekside Commerce Center PUD). You requested a determination that a retail doughnut shop with a pick-up window is a permitted use in the Business District of the Creekside Commerce Center PUD. The PUD does not specifically permit the use of a retail doughnut shop with a pick-up window, however, Section 4.3.A.15 of the PUD states "any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in the district." Your application states that doughnut shops (SIC Code 5461)fall under the same Major Group (Food Stores) as Convenience stores (5411) which are permitted in the Business District of the PUD. In addition, coffee shops (5812) — often a very similar business to doughnut shops — are classed under the same SIC Code as eating places, a permitted use. Therefore, it is the opinion of the Planning Manager that doughnut shops are a permitted use in the Business District of the Creekside Commerce Park PUD. You also requested a determination that a pick-up window be permitted in conjunction with a doughnut shop. Section 4.3.A.8 of the PUD permits eating places "not including fast food and drive-thru restaurants" (emphasis added). Section 4.3.A.15 states that other potential permitted uses shall be clearly consistent with the intent and purpose; therefore, since a doughnut shop can be classified as an eating place (restaurant), drive-thru restaurants are prohibited. It is the determination of the Planning Manager that the use of doughnut shop is comparable and compatible to the other permitted uses in the Business District of the Creekside Commerce Park PUD; however, the PUD prohibits a doughnut shop with a pick-up window. Please note that this determination requires affirmation and/or appeal by the Hearing Examiner. You will be notified of the hearing date. Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104.239-252-2400•www.00lriergov.net 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. 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: A Fred Reischl, AICP, Principal Planner Rayma;d V. Bellows, Zoning Manager Planning &Zoning Planning & Zoning cc Anis Moxam,Addressing Laurie Beard,PUD Monitoring Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Zoning Verification Letter- Comparable Use Determination LDC sections 2.03.00 A, 10.02.06 &Code of Laws section 2-83—2-90 Chanter 3 G.6 of the Administrative Code PROJECT NUMBER Creekside East Inc. PROJECT NAME ZVL CUD - PL20150000116 DATE PROCESSED Date: 1-21-2015 _ Due: 2-21-2015 Y PUD Zoning District Straight Zoning District APPLICANT CONTACT INFORMATION Name of Applicant(s): Creekside East Inc. Address: 2600 Golden Gate Pkwy City: Naples State: FL ZIP: 34105 Telephone: 239.262.2600 Cell: Fax: 239.261.1797 E-Mail Address: dgenson@barroncollier.com D. Wayne Arnold, AICP Name of Agent: Firm: Q. Grady Minor and Associates, P.A. City.Address: 3800 Via Del Rey Ci Bonita Springs State: FL ZIP: 34134 Telephone: 239.947.1144 Cell: Fax: 239.947.0375 E-Mail Address: warnold@gradyminor.com PROPERTY INFORMATION Site Address: No site address at this time Folio Number: 29331180609 Property Owners Name: Creekside East Inc. 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 Donut shop-5461 is comparable and compatible with the permitted uses in the Creeks'"Commerce Palk PUD or in the Straight Zoning District." 9/25/2014 Page 1 of 2 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE 411/ 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 REQUIREDD Completed Application (download current form from County ❑ ❑ — website) — Determination request and the justification for the use r Q D PUD Ordinance and Development Commitment information E E D Electronic Copies of all documents *Please advise: The Office of the Hearing Examiner requires all ❑ x❑ ❑ materials to be submitted electronically in PDF format. I 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 FEE REQUIREMENTS: ❑ Application: $1,000.00; Additional Fees of$100 per hour will be charged as needed upon completion of review and research. Payment of Additional Fees will be required prior to the release of the verification. ❑ Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $925.00 All checks payable to:Board of County Commissioners The completed application,all required submittal materials, and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 D.Wayne Arnold, o""..r ,),,'a N:,7V.o:o:a.... AICP m � �s January 16, 2015 ..Y:201,01 1611.60,-05W Applicant Signature Date D. Wayne Arnold 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. al 9/25/2014 Page 2 of 2 GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects g Y P February 25, 2015 Mr. Raymond Bellows Zoning Manager Department of Zoning and Land Development 2800 North Horseshoe Drive. Naples, FL 34104 RE: Request for Letter of Zoning Verification, Creekside Commerce Park PUD Dear Mr. Bellows: We represent the developer of the Creekside Commerce Park PUD, and are requesting a comparable use determination in the B, Business designation area of the project consistent with provisions of the Creekside PUD. The Creekside PUD was approved in 1997 and subsequently amended in 2006 and 2013. The PUD in Section 4.3, Permitted Uses and Structures, lists a variety of retail and service uses permissible on B Business designated tracts within the PUD. Use #15 indicates that other uses which are comparable to uses permitted, and determined to be compatible in the District may be deemed permitted uses. The developer is proposing to construct a 30,000±square foot retail and service building on a B designated tract within the PUD. One of the uses proposed for the site is a donut shop. In reviewing the list of permitted uses within the B designated areas, the SIC codes specifically designated for donut shop (5461) is not identified as a permitted use. However, the PUD does specifically identify that grocery/convenience stores (5411), which fall under the same major SIC grouping of food stores, which is inclusive of donut shop is permitted. Further,the PUD also permits eating places (5812),which includes coffee shops and is a similar and comparable use to that of the proposed donut shop, which is a retail use. Collier County has categorized donut shops as retail bakery facilities, even though indoor and outdoor dining is permitted within donut shop establishments. This is due to the limited menu items for sale and limited food preparation required. It our understanding that for other comparable and compatible use determinations you have evaluated each request on the following criteria: similar SIC groups, similar use activities, and similar impacts. We would submit to you that the proposed donut shop is within the 54 • Q.Grady Minor&Associates,P.A. Ph. 239-947-1144 Fax.239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs,FL 34134 www.gradyminor.com Mr.Raymond Bellows RE: Request for Letter of Zoning Verification, Creekside Commerce Park PUD Page 2 of 2 February 25, 2015 grouping (food stores) of uses, which is also permitted within the B designated areas of the 4111 PUD;thereby meeting the similar SIC code,and use/activity criteria. The donut shop is intended to be an in-line tenant space and will not be a freestanding facility. Determining that a donut shop with drive-thru window will have no greater impact than any other in-line retail use permitted in the PUD. The donut shop use is a use typically permitted in the C-2 Zoning District. Many of the uses currently permitted in the B designated areas of the Creekside PUD are similar to the intensity of C-4 Zoning District uses. The intensity of the proposed donut shop use is less than other uses currently permitted within the Creekside PUD. Because the proposed donut shop is within the SIC use group permitting other retail uses, and the use is comparable to a restaurant use (eating places), also allowed within the PUD, we are requesting that you can find, in accordance with Section 4.3.15 of the PUD,that the donut shop use is comparable and compatible with other uses currently found in the PUD and that it is a permitted use in the 'B' Business District of the PUD. It is our understanding that once your opinion is rendered, the finding will be submitted to the Hearing Examiner's office for a final determination on the use determination. Please feel free to contact me should you have any questions. Sincerely, • D.Wayne Arnold,AICP c: Via Email David Genson GradyMinor File • oT 1. `'� • m 4 3 V U c� ORDINANCE NO.06- 50 c \ c AN ORDINANCE OF THE BOARD OF COUNTY Y COMMISSIONERS OF COLLIER COUNTY,FLORIDA. AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FOR A PROJECT KNOWN AS CREEKSIDE COMMERCE PARK FROM PUD TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPLTD) FOR A PROJECT TO BE KNOWN AS CREEKSIDE COMMERCE PARK CPUD LOCATED, IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 105 ACRES; PROVIDING FOR THE REPEAL OF ORDLNANCE NUMBERS 97-51 AND 06-41, THE FORMER CREEKSIDE COMMERCE PARK PUD AND CREEKSIDE COMMERCE PARK CPUD;AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold of Q. Grady Minor, representing Creekside.West, Inc., petitioned the Board of County Commissioners to change the zoning classification of the hei;ein described real property,known as petition PUDA-2005-A-R-8832; NOW, THEREFORE, BE IT ORDAINED BY the BOARD OF_ COUNTY,; COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that; SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 48 South, Range 25 East, Collier County, Florida, is changed from "PUD" and/or "CPUD" to "CPUD" Commercial Planned Unit Development known as the Creekside Commerce Park CPUD in accordance with the CPUD Document,attached hereto as Exhibit"A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code,is/are hereby amended accordingly. SECTION TWO: Ordinance Number 97-51, known as the Creekside Commerce Park PUD, adopted on October 21, 1997, and Ordinance Number and 06-41, adopted on September 12, 2006, by the Board of County Commissioners of Collier County,is hereby repealed in its entirety. Page 1 of,2 SECTION THREE: This Ordinance shall become effective upon approval of PUDZ-2005-AR-8833 Naples Daily News BPPUD and filing with the Florida Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County,Florida,this ; / day of CCic.b(- 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA nOc.CJ_L2Icl BY: Aton-L„;4- 4?..P1311tY Clerk FRANK HA LAS,CHAIRMAN Approved as to form and legal sufficiency Marjorie M.Student-Stirling Assistant County Attorney PUDA-2605-AR-8832/M1D/sp 4111 This ordinance filed with the Secretory of Stat 's,Office the 1 day of (:)CirDb 'e and c wladciemen; oJ thoi filing raceivnd this of ■$. 6.1-.4.W-7-C"--- Page 2 0E3'2:- I CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT PREPARED FOR BARRON COLLIER PARTNERSHIP CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT 106±Acres Located in Section 27 Township 48 South,Range 25 East Collier County,Florida PREPARED FOR: BARRON COLLIER PARTNERSHIP 2640 Golden Gate Parkway Naples,FL 34105 PREPARED BY: WILSON,MILLER,BARTON&PEEK,INC. 3200 Bailey Lane, Suite 200 Naples,Florida 34105 YOUNG,VAN ASSENDERP&VARNADOE,P.A. 801 Laurel Oak Drive, Suite 300 Naples,Florida 34101 AMENDED DECEMBER 2005 BY: Q.GRADY MINOR AND ASSOCIATES,P.A. 3800 Via Del Rey Bonita Spring,Florida 34134 ROETZEL AND ANDRESS,L.P.A. 850 Park Shore Drive,3`d Floor Naples,Florida 34103 Amended PUD(clean).DOC TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION 1 LEGAL DESCRIPTION,PROPERTY OWNERSHIP,& 1-1 GENERAL DESCRIPTION SECTION II COMMERCE PARK DEVELOPMENT 2-1 2.1 Purpose 2.2 General Description Of The Park and Proposed Land Uses 2.3 Compliance With County Ordinances 2.4 Community Development District 2.5 Land Uses 2.6 Lake Siting 2.7 Fill Storage 2.8 Use Of Right-Of-Way 2.9 Sales Office and Construction Office 2.10 Changes and Amendments To PUD Document Or PUD Master Plan 2.11 Preliminary Subdivision Plat Phasing 2.12 Open Space and Native Vegetation Retention Requirements 2.13 Surface Water Management 2.14 Environmental 2.15 Utilities 2.16 Transportation 2.17 Common Area Maintenance 2.18 Design Guidelines and Standards 2.19 Landscape Buffers,Berms,Fences and Walls 2.20 Signage 2.21 General Permitted Uses SECTION III INDUSTRIAL/COMMERCE DISTRICT 3-1 SECTION IV BUSINESS DISTRICT 4-1 SECTION V PRESERVE AREA 5-1 EXHIBIT A AERIAL PHOTOGRAPH,LOCATION MAP (WMB&P File No. RZ-255A) EXHIBIT B CREEKSIDE COMMERCE PARK MASTER PLAN (WMB&P File No. RZ-255B) S Amended PUD(clean).DOC STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the Barron Collier Partnership, hereinafter referred to as Barron Collier or the Developer, to create a Planned Unit Development (PUD) on 106+ acres of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Creekside Commerce Park. The development of Creekside Commerce Park will be in substantial compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Mixed Use District as identified on the Future Land Use Map which allows certain industrial and commercial uses. The Urban designation also allows support medical facilities, offices, clinics, treatment, research and rehabilitative centers and pharmacies provided they are located within 1/4 mile of the property boundary of an existing or approved hospital or medical center. 2. The existing Industrial zoning is considered consistent with the Future Land Use Element (FLUE)as provided for by Policy 5.9 and 5.11 of the FLUE. 3. The FLUE Urban-Industrial Distiict allows for expansion of the industrial land use provided the rezone is in the form of a PUD, the site is adjacent to existing land designated or zoned industrial the land use is compatible with adjacent land uses and the necessary infrastructure is provided or in place. Creekside Commerce Park has expanded the industrial land use accordingly. 4. The FLUE Urban-Industrial District requires the uses along the boundaries of the project to be transitional. Creekside Commerce Park has included transitional uses accordingly. 5. Creekside Commerce Park is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 6. Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 7. The development of Creekside Commerce Park 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. 8. Creeksidc Commerce Park is a master planned, deed-restricted commerce park and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code(LDC),Planned Unit Development District. 9. This master planned park will incorporate elements from the existing Industrial, Business Park and Industrial PUD sections of the LDC. Amended PUD(ckan),DOC ii • SHORT TITLE This ordinance shall be known and cited as the "CREEKSIDE COMMERCE PARK PLANNED UNIT DEVELOPMENT ORDINANCE". • S Amended PUD(clean).DOC 111 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 Creekside Commerce Park, and to describe the existing condition of the property proposed to be developed.. 1.2 LEGAL DESCRIPTION All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida being more particularly described as follows; COMMENCING at the northwest corner of said Section 27; thence along the north line of said Section 27 South 89°45'21"East 1869.61 feet; thence leaving said line South 00°14'39"West 125.00 feet to a point on the south right of way line of Immokalee Road(S.R.846)and the POINT OF BEGINNING of the parcel herein described; thence along said right of way line in the following Six(6)described courses; 1)South 89°45'21"East 485.99 feet; 2)South 00°14'39"West 10.00 feet; 3)South 89°45'21"East 150.19 feet; 4)South 89°48'33"East 716.81 feet; 5)North 05°34'33"West 10.05 feet; 6)South 89°48'33"East 486.21 feet to a point on the west right of way line of Goodlette Road as recorded in Plat Book 3,page 58,Public Records of Collier County,Florida; thence along said line South 05°33'48"East 1767.02 feet; thence leaving said line South 89°20'53"West 51.18 feet; thence North 23°55'53"West 13.07 feet; thence northwesterly,30.71 feet along the arc of a circular curve concave to the northeast,having a radius of 80,00 feet,through a central angle of 21°59'52"and being subtended by a chord which bears North 12°55'57"West 30.53 feet; thence North 05°00'53"West 31.56 feet; thence North 36°19'20"West 32.02 feet; thence North 56°04'35"West 35.11 feet; thence North 80°39'15"West 32.53 feet; thence North 88°39'12"West 97.78 feet; thence North 86°04'40"West 45.79 feet; thence North 89°49'48"West 132.77 feet; thence North 69°40'10"West 37.23 feet; thence South 89°20'53"West 142.47 feet; thence South 84°59'26"West 24.66 feet; thence South 74°56'50"West 121.32 feet; thence South 79°49'59"West 45.93 feet; thence westerly and northwesterly,45.51 feet along the arc of a circular curve concave to the northeast, having a radius of 66.00 feet,through a central angle of 39°30'16"and being subtended by a chord which bears North 80°24'53"West 44.61 feet to a point of compound curvature; thence northwesterly,52.92 feet along the arc of a circular curve concave to the southwest,having a radius of 150.00 feet,through a central angle of 20°12'57"and being subtended by a chord which bears North 70°46'13"West 52.65 feet; thence North 80°52'42"West 36.59 feet; Amended PUD(clean)DOC t'I 5/222006 • thence westerly and southwesterly,46.18 feet along the arc of a circular curve concave to the southeast, having a radius of 80.00 feet,through a central angle of 33°04'14"and being subtended by a chord which bears South 82°35'11"West 45.54 feet to a point of compound curvature; thence southwesterly and westerly,38.16 feet along the arc of a circular curve concave to the northwest, having a radius of 60.00 feet,through a central angle of 36°26'19"and being subtended by a chord which bears South 84°16'14"West 37.52 feet to a point of compound curvature; thence westerly and northwesterly,68.85 feet along the arc of a circular curve concave to the southwest, having a radius of 305.00 feet,through a central angle of 12°55'59"and being subtended by a chord which bears North 83°58'36"West 68.70 feet; thence South 89°33'25"West 18.36 feet; thence South 89°39'19"West 71.63 feet; thence North 89°34'56"West 36.03 feet; thence South 86°06'41"West 42.94 feet; thence South 83°44'16"West 26.23 feet; thence South 51°01'13"West 27.49 feet; thence South 33°25'50"West 19.95 feet; thence South 15°40'05"West 20.54 feet; thence South 10°54'39"West 34.64 feet; thence South 89°20'14"West 101.06 feet; thence North 10°46'06"East 101.42 feet; thence North 89°20'53"East 65.45 feet; thence North 00°39'07"West 100.64 feet; thence South 89°20'53"West 503.78 feet; thence North 00°39'07"West 27.71 feet; thence North 72°58'55"West 131.30 feet; thence North 02°08'56"West 1473.29 feet to a point on the south right of way line of said Immokalee Road(S.R. 846)and the POINT OF BEGINNING of the parcel herein described; Containing 69.48 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°49'40" East. All that part of Section 27,Township 48 South,Range 25 East,Collier County,Florida being more particularly described as follows; Commencing at the northeast corner of said Section 27; thence along the cast line of said Section 27,South 01°09'43"East 125.00 feet to a point on the south right of way line of Immokalee Road(S.R.846)and the POINT OF BEGINNING of the parcel herein described; thence continue along said cast line South O1°09'43"East 1189.62 feet; thence leaving said line South 89°48'50"West 677.35 feet; thence South 05°35'39"East 886.02 feet; thence South 89°48'50"West 400.00 feet to a point on the easterly right of way line of Goodlette Frank Road as Recorded in Plat Book 13,page 58,Public records of Collier County,Florida; thence along said line North 05°35'39"West 2088.10 feet to a point of the south right of way line of said Immokalee Road(S.R. 846); thence along said line South 89°49'40"East 1168.55 feet; thence continue along said line South 89°12'58"East 1.85 feet to the POINT OF BEGINNING of the parcel herein described; Containing 38.9 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°46'26"East. S Amended PUD(cleen).DOC 1.2 8/222006 LESS A PORTION OF TRACTS "R"AND"LI"CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWESTERLYMOST CORNER OF TRACT"R"(CREEKSIDE WAY) CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE RUN SOUTH 89°45'00"EAST,ALONG THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH 00 025'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60°02'56" EAST FOR A DISTANCE OF 117.20 FEET; THENCE RUN SOUTH 82°32'14" EAST FOR A DISTANCE OF 119.17 FEET TO A POINT ON THE EAST LINE OF TRACT "L1" OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE, ALSO BEING THE WES LINE OF LOT 3 OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE; THENCE RUN SOUTH 00°07'39" EAST, ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 89°58'01" WEST, ALONG SAID NORTH RIGHT-OF-WAY FOR A DISTANCE OF 456.64 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 02°19'57" WEST, ALONG SAID WEST RIGHT-OF-WAY FOR A DISTANCE OF 294.20 FEET TO THE POINT OF BEGINNING; CONTAINING 2.32 ACRES, MORE OR LESS. 13 PROPERTY OWNERSIIIP The subject property is currently under the equitable ownership or control of Barron Collier Partnership, or its assigns,whose address is 2640 Golden Gate Parkway,Naples,FL 34I05. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 25 East, and is generally bordered on the west by Agriculturally zoned and developed property; on the north, across Immokalee Road by office and medical (North Collier Hospital) PUD zoned and developed property; on the east by Medical Office Park currently under development,County Park and County Wastewater Treatment Facility;and on the south by PUD and County Wastewater Treatment Facility. The location of the site is shown on Exhibit A Aerial Photograph,Location Map. B. The zoning classification of the subject property at the time of PUD application is 1 (Industrial)and A(Agricultural). C. Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm Map Panels No. 1200670193D, dated June 3, 1986, the Creekside Commerce Park property is located within Zones "AE-11" of the FEMA flood insurance rate. Topographic mapping is shown on Exhibit G. 8/22/2006 Amended PUD(clean).DOC 1"` • D. The soil types on the site generally include Riviera limestone substratum, Copeland fine sand, Pineda fine sand, Immokalee fine sand, Myakka fine sand, Basinger fine sand,Riveria fine sand,Ft. Drum and Malabar fine sand,and Satellite fine sand Soil Conservation Service mapping of soil types is shown on Exhibit D. E. Prior to development, vegetation on the site primarily consists of active croplands and small amounts of pine flatwoods. An isolated wetland system is located along the south side of Immokalee Road west of Goodlette-Frank Road. This wetland consists primarily of Brazilian pepper that surrounds a small willow area. The wetland on the east side of Goodlette-Frank Road consists primarily of cabbage palms. A portion of the historic water course within this wetland has been channelized. Brazilian pepper has infested the northern part of this wetland. A detailed vegetation mapping is shown on Exhibit C. F. The project site is located within the Pine Ridge Canal and West Branch Cocohatchee River sub-basins, as depicted within the Collier County Drainage Atlas (July, 1995). The Conceptual Stormwater Management Master Plan is shown on Exhibit H. 13 DEVELOPMENT OF REGIONAL IMPACT Creekside Commerce Park does not meet the minimum thresholds for a Development of Regional Impact (DRI), pursuant to Chapter 380.06,Florida Statutes, 1997, in that it is at or below 80%of all numerical thresholds in the guidelines and standards set forth therein. Amended PUD(clean)DOC I-4 s;r :!.N106 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Creekside Commerce Park (park), and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF THE PARK AND PROPOSED LAND USES A. Creekside Commerce Park will consist of predominately industrial, warehouse, wholesale, financial institutions,business and office uses, with limited amounts of retail uses. Creekside Commerce Park shall establish project-wide guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. B. The Master Plan is illustrated graphically on Exhibit B (WMB&P, Inc. File No. RZ- 225B). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2. of the Collier County Land Development Code(LDC). 23 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Creekside Commerce Park 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 and Collier County Growth Management Plan which are in effect at the time of issuance of any development order. 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 to which said regulations relate. B. Unless otherwise defined herein, or as necessarily implied by context,the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance,Division 3.15 of the LDC. D. All conditions imposed herein or as represented on the Creekside Commerce Park Master Plan are part of the regulations which govern the manner in which the land may be developed. Amended PUD(clean).DOC 2"1 8'22'2(06 • E. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Creekside Commerce Park, except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. F. The Developer shall submit to the County an annual PUD monitoring report in accordance with LDC Section 2.7.3.6. 2.4 COMMUNITY DEVELOPMENT DISTRICT A. The Developer may elect to establish a Community Development District (CDD) pursuant to Chapter 190, Florida Statutes, 1997, to provide and maintain infrastructure and community facilities needed to serve the park. A CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Creekside Commerce Park. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available • both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.5 LAND USES A. The location of land uses are shown on the PUD Master Plan, Exhibit B. Changes and variations in building tracts, location and acreage of these uses shall be permitted at preliminary subdivision plat approval,preliminary site development plan approval and final site development plan approval to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of site development plan approval. B. Roads and other infrastructure may be either public, private or a combination of public and private, depending on location, design and purpose. The request for a road to be public shall be made by the Developer at the time of final subdivision plat approval. The Developer or its assignees shall be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems arc not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of the County Code regulating subdivisions, unless otherwise approved during subdivision approval. The Developer reserves the right Amended PUD(clean).DOC 2-2 8/22/2006 .._.......... to request substitutions to Code design standards in accordance with Section 3.2.7.2. 4110 of the LDC. 2.6 LAKE SITING A. As depicted on the PLTD Master Plan,lakes have been preliminary sited. The goal of this Master Plan is to achieve and overall aesthetic character for the park, to permit optimum use of the land, and to increase the efficiency of the water management network. Fill material from lakes is planned to be utilized within the park; however, excess fill material may be utilized off-site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the applicant wishes to take more off-site, a commercial excavation permit will be required. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7. of the LDC. 1. Setbacks: Excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, subject to approval of County staff at time of final construction plan approval: a) Twenty feet (20') from right-of-way of internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope,road cross sections, and need for barriers. b) Forty feet (40') from Immokalee Road or Goodlette-Frank Road rights-of-way. Perimeter property lines will have a setback of twenty feet (20'). The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed,bank slope, road cross sections and need for barriers. 2.7 FILL STORAGE A. Fill storage is generally permitted as a principal use throughout the Creekside Commerce Park PUD. Fill material generated from properties owned or leased by the Developer 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 per Section 3.2.8.3.6. of the LDC. The following standards shall apply: 1. Stockpile maximum height: Thirty-five feet(35') 2. Fill storage areas in excess of five feet (5') in height shall be separated from developed areas by fencing,excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e.3 to 1). • Amended PUD(clean)DOC 2-3 82212006 a) Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.8 USE OF RIGHTS-OF-WAY Utilization of lands within all park rights-of-way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Community Development and Environmental Services Administrator for engineering and safety considerations during the development review process. 2.9 SALES OFFICE AND CONSTRUCTION OFFICE Sales offices,construction offices,and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout Creekside Commerce Park. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4., Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the temporary use permit shall be valid through the life of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. I OD-6 and may use potable water or irrigation wells. 2.10 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN A. Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. B. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Creekside Commerce Park Master Plan upon written request of the Developer or his assignee. C. The following limitations shall apply to such requests: 1) The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Creekside Commerce Park 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. 3) The minor change or refinement shall be compatible with external adjacent land uses and shall not create detrimental impacts to abutting land uses,water management facilities,and conservation areas within or external to the PUD. D. The following shall be deemed minor changes or refinements: • Amended POD(clean).DOC 2-4 8'2'_'2006 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. 3) Reconfiguration of parcels per Section 5.5 of this PUD. E. 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 prior to the Community Development and Environmental Services Administrator's consideration for approval. F. 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. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the park may be accomplished in phases to correspond with the planned development of the property. 2.12 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The PUD will fully comply with all sections of the LDC and meet the requirements of the Growth Management Plan relating to open space and retention of native vegetation. Amended PUD(clean).DOC 2-5 g;22.cot)6 2.13 SURFACE WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 4-E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. The lake originally approved as Lake L- 1, Creekside Unit I Plat, shall continue to be operated and maintained in accordance with the approved plat and approved South Florida Water Management District Permit. 2.14 ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permitting (ERP) Rules, and shall further be subject to review and approval by Collier County Planning Services Department Environmental Review Staff. 2.15 UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. 2.16 TRANSPORTATION A. The Developer shall provide appropriate left and/or right turn lanes on Immokalee Road and Goodlette-Frank Road at the main park entrances. Such turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for a use that utilizes the perspective/associated entrance. B. There shall be a full access intersection at the park's southern entrance on Goodlette Frank Road. When justified by traffic warrants, this intersection shall be signalized, notwithstanding its proximity to Immokalee Road. C. Future access points to Immokalee and Goodlette-Frank Roads are those shown on the Creekside Commerce Park Master Plan. D. Arterial level street lighting shall be provided by the Developer at the park's main entrance in conjunction with the development of this entrance. E. Road impact fees shall be paid in accordance with the provisions of Ordinance 92-22, as amended. F. The Developer shall provide the appropriate easements or reserve right of way so that the southerly access road west of Goodlette Frank Road may be interconnected to the properties to the west of Creekside Commerce Park. • Amended PUT)(clean).DOC 2-6 8/22/2006 .................. G. The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any project access when deemed warranted by Collier County. The signal shall be owned,operated and maintained by Collier County. H. The Developer agrees to complete construction of the segment of internal roadway that connects Goodlette-Frank Road to the I/C parcel (herein called "southern parcel") that is west of Goodlette Road and abuts Pelican Marsh prior to the first of the following to occur: 1) The issuance of a certificate of occupancy for the"southern parcel"; 2) The issuance of a certificate of occupancy on the second business parcel to be developed west of the Pine Ridge Drainage Easement; 3) Within 3 years of approval of this PUD; or 4) Within 9 months of obtaining "grant" money or other funds for construction of such infrastructure from an outside source. I. The I/C parcels west of the Pine Ridge Drainage Easement and immediately north of the south road shall connect for service and employee access at the time that the south road is extended to a point that they may connect. J. The Developer agrees to provide the County with an update of the Transportation Impact Statement (TIS) at the time of submittal of a Preliminary Subdivision Plat or Site Development Plan. K. The Goodlette-Frank Road southernmost access to the I/C parcel east of Goodlette-Frank Road shall be limited to a right-in/right-out access. 2.17 COMMON AREA MAINTENANCE Most common area maintenance will be provided by the CDD or by a Property Owner's Association (POA). The CDD or the POA, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Creekside Commerce Park, in accordance with any applicable permits from the South Florida Water Management District. 2.18 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning,design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. Amended PUD(clean)DOC 2-7 '2272006 • B. Creekside Commerce Park is planned as a functionally interrelated business park under unified control. The Developer will establish community-wide guidelines and standards to ensure a high level of quality for both the common areas and the individual parcel developments. C. These guidelines will serve as a control for individual parcel development, and be referred to as The Declaration of Covenants, Conditions and Restrictions for Creekside Commerce Park. The level of quality defined in this document is directed towards the creation of an attractive business environment, and these standards are the basis for evaluation of projects submitted for review to the Property Association's Architectural and Landscaping Committee, referred to as the ALC. The standards in this document will include criteria for site planning, architectural design, lighting, landscaping, and graphics and signage. D. The specific design guidelines will act as supplemental standards to the requirements of this Planned Unit Development Ordinance, and other County codes,but in no way supersede them. 1. Common Areas The master design of the park's entries and signage, streetscapes, and open space areas will form a harmonious framework that visually links the entire park together. This unified appearance will enhance the image of the entire community. Internal roadways will provide efficient vehicular circulation with streetscapes that create pleasant neighborhood environments. Streetscape plans will be designed to establish a hierarchy of landscape improvements appropriate in scale and character with the function of the street and adjacent land uses. Along these streetscapes a pedestrian walkway system will be established to link each project with the overall community. 2. Individual Projects A. Site Planning: Each individual parcel project will provide a visually appealing, articulated, identifiable path of entry for pedestrians and vehicles from the street to the site and from the site to the buildings themselves. The orientation of a building or structure upon a site will not only reflect the project's functional need, but will also be responsive to the individual parcel's characteristics and be sensitive to adjacent land uses and the surrounding community. B. Architectural standards: The objective of the architectural standards will be to promote the creation of an attractive, value-apparent business environment. Design elements throughout a project must be consistent with the nature of the chosen style and building materials selected. Project design should endeavor to adhere to the Amended PUD(clean).DOC 2-8 S.'27?:?.+;!■■•i classical principles of design and avoid clichés, overly complex or garish motifs,while seeking to invoke a"timeless"quality. C. Lighting: The guidelines for lighting will establish a continuity of design for all lighting in the park which is consistent with the overall visual impression of the park. D. Landscaping: The purpose of landscape design guidelines within individual projects is to guide development toward harmonious and visually pleasing landscape that is cohesive with the overall master landscape plan. The Creekside landscape concept will have a naturalistic theme. Similar to the overall project's plant palette, individual sites will be dominated with plants that are native, xeric, or naturalized within Southwest Florida. Landscape designs will create a coherent theme which emphasizes plant material as a primary unifying element. 1. Landscape elements along public R.O.W.s will be complimentary to streetscape landscaping. Parcel entries will be designed to harmonize with adjacent streetscape landscaping, and clearly accentuate, the parcel entry. 2. Individual parking lots will be screened from the roadways as much as possible, without obscuring views of the building entrances. In addition, plant materials used around main entrances of buildings will visually cue visitors to—their location. E. Graphics/signage: The guidelines serve to provide continuity of design for all signage in the park which is consistent with the overall visual impression of the park. Parcel signage serves the identification needs of the individual tenants and user. 2.19 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Creekside Commerce Park. Required buffer treatments shall terminate at entrances to accommodate entrance treatments and at lakes to accommodate views into the park. The following standards shall apply: A. Landscape buffers contiguous to Immokalee Road R.O.W. will be installed at the time of subdivision improvement per construction phase and will have the following characteristics: I) Minimum width of 20'-0",measured from the R.O.W. Amended POD(clean).DOC 2-9 8122/2006 2) Adjacent to Business District type uses within the Business District, trees will be native, xeric, or naturalized canopy trees, spaced at 25' on center (O.C.), planted at an initial height of 13'-14' overall (O.A.) with a 6' spread. In addition, a continuous 24" high shrub hedge shall be provided within the 20' buffer. B. Landscape buffers contiguous to Goodlette-Frank Road R.O.W. will be installed at the time of subdivision improvement per development phase and will have the following characteristics: I 1) Minimum width of 20'-0", measured from the R.O.W. 2) Adjacent to Business District type uses within the Business and Industrial/Commerce (TIC) Districts, trees will be native, xeric, or naturalized canopy trees, spaced at 25' O.C., planted at an initial height of 12' O.A.,with a 6' spread. At the time of individual lot improvements, hedges will be placed at parking lot edges to satisfy the requirements of LDC Section 2.4.7.4. 3) Adjacent to industrial type uses within the Industrial/Commerce District, trees will be native,xeric or naturalized canopy trees, spaced at 25' O.C.,planted at an initial height of 12' O.A,with a 6' spread. Trees will be placed on a berm, 3 feet high and supplemented with a 5 foot high hedge consisting of but not limited to the following plant material: coco plum, viburnam, ficus. The intent will be to obtain 80% opacity within one year of planting for travelers on Goodlette-Frank Road. C. Landscape buffers surrounding the perimeter of the park will be installed at the time of subdivision improvement per construction phase. The buffers are referenced on Exhibit B, and proceed in a clockwise direction from the northeast corner of the project as follows: 1) The landscape buffer along the eastern most property boundary, north of the preserve area, as depicted on Exhibit B, shall consist of an Alternative "A" type buffer. Any preservation areas within this buffer may be credited toward buffering requirements. 2) The preserve area along the balance of the eastern most property boundary will serve as the buffer between uses. 3) The Developer will provide a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center between the business use and the preserve/lake area, as depicted on Exhibit B. O Amended PUD(clean)DOC 2-10 g,'22 2006 4) The Developer will provide a five feet (5') wide Alternative "A" type landscape buffer with trees planted fifty feet (50') on center along the eastern property boundary contiguous to the Collier County Sewage Treatment Plant. 5) The landscape buffer along the southern most property boundary, east of Goodlette-Frank Road, shall hP a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center. An opaque hedge six feet (6') high will be planted to supplement the existing oak tree buffer planted by the County at the Collier County Sewage Treatment Plant. 6) The existing landscape berm/buffer from Goodlette Frank Road to the west side of the Pine Ridge Drainage Easement will be supplemented as follows: a type "A" buffer along the proposed lake; and the remaining area westward of the lake will be supplemented to consist of 50 sabal palms, 8'-14' O.A. and 4 Ficus nitida 12'-13' O.A. and 6'-8' wide; locations to be coordinated with the adjacent property owner. 7) The Developer will provide a ninety percent (90%) opaque landscape buffer and berm between the TIC District and the Pelican Marsh PUD from the west side of the Pine Ridge Drainage Easement to the existing berm to the west, that approximates the existing Pelican Marsh bermfbuffer. This buffer will be installed concurrent with any 11C construction west of the Pine Ridge Drainage Easement. The buffer shall meet ninety percent (90%) opacity within one(1)year of planting. 8) The Developer will supplement with additional trees the buffer along the remaining portion of the southern property line westward to achieve a ninety percent (90%) opaque buffer. This buffer will be installed concurrent with any I/C construction west of the Pine Ridge Drainage Easement. 9) The landscape buffer between the I/C District and the adjacent Agricultural District along the southern portion of the western property line will be an Alternative"A"type buffer. 10)The landscape buffer between the R.O.W. and the adjacent Agricultural District to the west will be an Alternative "A" type buffer and be incorporated into the R.O.W. D. Maximum fence or wall height internal to the PUD: Twelve feet(12'). E. Landscape buffers, berms, fences and walls will be constructed along the perimeter of the Creekside Commerce Park PUD boundary concurrent with subdivision and site development construction phase,except where noted in this document. Amended PUD(clean).DOC 2-1 I 8/22/2006 F. Sidewalks, water management systems, drainage structures, and utilities may be allowed in landscape buffers pursuant to review and approval of the Development Services Administrator. G. Landscape berms located within the Creekside Commerce Park PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or encroaches into the right-of- way line when approved by the applicable owner or agency. 2.20 SIGNAGE A. GENERAL 1) Pursuant to Section 2.5.5.2.3.7. of the LDC, the following conditions provide for the required comprehensive sign plan for the Creekside Commerce Park 2) Each platted parcel shall be considered a separate parcel of land. 3) Signs and decorative landscaped entrance features within a County dedicated right-of-way, shall require a right-of way permit subject to the review and approval of the County. 4) All signs shall be located so as not to cause sight line obstructions. B. PARK ENTRY SIGNS 1) Major park entry signs shall be located as depicted on Exhibit B. Each sign will not exceed 160 square feet in size on any side and signs will be no longer than 25 feet in length and 8 feet in height. 2) Minor park entry signs shall be located as depicted Exhibit B. Each minor monument sign will not exceed 100 square feet in size on any side. Minor monument signs will be no larger than 20 feet in length and 6 feet in height. C. INTERNAL SIGNS 1) Directional or identification signs are allowed within the business park. Such signs may be used to identify the location or direction of approved uses such as sales centers, information centers, etc. Individual signs may be a maximum of 4 square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 25 square feet per side, and a maximum height of 8 feet. No building permit is required unless such signs are combined to form a menu board. 2) Grand Opening signs: The Developer or parcel owner may display an on-site grand opening sign not exceeding 32 square feet on a side, and not exceeding • Amended PUD(clean).DOC 2-12 8/22/2006 64 square feet total. Banner signs shall be anchored and may be displayed on- site for a period not exceeding 14 days within the first three months that the Developer/occupant is open for business. D. USER SIGNS 1) Wall, mansard, canopy or awning signs: One wall, mansard, canopy or awning sign may be permitted for each single-occupancy facility, or for each establishment in a multiple-occupancy facility. Corner units within multiple- occupancy facilities, or multi-frontage single-occupancy facilities shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined area on one wall. However, the combined area of those signs shall not exceed the maximum allowable display area for signs by this ordinance. a. The maximum allowable display area for signs may not be more than 15 percent of the total square footage of the visual facade of the building to which the sign will be attached and may not, in any case, exceed 200 square feet in area for any sign. 2) Monument and Pole signs: One (1) monument or pole sign is permitted for each tot or parcel for each external and internal road frontage(s). a. Maximum allowable sign area: 60 square feet per side, if two-sided b. Maximum allowable height: 15 feet for pole signs, 8 feet for monument signs. c. Internal road frontage setbacks: A minimum of fifteen feet (15') from the edge of pavement. Signs may encroach within the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. d. External road frontage setbacks: Pole signs shall be setback from any external right-of-way in accordance with the applicable section of the LDC. Monument signs may be permitted closer to the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. e. Spot or floodlights may be permitted provided said light shines only on the signs or landscaping and is shielded from motorists and adjacent residents. Amended PUD(clean)-DOC 2-13 s;2?.2fv, • f Should the U.S. Postal Service purchase or lease land within Creekside Commerce Park, in addition to the user signs as permitted herein,they will be allowed one sign between Immokalee Road and the proposed lake adjacent to the west entry. E. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, speed limit signs, etc. may be designed to reflect a common architectural theme, in accordance with Section 3.2.8.3.19. of the LDC. 2.21 GENERAL PERMITTED USES A. Certain uses shall be considered general permitted uses throughout the Creekside Commerce Park PUD except in the Preserve Area. General permitted uses are those uses which generally serve the Developer and tenants of Creekside Commerce Park and are typically part of the common infrastructure. B. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. • 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses,gatehouses,and access control structures. 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways,parking areas and related uses. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 8. Fill storage subject to the standards set forth in Section 2.7 of this PUD. Site filling and grading as set forth in Section 2.7 of this PUD. 9. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. • Amended PUD(clean).DOC 2-14 s^_'2006 buffers if approved by the • 10. Sidewalks may occur within County required b pp y Community Development and Environmental Services Administrator. 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 in effect at the time of Site Development Plan Approval. 12. Creekside Commerce Park shall be permitted to develop with a maximum of 40 percent commercial uses. Commercial uses are defined as offices, health services, medical clinics, financial institutions, fitness centers, childcare centers, restaurants and retail sales in accordance with Section 3.3. C.2. hereof. • Amended PUD(clean)_DOC 2-15 8/22;2006 SECTION III INDUSTRIAL/COMMERCE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "UC". 3.2 GENERAL DESCRIPTION Areas designated as "PC" on the PUD Master Plan are intended to provide a maximum of 620,000 square feet of gross floor area of industrial/commerce uses on 41.6±net acres. The floor area ratio(FAR)for the designated industrial land uses shall not exceed.35. 33 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. The permitted principal uses and structures will generally consist of light manufacturing, wholesale, warehouse, processing and packaging, laboratories and clinics, research, design and product development, business services and corporate • offices and headquarters. 1. Aircraft Parts and Auxiliary Equipment(Group 3728) 2. Apparel and Other Finished Products(Groups 2311-2399) 3. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. 4. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas;metal slitting and shearing on a contract or fee basis produce weighing service, not connected with • Amended PUD(clean).DOC 3-1 8/22/2006 transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 5. Child Day Care Services(Group 8351) 6. Communications (Groups 4812-4899 not including major communications towers related to cellular phone service, radio broadcasting, television broadcasting,radar or telephone service) 7. Computer and Office Equipment(Groups 3571-3579) 8. Construction; Special Trade Contractors (Groups 1711-1799 except for boiler erection and installation contractors; drainage system installations, cesspool and septic tank contractors; fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors; epoxy application contractors; fireproofing buildings contractors; gasoline pump installation contractors; lead burning contractors; and mobile home site setup and tie down contractors) 9. Depository and Non-Depository Institutions(Groups 6011-6163) 10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic;morphine and derivatives; opium derivatives) 11. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools;vocational counseling) 12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612, 3613, 3624, 3625, 3631, 3641-3676, 3678, 3679, 3694, 3695, 3699, except for airport lighting transformers, autotransformers, electric (power transformers) distribution transformers, electric; electric furnace transformers; lighting transformers, street and airport; transformers, reactor; atom smashers (particle accelerators; electron beam metal cutting, forming, and welding machines; electron linear accelerators; electrostatic particle accelerators)) 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories:seed testing laboratories;veterinary testing laboratories) Amended PIJD(clean).DOC 3-2 812212006 S 14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446, 3452, 3469, 3492,3495,3496,production of metal is prohibited) 15. Furniture and Fixtures Manufacturing(Groups 2511-2599) 16. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229, 9311,9451,9511-9532,9611,9631-9661) 17. Industrial and Commercial Machinery (Groups 3524, 3546, 3553-3556, 3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting machines for printing trades; foundry type for printing; presses, printing - slugs printers'; ammunition and explosives loading machinery; brick making machines; cement making machinery; chemical kilns; control rod drive mechanisms for use on nuclear reactors; foundry machinery and equipment; frame straighteners, automotive (garage equipment); fur sewing machines; ginning machines, cotton; metal finishing equipment for plating, except rolling mill lines;metal pickling equipment,except rolling mill lines) 18. Leather and Leather Products(Groups 3131-3199) 19. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods: Watches and Clocks Manufacturing(Groups 3812-3843, 3845-3873) 20. Membership Organizations(Groups 8611-8631) 21. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for dressing of furs:bleaching,blending,curring, scraping,and tanning;feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, curring, tanning, bleaching and dyeing; plumes, feather; tear gas devices and equipment;veils made of hair) 22. Motion Picture Production(Groups 7812-7819) 23. Motor Freight Transportation(Groups 4214,4215) 24. Packing and Crating(Group 4783) 25. Paper and Allied Products(Groups 2652-2657,2673-2679) 26. Personal Services(Groups 7213,7216,7219,7221) 27. Physical Fitness Facilities(Group 7991) 28. Plastic Materials and Synthetics(Groups 2833,2834) 29. Printing,Publishing and Allied Industries(Groups 2711-2791) • Amended PUD(ckean).DOC 3-3 8/22/2006 30. Professional Offices: including but not limited to, Travel Agencies (Group 4724); Insurance Agencies(Group 6411); Insurance Carriers (Groups 6311- 6399);Real Estate(Groups 6512,6514,6517,6519,6531,6541,6552,) 31. Rubber and Miscellaneous Plastic Products (Groups 3021, 3085, 3086, 3088, 3089) • 32. Transportation Equipment(Group 3732,except for boats,fiberglass:building and repairing; boats: motorboats, sailboats, rowboats, and canoes - building and repairing; houseboats, building and repairing; motorboats, inboard and outboard:building and repairing) 33. United States Postal Service(Group 4311) 34. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas storage, petroleum and chemical bulk stations and automobile dead storage) only one (1) self-storage use allowed to be located adjacent to the Collier County Sewage Treatment Plant. 35. Wholesale Trade-Durable Goods (Groups 5021-5031, 5043-5049, 5063- 5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood-wholesale; lumber:rough,dressed, and finished-wholesale;batteries,except automotive- wholesale; storage batteries,industrial-wholesale;unit substations-wholesale; boilers, power: industrial-wholesale; boilers, steam and hot water heating- wholesale; burners, fuel oil and distillate oil-wholesale; oil burners- wholesale) 36. Wholesale Trade-Nondurable Goods (Groups 5111-5143, 5145, 5147-5149, 5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs-wholesale; fish, tropical-wholesale; furs, dressed-wholesale; greases, animal and vegetable-wholesale; ice, manufactured or natural-wholesale, leather and cut stock-wholesale; linseed oil-wholesale; oils, except cooking: animal and vegetable-wholesale; oilseed cake and meal-wholesale; rubber, crude- wholesale; sawdust-wholesale; vegetable cake and meal-wholesale; wigs- wholesale;worms-wholesale) 37. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within a 1/4 mile radius of the hospital property boundary. I Amended PUD(clean).DOC 3-4 8122/2006 • 1. Health Services,medical clinics and offices (Groups 8011-8049) 2. Medical Laboratories and research and Rehabilitative Centers (Groups 8071- 8092,8099) 3. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District, C. Permitted Accessory Uses and Structures: 1. Uses and structures that are accessory and incidental to uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent(40%)of the gross floor area of the permitted principal use. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, adjacent to Immokalee Road or Goodlette-Frank Road: Fifty feet(50') 2. Front Yard,Internal: Thirty feet(30') 3. Side Yard: Ten feet(10') Five feet(5')to internal property line along Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise twenty feet(20') 5. Rear Yard:Twenty-five feet(25') 6. Minimum Building Setback from Perimeter Boundary of PUD: Fifty feet (50') D. Maximum Height: Thirty Five Feet (35'), including silos, storage tanks, elevator towers,satellite dishes,antennas,etc. Amended PUD(c)ean).DOC 3-5 8,'2 CIN E. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. All manufacturing operations and equipment, including accessory process equipment such as compressors and air handlers shall be contained in an enclosed structure. F. All industrial building sides visible from roadways internal or external to the park shall have the appearance of a concrete material, such as, but not limited to, block, brick, tilt up concrete panels, stucco on lathe systems, etc. Corrugated steel sides visible from said roadways are prohibited; as well as exposed metal siding on any building west of Goodlette Frank Road. G. Business District type uses located within the I/C District along Goodlette-Frank Road will meet the Collier County Architectural Guidelines in Division 2.8. of the LDC. H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of Section 2.19.B.3 hereof, alternatively, said uses shall have the option of utilizing the landscaped buffer applicable to business uses fronting Goodlette-Frank Road, provided the portion of the building facing Goodlette-Frank Road meets the following Architectural Guideline Sections of the LDC, therefore satisfying the intent of the building design section of the Architectural Guidelines in the opinion of the Community Development and Environmental Services Administrator: 1. Section 2.8.3.5.1.,Purpose and Intent 2. Section 2.8.3.5.4.,Facade Standard 3. Section 2.8.3.5.6.,Project Standards 4. Section 2.8.3.5.7.,Detail Features except for 2.8.3.5.7.2. 5. Section 2.8.3.5.12. Loading Areas: Buildings west of the Pine Ridge canal and adjacent to the Pelican Marsh boundary shall orient loading docks to the north, east or west. J. Noise: Uses within the I/C District shall not exceed 65 dBA between the hours of 7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59 a.m. and all of Sundays, as measured at the property boundary of the land use from which the sound emanates. K. Odor: No business shall cause or allow the emission of odorous air from any single source such as to result in odors which are detectable outside the parcel Amended PUD(clean).DOC 3-6 '2::-2∎16Ci ............... • boundaries. Best practical treatment,maintenance, and control currently available shall be utilized in order to maintain the lowest possible emission of odorous air. L. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential if lighting is located within 200 feet of residential property. Light fixtures within parking areas shall not exceed 25 feet in height. M. Emissions: All sources of air emissions shall comply with rules set forth by the Environmental Protection Agency(Code of Federal Regulations, Title 40) and the Florida Department of Environmental Regulation (Florida Administrative Code, Chapter 17-2). No person shall operate a regulated source of air emissions without a valid operation permit issued by the Department of Environmental Regulation. • Amended PUD(clean).DOC 3-7 8/22%2006 SECTION IV • BUSINESS DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as"B". 4.2 GENERAL DESCRIPTION Areas designated as `B" on the PUD Master Plan are intended to provide a maximum of 190,000 square feet of floor area, including approximately 150,000 square feet of office uses and 40,000 square feet of retail uses on 19.1±net acres. The floor area ratio (FAR) for the designated business land uses shall not exceed.35. 4.3 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. Building Contractors (Groups 1521-1542), except for general contractors for • mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. 2. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas;metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 3. Child Day Care Services(Group 8351) • Am nded PUD(clean).DOC 4-1 g72.2-.W6 • 4. Convenience Store (Group 5411) and Gasoline Filling Station (Group 5541) only one (1)allowed. 5. Communications (Groups 4812-4899), not including major communication towers related to cellular phone service, radio broadcasting, television broadcasting,radar or telephone service. 6. Depository and Non-Depository Institutions (Groups 6011-6163) including automatic teller machines 7. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic;morphine and derivatives; opium derivatives) 8. Eating Places(Group 5812)not including fast food and drive-thru restaurants 9. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools; vocational counseling) 10. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories;seed testing laboratories;veterinary testing laboratories) 11. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229, 9311,9451,9511-9532,9611,9631-9661) 12. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311-6399); Real Estate (Groups 651 2-6515, 6517, 6519, 6531, 6541, 6552, 6553); bolding and Other Investment Offices(Groups 6712-6799);Attorneys(Group 8111) 13. , Physical Fitness Facilities(Group 7991) 14. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within 1/4 mile radius of the hospital property boundary. Amended PUD(clean).DOC 4-2 8 ,7P,,r • 1. Drug Stores and Proprietary Stores (Group 5912) Only one (1) drug store allowed. 2. Health Services,Medical Clinics and Offices(Groups 8011-8049) 3. Medical Laboratories and research and Rehabilitative Centers(Groups 8071- 8099) 4. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent(40%) of the gross floor area of the permitted principal use. 4.4 DEVELOPMENT STANDARDS • A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard,Immokalee and Goodlette-Frank Roads: Fifty feet(50') 2. Front Yard,Internal Roads: Thirty feet(30') 3. Side Yard: Ten feet(10') Five feet (5') to internal property line along the Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip-rap at'top of bank, otherwise twenty feet(20') 5. Rear Yard:Twenty-five feet(25') 6. Minimum Building Setback from Perimeter Boundary of PUD: I Amended PUD(clean).DOC 4-3 8;'22'20(x, • a) Fifty feet(50')for buildings up to thirty five feet(35')in height. b) Three additional feet (3') for every one foot of building height over thirty five feet(35')adjoining residential districts. D. Maximum Height: Three stories over parking to a maximum of fifty feet (50') for buildings within 1/4 mile of the hospital property boundary except that no structure shall be greater than thirty-five feet (35'), on property west of the Pine Ridge Drainage Easement. E. Commercial design guidelines for facilities in the Business District shall be subject to the provisions of Division 2.8. Architectural and Site Design Standards and Site Design Standards for commercial buildings and projects. F. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence at least seven feet in height above ground level, or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. • Amended PUD(clean)DOC 4-4 f Imo'_-gib 6 • SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within Creekside Commerce Park,designated on the Master Plan,as Preserve Area. 5.2 GENERAL DESCRIPTION Areas designated as Preserve Area on the Master Plan are designed to accommodate natural systems existing or created as preserves and limited water management uses and functions. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used,in whole or in part, for other than the following: A. Permitted Principal Uses and Structures • 1. Boardwalks and nature trails(excluding asphalt paved trails). 2. Water management facilities. 3. Any other preserve and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Preserve Area. 5.4 PRESERVE DISTRICT PRESERVATION EASEMENT A non-exclusive preservation easement or tract is required by LDC Section 3.2.8.4.7.3. for preservation lands included in the Preserve Area. The Developer, its successor or assign shall be responsible for the control and maintenance of lands within the Preserve Area. Exact location/boundary of the Preserve Area will be determined during the development permitting process with the South Florida Water Management District, Army Corps of Engineers,and Collier County. Amended PUD(clan).DOC 5-1 8/22/200d • 5.5 PRESERVE AREA ADJUSTMENTS The proposed native vegetation retention areas, depicted on the Creekside Commerce Park Master Plan, are intended for meeting the native vegetation requirements of the Collier County Growth Management Plan and the Collier County LDC. Adjustments may be made to the location of the preservations areas at the time of preliminary plat or site development plan approval. If adjustments are needed, per the Collier County LDC the Developer will have the option to increase the preservation in another area, enhance and preserve another area, or provide increased native landscape per the Collier County LDC. The proposed preservation areas, including 2.9 acres of wetlands and 4.1 acres of uplands, depicted on the Creekside Commerce Park master plan, are areas where the native vegetation requirements may be met as set forth in the Collier County LDC. • Amendcd PUD(cican).DOC 5-2 8!2 2/2 006 F:IPK 4r n ,k 61 411 ht Hu Pf _ � 1710 4,- ! 1 CI 1 • i 14 t 111 Iti .'- \ g i d - 0-i i . . li I ! > Fir ', r _ It I iitug": ;:.----- ' [1 1 r " : x 1 1 0 li N IN) ; /L.„.„*..,.._..e,...*„,-, , _.....*,*_:._,......----17-'-'---r .-1_---11\*---"---*-"641 ' - �j i §g i1', 1 }Q i P_I Ei E'1 e .;jB F 0 So II 5 i .Ns, ,j_._i__i____si ..... 1,..........t::,___,, f, : 4° ` -1 j eLdr. *0 " __ ---=.';—'-- _—__��te=e ct6_,,,, .,...,� ; ,j'�F """"`� '\ 1t 5 it II es !NI 67) 1:1) 1 °s ';,' .° it, : '1;,:, 3§. C3 C • a l r' s n .! t --j am/ t i =j- SIA flit" :o� c 1 t trir r . 1,..., i t �c .... i I 1387 li;411114 t r f �� > 1 '*4.] \ r „..,,..,,,,, ..„,,, , '� . f , At � It Ali YY ? " .= A•i t� { .ET,v 1 , 850 PARK SHORE DRIVE TRIANON CENTRE-THIRD FLOOR • troTTztiØANDREsS 9P 'z08D CT 239.649.6200 MAIN A LEGAL PROFESSIONAL ASSOCIATION 239.261.3659 FAX bandrisomgsalaw.com September 15,2006 VIA HAND DELIVERY AND E-MAIL Mr.James V.Mucid, County Manager Collier County Government 3301 East Tamiami Trail Naples,FL 34112 Re: Request to Reconsider—Naples Daily News PUD(PUDZ-2005-AR-8833) and Creekside Commerce Park PUD Amendment(PUDA-2005-AR-8832) Dear County Manager Mudd: As the Petitioner's agent on both of the above-referenced items which were acted upon at the September 12, 2006 County Commission Meeting, I am filing this Request for Reconsideration of both items pursuant to Section 2-41 and Section 2-42 of the Collier County Code of Ordinances. Section 2-41 is applicable to the reconsideration of the approval of the Creekside PUD Amendment, and Section 2-42 is applicable to the request to reconsider the denial of the Naples Daily News PUD. The grounds for this reconsideration request are that there was a misunderstanding as to compliance of the Naples Daily News PUD with the Land Development Code and the Growth Management Plan; and the Amendment to the Creekside PUD was to rezone 2.3 acres of that PUD to become part of the denied Naples Daily News PUD. Both of these are companion items and should be considered together. It is my understanding from Joe Schmitt that if the reconsideration is approved at the September 26 County Commission meeting, that the earliest date both Petitions could be advertised and scheduled for hearings by the Commission is October 24. I would respectfully request that the County schedule and advertise the re-hearings on the merits for the October 24, 2006 County Commission meeting. Thank you very much for your attention to this matter. Should you have any questions,please do not hesitate to contact me. Sincerely, R.Bruce Anderson For the Firm • RBA: CLEVELAND Totino AKRON COLUMBUS CINCINNATI WASHINGTON,D.C. TALLAHASSEE FORT M m s NAPLES 508302.111878 0005 www.ralaw.com Mr. James Mudd,et. al. September 15,2006 Page 2 cc: ALL VIA E-MAIL Commissioner Tom Henning Commissioner Fred Coyle Commissioner James Coletta Commissioner Donna Fiala Commissioner Frank Halas Mr.Paul Marinelli Mr.John Fish Mr.Wayne Arnold Mr. Joseph Schmitt Mr.Mike DeRuntz David C.Weigel,Esq. Marjorie Student-Stirling,Esq. S 508302.111878.0005 411 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 2006-50 Which was adopted by the Board of County Commissioners on the 24th day of October, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of 411 County Commissioners of Collier County, Florida, this 30th day of October, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners: ct , By, Teresa Dillard, Deputy Clerk AGENDA ITEM 4-C Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MARCH 26, 2015 SUBJECT: DR-PL20130002395 GREEN STORE SITE PLAN WITH DEVIATIONS PROPERTY OWNER/AGENT/APPLICANT: OWNER: AGENT: Steve&Dorothy C. Lefes Martin D. Pinckney,P.E. 601 Seaview Court,Apt C-603 American Engineering Consultants Marco Island,FL 34145 573 Bald Eagle Drive Marco Island, FL 34145 APPLICANT: Randolph Ramtahal 5 Star Petroleum, Inc. 14501 Tamiami Trail East Naples,FL 34114 GEOGRAPHIC LOCATION: The subject property, consisting of 6.29± acres, is located at 14501 Tamiami Trail East and is located in the northwest corner of the intersection of Tamiami Trail East and Joseph Lane. REQUESTED ACTION: The applicant requests a deviation from Section 5.05.05.B.1, Table of Site Design Requirements, of the Land Development Code (LDC)to allow a gas station canopy to have a front yard setback of 30 feet, instead of the required 50 feet. Site Plan with Deviations DR-PL20130002395 Page 1 of 7 Green Store M n 1 . r 1 .. I 1 I oi 4 a 1 ft ii El 111 21 il 11 I k i i II 1 h t... 4 ` , .-. 111- __IPI oC1 -41b It i i 111 D p i q, I Z = ~ 1yt. g r- 03 r 11 c— c-5(m rz.., _.7 ... il m • it0 2 44 s m ta,s I v r w 4* i ' » t itri f%) 044 gillillikkArs,4q 44* 44 , . 4 ,4�.,+� Ka hi N imra 41110� 4 1 °ria 1 1,21 , ! g o 4. aapa64 ��'a�o� ,��-- y i O 40 �►j.se,rO r Q Ha: (.Mti 3 i e See' 00 1' . I ,i' 'um;15-11-111g 4 _s `/�,1' k l*,„,,04,4„,A, f�J c -yrs. 1111011_10 x_- -i--A ` _h_ a k �0 �� sa' ”) ILL iiirt s , := x t D s ©ptj or it" _ y s a_: i y J a§ © © = aogw, LANE ,x ��T'I - 0 3 > L a : S a Y X il Via an tY VV r ® ~ : 7. k,» e a p k C S e :a _ �� ° 4 QQ' e e 1 n X -x k 0 �� S X IS.' X.t 7 x x : M k t Y :,7 k X gill _ a tl _ % t t t 6 - a tic L: Y a GJ a - as ` : : i - a X k »: aa YQ . : Y _ k S kin a IS s: 'ISS N CM k k j+ SURROUNDING LAND USE&ZONING: SUBJECT PARCEL: Existing convenience store;zoned C-2&MH SURROUNDING: North: Stormwater pond, across which is the West Wind Condo; zoned MH East: Joseph Lane ROW, across which is undeveloped land; zoned C-2 South: Tamiami Trail East ROW, across which are Paradise Point RV Resort PUD and Charlee Estates PUD West: Walnut Lakes PUD .- .)- . : I t i INDIAN KEY LANE '3C 31 32 33 34 35 36 3/ 3 __ ?6X263 264 265 266'26 268(26 270 z 1 1 T P—> ANDREA LANE 1Q MH H = i ,� ,Sr a_ L i �� { 70 2` 22 123 24 '25 'A 2/ 2 'TRACT 10 11 12 15 16" 17 18I • V ... \\ -e, KATHY LANE si, • -) 2 1__ j N. i , V i 2 3 , 4 3 1 6 7 I C-2 MH{3 4.\ N\NNN "RAM— C-1 4tilliSN s 90 "• $8 8/ /I A., 3>NNNN 176 -, t Zoning Map Detail Site Plan with Deviations DR-PL20130002395 Page 3 of 7 Green Store 77 - ,,,..,„• - .\: ''' -• - .,..., 4_ . . /„. , , . •, .,,,' r e . • - . lip.. . ....„. . ,.. , , i. . • ...ay_ , .,,,„-'..rxa:,,,•.4.\\\„,-,....;:,/,-,•-:,.- ..#4414. ...# 4, # or , 11; . 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''''''' '''''s},,$4-Ailk4. • ' ' . ... ... ,.„ ......,.. , . . e ' ., • . „., ...- a . • ., if ,.. ----, ., a 1,-,. a • , , # 7 • • .4, • I . ' ,=--. -,.... ' . ,- mica' .: - ..''''i . ,•• c,,..-T-- • Aerial(CCPA) T .. • . , ....,, , . .. ,. , . . .„.•. li ' e iiii$6 * 1 ..,..,-... . .D.:. . .. . , . ...... , „,.. - ,,,... .7 .,...4..,..., _ • 71 , . 1 ..... _ , ..t . . , I ... 1 Google Street Vie‘‘ Site Plan with Deviations DR-PL20130002395 Page 4 of 7 Green Store APPLICANT'S JUSTIFICATION FOR REQUESTED DEVIATIONS: The applicant has provided evidence that a canopy previously existed with a front yard setback of 30 feet as indicated on the plans that accompanied the building permit(1977). Since the code has changed over time, the applicant requests a deviation that would allow a replacement canopy to be constructed with the 30-foot setback. STAFF ANALYSIS: The LDC requires a front yard setback for all structures at an automobile service station to be 50 feet. At the time the canopy was originally constructed on the subject site, the Zoning Code (1974) required the canopy to have a setback of 20 feet (pumps were required to be set back 30 feet and the canopy could extend 10 feet beyond the pump setback line). The original canopy was destroyed by Hurricane Wilma(2005). Since the fuel infrastructure is in the same underground location, the applicant wishes to replace the canopy in the same location, with a 30-foot front yard setback. To achieve this,the applicant is seeking this deviation 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 convenience store is a permitted use in the C-2 zoning district. 2. The proposed development is consistent with the Growth Management Plan (GMP). There are no GMP issues associated with this Site Plan with Deviations. 3. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. The redevelopment will bring the landscaping up to current code to the greatest extent possible. 4. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. The site previously had a gas station canopy in this location prior to wind damage. 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. Site Plan with Deviations DR-PL20130002395 Page 5 of 7 Green Store Except for the canopy deviation requested in this application,the Site Improvement Plan 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. A good portion of the existing site is paved. The redevelopment will bring the landscaping up to current code to the greatest extent possible. 7. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. The site is under single ownership. 8. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Staff believes that the deviation is clearly delineated and that it is the minimum required to achieve the desired goal. 9. The petitioner has provided enhancements to the development. The redevelopment will bring the landscaping up to current code to the greatest extent possible. 10. Approval of the deviation will not have an adverse effect on adjacent properties. Staff believes that the requested deviation 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-PL20130002395 on March 6, 2015. SAS STAFF RECOMMENDATION: Staff recommends approval of the Site Plan with Deviations for the Green Store #108 (DR- PL20130002395). Site Plan with Deviations DR-PL20130002395 Page 6 of 7 Green Store PREPARED BY: • ?"" -IV-16- F RID REISCHL AICP,PRINCIPAL PLANNER DATE ZONING SERVICES SECTION REVIEWED BY: AP AP_ 3 •io -tc' RAY BE MS, ZONI G MANAGER DATE ZONINt SERVICES SECTION - 1- r MIKE BOSI, AICP,DIRECTOR DATE ZONING DIVISION Site Plan with Deviations DR-PL20130002395 Page 7 of 7 Green Store •"9r,J` roresm HIJILDINC: L&RuscfwE AREA 'e' zofi , LAMOSCAPE AREA RACK TOP ACCESS DRIVE I , iNC 24' SI4 r 3 24' r,5"2' LAN t)ER AREA { b TAMIAMI TRAIL (US 41) (SR 90) UM' RICNT-D1,6-WAY) APPROVED 1977 SITE PLAN (RECONSTRUCTED FROM MICROFILM PRINT) 15' SIDE SE MACK LINE s t s,. L a .R_f306K 730 / -�,/ t PAGE 723 / / \ / f 4 / /"V 4�Q A S°F h. a fir.. .,. i yr / X N."'/ ( r '0o74 0 '. , ' S• 4 C 0 4'PYC // / I ',.'.a i` W lo' PVC �` 'tom, 11/ K w 2. 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''''',"-.4-'''------7,.. N.,. `,..,, N.. N. N,.. *--... . 'N... , 'N.N.NNNN, • `,. N., Landscape Plan ! . S1StY • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 SITE PLAN WITH DEVIATIONS FOR REDEVELOPMENT LDC Section 10.02.03 F Ch. 6 I of the Administrative Code CR - PL20130002395 Rev: 1 PROJECT NUMBER Green Store#108 PROJECT NAME Date: 6/18/14 DUE: 7/17/14 DATE PROCESSED Companion Item:SIP—PL-2013-2395 APPLICANT INFORMATION NAME OF APPLICANT: Randolph Ramtahal ADDRESS: 14501 Tamiami Trail E. CITY Naples STATE Fl. zip 34114 TELEPHONE# 239-537-0860 CELL# FAX# E-MAIL ADDRESS: sammy89 @embargmail.com NAME OF AGENT: Martin D. Pinckney FIRM: American Engineering Consultants of Marco Island, Inc. ADDRESS: 573 Bald Eagle Dr. CITY Marco Island STATE FL ZIP 34145 TELEPHONE# 239-394-1 697 CELL# FAX# 239-394-7571 E-MAIL ADDRESS: Martin @AEC-Ml.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: 2013-2395 PLANNER/PROJECT MANAGER, IF KNOWN: Fred Reischl DATE OF SUBMITTAL OF SDP/SDPA/SIP: 1110 10/18/2013 Page 1 of 4 Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 INFORMATION REGARDING DEVIATION REQUESTS A site plan with deviations for redevelopment provides a means for a redevelopment project to seek dimensional deviations (excluding height), architectural deviations, and deviations from site features, such as but not limited to, landscaping, parking, and buffers, from the standards established in the LDC when the passing of time has rendered certain existing buildings, structures,or site features nonconforming. A site plan with deviations may be requested for the redevelopment of a site which meets the criteria for a site development plan, site development plan amendment or a site improvement plan as established in LDC section 10.02.03. Except for the requested deviations,the site plan shall comply with LDC section 10.02.03. In accordance with LDC section 10.02.03 F, "redevelopment" shall mean the renovation, restoration, or remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing buildings,structures or infrastructure were legally built and installed. DEVIATION REQUESTS The application must address the follow requirements. Please attach the required narratives and explanations. 1. A narrative of the redevelopment project and how it is consistent with the standards for approval, LDC section 10.02.03 F.7. 2. Description of each requested deviation and justification for each request. Requested deviations shall be clearly delineated in the petition. The LDC section for which the deviation seeks relief from shall be identified. 3. Project enhancements to offset or minimize the deviations shall be clearly identified on the site plan and explanation provided. 4. Deviation Request types: Zoning Deviation Requests-Check all that may be impacted by the request. [Zo 1 Dimensional standards(excluding height):Front Setback Parking Architectural ❑ Landscape/Buffers ❑ Other site features: Engineering Deviation Requests-Check all that may be impacted by the request. C Stormwater r❑ Pathways D Transportation Planning Other site features: 10/18/2013 Page 2 of 4 coif r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 SUBMITTAL REQUIREMENTS CHECKLIST - 1 REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Site Development Plan with Deviations for — lx Redevelopment Application Completed SDP/SDPA/SIP application i J I I 5-<1 Copy for the Pre-Application Notes, if not submitted with f f x SDP/SDPA/SIP — Notarized and Completed Owner/Agent Affidavits I 1 [x j Electronic Copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all ( I C materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARNG PROCESS: • At the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • • Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS ❑ 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 10/18/2013 Page 3 of 4 Co l*e-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 AFFIDAVIT We/I,Steve and Dorothy Lefes being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. American Engineering Consultants of Marco Island,Inc. As property owner We/I further authorize to act as our/my representative in any matters regarding this Petition. Signature of Proferty Owner Signature of\P/operty Owner Typed or Printed Name of Owner Typed or Printe Name of Owner The foregoing instrument was acknowledged before me this a0 day oft 1nr( JL ____., 20 t'Y by , (-evc Qxx)141y Lefec5 who is persQGtaily..known tome or has produced as identification. cZottc_ft 6 Lt.f.40---- (Signature of Notary Public-State otf ilorida) k (Print, Type, or Stamp Commissioned Name of Notary Public) LAURA A. BURUU `b:�Notary Public-State of Florida - ►I. ' - Commission#FF16505•^1;,,►�+ �' My Commission Expires June 7,2017 10/18/2013 Page 4 of 4 ,. Sep, 3. 2014 3 : 17PM , 2„ZZ--7 No. 4532 P, 3 :),5 L4-c-% 7 T7 o AFFIDAVIT OF AUTHORIZATION FOI3 PETITION NUMBERS(S) Pl--Z-ct 3 00023 V5 _..__ r'7 I 7`,4,`u/ri /,'„7,' :S/41,//,';r4% // (print name},asr. 7 �r /4-, ..(title,if applicable)of /r u ``�'4-,L .V.. c9 / C' ' (company, If applicable),swear or affirm under oath, that I am the(choose one)owner applicantr:2}ffontract 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 impa,sed by the approved action. fl.,,,ro -s •,%„- C 5. Ohre/I authorize/f f v-r-t vk .-ti.))rh -e•-et,-1'� C-cl.tS, to act as our/my representative in any matters regarding this petition ircc1udtng 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 ha 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 he identified as the "general partner"of the named partnership, • If the applicant is a trust, then they must include the trustee's name end the words"as trustee". - . - --• In each-instanca,r-first-determine the-applicants-status,-e:g:;-Individual; corporate,trash-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 factsstatud in it ar -,true. , .:_„ ,,,‘„,z. ,„•-- , c___ ,_. /.,--__,,,,,,( ,.../ Signature Date STATE OF FLORIDA COUNTY OF COLLIER t l / �TTdfo o rr1 l u n t r - x3woro to (or of mined) ari ubsc ibod before me o ,n / 1 /` (data) by Clrt�` ' �r Or-, r +,..I, f, I (name of oer:3on providing oath or affirmation), as T ' ' v . i r :nro'Is personally known to rn or who has produced t--= (type of tdentih ,l .n)as identification. ,- ;r rr STAMFlSEAL 7 i ! ttf ! ZC 4 t ta_ Debbie Kas"tarsol Signature of Notary Put7 lfc j ir Notary Public State of Florida A. My Commission Expires 1612212016 Commission No.EE 045692 • ce■oa•coA•007511r5 DR - PL20130002395 Rev: 2 i EV 3rzana Green Store#108 Date: 10/21/14 DUE: 11/19/14 American Engineering Consultants of Marco Island, Inc 573 Bald Eagle Drive Marco Island, Florida 34145 239-394-1697 - FAX 239-394-7571 December 8, 2014 Mr. Fred Reischl, AICP DR — PL20130002395 Rev 3 Senior Planner GREEN STORE #108 Planning & Zoning Department Date: 1/6/15 Collier County Government DUE: 2/4/15 2800 North Horseshoe Drive Naples, Florida 34104 Re: PL20130002395 Green Store No.108: Response to Insufficiency Letter Dear Mr. Reischl: This letter is our response to the Insufficiency Letter dated December 2. Responses in blue type. County Attorney Review Please indicate on the affidavit the legal name of the company Randolph Ramtahal is acting on behalf of. "Green Store #108" is not a valid name of a legal, active entity in Florida. It is my understanding that the applicant has resolved this question. As previously requested, please address (with specificity) each enumerated criteria under the "Standards of Approval" in Section 10,02.03.F.7 of the LDC. Actually, what was previously requested was a "narrative/explanation", which was in fact provided. Any knowledgeable staffer reading the narrative and reviewing the plan should be able to easily understand how the requested deviation meets the standards for approval. However, the reviewer is now requesting a line-by-line response, rather than a narrative. This has unnecessarily caused the owner additional delay and cost. Nevertheless, here is the line-by-line response: a.Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. The land is zoned C2, which permits Gasoline service stations. b.The proposed development is consistent with the Growth Management Plan. It's not a "development". It is just a canopy replacement. Since the use is permitted in the zoning district, and all that is being requested is a deviation from current front setback, then of course it is consistent. 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 "development" provides beneficial retail services to the community. 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. The land area has proven to be adequate through use, and in any case was previously approved. The area around the gas pumps will be more than adequate if a new canopy is installed to provide protection from the elements to motorists while refueling. • 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. All of these enumerated features are present and functioning as they have since 1977, so I believe they are appropriate. The landscaping is being enhanced for this project, and the new canopy will meet current architectural standards. 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. The new canopy will comply with current architectural standards, so it will be visually better than the one it replaces. The enhanced landscaping will better in quality than the existing landscaping. g. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. Not applicable, since this is not a condominium. h.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. Deviations are clearly delineated, and the owner is only asking for the one deviation of the • front setback, from current standards. It meets the standards under which the project was originally approved. i.The petitioner has provided enhancements to the development. The petitioner has submitted a landscape plan showing enhanced landscaping. j.Approval of the deviation will not have an adverse effect on adjacent properties. It will not have any affect on adjacent properties except the benefit of have a covered fueling station for customers from adjacent communities. Provide an 8.5x11 copy of the "Site Plan Showing Deviations"exhibit. Provided. If we have omitted anything, or if there are any questions, please let me know immediately at 394-1697. Sincerely, AMERICAN ENGINEERING CONSULTANTS Of Marco Island, INC. Certificate of Authorization No. 7)/2_4. /,9 Martin D. Pinckney, P.E. Chief Engineer 1 .24-br 1 4 t 1 I 1 ill i I 2 ; V7' 5104/I s PP 11 ie:1.5 el 1 ' al. , V' < i 111/ atitlithq ,P,'!IlliriVilkn2 5112;01.! eh; bt, 1 f ga ,higg .gg 11 g§ggiag. in., . „g , 1 1 si ift 0 z 004 0 1 •,:q ''''''. ... • ii i tie i 1,1.7.›., 4,4, tt. tal i 1 1,-4: j<Z 0 mIllr . IA - •, ri) ;1 el ., L,, ,,,, it On 8g wO‹' us 41t-. , "1 ) - (/)COW i 0 1 i OP, o it gi 4 S t! vat . 1 i.:P1 ' p.i uf z —....-:4e--vra 0 odv.' 4,0,10-114.MI — - ----,-R-7---;...,„„ ti4, 1 . _..., _ 77, / z eu le & VS 0 g / /1 t ; N., / / -i U. / 1.11 —J 0 / z / / / // m CO 12. 1 ! 1 .1 s i 1 I / // / / 0 < > (1/ ii / l'". 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I 1 .1 , / L. ..,... .__:.-/...._/4 ' 1 ti tw,21 i / / 01.1 n.,4Ci , —I w. .,.........-.. / 20 ce.m..4'900,11410.001,1 / ,,,, I (I' 'i >. t , / / ' 0 °1 bi tAC.V = '''C g i71051a; 14'4 5. . r ANIL 0,wRR X a. 7-... tqv3 t „ _.........—.........____ e ch.},tri, 0 1 1 8 1 0 0 0 19 7 8 ��,erg - OR BOOK PAGE REV. 1 SIP PL20130002395 GREEN STORE#108 DATE: 6/18/14 DUE: 7/17/14 stamps: grad. $a : -..7:3 • /3, p o WARRANTY DEED Et; This Warranty Deed made and executed this 24th day of l "�'- aFebruary , 19 86by NAPLES FINANCIAL SERVICES, INC., ? c a corporation organized and aperatinq under the laws o the state wof Florida , hereinafter called the Grantor, to STEVE LEFTS and a DOROTHY C. LE Es ,,,,,husband and wife as an estate by the 11 ii .es, whose post office address is 0 T Seaview Ct. C-603, � et : ' Marco Island, FL 33937, hereinafter called the Grantee: (Whenever used herein the terms "Grantor" and "Grantee° ` include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) . cra >- WITNESSETH: that the Grantor, for and in consideration of el' i the sum of $10.00 and other good and valuable consideration, -- o receipt of which is hereby acknowledged, by these presents does C42 LI grant, bargain, sell, alien, remise, release, convey and confirm °C+ w unto the Grantee, all that certain land situate, lying and being _4 in the State of Fiorida.�r,,,.to`wi ``- ra as per EXHIBI /gll ",Ir ttached -.�Ax'e Together watl..,�"all the tenements °'"hereditaments and a urtenances theretz belonging or any wise 'appertaining. To have and to hold the I- me in`.feeere Yle foreXer.\ The Grantor hereby coy.ensnts with said Grantee that Grantor 410 is lawfully seiz d 21-19 i`d�'land)lny fe liug";le. that Grantor has good right and ;`awful'jauthorifjy( t 9e1l "and\convey said land; that Grantor hereby, f , lye war aRtS--the4 title to said land and Will homsoever defend tR abed t:ateeaid"lan i'nef3'eawfu e of-;Tallaencumbrancespersons except restrictions a4n,d-4easements common torthe subdiv' #on, outstanding oil, gas, and r,,ine al interests of rgderd,d if any ., ', and ad valorem s"' real estate taxeox the current yea i , 'F I " In witness L'efeof,,the said Granter ,eha set Grantor's hand and seal the day am �year'ef rr t abo r tt' e Signed, sealed and i'—e. PI if I- ( 1\" . +' Ndelivered in our presence: a-- 44 = NAPLES FINANCIAL SERVICES, INC. J4 i-74. (Corporate seal) ��iz' .�.1.reC.• ' 41IeZ 'Ea ATTES ITS G'` l 444,4 w Z„ Wigs sed by,: Received $2 60 , ,a'TILL' z.4 -_ ` X.s' Documentary Stomp Tax ti q Witnessed by: Collier County,Fief ida t�sr.� STATE OF FLORIDA by tem J, i C rk a» COIINTY OF Collier Before me personally appeared Ronald Rucker and , to me well known and known to me to be the individuals described in and who executed the foregoing instrument as Vice President and Secretary of NAPLES 4110 beforeFINANClmmee nd thatSERVICES, they execut and they d such instrument as such officersed to aof ({ 1 . i 1, 4 , • O0II8I 001979 /OR F OOK PAGE said corporation an t.„st the seal affixed to the foregoing instrument is the corporate seal of said corporation and that it t was affixed te authority, andothat said$inssttrument due and freeer deed act and ulaaof said corporation. Witness my hand and official seal this ________24th day of , - : rte. '.. .. February , 1986.. t� ' '�' ') ''x My Commission exp► ea: r• r •. ro '-}”.fir r.c NO•fAe1t rysl}0.57ATrieE OFfLolt1lA jau 7fii'e instrument ,, ` '.;t, was'.prepared by . *Kenneth W. Richman, Jr., Esquire iP- ; , ;..G3.1lette, Pi.loTi, and Rioh�tan, P.A. .'-';'''''.1,'4"$nits 4©5, haple"s, Federal Building -x:51301 Pelican Bay Boulevard y •'is Naples, Florida •33963 1813) 597-2827 " • fit ,,, 40 - �� . ,s ; \` J~ j``' ill ;*- . 1 /erry:,Z,,:. .moi i j . 001980 a0lial OR BOOK PAGE 4111111 . . EXHIBIT "A" ' DESCRIPTION OF COMMERCIAL PARCEL 33 . Commencing at the Southeast corner of Section 12,(Northeast , corner of Section 13), Township 51 South, Range 26 East, Collier County, Florida; Thence along the East line of Section 13, Township 51 South, Range 26 East, SO°19'37"W, 336.19 feet to the northerly right-of-way line of State Road 90 (US-41); Thence along said right-of-Way line of State Road 90 (US-41) N54"18'59"W, 2513.50 feet to the centerline of a 60 foot easement for ingress and egress (Joseph Lane); Thence along said centerline ND°37'18"E, 509.77 feet; Thence ' N89°22'42"W, 30.00 feet to the West line of a 60 foot easement for ingress andegress--( oseph Lane) and the PLACE OF BEGINNING: Ot Thence N54°18'59 ' 9� 5 4feet, TIseaPe '450°17'41"W, 165.05 feet; Thence N5'�P`5l -3V"W, 404.83 feet), Tjunpe 1488°58'49"W, 117.40 feet ti thn°North-South I line of said Section 12; Thence along the/ N,ordS*1South 1 line of' said Section 12, SO°40'25"W, ,181.34 feet, to`"the nor` herly right-of-way line of State Rs`aad j 90 (LCS`1 r,)„;-NThence, along, the northerly � right-of-way l r�e7QfL tate. Roar--9,(k---(i7 1)' x+54°18'59"E, 809.41 feet ta'f the es-.1,.! liter `'Sc'f a Y60\, mit easement for 411, ingress and=e r'sa (Joseph e ;,': hints a prig the West line ofga 60 foote«Veinep \fdr ing esf ands`eg 'ess,4Joseph Lane) . NO°37'18"E,;48j3=,71•Yeet'-tss-�t'ie ?lace of Bdgitu.i ig. 7 Bearings ar _ `sed on the northez4y rig Tp£rway line of State Road 90,,A141741) as being N54" 8,'53"W `; f. Subject to easements, restrictions .,:andreservations of Record. \\!---.)/, , '+.,/ 'tea .f . 411r' , . 1 ' , .1 Detail by Registered Agent Name Page 1 of 2 FLORIDA DEPARTMENT OF STATE • DIVISION OF CORPORATIONS .. knpr Detail by Registered Agent Name Florida Profit Corporation 5 STAR PETROLEUM, INC. Filing Information Document Number P01000005263 FEI/EIN Number 651063282 Date Filed 01/11/2001 State FL Status INACTIVE Last Event ADMIN DISSOLUTION FOR ANNUAL REPORT Event Date Filed 09/25/2009 Event Effective Date NONE Principal Address 14501 TAMIAMI TRAIL E. NAPLES, FL 34114 40 Changed: 05/17/2005 Mailing Address 14501 TAMIAMI TRAIL E. NAPLES, FL 34114 Changed: 05/17/2005 Registered Agent Name &Address RAMTAHAL, RANDOLPH 8409 MALLOW LN NAPLES, FL 34113 Name Changed: 02/05/2007 Address Changed: 02/05/2007 Officer/Director Detail Name&Address Title P RAMTAHAL, RANDOLPH 8409 MALLOW LN • NAPLES, FL 34113 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Regis... 2/23/2015 Detail by Registered Agent Name Page 2 of 2 Title VP 411/ AHAMMAD, ZAMIL 8013 PANTHER TRAIL APT#803 NAPLES, FL 34113 Annual Reports Report Year Filed Date 2006 05/01/2006 2007 02/05/2007 2008 01/18/2008 Document Images 01/18/2008 --ANNUAL REPORT View image in PDF format 02/05/2007--ANNUAL REPORT View image in PDF format 05/01/2006 --ANNUAL REPORT View image in PDF format 05/17/2005 --ANNUAL REPORT View image in PDF format 05/26/2004--ANNUAL REPORT View image in PDF format 10/21/2003-- REINSTATEMENT View image in PDF format 04/11/2002--ANNUAL REPORT View image in PDF format 01/11/2001 -- Domestic Profit View image in PDF format CopYriBtit IP and Privy Policies State of flow#a,Department of State i http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Regis... 2/23/2015 AGENDA ITEM 4-D Co e-r County STAFF REPORT COLLIER COUNTY HEARING EXAMINER FROM: ZONING SERVICES SECTION, GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MARCH 26,2015 SUBJECT: LEGAL AID BUILDING, SITE PLAN WITH DEVIATIONS, DR-PL20140001595 PROPERTY OWNER/AGENT: Applicant: Agent: Legal Aid Services of Collier County David Corbin 4125 East Tamiami Trail David Corbin Architect, PPLC, Naples,Fl 34112 1042 Sixth Avenue North Naples, Fl 34102 REQUESTED ACTION: The proposed Legal Aid Building intends to redevelop an existing structure constructed in the late 1980's. The building has been vacant for approximately 5 years; the most recent use was an appliance and electronic retail use. The proposed Legal Aid redevelopment intends to use the entire building to serve a proposed general office use. The building is approximately 11,970 square feet and the applicant is not proposing any additional square footage. Because the existing building was permitted to the applicable provisions of code standards in place at that time of construction certain aspects of the development do not meet current Land Development code (LDC) requirements and standards. The applicant is requesting consideration of fourteen deviations from the LDC consistent with the Site Plan with Deviations (DR) process. The deviations are outlined and discussed later in this report. GEOGRAPHIC LOCATION: The subject property is located in the Pineland on the Trail Subdivision, Lots 22-24 & 64-66, in Section 13, Township 50 South, Range 25 East, Collier County, Florida, Folio number 67080400003. (See location map on following page.) DRD-PL20140001595-Legal Aid Page 1 of 12 March 4,2015(Revised:3-6-15',3-9-15') 5 A' { , li — ", — ' Proposed Legal Aid ice" •s r ,,,. .. - . ... ::,,,, .,,,,, . --,, , , . . . .... ...... . . . . :.„ .. , ... d e 1 u .. ,.,.:''' V.. .1'.., .1 44 '' ' 4' Not -,,,,,,,.....0. .„.:( . , . , - ..,-..„ „. „, , ., f 1 \ , i p 8t r • , �}' °Ym -' I I*Se- — .,' ,.. „.. ,.... , _ .. . , „ . , , i , ,,... :.,,,.....„. . , , ,. , ... . . ,,,,„„:„ : „,„„ .., .... , , .. ,,,,,,z, . , �*,. .. .. rktC•Tn YRb. : a c Aerial Photo(not to scale) SURROUNDING LAND USE & ZONING: SUBJECT PARCELS: A vacant structure with a zoning designation of C-3 (Commercial Intermediate District). SURROUNDING: North: An undeveloped parcel with a zoning designation of C-3. East: The Tamiami Trail East right-of-way,then a commercial development with a zoning designation of C-3. . South: An undeveloped parcel with a zoning designation of C-3. West: The Outer Drive right-of-way,then a residential development with a zoning designation of RMF-6(Residential Single Family-6 District). DRD-PL20140001595-Legal Aid Page 2 of 12 March 4,2015(Revised: 3-6-15',3-9-15') I a . _MP, _ •-•02 2 2 2 : Cytig). 4 7 A,Lib,itt;I i i r, al./74 AL„\ -,-... Jilin, 7 r�. ib� mut* +�� Q©Q� '+ ro �� 5 © its �9a#�r4r bZi O�, Q ■iiiTiniii� in am sin mar a, i awilINIIIIIkirillilliffl'itiliIIIIIIWT: Alit. „. Qz e MI\ 0 1 z Irv"- ifilgk _ e1- ` W O ~ tr ii6Cl. o @ J ' I U, \ <2 a © �� '`" .1 (' 110 y tli! '� ZG a 7 ,o 1© .91611 1i i O � ,ya ,�r�' � Eta : . ca a'. � ilCS ��"©© .Q I N `t ,40 ,423®CM mamacs sv /gm �EMMi ®A 0'011 . 411‘ is" ? u .411rd 114 DIA961111111 3 1 Alum Mum nu011110011110131 cs . um INLIEPI Mail 31 ELMO KM -0 Nout § -1 i 11111E811111814 EMI Ina WW1 -M t ,gum SION EMI 11:101 -w [ v din=sitNu= KIv0'M :Q b , a t / ice- 4 w o gi 2 a -1 11 w v,0' —`Y O o t - , ite A SW,030/6111 4.9 7 , $ 1 E II if " i 0 F I J f YMI.4Y/i. rafir I-1 -- __-______,--1,-, ..... .. x -N APPLICANT'S JUSTIFICATION FOR REQUESTED DEVIATION: The petitioner is seeking fourteen deviations from the requirements of the Land Development Code(LDC). The deviations are listed below with staff analysis and recommendations. Deviation 1 seeks relief from LDC Section 4.06.02, Buffer Requirements-minimum width of buffer areas, which requires a minimum perimeter buffer width depending on the subject parcels proposed use and the adjacent zoning district and/or use,or width of right-of-way. Petitioner's Rationale: The petitioner provided the following justification in the application narrative for this deviation: The existing building and asphalt occur within the buffer areas. Proposed, required buffer landscaping relocated to adjacent areas, as feasible, utilizing existing trees to satisfy buffer requirements. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved because the request is due to existing conditions resulting from revisions to LDC requirements occurring after the development was originally constructed. The applicant intends to meet current standards to the maximum extent possible consistent with LDC Section 4.06.02.A.6. For these reasons it is staff opinion that the requested deviation is reasonable. Deviation 2 seeks relief from LDC Section 4.06.03.B, Landscaping Requirements for Vehicular Use Areas-minimum terminal island width,which requires that all vehicular use area parking and terminal island widths be a minimum of eight feet. Petitioner's Rationale: The petitioner provided the following justification in the application narrative for this deviation: Existing landscape island(s) interfer with fire/emergency access and turning radii. Proposed landscaping satisfies tree requirement in adjacent locations as feasible. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved because the request is due to existing conditions resulting from revisions to LDC requirements occurring after the development was originally constructed. The applicant intends to meet current standards to the maximum extent possible and also consistent with LDC Section 4.06.03.B.6 alternative design equivalency provisions. For these reasons it is staff opinion that the requested deviation is reasonable. Deviation 3 seeks relief from LDC Section 4.06.05.C, General Landscape Requirements- minimum width of building foundation planting area, which requires a minimum five foot wide for all building foundation areas for buildings such as the subject development. Petitioner's Rationale: The petitioner provided the following justification in the application narrative for this deviation: DRD-PL20140001595-Legal Aid Page 4 of 12 March 4,2015(Revised:3-6-15',3-9-15') Existing impervious area occurs/required to maintain fire/emergency access and turning radii. Proposed landscaping required is relocated adjacent go the building as feasible. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved because the request is due to existing conditions resulting from revisions to LDC requirements occurring after the development was originally constructed. The applicant intends to meet current standards to the maximum extent possible consistent with the purpose and intent of this section of the LDC. For these reasons it is staff opinion that the requested deviation is reasonable. Deviation 4 seeks relief from LDC Section 4.06.05.H.2.b, Installation and selection requirements for plant materials, which does not allow parking lot light poles to be located in landscape islands causing conflict with required canopy trees. Petitioner's Rationale: The petitioner provided the following justification in the application narrative for this deviation: Lighting location site to accommodate existing, mature trees and not conflict with anticipated growth. Proposed, required landscape island tree located adjacent to the location maintaining required 12.5'separation. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved because the request is due to existing conditions resulting from revisions to LDC requirements occurring after the development was originally constructed. The applicant intends to meet current standards to the maximum extent possible consistent with the purpose and intent of this section of the LDC. For these reasons it is staff opinion that the requested deviation is reasonable. Deviation 5 seeks relief from LDC Section 5.03.02.H, which requires a 6 to 8 foot high masonry wall/fence between non-residential uses located adjacent to residential districts. Petitioner's Rationale: The petitioner provided the following justification in the application. narrative for this deviation: Proposed buffer contains the required hedge (at Alternative B heights exceeding ROW buffer hedge) to satisfy height requirement without combination and required trees (note existing utilized). Deviation is sought for the following: 1) Security purposes from the right-of-way, allowing views into the site, 2) Negative impact to the opposing-side residential use/disparate wall "section" for this site, not occurring on other, `predevelopment"parcels. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved because the request is due to existing conditions resulting from revisions to LDC requirements occurring after the development was originally constructed. The applicant intends to meet and/or exceed current standards to the maximum extent possible consistent with the DRD-PL20140001595-Legal Aid Page 5 of 12 March 4,2015(Revised: 3-6-15',3-9-15') purpose and intent of this section of the LDC. For these reasons it is staff opinion that the requested deviation is reasonable. Deviation 6 seeks relief from LDC Section 4.02.01, Table 2.1, required side yard setback, which requires in the C-3 zoning district a 15 foot side yard setback for principal structures. Petitioner's Rationale: The petitioner provided the following justification in the application narrative for this deviation: Actual setback for the existing building along NW property line is 0 feet. This is a side property line. This is an existing condition that we can do nothing about. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved because the request is due to existing conditions resulting from revisions to minimum LDC requirements occurring after the development was originally constructed. Deviation 7 seeks relief from LDC Section 5.05.08.C.2.c, Primary Façade Design Features, which requires a primary facade to have at least two of the listed design features. Petitioner's Rationale: The petitioner provided the following justification in the application narrative for this deviation: Existing building requires two primary facades: Front on Tamiami Trail East (NE) and Rear on Outer Drive (SW). These two facades do not have any primary façade features. We (propose to) meet the requirements on the NE facade. On the SE façade we are unable to incorporate the required 2 design features due to the configuration of the existing building and prohibitive cost of adding the design features. In order to mitigate the deviation, we are adding windows, covered entry, stucco details, equipment screens and landscaping. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved because the request is due to existing conditions resulting from revisions to LDC requirements occurring after the development was originally constructed. The applicant intends to provide enhancements to the facades that were not required when originally permitted. While the proposed enhancements do not fully meet current LDC standards they do represent enhancements beyond those originally standards/requirements. For these reasons it is staff opinion that the requested deviation is reasonable. Deviation 8 seeks relief from LDC Section 5.05.08.C.4.a.iii, Variation in Massing, which intends to avoid single large dominant building mass's on all façades of building between 10,000 and 19,999 square feet in gross building area. Petitioner's Rationale: The petitioner provided the following justification in the application narrative for this deviation: DRD-PL20140001595-Legal Aid Page 6 of 12 March 4,2015(Revised:3-6-15',3-9-15') ............. The existing building does not have any projections and only one glazed opening of 312 sf (14.5%of the overall facade). One facade is on the property line and cannot be improved. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved because the request is due to existing conditions resulting from revisions to LDC requirements occurring after the development was originally constructed. The applicant intends to provide enhancements to the facades that were not required when originally permitted. While the proposed enhancements do not fully meet current LDC standards they do represent enhancements beyond those originally standards/requirements. For these reasons it is staff opinion that the requested deviation is reasonable. Deviation 9 seeks relief from LDC Section 5.05.08.C.4.b.i,ii, Wall Plane Changes, which limits any single wall plan from exceeding 60 percent of each facade. Petitioner's Rationale: The petitioner provided the following justification in the application narrative for this deviation: Due to the existing configuration and location on site of the existing building, we have wall planes that exceed 60%of the overall facade(s). Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved because the request is due to existing conditions resulting from revisions to LDC requirements occurring after the development was originally constructed. The applicant intends to provide enhancements to the facades that were not required when originally permitted. While the proposed enhancements do not fully meet current LDC standards they do represent enhancements beyond those originally standards/requirements. For these reasons it is staff opinion that the requested deviation is reasonable. Deviation 10 seeks relief from LDC Section 5.05.08.C.8.b, Detail Features, which prohibits blank wall areas greater than 10 feet vertically and 20 feet in width. Petitioner's Rationale: The petitioner provided the following justification in the application narrative for this deviation: This requirement cannot be meet on 1 of 4 facades due to the configuration of the existing building. One façade is located on the property line and another is directly adjacent to a drive, limiting our ability to make changes to the façade. The existing walls are painted CMU. This wall type does not allow us to make the required control joints. Life safety codes limit the number of windows we can add to the facade on the property line. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved because the request is due to existing conditions resulting from revisions to LDC requirements occurring after the development was originally constructed. The applicant intends to provide enhancements to the facades that were not required when originally permitted. While the proposed enhancements do not fully meet current LDC standards they do represent DRD-PL20140001595-Legal Aid Page 7 of 12 March 4,2015(Revised:3-6-15', 3-9-15') enhancements beyond those originally standards/requirements. For these reasons it is staff opinion that the requested deviation is reasonable. Deviation 11 seeks relief from LDC Section 5.05.08.C.10.b.i, Roof Treatments-Vertical Variations, which requires parapet walls to have vertical variations. Petitioner's Rationale: The petitioner provided the following justification in the application narrative for this deviation: This requirement cannot be met due to the configuration of the existing building. The existing building has a straight parapet along 3 sides and a roof edge along one. Making changes to the parapet would be cost prohibitive. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved because the request is due to existing conditions resulting from revisions to LDC requirements occurring after the development was originally constructed. While cost of required improvements is not a generally recognized consideration the applicant intends to provide enhancements to the building that were not required when originally permitted. While the proposed enhancements do not fully meet current LDC standards they do represent enhancements beyond those originally standards/requirements. For these reasons it is staff opinion that the requested deviation is reasonable. Deviation 12 seeks relief from LDC Section 5.05.08.C.10.c.ii, Roof Treatments-Parapet which requires that when a flat is screened with a parapet wall or mansard roof on any facade, the parapet wall or mansard roof must also extend along the remaining facades. Petitioner's Rationale: The petitioner provided the following justification in the application narrative for this deviation: The existing roof building has parapet roof along three sides. The fourth side cannot have a parapet due to the fact that the roof slopes in that direction making it impossible to enclose that portion of the rood with a parapet. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved because the request is due to existing conditions resulting from revisions to LDC requirements occurring after the development was originally constructed. The applicant intends to provide enhancements to the building that were not required when originally permitted. While the proposed enhancements do not fully meet current LDC standards they do represent enhancements beyond those originally standards/requirements. For these reasons it is staff opinion that the requested deviation is reasonable. Deviation 13 seeks relief from LDC Section 5.05.08.C.12.b, Entryway/Customer Entrance Treatment, which requires that the front entry be setback from a drive or parking area by a minimum distance of 15 feet. DRD-PL20140001595-Legal Aid Page 8 of 12 March 4,2015(Revised: 3-6-15',3-9-15') Petitioner's Rationale: The petitioner provided the following justification in the application narrative for this deviation: The primary entrance meets 4 of the five requirements (of this LDC Section). (The) deviation is required due to the fact that the entry is less than 15 feet from parking. This is due to existing side design. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved because the request is due to existing conditions resulting from revisions to LDC requirements occurring after the development was originally constructed. The applicant intends to provide enhancements to the building that were not required when originally permitted. While the proposed enhancements do not fully meet current LDC standards they do represent enhancements beyond those originally standards/requirements. For these reasons it is staff opinion that the requested deviation is reasonable. Deviation 14 seeks relief from LDC Section 5.05.08.E.2.f.i,Pedestrian Pathways,which requires a continuous perimeter path interconnecting all entrances and exits of a building. Petitioner's Rationale: The petitioner provided the following justification in the application narrative for this deviation: This requirement cannot be meet due to the fact that a vehicular drive is located directly against the building on one side and on the opposite side the building is located on the property line. No space exists for a pedestrian pathway and pedestrian traffic is not expected to travel between the public (front) and staff (rear) doors. No doors are proposed on the side elevations. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved because the request is due to existing conditions resulting from revisions to LDC requirements occurring after the development was originally constructed. For this reason it is staff opinion that the requested deviation is reasonable. ANALYSIS: Staff has reviewed the requested against the established criteria for Site Plans with Deviations under LDC Section 10.02.03.F.7, and provide the below analysis. 1. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. Staff has described the existing land use pattern in the "surrounding Land Use and Zoning" portion of this report. The proposed deviations will not change the permitted land uses and densities within the development. 2. The proposed development is consistent with the Growth Management Plan. DRD-PL20140001595-Legal Aid Page 9 of 12 March 4,2015(Revised:3-6-15', 3-9'-15') Staff is of the opinion that the project as proposed will remain consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP because uses are not changing with this amendment. 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. As noted above the proposed deviation will not change the permitted land uses and densities within the development. It is staff opinion that the proposed development, while not fully meeting current LDC requirements, does propose building-site-and landscape improvements that exceed the requirements upon which the site was originally developed. The proposed improvements will have both a visual and economic beneficial effect for the surrounding neighborhood and unincorporated Collier County for this currently vacant development. 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 proposed deviations will not change the current land area within the development and are adequate to serve the intended purpose. 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. Staff is of the opinion that the proposed deviations meet the purpose and intent of the LDC regulations as noted above for the proposed redevelopment. The additional architectural, site and landscape improvements proposed are appropriate and will be of benefit to the community. 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. Staff has reviewed the information provided by the applicant and is of the opinion that the project will exceed the standards required of the development when originally permitted and will contain a better visual character than the existing vacant project represents currently. DRD-PL20140001595-Legal Aid Page 10 of 12 March 4,2015(Revised:3-6-15',3-9-15') 7. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. At time of the Site Improvement Plan and Building Permit processing the proposed development improvements are subject to applicable maintenance requirements as well as standard confirmation and authorization of common ownership(s). 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 finds that the petitioner's deviations are delineated and represent the minimum required to achieve the goals of the project as outlined and stated by the agents in the application. 9. The petitioner has provided enhancements to the development. As noted above the applicant is proposing to provide additional architectural, site and landscape enhancements that will serve as a benefit to the surrounding area and Collier County in general due to its location on Tamiami Trail East and the reuse of a currently vacant development. 10. Approval of the deviation(s)will not have an adverse effect on adjacent properties. Staff has described the existing land use pattern in the "surrounding Land Use and Zoning" portion of this report. Further, based on the information provided in the application the proposed deviation should not adversely affect adjacent properties. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve the Legal Aid Building, Site Plan with Deviations, DR-PL-20140001595, Petition, subject to the following recommended condition. Recommended Condition: Approval of this petition shall be subject to the completion of the Site Improvement Plan Amendment(SIP) currently under review and all associated Building Permits as applicable. Attachments: A. Application. DRD-PL20140001595-Legal Aid Page 11 of 12 March 4,2015(Revised:3-6-15',3-9-15') PREPARED BY: :44 Ore . EL..AWY R. PROJECT MANAGER DATE //NIS G SERVICES SECTION REVIEWED BY: -�� RAY B LOWS. MANAGER DATE ZONING SERVICES SECTION s 3-/ iJ MIKE BOSI,AICP,DIRECTOR DATE ZONING DIVISION DRD-PL20140001595-Legal Aid Page 12 of 12 March 4,2015(Revised:3-6-15', 3-9-15') • GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects February 5,2015 DR- PL20140001595 REV: 3 LEGAL AID BUILDING Intake Team DATE: 2/5/15 Collier County Growth Management Division DUE: 2/12/15 2800 N. Horseshoe Drive Naples,FL 34104 RE: Legal Aid Building PL20140001595 Site Plan with Deviations Dear Intake Team The purpose of this submittal is to respond to your request for additional information dated January 21,2015 in order to obtain final approval on this application. Enclosed please find the following items for the above-referenced project application: 1. Nine(9) copies of Response to Agency Comments; 2. Nine(9) copies of Architectural Information; 3. Nine(9) copies of Revised Deviations Site Plan. We offer the following in response to your comments: Rejected Zoning Review—Michael Sawyer 10.02.02 F.2.b. Application determine incomplete Additional Comments: Rev.2: It appears review 1 comments were not clear. The proposed deviations need to be submitted as a separate documents-Each deviation needs to be separately requested/numbered instead of lumped into sections-Each deviation needs to (1)first list/note/reference the specific LDC provision,then(2)you need to write out the provision(s)of that section you are deviating from,then(3)you need to state clearly what/where/how specifically you are proposing to deviation from the minimum code provisions and also provide your justification which needs to include a statement demonstrating how it is enhancing the development. It appears to staff that you are proposing 12 deviations. Please also review the previous comments regarding the need to clarify your deviation(s)request(s). You might also consider noting in your justification that the development will be providing enhanced site elements that were not required at time of original permitting due to current LDC requirements which in-and-of-themselves are enhancements above those original code requirements and provisions. Simply meeting current code provisions to an extent represent an enhancement above the original development standards/code provisions. Response: Refer to Architectural information enclosed with this response. Q. Grady Minor&Associates,P.A. Ph. 239-947-1144 • FX: 239-947-0375 3800 Via Del Rey EB 0005151 •LB 0005151 • LC 26000266 Bonita Springs, FL 349 gineering\PROD-ENG\L\LASIP\O6DP\O1SIP\Site Plan with Deviations\RL-Intake RAI#12 Site Plan WDev.doctivw gradyminor.coln ................... r • Intake Team Re: Legal Aid Bldg. February 5,2015 Page 2 Additional Comments:Rev.2: Again it appears review 1 comments were not clear. The first deviation currently listed under the "landscape section" is not a landscape buffer deviation. Section 5.03.02.H contains provision of/for the masonry wall/fence (not the Type B landscape buffer). Please revise as outlined above for the correct LDC provisions/standards/and requirements. Response: Refer to Architectural information enclosed with this response. Additional Comments: Rev.l: Revise criteria G of your application to reflect LDC maintenance requirements (consider simply indicating that the development will meet all LDC maintenance standards). Response: Refer to Architectural information enclosed with this response. Rejected Landscape Review—Michael Sawyer 4.06.02 Provide perimeter landscape buffers. See also LDC Table 2.4 Additional Comments: Rev.2: Please see planning/zoning review comments above and revise the deviation portion of the application. Response: Refer to Architectural information enclosed with this response. Rev.1: Deviation 2 appears to proposed two actual deviations. The first deviation does not have the correct LDC reference: the required masonry wall/fence is in LDC Section 5.03.02.H. (not 4,06.02), deviation as noted above needs to be in standardized format. The second deviation appears to be a request to reduce parking island requirements of 4.06.03.B. Please revise to standard format and with two deviation requests. Please also see landscape review comments. Please also provide as part of your justification what compensation/alternative you will provide instead of minimum standards. Response: Refer to Architectural information enclosed with this response. Rejected Architectural Review—Madelin Bunster The deviation request does not address other architectural and site standards corrections in the original review. These include 5.05.08 C.2.c-Primary facade design features, 5.05.08 C.10.b and c-Roof treatments, 5.05.08 C.12.b-Entryway/customer entrance treatment, 5.05.08 E.2.f- Pedestrian pathways, and 5.05.08 E.3.f- Service function areas, conduits, meters, vents and other equipment. Please review these corrections to determine if additional deviations are necessary or if these corrections can be resolved and will not require deviations. Response: Refer to Architectural information enclosed with this response. Additional Comments: Primary facade design feature to be addressed as an additional deviation. Other remaining corrections noted have been included as deviations in this submittal and accepted. Response: Refer to Architectural information enclosed with this response. G:\Engineering\PROJ-ENG\L\LASIP\06DP\OISIP\Site Plan with Deviations\RL-Intake RAI#2 Site Plan WDev-.doc Intake Team Re: Legal Aid Bldg. February 5,2015 Page 2 Rejected Transportation Pathways Review—Stacy Revav Pay-in-lieu for sidewalk along Outer Drive. Please contact Stacy Revay with questions at 252- 5677. The following must be provided to accept payment in lieu: a) 8 1/2 X 11 Exhibit(to scale) showing your project frontage on all public or private roads/easements. Please delineate LF of frontage on each roadway and gray out this area. b.) If the applicant chooses to utilize a square footage cost different than FDOT's current Transportation Cost Estimates,which is $8.75 per square foot for a 4" thick sidewalk with no limerock(only applicable for local/private roads) or $10.28 per square foot for a 6" thick sidewalk with no limerock. This exhibit must be signed and sealed by a professional engineer and must be included. This cost estimate will be reviewed prior to acceptance. c) Check made payable to Collier County Board of County Commissioners for full payment in lieu amount. Response: The applicant has chosen to construct the sidewalk. The sidewalk will be depicted on the Site Improvement Plan. If you have any comments or need additional information,please contact our office. Sincerely, Michael Delate, P.E. Project Manager MJD:kas G:\Engineering\PROJ-ENG\L\LASIP\06DP\01SIP\Site Plan with Deviation\RL-Intake RAIl12 Site Plan WDev-.doc DEVIATIONS REQUEST LEGAL AID SERVICE OF BROWARD COUNTY DBA LEGAL AID SERVICE OF COLLIER COUNTY REVISED: January 29, 2015 REDEVELOPMENT NARRATIVE EXISTING BUILDING 4436 Tamiami Trail East • The existing structure is an approximately 11,970 sf CMU and metal frame building constructed in the late 1980's. • The building has been vacant for approximately 5 years. • The most recent use and use the building was constructed for is Mercantile. The building was a REX TV and Appliance franchise. Mercantile is a permitted use in the C-3 zoning district. ZONING C-3 PROPOSED USE The proposed use for the building is Legal Services(SIC#8111) STANDARDS FOR APPROVAL PER 10.02.03 F7 A. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. Response • The proposed use,Legal Services is a permitting use in the C3 zoning district. B. The proposed development is consistent with the Growth Management Plan. Response Yes The subject property is designated Urban(Urban Mixed Use District,Urban Residential Subdistrict)and is within the Coastal High Hazard Area as identified on the Future Land Use Map of the Growth Management Plan(FLUE). Because this property was developed prior to the adoption of the FLUE it is considered to be an improved property and may be developed or re-developed within the provisions of the existing zoning district standards." DR -PL20140001595 REV: 3 LEGAL AID BUILDING DATE: 2/5/15 DUE: 2/12/15 ARCHf1EC7JRE/PLANNN3/SUSrANA UIY David Corban Architect,plic/1042 Sixth Avenue North,Naples,FL 34102 239.207.5528 / www.Davidcorban.com / license:AR 0015672 Page 2 Legal aid deviations 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. Response • When this project is completed,a building that has been empty for 5 years will be occupied by a non profit organization that provides services for the residents of Collier County,especially those in the immediately adjacent neighborhoods. • Legal Aid Services provides high paying jobs and through its mission, helps to raise citizens of Collier County out the cycle of poverty. 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. Response • There is adequate space on site devoted to the building and its occupants, parking and stormwater management. 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. Response • The proposed legal services occupancy will be a lower intensity use than the previous mercantile occupancy that formerly occupied the space. • Changes to the existing site plan will result in better connections for pedestrians to the building, loading spaces will be added to meet current code. • Existing landscape buffers will be enhanced. A hedge will bed added to provide separation between the redeveloped site and the residential neighborhood to the southwest. 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. Response • The visual character of the project will be equal or better in quality than required in some instances where possible. Other areas where limits such as building placement and location of drives inhibit us from improving visual character to meet current standards. • The visual character shall be better in quality than the existing project in all cases. o Windows and stucco details are added to the facades. o A projected entry in front is added o A covered entry and seating area is added at the rear of the development. o Landscaping,meeting the current design standards has been added. o A landscape buffer separating the redeveloped site from the adjacent residential neighborhood will be added. G. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. Response Development will meet all LDC maintenance standards. Page 3 • Legal aid deviations H. 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. Response See list of Deviations I. The petitioner has provided enhancements to the development. Response The proposed redevelopment of this property will provide major enhancements to the development and the surrounding community. • The architectural improvements drastically improve the"big box" appearance of this building constructed prior to the implementation of Architectural Design Standards. Major elements such as a projected entry and expansive glass will enhance the aesthetics and functionality of the development. • Site plan improvements such as covered outdoor seating, improved connectivity and accessibility will enhance the development. • Landscape improvements such as additional trees and shrubs,trimming of the existing trees and ongoing maintenance will greatly enhance the development. J. Approval of the deviation will not have an adverse effect on adjacent properties. Response Approval of the deviations along with the proposed improvements will have a positive and lasting impact on the adjacent commercial and residential developments. Page 4 Legal aid deviations DEVIATIONS LANDSCAPING STANDARDS 1. Deviation Requested LDC Sec. 4.06.02 Minimum width of buffer area. Justification The existing building and asphalt occur within buffer areas. Proposed, required buffer landscaping relocated to adjacent areas,as feasible, utilizing existing trees to satisfy buffer requirements. 2. Deviation Requested LDC Sec. 4.06.03.B Minimum terminal island width of 8'. Justification Existing landscape island interferes with fire/emergency access &turning radii. Proposed landscaping satisfies tree requirement in adjacent locations, as feasible. 3. Deviation Requested LDC Sec. 5.05.08.E.2 Minimum 5' building foundation planting area. Justification Existing impervious areas occur/required to maintain fire/emergency access and turning radii. Proposed landscaping required is relocated adjacent to the building, as feasible. 4. Deviation Requested LDC Sec. 4.06.05.H.A Lighting shall not occur in landscape islands. Justification Lighting location site to accommodate existing,mature trees and not conflict with anticipated growth. Proposed,required landscape island tree located adjacent to the location maintaining required 12.5' separation. 5. Deviation Requested LDC Sec. 5.03.02.H Required a wall between Residential and Non-residential development. Justification Proposed buffer contains the required hedge (at Alternative B heights, exceed R.O.W. buffer hedge)to satisfy height requirement without combination and required trees(note existing utilized). Deviation is sought for the following: 1) Security purposes from the right-of-way, allowing views into the site,2)Negative impact to the opposing-side residential use/disparate wall"section"for this site, not occurring on other, "predevelopment"parcels. Page 5 Legal aid deviations DIMENSIONAL STANDARDS 6. Deviation Requested LDC Sec. 4.02.01 Table 2.1 Required side yard setback— 15 feet Justification Actual setback for the existing building along NW property line is 0 feet. This is a side property line. This is an existing condition that we can do nothing about. ARCHITECTURAL STANDARDS Please see the Architectural portion of the SIP submittal. 7. Deviation Requested Primary Facade Design Features A deviation from the requirements of "5.05.08 C.2.c" is requested. This section of the code requires a primary facade to have at least two of the listed design features. Justification Existing building requires two primary facades: Front on Tamiami Trail Ease(NE) and Rear on Outer Drive(SW). These two facades do not have any primary facade features. We meet the requirements on the NE façade. On the SE facade we are unable to incorporate the required 2 design features due to the configuration of the existing building and prohibitive cost of adding the design features. In order to mitigate the deviation, we are adding windows, covered entry, stucco details,equipment screens and landscaping. Enhancements The front primary facade has been improved to meet primary faced standards with the addition of glazing. (from 14.59%to 32%) and creation of a larger and more customer friendly and inviting covered entry. The rear primary façade has been improved to provide glazing (from 0% to 20%) and a large covered entry to be also used for staff breaks. These elements provide one primary facade feature (covered entry w/20% glass)and one partial feature(glazing of 20%)—30% glazing was not possible. 8. Deviation Requested 'Variation in Massing A waiver from the requirements of"5.05.08 C (4) a iii"which looks to avoid single,large,dominant building mass requires buildings between 10,000 and 19,999 square feet in gross building area, a maximum length,or uninterrupted curve of any facade, at any point, must be 100 linear feet. Projections and recesses must have a minimum depth of six feet within 100 linear feet limitation. Justification The existing building does not have any projections and only one glazed opening of 312 sf. (14.5% of the overall facade) One facade is on the property line and cannot be improved. Enhancements We are providing additional glazing to meet or exceed current standards where possible. Front(NE)32%,Rear(SW)20%, left side(SE) 16%and right side(NE) 5% -No glazing is required for SE or NW elevations. The additional glazing reduces the impact of the building mass. • Page 6 Legal aid deviations 9. Deviation Requested Wall Plane Changes A waiver from the requirements of"5.05.08 C(4)b i, ii"will be required. This portion of the code states that buildings must not have a single wall plane exceeding 60 percent of each façade Justification Due to the existing configuration and location on site of the existing building, we have wall planes that exceed 60%of the overall façade. Enhancements We are providing additional glazing to meet or exceed current standards where possible. Front(NE) 32%,Rear(SW)20%, left side (SE) 16%and right side (NE) 5%-No glazing is required for SE or NW elevations. The additional glazing reduces the impact of the single wall planes. 10. Deviation Requested Detail Features A waiver from the requirements of"5.05.08 C (8)b" is requested. This portion of the code prohibits blank wall areas greater than 10 feet vertically and 20 feet in width. Justification This requirement cannot be met on 1 of 4 facades due to the configuration of the existing building. One façade is located on the property line and another is directly adjacent to a drive, limiting our ability to make changes to the facade. The existing walls are painted CMU. This wall type does not allow us to make the required control joints. Life safety codes limit the number of windows we can add to the façade on the property line. Enhancements The existing building has two textured block wall finishes on the front primary façade. This provides variations to the blank wall plane. The additional glazing added to all four facades further reduce the blank wall areas. 11. Deviation Requested Roof Treatments—Vertical Variation A waiver from the requirements of "5.05.08 C (10)b i"is requested. This section requires that parapet walls have vertical variation. Justification This requirement cannot be met due to the configuration of the existing building. The existing building has a straight parapet along 3 sides and a roof edge along one. Making changes to the parapet would be cost prohibitive. Enhancements Additional roof treatments in the form of an architectural entry covered roof at the front primary facade and a covered roof outdoor seating area at the rear primary façade provide alternative relief to the flat parapet. 12. Deviation Requested Roof Treatments Parapet A waiver from the requirements of"5.05.08 C (10)c ii" is requested. This section requires that when a flat roof is screened with a parapet wall or mansard roof at any façade,a parapet or mansard roof treatment must extend along the remaining façades Page 7 Legal aid deviations Justification The existing roof building has parapet roof along three sides. The fourth side cannot have a parapet due to the fact that the roof slopes in that direction making it impossible to enclose that portion of the roof with a parapet. Enhancements Additional roof treatments in the form of an architectural entry covered roof at the front primary façade and a covered roof outdoor seating area at the rear primary facade provide alternative relief to the flat parapet. The rear primary facade articulation provides alternative roof elements reducing impact of existing roof. 13. Deviation Requested Entryway/Customer Entrance Treatment A waiver from a portion of the requirements of"5.05.08 C (12)b"is requested. A portion of this section requires that the front entry must be set back from a drive or a parking area by a minimum distance of 15 feet. Justification The primary entrance meets 4 of the 5 requirements. Deviation is required due to the fact that the entry is less than 15 feet from parking. This is due to existing site design. Enhancements Treatment has been provided except for distance to parking. Entry has been improved where possible with upgraded covered entry to offset the deviation. 14. Deviation Requested Pedestrian Pathways A waiver from the requirements of"5.05.08 E(2)f i" is requested. This section requires a continuous perimeter path interconnecting all entrances and exits of a building. Justification This requirement cannot be met due to the fact that a vehicular drive is located directly against the building on one side and on the opposite side, the building is located on the property line. No space exists for a pedestrian pathway and pedestrian traffic is not expected to travel between the public (front) and staff(rear)doors. No doors are proposed on the side elevations. Enhancements Existing front(public)Entry and Rear(staff) entry are defined and improved with covered entries, seating and landscaping as part of the upgrades proposed. The deviations from the Architectural Standards are entirely to do with the configuration and siting of the existing building. Architectural enhancements such as projected entry, covered rear entry, outdoor seating and windows will mitigate the deviations. kitARCHITECTURE/PLANNING/SUSTAI'/ABUIY David Corban Architect,pllc/1042 Sixth Avenue North,Naples,FL 34102 239.207.5528 / www.Davidcorban.com / license:AR 0015672 CAT 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 fl3 F.. Ch. 61 of the Administrative Code DR-PL20140001595 Rev: 2 — PROJECT NUMBER LEGAL AID BUILDING PROJECT NAME Date: 10/15/14 DATE PROCESSED DUE: 11/13/14 mm' APPLICANT INFORMATION I NAME OF APPLICANT: LEGAL AID SERVICE OF BROWARD COUNTY ADDRESS: 4125 EAST TAMIAMI TRAIL CITY NAPLES STATE FL ZIP 34112 TELEPHONE# (239) 775-4555 CELL# FAX# (239) 775-3887 E-MAIL ADDRESS: cocallaghan@LegalAid.org NAME OF AGENT: David Corban FIRM: David Corban Architect, plIc ADDRESS: 1042 Sixth Ave. North CITY Naples STATE FL ZIP 34102 TELEPHONE# 239-234.2500CELL# 239.207.5528 FAX ft E-MAIL ADDRESS: dmc@davidCOrban.com 1 CORRESPONDING SDP,SDPA,SIP INFORMATION I 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 IF KNOWN: LEGAL AID SERVICE PLANNER/PROJECT MANAGER, IF KNOWN: DATE OF SUBMITTAL OF SDP/SDPA/SIP: JULY 18, 2014 Page1of3 4/8/2014 Cori Yvunty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 { INFORMATION REGARDING DEVIATION'REQUESTS 1 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):SIDE YARD ❑ Parking Architectural ® Landscape/Buffers ❑ Other site features:— Engineering Deviation Requests-Check all that may be impacted by the request. ❑ Stormwater • Pathways ❑Transportation Planning DOther site features: Page2of3 4/8/2014 Ca er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 SUBMITTALREQUIREMENTS CHECKLIST' #OF NOT REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Site Development Plan with Deviations for 9 ❑ I I Redevelopment Application Completed SDP/SDPA/SIP application and all associated materials, 9+ ❑ El including all site plan documents. Copy for the Pre-Application Notes, if not submitted with 1 D 0 SDP/SDPA/SIP 1 Affidavit of Autharization,signed and notarized 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 1 I4c Site Plan for Redevelopment:$1,000.00 . DX 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 Page 3 of 3 4/8/2014 DEVIATIONS REQUEST LEGAL AID SERVICE OF BROWARD COUNTY DBA LEGAL AID SERVICE OF COLLIER COUNTY REVISED: October 9, 2014 REDEVELOPMENT NARRATIVE EXISTING BUILDING 4436 Tamiami Trail East • The existing structure is an approximately 11,970 sf CMU and metal frame building constructed in the late 1980's. • The building has been vacant for approximately 5 years. • The most recent use and use the building was constructed for is Mercantile. The building was a REX TV and Appliance franchise. Mercantile is a permitted use in the C-3 zoning district. ZONING C-3 PROPOSED USE The proposed use for the building is Legal Services(SIC#8111) STANDARDS FOR APPROVAL PER 10.02.03 F7 A. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. Response • The proposed use,Legal Services is a permitting use in the C3 zoning district. B. The proposed development is consistent with the Growth Management Plan. Response Yes 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. Response • When this project is completed, a building that has been empty for 5 years will be occupied by a non profit organization that provides services for the residents of Collier County,especially those in the immediately adjacent neighborhoods. • Legal Aid Services provides high paying jobs and through its mission, helps to raise citizens of Collier County out the cycle of poverty. riiiii"NrInked P. 411 ARCH-ECM'1Fr I nA `v .�/C to i Tiv :iY David Corban Architect pllc/1042 Sixth Avenue North,Naples,FL 34102 239.207.5528 / www.Davidcorban.com / license:AR 0015672 Page 2 Legal aid deviations 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. Response • There is adequate space on site devoted to the building and its occupants, parking and stormwater management. 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. Response • The proposed legal services occupancy will be a lower intensity use than the previous mercantile occupancy that formerly occupied the space. • Changes to the existing site plan will result in better connections for pedestrians to the building,loading spaces will be added to meet current code. • Existing landscape buffers will be enhanced. A hedge will bed added to provide separation between the redeveloped site and the residential neighborhood to the southwest. 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. Response • The visual character of the project will be equal or better in quality than required in some instances where possible. Other areas where limits such as building placement and location of drives inhibit us from improving visual character to meet current standards. • The visual character shall be better in quality than the existing project in all cases. o Windows and stucco details are added to the facades. o A projected entry in front is added o A covered entry and seating area is added at the rear of the development. o Landscaping,meeting the current design standards has been added. o A landscape buffer separating the redeveloped site from the adjacent residential neighborhood will be added. G. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. Response Development will meet all LDC maintenance standards. Page 3 Legal aid deviations H. 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. Response DEVIATIONS 1. DIMENSIONAL STANDARDS sec. 4.02.01 table 2.1 Setbacks Required side yard setback— 15 feet Requested Deviation Actual setback for the existing building along NW property line is 0 feet. This is a side property line. Justification This is an existing condition that we can do nothing about. 2. LANDSCAPING sec. 5.03.02.H Type"B"Buffer Type"B"Buffer including a wall is required in Commercial zoning district adjacent to residential development Deviation Requested Type"B"Buffer without a wall is proposed. Justification o None of the adjacent commercial developments has a wall separating from commercial uses from residential. Introducing a wall to this site only would be visually incompatible. o Use of hedge instead of wall provides better site lines into and out of the development, improving public safety. o The installation of a 6' tall masonry wall would place an undue financial burden on an owner who is already spending 100's of thousands of dollars to bring an obsolete building up to standards for quality office space. Deviation Requested Existing asphalt parking/building within buffer area.4.06.02 Justification The existing building cannot be moved from the buffer. The width of the existing drive or parking cannot be reduced without compromising safety. We propose to improve landscaping within what buffers are available. Existing,mature oak trees on property are well in excess of minimum standards. Deviation Requested Minimal terminal island width is less than required.4.06.03.B Justification We are limited by existing site configuration to the terminal islands that exist. We propose to improve landscaping within the terminal islands as they exist. Please see landscape plans. Page 4 Legal aid deviations 3. ARCHITECTURAL STANDARDS sec. 5.05.08 C Please see the Architectural portion of the SIP submittal. Deviation Requested • Variation in Massing A waiver from the requirements of"5.05.08 C (4)a iii" will be required on 2 of the 4 facades. Justification The existing building does not have projections or recesses of at least 6 feet along all primary facades. One facade is on the property line and C311110t be improved. To mitigate this we are adding windows, a covered entry element and stucco details. Deviation Requested • Wall Plane Changes A waiver from the requirements of"5.05.08 C (4)b ii"will be required. Justification Due to the existing configuration and location on site of the existing building.we have all planes that exceed 60%of the overall facade. `fo mitigate this we are adding windows,a covered entry element and stucco details. Deviation Requested • Detail Features A waiver from the requirements of"5.05.08 C(8)" is requested. Justification This requirement cannot be met on 1 of 4 facades due to the configuration of the existing building. This portion of the code prohibits blank wall areas greater than 10 feet vertically and 20 feet in width. One façade is located on the property line and another is directly adjacent to a drive, limiting our ability to make changes to the facade. The existing walls are painted CMU. This wall type does not allow us to make the required control joints. Life safety codes limit the number of windows we can add to the facade on the property line. Deviation Requested • Roof Treatments A waiver from the requirements of"5.05.08 C(I 0)b"is requested. This section requires that parapet walls have vertical variation. The existing building has a straight parapet along 3 sides and a roof edge along one. Making changes to the parapet would be cost prohibitive. Justification This requirement cannot be met due to the configuration of the existing building. Page 5 Legal aid deviations Deviation Requested • Roof Treatments A waiver from the requirements of"5.05.08 C (10)c" is requested. Justification This requirement cannot be met due to the configuration of the existing building. Deviation Requested • Entryway/Customer Entrance Treatment A waiver from a portion of the requirements of"5.05.08 C(12)b" is requested. Justification The primary entrance meets 4 of the 5 requirements. Deviation is required due to the fact that the entry is less than 15 feet from parking. This is due to existing site design. Deviation Requested • Pedestrian Pathways A waiver from the requirements of"5.05.08 E(2)1" is requested. Justification This requirement cannot be met due to the configuration of the existing site. The deviations from the Architectural Standards are entirely to do with the configuration and siting of the existing building. Architectural enhancements such as projected entry,covered rear entry,outdoor seating and windows will mitigate the deviations. 4. PATHWAYS sec. 6.06.02 Deviation Requested We do not propose to place a new sidewalk along Outer Drive,adjacent to the residential neighborhood. Justification None of the adjacent commercial developments have sidewalks along Outer Drive and to add one along this development would do nothing to improve the public good since the sidewalk would terminate at the property line. I. The petitioner has provided enhancements to the development. Response The proposed redevelopment of this property will provide major enhancements to the development and the surrounding community. • The architectural improvements drastically improve the"big box" appearance of this building constructed prior to the implementation of Architectural Design Standards. Major elements such as a projected entry and expansive glass will enhance the aesthetics and functionality of the development. • Site plan improvements such as covered outdoor seating, improved connectivity and accessibility will enhance the development. Page 5 Legal aid deviations • Landscape improvements such as additional trees and shrubs,trimming of the existing trees and ongoing maintenance will greatly enhance the development. J. Approval of the deviation will not have an adverse effect on adjacent properties. Response Approval of the deviations along with the proposed improvements will have a positive and lasting impact on the adjacent commercial and residential developments. f+ftc:ECTUr•/PtANtiNG/9.,J5TAINAWY David Carbon Architect,plIc/1042 Sixth Avenue North,Naples,FL 34102 239.207.5528 / www.Davidcorbon.com / license:AR 0015672 PREPARED BY: DR - PL20140001595 Rev: 1 LEGAL AID BUILDING Fox,Swibel,Levin&Carroll,LLP Date: 7/24/14 200 West Madison Street DUE: 8/21/14 Suite 3000 Chicago,Illinois 60606 Attn: Krista L.Kron,Esq. SPECIAL WARRANTY DEED The name of each person who executed,witnessed or notarized this document must be legibly printed,typewritten or stamped immediately beneath the signature of each person. THIS INDENTURE, made this la day of June,2014 from KLAC REX,LLC,a limited liability company existing under the laws of the State of Delaware,whose mailing address is do Klaff Realty,LP, 180 North Michigan Avenue, Suite 300, Chicago, Illinois 60601, hereinafter referred to as the GRANTOR, to LEGAL AID SERVICE OF BROWARD COUNTY, INC., a non-profit corporation, existing under the laws of the State of Florida,whose mailing address is 491 N. State Road 7,Plantation, Florida 33317,hereinafter referred to as the GRANTEE. WITNESSETH, that the said GRANTOR,for and in consideration of the sum of$10.00 dollars and other good and valuable consideration, to it in hand paid by GRANTEE, receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE forever, the following described land situate,lying and being in the County of Collier,State of Florida,to wit: See Exhibit"A"attached hereto and by this reference made a part hereof. SUBJECT TO those items set forth on Exhibit "B" attached hereto and by this reference made a part hereof and taxes for the current year not yet due and payable. Tax Parcel Identification Number; 67080400003 TOGETHER WITH all the tenements, hereditaments and appurtenances belonging or in any way appertaining to said property. TO HAVE AND TO HOLD the sante in fee simple forever. And Grantor hereby covenants with Grantee that Grantor is lawfully seized of said property in fee simple; that Grantor has good right and lawful authority to sell and convey said property; and that Grantor does hereby fully warrant the title to said property and will defend the same against lawful claims of all persons claiming by,through or under Grantor,but against none other. • IN WITNESS WHEREOF,the said GRANTOR has caused these presents to be executed the day and year above written Signed,Sealed and Delivered in Our Presence: o KLAC REX, LLC, a Delaware limited liability ' 34/vel & d fri i _ company Witness Signature Type or print witness' name By: Na .Lesii- Marshall Title: Vice . sident 1f 14i.6 ,,i Witness Sig attire Type or print witness' name STATE OF ILLINOIS COUNTY OF COOK The foregoing instrument was acknowledged before me this I1 day of June, 2014, by Leslie J. Marshall, as Vice President of KLAC REX, LLC, a Delaware limited liability company. As a duly authorized act for and on behalf of said limited liability company, he/she is personally known to me as such Vice President. KfaAbe-t 104 Notary Public KAaeP V. F-okK TYPE OR PRINT NAME Notary expiration date: �}S- -0i *Notary Sear { SEH MFORK OFFICIAL SEAL Homy Pubuu•amts o1 tlltnWs My Znuo After Recording return to: Thad Kirkpatrick,Esq. Cohen&Grigsby, P.C. 9110 Strada Place,Suite 6200 Naples,FL 34108 EXHIBIT"B" Permitted Exceptions 1. Any minerals or mineral rights leased,granted or retained by current or prior owners. 2. The lien of the taxes for the year 2014 and subsequent years,which are not yet due and payable. 3. Restrictions,dedications,conditions, reservations,easements 3and Paother) matters shown on the plat of PINELAND-ON-THE-TRAIL,as recorded in at 60, 4. Pipeline Easement over nd Bookacross 1 the NortheastPage 15.00 feet of Lots 22, 23 and 24 as set forth in Order of Taking recorded 9. 5. Assessments as contained in that certain Resolution recorded in Book 1730,Page 1711. 6. Acts done or suffered by,through or under the Grantee. • KLAC ILEX,LLC ACTIONS BY TETE MANAGERS BY WRITTEN CONSENT IN LIEU OF SPECIAL MEETING The undersigned, being all the Managers of KLAC REX, LLC, a Delaware limited liability company(the"Company"),do hereby take the following actions without a meeting, pursuant to the applicable provisions of the Operating Agreement of the Company: 1, The Company is hereby authorized and directed to enter into a Purchase and Sale Agreement dated as of February 25, 2014 (as previously amended, the"Agreement"), between the Company, as seller, and Legal Aid Service of Broward County, Inc., a Florida non-profit corporation,or its permitted assignee,as purchaser,(the "Purchaser"), for the sale by the Company to Purchaser of the certain real property and Improvements located at 4436 Tamiami Trail, Naples, Florida (the "Property") for a sale price of Seven Hundred Seventy Five Thousand and 001100ths Dollars ($775,000.00). 2. The Company is hereby authorized and directed to finalize, execute and deliver the Agreement and to perform all obligations of the Seller under the terms of the Agreement. 3. The Company is hereby authorized and directed to execute and deliver any and all documents which may be necessary to effectuate the sale of the Property, including, but not limited to, a Special Warranty Deed,Bill of Sale and closing statement. 4. Leslie J. Marshall, as a Vice President of the Company, is hereby authorized and directed,to execute and deliver the Agreement and any and all other documents which may be necessary to effectuate the terms of such Agreement, and to take any and all additional actions which may be necessary to effectuate the transactions contemplated therein. IN WITNESS WHEREOF,the undersigned,being all of the Managers of the Company, executed this written consent in lieu of special meeting as of this 1 ,day of June,2014. Ma Ka ipke,Manager Ryan evy,M. _ r and Vice President E SIiS PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST PL# 20140000603 Date: 4/2/2014 Time: 10:30 Conference Room: C Project Name: Site Address 4436 Tamiami Trail E Applicant: Dayid Corban Architect Phone: Fax: DR - PL20140001595 Rev: 1 Assigned Planner Chris Scott LEGAL AID BUILDING Date: 7/24/14 Meeting Attendees: (Attach Sign-In Sheet) DUE: 8/21/14 NOTES: 7/i/6 1 -14 E)/Lr.S' (2 "tri-f ' Go' ' -- O . " ' `-I' -, - it/t--- ..-(-7/ti47/ -,-r -'; —1.'f p4.470, --e.„ ,�, ,, 4 U ' - , Li$ . A. S �� ( ii 5 Cp,A4 s ..---- 00 A:D D I-r(D A(— )Nt(�A C�T *I-/A - eRam) 1 y^. kpF A :; "a.41- Pam U ( ' r— (,,b )e/9 s--,,,h7,7,14-z/21 zi), 025,- -1-(Pa'1-1 4C/044.-7-511,7,66,h*),10 SI /(/' " 2-t-ies RAI/ v -f- - ',at 1 / r` F.. , ,f 114 e.,if�'./9 Vis'/P,�/J-1 1:/"- 4.evrf Pierx /1.-/, - '?r..r e rJ, 2 7,O' / ,..v/ /74 /e 4/.1 r rr"f'/ 6,6„,7,y, , {% C:AUSerechnsscattWocurnentsTre-Apps\SIP Pre-application June 2011.doc 'rev:sed: 815102, rev.6121111 EIN.4A) 0-\-e, oc4,as r GA) (t_ Afp t f pf.) 1 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 Redevelopment area Additional set if located within the RFMUD or RLSAO areas 1 SIP Application(download from website for current form) 12 Cover letter briefly explaining the project 12 Site Plans per Division 10.02.03.B.2.d 12 Addressing Checklist 1 X FOR COMMERCIAL DEVELOPMENT: Architectural Plans, including 1 color rendering (signed & sealed) 5 Landscape & Irrigation plans (signed & sealed) Site Clearing plan/vegetation inventory 7 Building elevation with dimensions &floor plans(if applicable) 7 Boundary &topographic survey(1 signed & sealed) 5 Deed or contract for sale 2 SFWMD permit, permit modification,or waiver 2 X Utility letters of availability(water& sewer) 1 X DEP Utility installation permits (water/sewer) 1 X Engineering Report with Assumptions and Explanations per Ord. 3 X 2001-57 Excavation permit application 1 Plication 2 Other Required permits: N) ��T - �° � � ' Applicant/Agent Signature Date C:\Users\chrisscott\Documents\Pre-Apps\SIP Pre-application June 2011.doc revised: 8/5/02,rev.6/21/11 Fees: ❑ $1000 SIP Review \� O $250 Site clearing (first acre or fraction thereof) plus $50 for each additional acre or fraction($1,500 maximum) 1 Utility Plan Review & Inspection: Construction document review—0.75%of proboble water/sewer construction costs Construction inspection—2.25%of probable water/sewer construction costs L,d `t•cid •v.Dro+ingge & Stormwater Management: onstructian 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. ❑ $150 Fire Review 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 an the SIP:_ -:etatien—estf ned by the Collier County Land Development Code shall be removed from the site and subsequent annual exotic removal (in perpetuity) shall be the responsibility of the property owner. b. The review and approval of Improvement Plans does not authorize the construction of required improvements, which are inconsistent with existing easements of record. c. The property owner is responsible for replacement of all dead landscape material and for the maintenance of the required irrigation system. d. Vegetation to remain shall be protected with approved barricading (detail shown) and barricading will remain in place until completion of construction. C:\Users\chrisscott\Documents\Pre-Apps\SIP Pre-application June 2011.doc revised: 8/5/02,rev.6/21/11 SDP/SIP DATA TABLE, RECOMMENDED FORMAT Zoning,Subject Property&Surrounding(example) SUBJECT PROPERTY: PUD(Westview Plaza) SURROUNDING: N I (Industrial) S Gail Blvd ROW,then E(Estates) E RSF-3(Residential) W PUD(Westview Plaza) Setbacks, Interior Lots (example) SITE DATA REQUIRED PROVIDED FRONT YARD 25' 50' SIDE YARD #1 (N*) 15' or 1/2 BH (BH = 30) 15.5' SIDE YARD#2 (5) 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 PROVIDED FRONT YARD #1 (NE*) 25' 25.5' FRONT YARD #2 (SE) 20' (REDUCED 2N0 FY SETBACK 20' PER PUD DOC, SEC 3.4.5**) SIDE YARD#1 (SW) 1 5' 5.5' SIDE YARD#2 �W.. . 1 5' 30' * Use closest corresponding compass point: N, NW,S,SE,etc. ** Explain special yard requirements or allowances& cite PUD document where applicable Separation of structures (example). REQUIRED PROVIDED 15' 17' or _._ 15'or 1/2 sum of building heights (SBH) 20' (SBH = 40', 1/2 X 40' = 20') Building height (example) REQUIRED PROVIDED 75' 50' Residential minimum floor area (example) REQUIRED PROVIDED 1,200 sq ft 1,850 sq ft C:\Users\chrisscott\Documents\Pre-Apps\SIP Pre-application June 2011.doc revised: 8/5/02, rev.6/21/11 Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures i.3. Site Improvement Plan (SIP) Reference LOC subsection_ .'' and other provisions of the LDC. Applicability This procedure applies to a site improvement plan(SIP)request.A SIP must meet all of the criteria in LOC subsection Pre•application A pre-application meeting is required unless waived by the County Manager or designee at the request of the applicant,pursuant to LDC subsection Initiation The applicant files a"Site improvement Plan Application"with the Planning&Zoning Department. Application Submittal Credentials:Pursuant to LDC subsection ,the engineering plans shall Contents and Site be signed and sealed by the applicant's professional engineer licensed to Plan Requirements practice in the State of Florida.For projects subject to LOC section - architectural drawings,shall be signed and sealed by a licensed architect, registered in the State of Florida.Landscape plans shall be signed and sealed by licensed landscape architect,registered In State of Florida. Sheet size:The site improvement plan and the coversheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale. The application must include the following: 1. Applicant contact Information. 2. Addressing checklist. 3. Property information,including: • Project title; • Legal description; • Property identification number; • Section,township and range; • Subdivision name,unit,lot and block;and • Scale,north arrow,and date. 4. Zoning designation of the subject and adjacent sites and the proposed use of the subject site. 5. Detail of requested changes. 6. Cover letter briefly explaining the project. 7. A copy of the last recorded deed,contract for sale or agreement for sale,or a notarized statement of ownership clearly. 8. Location,configuration,and dimensions of all building and lot improvements. 9. Location and configuration of parking and loading areas,and the directional movement of internal vehicle traffic. 10. Location and dimension of access point(s)to the site. 11. Parking summary in matrix form,indicating the required and provided parking for 116IPage I:\Admin Code 2012\Current Work\Administrative Code Version L1 2013.24-10.docz Collier County Land Development Code I Administrative Procedures Manual Chapter 4/Administrative Procedures each existing and proposed use. 12. Location and configuration of handicapped parking facilities and building accessibility features. 13. Location,dimension,and configuration of existing water management facilities. 14. Location of trash enclosures. 15. Location of existing and proposed landscaping with specifications as to size, quantity,and type of vegetation. 16. All required and provided setbacks and separations between structures in matrix form. 17. Any additional relevant information as may be required by the Planning&Zoning Department. Completeness and The Planning&Zoning Department will review the application for completeness.After Processing submission of the completed application packet accompanied with the required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing required. Decision maker The County Manager or designee. Review Process The Planning&Zoning Department will review the application,identify whether additional materials are needed and approve,approve with conditions or deny the application utilizing the criteria identified in the applicable LDC sections. Pre-Construction A pre-construction meeting,is not required.However,all Federal,State,and local permits Meeting shall be submitted prior to construction.If approved by the County Manager or designee,an applicant may submit Federal,State and local agency permits at the pre- construction meeting. Digital Submittal After the final site development plan has been approved by the County Manager or Requirements designee for compliance with the LDC as provided in section ,the applicant's professional engineer shall submit: 1. Digitally created construction/site plan documents,and 2. 1 disk(CDROM)of the master plan file,including,where applicable,easements, water/wastewater facilities,and stormwater drainage system.The digital data to be submitted shall follow these formatting guidelines:All data shall be delivered in the state plane coordinate system,with a Florida East Projection,and a North American Datum 1983/1990(NAD83/90 datum),with United States Survey Feet(USFEET) units;as established by a Florida registered surveyor and mapper.All information shall have a maximum dimensional error of+0.5 feet.Files shall be in an AutoCad (DWG)or Digital Exchange File(DXF)format;information layers shall have common naming conventions(i.e.right-of-way—ROW,centerlines—CL,edge-of-pavement— EOP,etc.).For a plan to be deemed complete,the layering scheme must be readily understood by county staff.All property information(parcels,lots,and requisite 1171Page I:\Admin Code 2012\Current Work\Administrative Code Version 1.1 2013-24-10.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures annotation)shall be drawn on a unique information layer,with all linework pertaining to the property feature located on that layer.Example:parcels—All lines that form the parcel boundary will be located on 1 parcel layer.Annotations pertaining to property Information shall be on a unique layer.Example:Lot dimensions—Lottxt layer. 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I - ,,,,"», —►\''a�vi° al /,,,f,;111 a°` \ ,„. ® •i : • tp a5T ; a' # Q a° �+ x 4 4'' .........„,.. 7, 0..„ f e Cr,),..4i141,4041 tfi. ,,,..) ---../ •• ..ck,.. -i'''''''-44171i, k,,--,. rs '• ',/ li 0'1)4,, ',,, • 0 -------r mil ' ' • 'Y \ il/ f" '' tr .,, ,..„, 1- _ _41. : p .., , _.--r , , _ 4- i ii ' ce I1 _ it f ,t,;/ I• h"� ;" 1 rk X '""^":50.06,,,,'s agro:n- N _ �„, _.. ... .._....rip � . 11"...1°1r4 4s am ' 4411i11111 SCALE 1" _ 50' Project 2014-79 Deviations Date 7-10-2014 - it asService Site Plan Legal A d Revision Dote 2-2-2015 Naples,FL 34102 ph:239.207.5528 of Broward County D S P fax:239.349,2321 BROAD COURT NORTH 1 dmc@davidcorban.com fl.license no: ar0015672 NAPLES,FL DEVIATIONS LANDSCAPING STANDARDS 1. Deviation Requested LDC Sec.4.06.02 Minimum width of buffer area. Justification The existing building and asphalt occur within buffer areas. Proposed, required buffer landscaping relocated to adjacent areas,as feasible, utilizing existing trees to satisfy buffer requirements. 2. Deviation Requested LDC Sec.4.06.03.B Minimum terminal island width of 8'. Justification Existing landscape island interferes with fire/emergency access&turning radii. Proposed landscaping satisfies tree requirement in adjacent locations,as feasible. 3. Deviation Requested LDC Sec. 5.05.08.E.2 Minimum 5' building foundation planting area. Justification Existing impervious areas occur/required to maintain fire/emergency access and turning radii. Proposed landscaping required is relocated adjacent to the building,as feasible. 4. Deviation Requested LDC Sec.4.06.05.H.A Lighting shall not occur in landscape islands. Justification Lighting location site to accommodate existing,mature trees and not conflict with anticipated growth. Proposed,required landscape island tree located adjacent to the location maintaining required 12.5' separation. 5. Deviation Requested LDC Sec. 5.03.02.H Required a wall between Residential and Non-residential development. Justification Proposed buffer contains the required hedge(at Alternative B heights, exceed R.O.W.buffer hedge)to satisfy height requirement without combination and required trees(note existing utilized). Deviation is sought for the following: 1) Security purposes from the right-of-way, allowing views into the site,2)Negative impact to the opposing-side residential use/disparate wall"section"for this site,not occurring on other, "predevelopment"parcels. DIMENSIONAL STANDARDS 6. Deviation Requested LDC Sec.4.02.01 Table 2.1 Required side yard setback— 15 feet Justification Actual setback for the existing building along NW property line is 0 feet. This is a side property line.This is an existing condition that we can do nothing about. ARCHITECTURAL STANDARDS Please see the Architectural portion of the SIP submittal. 7. Deviation Requested Primary Facade Design Features A deviation from the requirements of "5.05.08 C.2.c"is requested. This section of the code requires a primary facade to have at least two of the listed design features. Justification Existing building requires two primary facades: Front on Tamiami Trail Ease(NE)and Rear on Outer Drive(SW).These two facades do not have any primary facade features. We meet the requirements on the NE facade. On the SE facade we are unable to incorporate the required 2 design features due to the configuration of the existing building and prohibitive cost of adding the design features. In order to mitigate the deviation,we are adding windows,covered entry,stucco details,equipment screens and landscaping. tii Enhancements The front primary façade has been improved to meet primary faced standards with the addition of glazing. (from 14.59%to 32%)and creation of a larger and more customer friendly and inviting covered entry. The rear primary façade has been improved to provide glazing(from 0% to 20%) and a large covered entry to be also used for staff breaks. These elements provide one primary façade feature(covered entry w/20% ti glass)and one partial feature(glazing of 20%)—30%glazing was not possible. 8. Deviation Requested Variation in Massing A waiver from the requirements of"5.05.08 C (4)a iii"which looks to avoid single, large,dominant building mass requires buildings between 10,000 and 19,999 square feet in gross building area,a maximum length,or uninterrupted curve of any facade, at any point,must be 100 linear feet.Projections and recesses must have a minimum depth of six feet within 100 linear feet limitation. Justification The existing building does not have any projections and only one glazed opening of 312 sf. (14.5% of the overall facade) One façade is on the property line and cannot be improved. Enhancements We are providing additional glazing to meet or exceed current standards where possible. Front(NE) 32%,Rear(SW)20%, left side(SE) 16%and right side(NE) 5%-No glazing is required for SE or NW elevations. The additional glazing reduces the impact of the building mass. 9. Deviation Requested Wall Plane Changes A waiver from the requirements of"5.05.08 C (4)h i,ii"will be required. This portion of the code states that buildings must not have a single wall plane exceeding 60 percent of each facade Justification Due to the existing configuration and location on site of the existing building,we have wall planes that exceed 60%of the overall facade. Enhancements We are providing additional glazing to meet or exceed current standards where possible. Front(NE) 32%,Rear(SW)20%,left side(SE) 16%and right side(NE) 5%-No glazing is required for SE or NW elevations. The additional glazing reduces the impact of the single wall planes. 10. Deviation Requested Detail Features A waiver from the requirements of"5.05.08 C(8)b" is requested. This portion of the code prohibits blank wall areas greater than 10 feet vertically and 20 feet in width. Justification This requirement cannot be met on I of 4 facades due to the configuration of the existing building. One facade is located on the property line and another is directly adjacent to a drive, limiting our ability to make changes to the facade. The existing walls are painted CMU. This wall type does not allow us to make the required control joints. Life safety codes limit the number of windows we can add to the façade on the property line. Enhancements The existing building has two textured block wall finishes on the front primary facade. This provides variations to the blank wall plane. The additional glazing added to all four facades further reduce the blank wall areas. 11. Deviation Requested Roof Treatments—Vertical Variation A waiver from the requirements of "5.05.08 C(10)b i"is requested. This section requires that parapet walls have vertical variation. Justification This requirement cannot be met due to the configuration of the existing building. The existing building has a straight parapet along 3 sides and a roof edge along one. Making changes to the parapet would be cost prohibitive. Enhancements Additional roof treatments in the form of an architectural entry covered roof at the front primary facade and a covered roof outdoor seating area at the rear primary facade provide alternative relief to the flat parapet. 12. Deviation Requested Roof Treatments Parapet A waiver from the requirements of"5.05.08 C (10)c ii" is requested. This section requires that when a flat roof is screened with a parapet wall or mansard roof at any facade,a parapet or mansard roof treatment must extend along the remaining facades Justification The existing roof building has parapet roof along three sides. The fourth side cannot have a parapet due to the fact that the roof slopes in that direction making it impossible to enclose that portion of the roof with a parapet. Enhancements Additional roof treatments in the form of an architectural entry covered roof at the front primary façade and a covered roof outdoor seating area at the rear primary façade provide alternative relief to the flat parapet. The rear primary façade articulation provides alternative roof elements reducing impact of existing roof. 13.Deviation Requested Entryway/Customer Entrance Treatment A waiver from a portion of the requirements of"5.05.08 C (12)b"is requested. A portion of this section requires that the front entry must be set back from a drive or a parking area by a minimum distance of 15 feet. Justification The primary entrance meets 4 of the 5 requirements. Deviation is required due to the fact that the entry is less than 15 feet from parking. This is due to existing site design. Enhancements Treatment has been provided except for distance to parking. Entry has been improved where possible with upgraded covered entry to offset the deviation. 14.Deviation Requested Pedestrian Pathways A waiver from the requirements of"5.05.08 E(2)f i" is requested. This section requires a continuous perimeter path interconnecting all entrances and exits of a building. Justification This requirement cannot be met due to the fact that a vehicular drive is located directly against the building on one side and on the opposite side, the building is located on the property line. No space exists for a pedestrian pathway and pedestrian traffic is not expected to travel between the public (front)and staff(rear)doors. No doors are proposed on the side elevations. Enhancements Existing front(public)Entry and Rear(staff)entry are defined and improved with covered entries, seating and landscaping as part of the upgrades proposed. The deviations from the Architectural Standards are entirely to do with the configuration and siting of the existing building. Architectural enhancements such as projected entry,covered rear entry,outdoor seating and windows will mitigate the deviations. kl ARCHITEC7URE/PLANNING/susraNABLIN David Corban Architect,pllc/1042 Sixth Avenue North,Naples,FL 34102 239.207.5528 / www,.Davidcorban.com / license:AR 0015672 f ' AGENDA ITEM 4-E Co er County MEMORANDUM TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING SERVICES SECTION, GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MARCH 26,2015 SUBJECT: PETITION: PDI-PL20140001595,RACETRAC AT SIERRA MEADOWS Applicant/Contract Purchaser: Agent: Racetrac Petroleum,Inc. Kristina Johnson 3225 Cumberland Boulevard, Suite 100 DeLisi Fitzgerald Atlanta, Ga 30339 1605 Hendry Street Fort Myers, Fl 33901 Owners: Pelican Bay/Hammock Woods II,LLC. 3691 Old Cottage Lane, Bonita Springs, Fl 34134 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial amendment to the Sierra Meadows PUD, Ordinance No. 99-91 to revise PUD Section IV, Commercial District, by adding eight deviations from the Land Development Code (LDC). The applicant is requesting deviations from Section 5.05.05.C.2.c, 5.05.05.C.2.b, 5.06.04.F.4, 4.06.03.B.2, 5.05.08.C.6, 5.06.04.F.1.1 La, and 5.06.04.F.4.e. Because this PUD is already partially developed and the proposed changes are considered insubstantial by the provisions of the LDC and Administrative Code, the petitioner is providing the proposed changes in a strike thru/underlined format. As noted the petitioner is seeking approval of eight deviations which are discussed later in this report. GEOGRAPHIC LOCATION: The subject property is located at the intersection of Collier Boulevard (C.R. 951) and Rattlesnake Hammock Road in Section 22, Township 50 South, Range 26 East, Collier County, Florida. (See location map on the following page.) PDI-PL20140000859: Racetrac at Sierra Meadows Page 1 of 11 March 26,2015 Hearing Examiner February 27,2015,(Revised:3-02-15',3-6-15',3-9-15') A I i' _ fw{.r0} artA7u�oa mum s A �iP'� 'OM l . On It's) . wince — N ' ] : t -moi;- Q Thil° 3 4 i i 4 a O .r 1 — g - • ; I/. z . oQppl% Z• 4 Pr 1011 al pd • gbi \ o�a d mato- 1 10401004) 0, .aoaaco 0ic . J CL TM 01 JONEt Ct. 4t 12 _O H u a / is - M1 — Lll _ r R a.O 1 i I Y117 rz' A Art r I�� 4 • o- e{77 1 iliK.---__ -, II 11 , /3. i I • 16 1J _ 7 10111 . i T_ T. i rmoY nwu 4:i 2 i RR' . ./iir ,..-..-, .. L /4e),0 .,... lc ,.• , • e .. a Viii _k - f - _ r fir„, wA► 2 t it w i ...e,-....: A, I -„.4t. r �r Location of ProProposedlt<acelracParcel 4 I '4 , I� %,1 . RArr�u•+cc.tAmn+arKao ..._ ..�.•• -_ / ! • u , T ., ♦ , - + • 0 YY, ".- R, R ,: c' \�. Sierra l'14iilIU��ti ""'� "' - SLOJ4A��t . Q- - 1.' 10- $ ' `��a. 1 44. iia lir i - milt . 4 -r 011* , . ‘,.,..;....t , --4, • - ' i 1 i ."stow # ' r � Aerial Photo(subject property depiction is approximate) PURPOSE/DESCRIPTION OF TEXT CHANGES: The Sierra Meadows PUD was approved on December 20, 1994, by Ordinance No. 94-64, which was repealed on December 14, 1999, by Ordinance No. 99-91 to allow a mixture of land uses for commercial, residential and conservation within the approximate 90.8 acre development. As noted above, this requested amendment seeks approval of eight deviations from the LDC as outlined below for the approximate 1.97 acre parcel 4 of the development (see aerial photo above). PDI-PL20140000859: Racetrac at Sierra Meadows Page 3 of 11 March 26,2015 Hearing Examiner February 27,2015, (Revised: 3-02-15', 3-6-15', 3-9-15') ANALYSIS: The petitioner is seeking approval of eight deviations from the requirements of the LDC. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest. Deviation #1 seeks relief from LDC Section 5.05.05.C.2.c, which limits automobile service stations to one (1) ground sign for each site with a maximum height of eight (8) feet above grade and maximum peiuiitted area of sixty(60)feet, to allow a ground sign with a maximum height of twelve (12) feet and maximum permitted area of one hundred and eighteen(118)feet. Petitioner's Justification: The applicant's agent has provided the following justification: The Collier Boulevard right-of-way has an additional 75 feet of right-of-way width directly adjacent to the proposed Racetrac property in this location. This additional which makes it more difficult to see the price sign from the roadway and the 12 foot tall as measured from the base of the sign, 118 sf sign offsets the sight limitations of this additional 75 foot distance. Staff Analysis and Recommendation: Zoning Review staff recommends DENIAL of this deviation, finding it not in compliance with the LDC and the Administrative Code of Collier County. In reviewing this request, consideration was given to the combination of deviations 1 and 2 which represents a total proposed sign permitted area increase to one hundred and sixty nine (169) square feet from LDC maximum allowance of seventy two(72) square feet of sign permitted area for the two deviations. It is staffs opinion that a more reasonable combined sign permitted area is achieved using the standard ground sign permitted area of 60 square feet provided by this I.IX section plus the nrposed canopy sign requested with deviation 2 to provide a total permitted area of 1 11 square feet. Deviation #2 seeks relief from LDC Section 5.05.05.C.2.b,which limits automobile service stations to one (1) illuminated corporate logo with a maximum area of twelve (12) square feet on the canopy face which is adjacent to a dedicated street or highway, to instead allow a maximum canopy sign area of fifty-one(51)square feet. Petitioner's Justification: The applicant's agent has provided the following justification: RaceTrac Petroleum, Inc. does not have a corporate logo similar to some other corporate gas station companies. The corporate logo for RaceTrac is their name and by limiting their logo to the allowed twelve (12) square feet results in an 8.4 foot wide sign with 1.4 foot high letters. With their letter size reduced the sign would be difficult to read on the canopy and possibly unrecognizable. PDI-PL20140000859: Racetrac at Sierra Meadows Page 4 of 11 March 26,2015 Hearing Examiner February 27,2015, (Revised:3-02-15', 3-6-15',3-9-15') Race Trac is a national corporation and it is not feasible to have them design a separate corporate logo to meet the code requirements. Staff Analysis and Recommendation: Zoning Review staff recommends APPROVAL of this deviation, finding it in compliance with the LI)C and the Administrative Code of Collier County t is noted that a3 similar canopy sign deviation has been approved recently utilizing, a sign variance process. Deviation #3 seeks relief from LDC Section 5.05.05.C.2.b, which limits automobile service stations to one(1)illuminated corporate logo on the canopy face which is adjacent to a dedicated street or highway, to instead allow one (1) illuminated corporate logo on the south canopy face which is not adjacent to a dedicated street or highway. The one (1) illuminated corporate logo on the south canopy face is in addition to the code allowed illuminated corporate logo on the canopy face adjacent to a dedicated street or highway. Petitioner's Justification: The applicant's agent has provided the following justification: Although the south side of the fuel canopy is not adjacent to a right-of-way it will be seen from potential customers traveling northbound on collier Boulevard. As previously stated there is an additional 75' of right-of-way which directly adjacent to the RaceTrac property that limits the property's visibility from Collier Boulevard. The proposed location of the sign on the south side of the canopy is on the eastern end closest to the right-of-way. This couth facing canopy sign allows those northbound customers to see the store sooner giving them more time to make necessary lane changes to safely enter the site. Furthermore the property to the south of the proposed project is within the same Sierra Meadows PUD and is vacant commercial. Staff Analysis and Recommendation: Zoning Review staff recommends APPROVAL of this deviation. finding it in compliance with the LDC and the Administrative Code of Collier County. It is noted that a similar canopy sign deviation has been approved recently utilizing a sign variance process,however in that case the sign faced an existing commercial development and staff did not see any potential conflicts with that request. Because the adjacent parcel is undeveloped it is not possible at this time to determine potential!future conflicts. Deviation #3 seeks relief from LDC Section 5.06.04.F.4, which limits nonresidential single-occupancy parcels with double frontage on public right-of-way to two (2) wall signs, but such signs shall not be placed on one (1) wall to instead allow four(4) wall signs, one (1) on the south facade and three(3) on the east facade. Petitioner's Justification: The applicant's agent has provided the following justification: The building area is 5,928 sf therefore the allowable sign area shall not exceed 150 sf on each facade and shall not exceed 20% of the facade area. The three (3)proposed signs include one (1) 41 sf identification sign above the entrance on the buildings tower element, one (1) 28 sf Swirl World sign, and one (1) 66 sf window cling. The 28 sf Swirl World sign and 66 sf window cling are intended to be seen by the patrons at the pumps and it not intended to be seen by those traveling by. PDI-PL20140000859: Racetrac at Sierra Meadows Page 5 of 11 March 26,2015 Hearing Examiner February 27,2015,(Revised:3-02-15', 3-6-15',3-9-15') The total proposed sign area on the east facade facing Collier Boulevard is 135 sf which is below the allowable 150 sf and is only 6% of the total facade area. Considering the multiple retail services offered within the convenience store the two (2) additional wall signs allow for proper advertising to the patrons at the pumps. Staff Analysis and Recommendation: Zoning Review staff recommends APPROVAL of this deviation, finding it in compliance with the LDC and the Administrative Code of Collier County. It is noted that a similar canopy sign deviation has been approved recently utilizing a sign Variance process: Deviation#5 seeks relief from LDC Section 4.06.03.B.2,which requires that all rows of parking spaces shall contain no more than ten (10) consecutive parking spaces between required landscape islands to instead allow a maximum of fourteen (14) consecutive parking spaces between required landscape islands with a site average of ten(10)consecutive parking spaces between required landscape islands. Petitioner's Justification: The applicant's agent has provided the following justification: The location of these fourteen (14) consecutive parking spaces is directly adjacent to the building's main entrance providing for the most direct access for pedestrians. LDC Section 4.0603.B.2 states that the "interior landscaping areas shall serve to divide and break up the expanse of paving at strategic points and to provide adequate shading of the paved area." The addition of a landscape island in front of the store to break up the fourteen (14) consecutive parking spaces is not a "strategic point" since this is the main entrance into the convenience store. Additionally, a landscape island placed in this area would create an unbalanced visual elevation. The three (3) other parking rows onsite are strategically located near the side entrance, provide the adequate shading for the paced area, and have an average of 8 parking spaces between landscape islands. Staff Analysis and Recommendation: Zoning Review staff recommends DENIAL of this deviation, finding it not in compliance with the IDC and the Administrative Code of Collier County. It is staff's opinion that the applicant has other alternatives available to allow the proposed development to meet the minimum code standards. Further, this type of facility generally contains a large amount of,.,pavement surface which the landscape islands serve to visually break up and buffering the p_t\ernentarca while providing required shade/green space. The current layout for this development contains 150 percent of the l..DC required parking (in other words the development is proposing half again as much parking as required by the LDC), "l"he applicant states in the application that the additional parking is essential to avoid parking in travellanes by patrons: however site signage and stripping should be adequate to address this concern Deviation #6 seeks relief from LDC Section 5.05.08.C.6, which states that windows must not be false or applied to allow the northern building facade to utilize false windows as one (1) of the required primary design standards. Petitioner's Justification: The applicant's agent has provided the following justification: PDI-PL20140000859: Racetrac at Sierra Meadows Page 6 of 11 March 26,2015 Hearing Examiner February 27, 2015, (Revised: 3-02-15', 3-6-15', 3-9-15') The northern building façade is considered a primary façade and proposes the use of 30%false windows to meet the "Primary Façade Standards"from LDC Section 5.05.08.2.c.1. The internal building layout limits the use of windows and doors on this façade. Also due to the location of the vehicular ingree/egress into the site the two (2) building entrances are on the south and east facades. This results in the north façade facing Rattlesnake Hammock considered the "side" of the building, to meet the "Primary Facade Standards". Staff Analysis and Recommendation: Zoning Review staff recommends APPROVAL of this deviation, finding it in compliance with the LDC and the Administrative Code of Collier County. Deviation #7 seeks relief from LDC Section 5.06.04.F.1.f.i.a, which requires non-residential ground signs to be placed no closer than ten(10) feet from any property line to instead allow the ground sign to be placed five(5)feet from the property line along the Collier Boulevard right-of-way. Petitioner's Justification: The applicant's agent has provided the following justification: The proposed landscape along Collier Boulevard includes shrubs and trees that meander along the right-of-way to provide a more natural appearance. In additional the buffer is required to provide a double hedge row of 214 shrubs and the proposed buffer ahs 428 shrubs with as many as five rows of plantings. With the additional plant material and meandering design it is important that the monument sign be placed closer to the right-of-way to encore it is visible from the traveling public. The 5 foot setback will allow the sign to extend pat the landscape and be visible from the right-of-way. Also the Collier Boulevard right-of-way has an additional 75 feet of right-of-way width directly adjacent to the proposed Race Trac property in this location. This additional width, being used for drainage purposed, is outside of the original right-of-way and does not include any structural improvements. This right-of0-way width is unique for this location and causes the monument sign to be further from the edge of pavement of Collier Boulevard than other properties along Collier Boulevard. Staff Analysis and Recommendation: Zoning Review staff recommends APPROVAL of this deviation.. finding it in compliance with the LDC and the Administrative Code Of Collier County. Deviation #8 seeks relief from LDC Section 5.06.04.F.4.e, which limits non-residential non- illuminated, non-reflective signs located in a window to 25-percent of the window area to instead allow a non-illuminated, non-reflective window sign to 46-percent of the window area for the proposed window cling on the east facade. Petitioner's Justification: The applicant's agent has provided the following justification: Race Trac is proposing one (1) 66 sf window cling on the 143 sf window along their east façade facing Collier Boulevard. This results in coverage of 465 of that window. However the total window area on the east façade is 618 sf which results in a coverage of 11%. Although the proposed window cling covers 46% of its respective window, there are not other window signs proposed for this building. Also the proposed window cling still allows views from the inside of the store to the outside of the store as a safely feature. PDI-PL20140000859: Racetrac at Sierra Meadows Page 7 of 11 March 26,2015 Hearing Examiner February 27,2015, (Revised:3-02-15',3-6-15',3-9-15') Staff Analysis and Recommendation: Zoning Review staff recommends APPROVAL of this deviation. findine it in compliance with the LDC and the Administrative Code of Collier County. PLANNED UNIT DEVELOPENT INSUBSTANTIAL CHANGE CRITERIA: Section 10.02.13.E.1 and 2 of the Land Development Code sets forth the criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD document are to be reviewed before they can be approved. The criteria and a response to each criterion of 10.02.13.E.1 have been listed as follows: a. Is there a proposed change in the boundary of the Planned Unit Development(PUD)? No, there is no proposed change in the boundary of the PUD. 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. C. 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? PDI-PL20140000859: Racetrac at Sierra Meadows Page 8 of 11 March 26,2015 Hearing Examiner February 27,2015, (Revised: 3-02-15', 3-6-15', 3-9-15') ..........................___............. . No, the proposed changes will not create any additional vehicular generated trips based upon the ITE Trip Generation Manual. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. The proposed changes are specific to internal features of the development. i. Arc 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 Sierra Meadows PUD is not a DRI,therefore this criteria is not applicable. lc. Arc there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provide above, the proposed change is not deemed to be substantial. t. Does this petition change the analysis of the finding and criteria used for the original application, attached as Attachment C to this staff report? No. the change proposed does not change the original analysis, rezone findings or PUD findings for the original application and staff report. PDI-PL20140000859: Racetrac at Sierra Meadows Page 9 of 11 March 26,2015 Hearing Examiner February 27, 2015, (Revised: 3-02-15',3-6-15', 3-9-15') • NEIGHBORHOOD INFORMATION MEETING (NIM): Please see attachment B:NIM transcript. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report dated 3-2-15 for PDI-PL20140000859. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20140000859 with the following conditions: Approval of Deviations 2, 3,4, 6, 7 and 8. Denial of Deviations 1 and 5. Attachments: A. Application B. NIM Transcript PDI-PL20140000859: Racetrac at Sierra Meadows Page 10 of 11 March 26,2015 Hearing Examiner February 27, 2015, (Revised: 3-02-15', 3-6-15', 3-9-15') PREPARED BY: it A ,g`i tireAAL I t f L SAWYER/ROJECT MANAGER DATE ZONIN SERVICES ECTION REVIEWED BY: 72- . � • � _ 3•_� (c RAYMO 'r V. BELLOWS,ZONING MANAGER DATE ZONING SERVICES SECTION �'�s•--�'' '3- t V- t t_ MICHAEL BOSI,AICP,DIRECTOR DATE ZONING DIVISION PDI-PL20140000859: Racetrac at Sierra Meadows Page 11 of 11 March 26,2015 Hearing Examiner February 27,2015, (Revised:3-02-15',3-6-15',3-9-15') Colber County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239) 252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E&Code of Laws section 2-83—2-90 Ch.3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PDI-PL20140000859 Rev. 1 PETITION NO RACETRAC AT SIERRA PROJECT NAME MEADOWS DATE PROCESSED Date: 5-23-14 DUE: 6-9-14 APPLICANT CONTACT INFORMATION Name of Applicant(s): RaceTrac Petroleum, Inc. Address: 3225 Cumberland Blvd. Suite 100 City: Atlanta State: GA ZIP: 30339 Telephone: 770-431-7600 Cell: 404-938-3324 Fax: 770-431-3953 E-Mail Address: thardy@racetrac.com Name of Agent: Kristina Johnson Firm: DeLisi Fitzgerald Address: 1605 Hendry Street City: Fort Myers State: FL ZIP: 33901 Telephone: 239-418-0691 Cell: 239-285-6999 Fax: 239-418-0692 E-Mail Address: Kristina@DelisiFitzgerald.com DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? Yes No 1. If applicant is a land trust, so indicate and name the beneficiaries below. 1 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. 2/6/2014 Page 1 of 5 c4;11;74er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 II 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. n 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) Pelican Bay/Hammock Woods II LLC 3691 Old Cottage Lane, Bonita Springs FL 34134 DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. PROPERTY INFORMATION PUD NAME: Sierra Meadows ORDINANCE NUMBER: 9991 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? ■ Yes No If no, please explain: Has a public hearing been held on this property within the last year? Yes No If yes, in whose name? Has any portion of the PUD been ® SOLD and/or DEVELOPED? Are any changes proposed for the area sold and/or developed? I I Yes n No If yes, please describe on an attached separate sheet. 2/6/2014 Page 2 of 5 Cofer 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.3 of the Administrative Code for submittal requirements. This completed checklist is to be submitted with the application packet in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. NOT REQUIREMENTS FOR REVIEW COPIES !REQUIRED'REQUIRED Completed Application (download current form from County website) -� Pre-Application Meeting notes —� C i Project Narrative, including a detailed description of proposed changes and why amendment is necessary Detail of request Current Master Plan&1 Reduced Copy [ 1 Li J Revised Master Plan&1 Reduced Copy Q 0 r`1 Revised Text and any exhibits List identifying Owner&all parties of corporation 2 j l Affidavit of Authorization signed& notarized 2 Completed Addressing Checklist 1 Copy of 8 Y=in. x 11 in.graphic location map of site 1 _-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._ *If located in Immokalee or seeking affordable housing,include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS: X PUD Amendment Insubstantial(PDI):$1,500.00 X Pre-Application Meeting: o Planning and Zoning Fee-$500.00 X Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive ' _! Naples, FL 34104 Applicant/Owner Signature Date w;liiem4A+Iaml-Gee• P c PE\seu r 1V P Applicant/Owner Nameeplease print) 2/6/2014 Page 3 of 5 `' PUD Amendment- Insubstantial (PDI) PRE-APPLICATION MEETING NOTES P L# Date: 4 •�. (4 Time: V): ,,.---, 4iaAssigned Planner: t" g retK, Project Name: R-''� .:- ws iial- * � 1► Applicant Name:__' /_" E Phone: 4 OL I Owner Name:_.-.,. .' r .._. Owner Address:_ _�._.._._._. Phone: Meeting Attendees: (attach Sign in Sheet) Meeting Nofes f\t n)./0 s-e i-1 - n ateN,Clkau et)es 44- M-4N- - PDI-PL20140000859 Rev: 1 RACETRAC AT SIERRA - MEADOWS Date: 5-23-14 — DUE: 6-9-14 PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Comments be forwarded to the Planner prior to the due date SSCHOOL DISTRICT—Amy Taylor PARKS &REG—Vicky Ahmad g UPERVISOR OF ELECTIONS City of Naples—Robin Singer DR/EMT —EMER. MGMT--Jim Von Riniein IMMOKALEE WATER/SEWER DISTRICT i _ I BAYSHORE/GATEWAY TRIANGLE ¢ UTILITIES ENGINEERING—Paulo Martins I REDEVELOPMENT Executive Director 1 I I G:ICDES Planning ServiceslCurrent\Pre-Application Forms 20111Pre-app Forms-JUNE 20111PDI-PUD Amendment Pre-application June 2011.doc revised: 8/5/02, rev.5/26/10 I PUD AMENDMENT INSUBSTANTIAL (PDI) 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 SUBMITTED REQUIRED (1 additional copy if located in Immokalee) (1 additional copy if for affordable housing) If project includes an Affordable Housing component,you are required to schedule a meeting before the Affordable Housing Advisory Committee by contacting the Collier County Housing and Human Services De•artment at 239-252-2273. Completed A•plication(download from website for current form) 20 *)1 Pre-application Meeting notes 20 "( Current Master Plan & 1 Reduced Copy 20 Revised Master Plan & 1 Reduced Copy 20 Detailed description of why amendment is necessary 20 )Q PUD document with changes crossed through &underlined 20 PUD document as revised with amended Title Page with Ordinance# 20 s Detailed description of proposed changes/Project Narrative 20 Deeds/Legal's&Survey(if boundary of original PUD is amended) 3 List identifying Owner&all parties of corporation 2 Owner/Agent Affidavit signed &notarized 2 Copy of completed Addressing Checklist 1 Copy of 8 1/2"X 11" graphic location map of site 1 Traffic Impact Statement(TiS) 7 Copy of Traffic Impact Statement(TIS)on CDROM 3 Environmental impact Statement(EIS) and digital/electronic copy of EIS 3 Electronic copy of all documents and plans (CDRom or Diskette)or exemption justification 2 Fee Calculations: ® $1500.00 (insubstantial) ® $100.00 Fire Code Review Fee ® $500.00 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.) ® $925.00 Legal Advertising Fee—CCPC meeting ❑ $2500.00 EIS Review Transportation Fees,if required (please attach a separate check for transportation fees) ❑ $500.00 Methodology Review Fee,if required ❑ $750.00 Minor Study Review Fee, if required ❑ $1,500.00 Major Study Review Fee,if required ❑ Other Property Owner Notifications: $1.50 Non-certified (To be paid after receipt of invoice from Planning Department) G:ICDES Planning Services\Current\Pre-Application Forms 20111Pre-app Forms-JUNE 20111PDI-PUD Amendment Pre-application June 2011.doc revised: 8/5/02,rev.5/26/10 SawyerMichael Subject: FW: Pre-App: PL-2014-0859 (SDP) Location: Conference Room"C" Start: Wed 4/23/2014 10:30 AM End: Wed 4/23/2014 11:30 AM Show Time As: Tentative Recurrence: (none) Meeting Status: Not yet responded Organizer: CDS-C This owner has NOT submitted their annual PUD monitoring report and is now a code case. I believe this will go to GEB next month. This is the only owner within the PUD missing their report. Original Appointment From: CDS-C Sent: Monday, April 21, 2014 4:20 PM To: CDS-C; Kristina Johnson; StrainMark; AhmadVicky;Amy Lockhart-Taylor(lockha(@coilierschools.com);AnthonyDavid; ArnoldMichelle; AshtonHeidi;AuclairClaudine; BeardLaurie; BradfordAlison; BrethauerPaula; BrownAraqueSummer; BurtchinMark; CascioGeorge; CilekCaroline; CromerAaron; David Ogilvie; FleishmanPaula; HouldsworthJohn;JarviReed; KendallMarcia; KurtzGerald; LenbergerSteve; McKennaJack; McLeanMatthew; MoxamAnnis; PattersonAmy; PaulRenald; PepinEmily; PodczerwinskyJohn; RelschlFred; RevayStacy; RosenblumBrett; SawyerMichael;ScottChris; ScottTami; SmithDaniel; StoneScott; ValeraCarolina;VanLengenKris; WalshJonathan;WeeksDavid; LevyMichael Cc: MoncivaizGilbert Subject: Pre-App: PL-2014-0859(SDP) When: Wednesday, April 23, 2014 10:30 AM-11:30 AM(UTC-05:00) Eastern Time(US &Canada). Where: Conference Room "C" When:Wednesday,April 23,2014 10:30 AM-11:30 AM (UTC-05:00) Eastern Time(US &Canada). Where:Conference Room"C" Note:The GMT offset above does not reflect daylight saving time adjustments. PST' ':117-67A1 PL-2014-0859.bm FW:Collier RE:Collier County. p :ounty:Planning P. Planning P... Site Development Plan Project.Description`. Construct a RaceTrac Petroleum (as station and convc n:i ence store at; the SW:.corner of the 'intersection of.Rattlesn'ake;:Hamrroc.k'and G®1la er €3oulevard and,associa ted s.ife' improvements-. i Existing Application Name: Meeting Type: Pre-Application Meeting Preferred Date: April 23 or 24 Unavailable Dates: Location: No Site address, Naples, FL, Parcel Number: 73620100595 Full Name: Kristina Johnson Email: Kristina(tDDelisiFitzgerald.com Company Name: DeLisi Fitzgerald, Inc. 1605 Hendry Street Naples FL 33901 Representing: RaceTrac Petroleum, Inc Contact Number: Work: 239-418-0691 Under Florida Law,e-mati 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, } 2 Y yt "\ I r...;i1 1 ts i..... 4 _ il k 1r- , j • ,..t A - ,, 1 ' 0 .4 LU . 0 o.. t • ..- ..: -ac , t'. 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N q L4 , k I ul ' `1 d � I 1 wit _ ...... .. 1 I,- i i' ;,• ,i iii• _1 , ..„ , HLI ' - , , FG c x) , i 1 Li H o ; Legal Description A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING A PART OF LOT 4 OF SIERRA MEADOW, A SUBDIVISION RECORDED IN PLAT BOOK 39, PAGES 11, 12 AND 13 IN THE PUBLIC RECORDS OF COLLIER COUNTY, AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER .OF LOT 3 OF SAID SUBDIVISION; THENCE N.88°03'44'E., ALONG THE SOUTH LINE OF TRACT "G" OF SAID"`SUBDIVISION FOR 8.01 FEET TO THE POINT OF BEGINNING; THENCE.S.01°06'09"W., ALONG A LINE PARALLEL TO AND 8.00 FEET EAST (AS 'MEASURED ON THE PERPENDICULAR) OF THE EAST LINE OF SAID LOT 3 FOR 275.39 FEET; THENCE S.88°03'447W., FOR 8.01 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3, AND AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SIERRA MEADOWS BOULEVARD (50 FEET WIDE); THENCE S.0.1°06'09"W., ALONG SAID EASTERLY RIGHT-OF-WAY LINE FOR 47.58 FEET TO THE NORTHWEST CORNER OF LOT 5 OF SAID SUBDIVISION; THENCE N.88°03'44"E.,ALONG THE NORTH LINE OF SAID LOT 5 FOR 272.38 FEET; THENCE N.01°06'09"E., FOR 322.97 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT "G", THENCE S.88°03'44"W., ALONG SAID SOUTH LINE 264.37 FEET TO THE POINT OF BEGINNING. • PDI-PL20140000859 Rev: 1 RACETRAC AT SIERRA MEADOWS Date: 5-23-14 DUE: 6-9-14 October 28, 2014 DELIS! FITZGERALD, INC. Planning-Engineering-Project Management Collier County Growth Management Division PDI-PL20140000859 REV:2 2800 N. Horseshoe Drive RACETRAC AT SIERRA MEADOWS Naples, FL 34104 DATE: 10/30/14 I� DUE: 11/14/14 Re: RaceTrac at Rattlesnake PUD Insubstantial Change- Resubmittal PL 2014-0000859 To Whom It May Concern: In response to the comment letter dated July 9, 2014 in regard to the above referenced project, please find the following items enclosed for your review: 1. Twelve (12) copies of the comment response letter; 2. Twelve (12) copies of the PUD document with proposed revisions; 3. Twelve (12) copies of the Project Narrative; 4. Twelve (12) copies of the executed contract; 5. Twelve (12) copies of the PUD Monitoring Report; 6. Twelve (12) copies of the GMD Public Portal Complaint Status report; 7. Twelve (12) copies of the Affidavit of Authorization; 8. Twelve (12) copies of the RaceTrac Site Plan prepared by DeLisi Fitzgerald, Inc.; 9. Twelve (12) copies of the Building Elevations; 10.Twelve (12) copies of the Signage Plans; 11.Twelve (12) signed and sealed sets of the Landscape Plans prepared by David M. Jones and Associates; 12.One (1) Electronic copy of all submittal items on disk. Please find the responses below in order as received: ENVIRONMENTAL REVIEW Comment 1 Please provide a copy of the PUD with the proposed language additions underlined and the deletions having a strikethrough. Response 1 Please find a copy of the PUD enclosed that has the proposed additions underlined and deletions struck through. GRAPHICS/GIS REVIEW Comment 1 Legal description is incorrect 1605 Hendry Street ° Fort Myers, FL 33901 ° 239-418-0691 ° 239-418-0692 fax Race'frac at Rattlesnake PDI-Initial Submittal October 28, 2014 Additional Comments: Township and Section are wrong on the Master Plan. Sierra Meadows is located in Section 22, Township 50, and Range 26. Response 1 Per our conversation, the Master Plan that has the incorrect Section and Township information is the original Master Plan. Therefore changes cannot be made to this plan since it is a part of the original zoning. ZONING REVIEW Comment 1 Rev.1: Application is not complete: As part of the application completely address PDI criteria required of/for PDI consideration. Specifically address all of the following:E. Changes and amendments. There are three types of changes to a PUD master plan: Substantial, Insubstantial, and Minor. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas, except for the removal of a commitment for payment towards affordable housing which is considered to be a minor change as described in T.DC section 10.02.13 E.3.c. Response 1 The PUD document has been revised to include the proposed changes (underlined) and the revised Project Narrative have been included in this submittal package in order to provide the necessary documentation for the requests. Comment 2 Rev.1: Provide proposed changes to PUD in strikethrough and underlined format. Response 2 Please find a copy of the revised PUD enclosed that has the proposed additions underlined. Comment 3 Rev.1: Provide/list each proposed deviation in standard PUD format: List specific LDC section, requirements of that section, and what is proposed instead of minimum code standards. Next provide justification specific to your project for each requested deviation. Each proposed deviation needs to be listed and include both TBC reference/standards/proposed alternative; and justification for the deviation. Response 3 Please reference the revised Project Narrative enclosed with this application that provides further detail on the deviations requested and justifications for each. Comment 4 Rev.1: Regarding proposed deviations our understanding of deviation 1 requires two deviations instead of the proposed single deviation. You are proposing deviations from sections 5.06.06.A.6 and 5.06.06.A.7. Response 4 This deviation request has been removed. No further action is required. Page 2 of 6 RaceTrac at Rattlesnake PDI-Initial Submittal October 28, 2014 Comment 5 Rev.1: It appears deviations 1 (plus additional devation noted in above comment), 7 and 8 are requests from LDC prohibitions. Deviations are not possible from prohibitions. Response 5 These deviation requests have been removed. No further action is required. Comment 6 Rev.1: Until justification is provided for proposed deviations further review is not possible. However it appears several of the deviations eliminate minimum code requirements without provide alternative methods to address purpose and intent provisions of the LDC (example is landscape deviations that remove requirements while not addressing screening/buffering LDC purpose and intent). When further information and justification are provided additional new comments may occur. Response 6 Please reference the enclosed Project Narrative that details the requested deviations and provides justifications for each. Comment7 Rev.1: Authorization appears to be from contract purchaser. Provide copy of contract and authorization from actual property owner with revised applicant on application. Response 7 Please reference the enclosed executed contract. LANDSCAPE REVIEW Comment 1 4.06.02 Provide perimeter landscape buffers. See also T.DC Table 2.4 Additional Comments: Rev.1: Regarding deviations 6 and 11: Deviations must include justification. Further the comments provided do not address LDC screening/buffering requirements. Pedestrian safety is not reduced by required screening/plantings however the required plantings screen the proposed use and are intended to reduce "clear views'/visibility into the proposed use. Section 5.05.05 contains specific additional enhanced perimeter buffers specific to the automobile service station use. Any deviations need to address/proposed alternative methods of meeting purposed and intent of this LDC section. Response 1 The justifications for these requested deviations have been revised to state the enhancements proposed in the buffers. Please reference the enclosed Landscape Plans prepared by David M. Jones and Associates and the revised Project Narrative. Page 3 of 6 RaceTrac at Rattlesnake PDI-Tnitial Submittal October 28, 2014 ARCHITECTURAL REVIEW Comment 1 LDC Section 5.05.05L.Color accent banding on gasoline canopy structures and all other structures is prohibited. Canopies shall he of one (1) color, consistent with the predominant color of the principal structure, if applicable. The color of all structures on-site shall be of soft earth tones or pastels. The LDC prohibits banding on gasoline stations because they promote the advertisement of the business, which the LDC regulates through the sign standards. Additionally, no justification is being offered. Therefore, staff is not able to support the requested deviation as presented. Response 1 This deviation request has been removed. No further action is required. Cc mment_2 Deviation No. 8 Additional Comments:Please provide justification. Response 2 Please reference the enclosed Project Narrative that details the requested deviations and provides justifications for each. Comment 3 Please review LDC requirements. All facades are primary facades within a PUD, and therefore a minimum of two design treatments are required for each facade, and a minimum of 4 building design treatments are also required. Additionally, the use of stucco and natural stone are not restricted by the LDC. However, corrugated and metal panel are restricted to 33% of a facade, but the submitted elevations do not feature corrugated or metal panels. Please clarify the requested deviation and provide a justification, since lack of windows does not justify not using stucco. Also, please clarify if the intent is to use 61% of metal panels on 3 of the 4 elevations. Response 3 Per the LDC section 5.05.08.C.9.b.ii., one facade of a freestanding structure in a PUD may be considered a secondary facade as long as that facade does not face or abut a public or private right-of-way. Based on this definition, the rear facade (west) may be considered a secondary facade. Also the deviations have been clarified to remove the deviation request for the corrugated and metal panel. Please reference the enclosed Project Narrative. COUNTY ATTORNEY Comment 1 Provide the name and authorization of every owner of the Sierra Meadows PUD. PUD amendments required authorization by all owners within the PUD, not just the parcel affected by the changes. Response 1 Page 4 of 6 RaceTrac at Rattlesnake PDI-Initial Submittal October 28, 2014 Per your coordination with RaceTrac's attorney it was confirmed that authorization is only required by the property owner. No further action is required. Comment 2 Affidavit of Authorization should indicate that RaceTrac Petroleum, Inc. is the contract purchaser(check the box in the opening paragraph) Response 2 This box was previously checked in the submitted application. Please reference an enclosed copy of the previously submitted Affidavit of Authorization. Comment 3 Please confirm that the PUD received an extension beyond the sunset date of 5/12/14 Response 3 Please reference the enclosed GMD Public Portal Complaint Status report that states there are no compliance issues related to this PUD. Comment 4 When was the last PUD Monitoring report submitted by the owner? Response 4 Please reference the enclosed Monitoring Report that was submitted in June 2014. In addition the Code Enforcement case on this property has been closed as seen in the attached GMD Public Portal Complaint Status report. Comment 5 The requested amendments should be added as a new subsection under Section IV Commercial District, titled "4.6 Deviations from LDC." Applicant should reword each requested deviation as it will appear on the PUD document. Response 5 The language in the PUD document has been revised to reflect the proposed changes for the RaceTrac property as further described under Exhibit 'C' in the enclosed PUD document. Comment 6 Master Plan may need to be amended to more accurately reflect RaceTrac's property and proposed layout. For example, the proposed buffer deviation should be reflected on the Master Plan. Response 6 Please reference the enclosed RaceTrac Site Plan that illustrates the locations for the proposed deviations. Comment 77 Does the RaceTrac property cover the entire Commercial tract of the PUD? Applicant should provide a graphical depiction of the subject parcel and adjacent parcels with an overlay of the Commercial Tract as depicted on the PUD Master Plan. Page 5 of 6 RaceTrac at Rattlesnake PDI-Initial Submittal October 28, 2014 Applicant seeks to limit deviations to the Race Trac property, bd t they will be applicable to any other parcels located within the Commercial Tract if the deviations are listed under the "Commercial District"section of the PUD. Response 7 The language in the PUD document has been revised to reflect the proposed changes for the RaceTrac property as further described under Exhibit 'C' in the enclosed PUD document. Also please reference the enclosed RaceTrac Site Plan that provides further clarification on the location of the requested deviations. If you should require any additional information, please contact our office. Sincerely, DeLisi Fitzgerald, Inc. „„..„ 441111111111k .Kris a Jo , RE. Project Man cr 131J/cw Project No.: 21304 cc: Tom Hardy with attachments Page 6 of 6 January 26, 2015 DELISI FITZGERALD, INC. Planning-Engineering-Project Management Collier County PDI-PL20140000859 REV: 3 Growth Management Division RACETRAC AT SIERRA MEADOWS 2800 N. Horseshoe Drive DATE: 1126/15 Naples, FL 34104 DUE: 2/9/15 Re: Planned Unit Development Insubstantial Change PL20140000859 RaceTrac at Sierra Meadows (PDI) To Whom It May Concern: In response to the comment letter dated December 1, 2014 in regard to the above referenced project, please find the following items enclosed for your review: 1. Twelve (12) copies of the comment response letter; 2. Twelve (12) copies of the `Amendment to Ordinance 99-91, the Sierra Meadows PUD' document; 3. Twelve (12) copies of the Project Narrative; 4. Twelve (12) copies of the Planned Development Amendment Criteria; 5. Twelve (12) copies of the Affidavit of Authorization; 6. Twelve (12) copies of the RaceTrac Site Plan prepared by DeLisi Fitzgerald, Inc.; 7. Twelve (12) copies of the Building Elevations; 8. Twelve (12) signed and sealed sets of the Landscape Plans prepared by David M. Jones and Associates; 9. Twelve (12) copies of the sign package; 10.0ne (1) Electronic copy of all submittal items on disk. Please find the responses in order as received: ENVIRONMENTAL REVIEW Comment 1 Please provide a copy of the PUD with the proposed language additions underlined and the deletions having a strikethrough. Clarification: It is my understanding from the Zoning Department that only those pages of the PUD document being revised need to be provided with a strikethrough/underline. It is apparent from the deviations being requested that the revisions do not affect the Environmental portions. However, it appears that the document provided has typographical errors in the Environmental portions of the PUD that are not in the recorded PUD document. Please provide only those pages being revised and Environmental staff will review those pages to ensure any revisions do not affect he Environmental portions on the PUD. Response 1 Please reference the enclosed revised PUD pages. 1605 Hendry Street Fort Myers, FL 33901 ° 239-418-0691 • 239-418-0692 fax Planned Unit Development Insubstantial Change PL20140000859 RaceTrac at Sierra Meadows(PDI) January 23, 2015 GIS REVIEW Comment 1 Legal description is incorrect. Township and Section are wrong on the Master Plan. Sierra Meadows is located in Section 22, Township 50, and Range 26. Response 1 Per our conversation, this comment was mistakenly carried over. The Master Plan that has the incorrect Section and Township information is the original Master Plan. Therefore changes cannot be made to this plan since it is a part of the original zoning. Comment 2 The legal description on page 5 of the application is incorrect. There are typing errors (9-1/2) and (NW-Xi). The legal description submitted as Exhibit "C" is correct for the PORTION OF LOT 4. Response 2 Per our conversation there are no changes to the legal description on page 5 of the original PUD document. Since the attorney has requested that only PUD pages with revisions are submitted which does not include page 5. Therefore no action is required. Please reference the enclosed revised PUD pages which does include Exhibit ,,C„ ZONING REVIEW Comment 1 Rev.2: It appears review one comments may not have been clear. The PDI criteria are not addressed with this second submittal. Please address all of the required criteria for this PDI(the criteria are included in the application and noted below A-K). Rev.1: Application is not complete: As part of the application completely address PDI criteria required of/for PDI consideration. Specifically address all of the following:E. Changes and amendments. There are three types of changes to a PUD master plan: Substantial, Insubstantial, and Minor. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas, except for the removal of a commitment for payment towards affordable housing which is considered to be a minor change as described in LDC section 10.02.13 E.3.c. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the. Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in the Administrative Code. For the purpose of this section, a substantial change shall include any of the following: a. A proposed change in the boundary of the PUD; Page 2 of 8 Planned Unit Development Insubstantial Change PL20140000859 RaceTrac at Sierra Meadows (PDI) January 23, 2015 b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; 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; 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; 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; 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; g. A change that will result in a requirement for increased storrnwater retention, or will otherwise 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; 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; 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 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 Response 1 Please reference the enclosed Planned Development Criteria which addresses items a- k. Comment 2 Rev.2: Provided however it appears individual deviations are written as part of the PUD sections themselves rather than as a separate section as required. Please revise to provide deviations as a separate section. Please also see CAO comments. Rev.1:Provide proposed changes to PUD in strikethrough and underlined format. Page 3 of 8 Planned Unit Development Insubstantial Change PL20140000859 RaceTrac at Sierra Meadows (PDI) January 23, 2015 Response 2 The `Amendment to Ordinance 99-91, the Sierra Meadows PUD' is enclosed for your review. Comment 3 Rev.2: This version is closer than first review however you need to provide the deviation request with all three components outlined below. Rev.]: Provide/list each proposed deviation in standard PUD format: List specific [DC section, requirements of that section, and what is proposed instead of minimum code standards. Next provide justification specific to your project for each requested deviation. Each proposed deviation needs to be listed and include both T.[C reference/standards/proposed alternative; and justification for the deviation. Response 3 The deviations have been revised to specifically state the code, state the request, and offer a justification/alternative for each. Please reference the enclosed Project Narrative. Comment 4 Rev.2: It appears that the justification provided with this PDI is the same as the Manatee Sign Variance request. The two sites are different however the justification appears to be nearly the same. Understanding that the sign deviations reflect this specific service station retailer are this specific/site related justification that you can provide? Rev.1: Regarding proposed deviations our understanding of deviation 1 requires two deviations instead of the proposed single deviation. You are proposing deviations from sections 5.06.06.A.6 and 5.06.06.A.7. Response 4 The sign package proposed at the RaceTrac at Manatee is very similar to the sign package proposed at the RaceTrac at Rattlesnake Hammock therefore the deviations are nearly the same. Due to the fact that both Manatee and Rattlesnake Hammock are located on Collier Boulevard, which is one of the most prominent north/south corridors in East Naples, the justifications for the signage are also very similar. RaceTrac takes additional efforts to ensure that potential patrons can see their store and have ample time to make the necessary lane changes to safely enter their site. The justifications for the Rattlesnake Hammock signage are specific to this store and this location however due to the similarities between the two (2) locations the justifications are similar as well. The proposed enhancements for Rattlesnake Hammock are clarified with this resubmittal. Please reference the enclosed Project Narrative for the deviation justifications. Comment 5 Rev.2:Please see CAO comments. Rev.1: Authorization appears to be from contract purchaser. Provide copy of contract and authorization from actual property owner with revised applicant on application. Page 4 of 8 Planned Unit Development Insubstantial Change PL20140000859 RaceTrac at Sierra Meadows (PDI) January 23, 2015 Response 5 Please find a Letter of Authorization from the property owner in the attached. LANDSCAPE REVIEW Comment 1 - ' 4.06.02 Provide perimeter landscape buffers. See also [DC Table 2.4 Rev.2: Regarding deviations, please note other reviewer comments regarding separate deviation section for the PUD and required formatting. Deviation 5: Landscape berm and proposed plantings. It appears the justification notes required Type D hedge planting but does not take into consideration required service station standards/additional plantings. Please clarify amount of both requirements in your justification and the amount of additional (over both requirements) you are proposing to provide instead of required berm. Regarding deviation 6, staff does not support this request. It appears you are providing additional/above code required parking for this facility and there does not appear to be a site/location/etc related issue in meeting this requirement. Providing islands on an "average" basis is not a true justification for not meeting minimum standards. Rev.1: Regarding deviations 6 and 11:Deviations must include justification. Further the comments provided do not address LDC screening/buffering requirements. Pedestrian safety is not reduced by required screening/plantings however the required plantings screen the proposed use and are intended to reduce "clear views'%visibility into the proposed use. Section 5.05.05 contains specific additional enhanced perimeter buffers specific to the automobile service station use. Any deviations need to address/proposed alternative methods of meeting purposed and intent of this LDC section. Response 1 The PUD document has been revised according to county comments. Please reference the enclosed revised PUD pages. Deviation 5 (berm) has been withdrawn. The justification for previous Deviation 6, now renumbered to Deviation 5, has been revised to address Staff comments. Please reference the enclosed Project Narrative. ARCHITECTURAL REVIEW Comment 1 Deviation No. 8 Additional Comments: Please provide justification. Rev. 2 additional comments: The proposed alternate covered walkway ("pergola') appears to reduce the width of the pedestrian pathway below the 5 feet required. Please revise the design to provide a clear minimum 5 foot pathway. Response 1 Per our conversation the 5-foot pathway is maintained around the pedestrian pathway for the building. Furthermore the pergola is no longer being proposed. Please Page 5 of 8 Planned Unit Development Insubstantial Change PL20140000859 RaceTrac at Sierra Meadows (PDI) January 23, 2015 reference the enclosed building elevations and master Concept Plan for the proposed RaceTrac. Comment 2 Deviation No. 9 Additional Comments: Please review LDC requirements. All facades are primary facades within a PUD, and therefore a minimum of two design treatments are required for each facade, and a minimum of 4 building design treatments are also required. Additionally, the use of stucco and natural stone are not restricted by the LDC. However, corrugated and metal panel metal are restricted to 33% of a facade, but the submitted elevations do not feature corrugated or metal panels. Please clarify the requested deviation and provide a justification, since lack of windows does not justify not using stucco. Also, please clarify if the intent is to use 61% of metal panels on 3 of the 4 elevations. Rev. 2 additional comments: Please revise the building elevations to label the front elevation primary facade as East (not West as noted) and the rear elevation secondary facade as West (not East). For the primary facades, East, North and South, please identify the two facade standards used from 5.05.08 C.2.c for each facade individually. If the covered walkway is proposed to provide an alternate to option iii - covered walkway - for the North primary facade, please identify the second required option for that particular facade. This review of the drawings and documents provided were specific to the deviations or proposed changes to the PUD. Please note that future review of the complete project for compliance with 5.05.08 may generate corrections. Response 2 Per our meeting the pergola is no longer being proposed as a `Primary Design Standard.' The north building facade Primary Design Standards include 30% glazing and a tower element. Since glazing is achieved through the use of false windows a deviation has been requested. COUNTY ATTOURNEY REVIEW Comment 1 The letter from the property owner authorizing RaceTrac to submit this petition is not signed by the owner. Provide a signed letter. Response 1 Please find a Letter of Authorization enclosed for your review. Comment 2 Add the following language to the footer of each page of the proposed amendment: "Words struck through are deleted; Words underlined are added." Page 6 of 8 Planned Unit Development Insubstantial Change PL20140000859 RaceTrac at Sierra Meadows (PDI) January 23, 2015 Response 2 This footer has been added to the revised pages from the PUD document. Please reference the enclosed revised PUD pages. Comment 3 For the amendment,-please only include sections that will be-amended by this PDT(i.e— Section 4.6 Deviations;List of Exhibits; Exhibit C) Response 3 The PUD has been revised to include a section for Deviations, the revised 'List of Exhibits' and Exhibit 'C'. Please reference the enclosed revised PUD pages. Comment 4 As previously stated, deviations must be added as a new section ("4.6 Deviations from the LDC"), not added to existing sections as shown in your proposed amendment. Response 4 The PUD has been revised to include a section for Deviations. Please reference the enclosed revised PUD pages. Comment 5 Label the Legal Description for Lot 4 as "Exhibit C, Page 1 of 2" and Iabel the Sketch of the Description as "Exhibit C, Page 2 of 2". Response 5 Exhibit 'C' has been revised per your comment. Please reference the enclosed revised PUD pages. Comment 6 Deviation language must clearly state the LDC Section from which you seek the deviation, and what will be allowed instead of the LDC requirement. Please see attached draft amendment for an example of the proper format/language. Response 6 Please reference the enclosed `Amendment to Ordinance 99-91, the Sierra Meadows PUD' documents Comment 7 Please use the attached amendment format to present the proposed PDI to the HEX, and to be included in the HEX Decision. Response 7 `Amendment to Ordinance 99-91, the Sierra Meadows PUD' is enclosed for your review. Page 7 of 8 Planned Unit Development Insubstantial Change PL20140000859 RaceTrac at Sierra Meadows (PDI) January 23, 2015 If you should require any additional information, please contact our office. Sincerely, DeLisi 11zerald, IncT hn T. Wojdak, P.E. Vice President JTW/cw Project No.: 21304 cc: Tom Hardy with attachments L:\21304-RaceTrac @ Rattlesnake Hammock\Permits\Collier County-PDI\RAI#2\Response Letter 12-2-14.doc Page 8 of 8 AMENDMENT TO ORDINANCE 99-91, THE SIERRA MEADOWS PUD The Table of Contents/List of Exhibits, of the PUD Document attached to Ordinance 99-91,the Sierra Meadows PUD, is hereby amended as follows: LIST OF EXHIBITS EXHIBIT"A" PUD Ordinance EXHIBIT"B" Master Concept Plan EXHIBIT"C" Parcel 4 Legal Description and Sketch Section 4.6, Deviations from the LDC, is hereby added to the PUD Document attached to Ordinance 99-91,the Sierra Meadows PUD, as follows: Words struck through are deleted;Words underlined are added SECTION IV COMMERCIAL DISTRICT 4,6 DEVIATIONS FROM LDC The following deviations from the Land Development Code are applicable to the property described in Exhibit"C"of the PUD. Deviation # 1:From LDC Section 5.05.05.C.2.c. which limits automobile service stations to one (I) ground sign with a maximum height of eight(8) feet and sign area of sixty(60) square feet to instead allow one(1)ground sign with a maximum height of twelve(12) feet, 118 square foot gas price sign along their Collier Boulevard frontage. Deviation#2:From LDC Section 5.05.05.C.2.b. which limits automobile service stations to one (1) illuminated corporate logo with a maximum area of twelve (12) square feet on a canopy face which is adjacent to a dedicated street or highway, to instead allow a maximum canopy sign area of fifty-one(51) square feet. Deviation#3: From LDC Section 5.05.05.C.2.b. which limits automobile service stations to one (1) illuminated corporate logo on a canopy face which is adjacent to a dedicated street or highway to instead allow one(1) illuminated corporate logo on the south canopy face which is not adjacent to a dedicated street or highway. The one (1) illuminated corporate logo on the south canopy face is in addition to the code allowed illuminated corporate logo on a canopy face adjacent to a dedicated street or highway. Deviation # 4: From LDC Section 5.06.04.F.4. which limits nonresidential single- occupancy parcels with double frontage on public rights-of-way to two(2)wall signs, but such signs shall not be placed on one(1) wall to instead allow four(4)wall signs, one (1) on the south facade and three(3) on the east facade. Deviation#5: From LDC Section 4.06.03.B.2. which requires that all rows of parking spaces shall contain no more than ten(10) consecutive parking spaces between required landscape islands to instead allow a maximum of fourteen(14)consecutive parking stalls between required landscape islands with a site average of nine (9) consecutive parking stalls between required landscape islands. Deviation `1 6: Collier County LDC Section 5.05.08.C.6. which states that windows must not be false or applied to allow the northernbuildhng fa ade to utilize false windows as one(1) of the required_primary design standards. Deviation#7: From 1.,DC Section 5.06_04.F.I.f.i.a)which requires non-residential ground signs shall not be;placed closer than ten (10)feet from any property line to instead Words strucgth are deleted;Words underlined are added allow the ground sign to be placed five (5) feet from the property line along the Collier Boulevard right-of-way. Deviation 4 8:From LDC Section 5.06.04.1''.4,e._which limits non-residential non- illuminated, non-reflective signs located in a window to 25-percent of the window area to instead allow a non-illuminated,non-reflective window sign to 46-percent of the window area for the proposed window cling on the east facade. Exhibit C,Parcel 4 Legal Description, attached hereto and incorporated herein, is hereby added to the PUD Document attached to Ordinance 99-91, the Sierra Meadows PUD. Words struck through are deleted;Words underlined are added EXHIBIT C PARCEL 4-SKETCH AND LEGAL DESCRIPTION Words st -t#Feag-k4 are deleted;Words underlined are added CAnlot I L. rCiu t UI L LEGAL DESCRIPTION I SCRIPTION OF A PARCEL LYING IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION: A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, BEING A PART OF LOT 4 OF SIERRA MEADOW, A SUBDIVISION RECORDED IN PLAT BOOK 39, PAGES 11, 12 AND 13 IN THE PUBLIC RECORDS OF COWER COUNTY, AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 3 OF SAID SUBDIVISION; THENCE N,86`O3'44"E., ALONG THE SOUTH LINE OF TRACT "G" OF SAID SUBDIVISION FOR 8,01 FEET TO THE POINT OF BEGINNING THENCE S,01'06'09"W ALONG A LINE PARALLEL TO AND 6.00 FEET EAST (AS MEASURED ON THE PERPENDICULAR) OF THE EAST LINE OF SAID LOT 3 FOR 275.39 FEET; THENCE S.68'03'44"W., FOR 8.01 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3, AND AN INTERSECTION WITH THE EASTERLY RIGHT—OF-WAY LINE OF SIERRA MEADOWS BOULEVARD (50 FEET WtDE); THENCE S.01'06'09"W., ALONG SAID EASTERLY RIGHT—OF—WAY LINE FOR 47.58 FEET TO THE NORTHWEST CORNER OF LOT 5 OF SAID SUBDIVISION; THENCE N,88'D3'44"E.,ALONG THE NORTH UNE OF SAID LOT 5 FOR 272,38 FEET; THENCE N.01'06'09"E., FOR 322.97 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT "G", THENCE S.68`03'44"W., ALONG SAID SOUTH LINE 264.37 FEET TO THE POINT OF BEGINNING. NOTES: 1. BEARINGS ARE BASED ON THE CENTERLINE OF SIERRA MEADOWS BOULEVARD AS BEARING N 88'03'44" E. 2. DISTANCES ARE IN FEET AND BY: d DECIMALS THEREOF. DENIS aL 'Ur• 3. PARCEL IS SUBJECT TO PROFESSI' AL SURVEYOR AND MAPPER EASEMENTS, RESERVATIONS OR FLORIDA ERTIFICATE NO, LS// 5430 RESTRICTIONS AND tet/ 2^� i RIGHT—OF—WAYS (RECORDED AND DATE SIGNED: 1 UNRECORDED, WRITTEN AND UNWRITTEN). NOT VALID WITHOUT THE SIGNATURE AND 4. PARCEL CONTAINS 1.97 ACRES, THE ORIGINAL RAISED SEAL OF A FLORIDA MORE OR LESS. LICENSED SURVEYOR AND MAPPER. * THIS IS NOT A SURVEY * SIERRA MEADOWS - PORTION OF LOT 4 TITLE: LEGAL DESCRIPTION 0 S. CLEVELAND AVE. 5,,,,„\::; I "L NSUITE 605 FORT7MYE S, FLORIDA 33907 SURVEYING&MAPPING,LLC P7AXE:(239) 275584575 LAND SURVEYORS•PLANNE'RS www.metronfl.com TAW 7071 Ktt?,moo i AJ.0 eDO1VFAGE: I PRDA>:T NO. 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Planning-Engineering-Project Management RACETRAC AT RATTLESNAKE HAMMOCK NARRATIVE FOR: INSUBSTANTIAL CHANGE TO PLANNED UNIT DEVELOPMENT Introduction: This application is for an Insubstantial Change to the Sierra Meadows Planned Unit Development (PUD) for the RaceTrac convenience store with gasoline sales station located on the southwest corner of Collier Boulevard and Rattlesnake Hammock in Naples, Florida. The request is to make text changes in the PUD under the Commercial Development Regulations section for the RaceTrac property. Each proposed change is described below. Adjacent Uses: The RaceTrac property is located in the Sierra Meadows PUD which includes both residential and commercial uses. To the north of the property is Rattlesnake Hammock Road with existing commercial development across the street. To the east of the property is Collier Boulevard with undeveloped MPUD zoned property across the street. To the south and west of the property is the Sierra Meadows PUD. The property is located on the corner of Collier Boulevard and Rattlesnake Hammock which are both predominant corridors in East Naples. Existing Sierra Meadows PUD: The existing Sierra Meadows PUD consists of an existing private access driveway with connections to Collier Boulevard and Rattlesnake Hammock, the Sierra Grande apartments, a conservation area, and several undeveloped commercial outparcels. Proposed PUD Changes: As required by Chapter 3.G. of the Collier County Administrative Code a detailed description of the proposed changes along with a justification for each is provided below. Please note that these changes are limited to the RaceTrac property. PDI-PL20140000859 REV: 3 RACETRAC AT SIERRA MEADOWS DATE: 1/26/15 DUE: 2/9/15 Deviation Request 1: Collier County LDC Section 5.05.05.C.2.c. which limits automobile service stations to one (1) ground sign with a maximum height of eight (8) feet and sign area of sixty (60) square feet to instead allow one (1) ground sign with a maximum height of 12 feet, 118 SF gas price sign along their Collier Boulevard frontage: Justification 1: The Collier Boulevard right-of-way has an additional 75 feet of right-of-way width directly adjacent to the proposed RaceTrac property in this location. This additional width makes it more difficult to see the price sign from the roadway and the 12-foot tall, as measured from the base of the sign, 118 SF sign offsets the sight limitations of this additional 75 foot distance. Furthermore the standard sign code for Nonresidential Districts, under LDC Section 5.06.04.F.1.a., states that the maximum allowable height for ground signs located along an arterial or collector road is 15'. Therefore the ground signs located along Collier Boulevard in nonresidential districts will be allowed the maximum height of 15'. The proposed sign will match the architectural features of the primary structure and be located within an undulating landscape buffer along the frontage. No negative impacts are anticipated as a result of this request. Deviation Request 2: Collier County LDC Section 5.05.05.C.2.b. which limits automobile service stations to one (1) illuminated corporate logo with a maximum area of twelve (12) square feet on a canopy face which is adjacent to a dedicated street or highway, to instead allow a maximum canopy sign area of fifty-one (51) square foot corporate logo on the canopy facade facing Collier Boulevard and a thirty-seven (37) foot corporate logo on the facades facing Rattlesnake Hammock and facing the vacant commercial parcel. Justification 2: Race Trac Petroleum, Inc. does not have a corporate logo similar to some other corporate gas station companies. The corporate logo for Race Trac is their name and by limiting their logo to the allowed twelve (12) square feet results in an 8.4 foot wide sign with 1.4 foot high letters. With their letter size reduced the sign would be difficult to read on the canopy and possibly unrecognizable. Race Trac is a national corporation and it is not feasible to have them design a separate corporate logo to meet the code requirements. In addition, Race Trac wishes to have a recognizable appearance in Collier County. The color banding is no longer being requested therefore it is important that their name on the fuel canopy is recognizable and legible. There are no negative impacts anticipated as a result of this deviation. RaceTrac at Rattlesnake Hammock - 2 - Insubstantial Change to the PUD Deviation Request 3: Collier County LDC Section 5.05.05.C.2.b. which limits automobile service stations to one (1) illuminated corporate logo on a canopy face which is adjacent to a dedicated street or highway to instead allow one (1) illuminated corporate logo on the south canopy face which is not adjacent to a dedicated street_ or highway. The one (1) illuminated corporate logo on the south canopy face is in addition to the code allowed illuminated corporate logo on a canopy face adjacent to a dedicated street or highway. Justification 3: Although the south side of the fuel canopy is not adjacent to a right-of-way it will be seen from potential customers traveling northbound on Collier Boulevard. As previously stated there is an additional 75' of right-of-way width directly adjacent to the Race Trac property that limits the property's visibility from Collier Boulevard. The proposed location of the sign on the south side of the canopy is on the eastern end closest to the right-of-way. This south facing canopy sign allows those northbound customers to see the store sooner giving them more time to make necessary lane changes to safely enter the site. Furthermore the property to the south of the proposed project is within the same Sierra Meadows PUD and is vacant commercial. No negative impacts are anticipated as a result of this request. Deviation Request 4: Collier County LDC Section 5.06.04.F.4. which limits nonresidential single-occupancy parcels with double frontage on public rights-of-way to two (2) wall signs, but such signs shall not be placed on one (1) wall to instead allow four (4) wall signs, one (1) on the south façade and three (3) on the east facade. justification 4: The building area is 5,928 SF therefore the allowable sign area shall not exceed 150 SF on each facade and shall not exceed 20% of the facade area. The three (3) proposed signs include one (1) 41 SF identification sign above the entrance on the building's tower element, one (1) 28 SF Swirl World sign, and one (1) 66 SF window cling. The 28 SF Swirl World sign and 66 SF window cling are intended to be seen by the patrons at the pumps and is not intended to be seen by those traveling by. The total proposed sign area on the east facade facing Collier Boulevard is 135 SF which is below the allowable 150 SF and is only 6% of the total facade area. Considering the multiple retail services offered within the convenience store the two (2) additional wall signs allow for proper advertising to the patrons at the pumps. No negative impacts are anticipated as a result of this request. RaceTrac at Rattlesnake Hammock - 3 - Insubstantial Change to the PUD Deviation Request 5: Collier County LDC Section 4.06.03.B.2. which requires that all rows of parking spaces shall contain no more than ten (10) consecutive parking spaces between required landscape islands to instead allow a maximum of fourteen (14) consecutive parking spaces between required landscape islands with a site average of ten (10) consecutive parking spaces between required landscape islands. Justification 5: The location of these fourteen (14) consecutive parking spaces is directly adjacent to the building's main entrance providing for the most direct access for pedestrians. LDC Section 4.06.03.B.2 states that the "interior landscaping areas shall serve to divide and break up the expanse of paving at strategic points and to provide adequate shading of the paved area." The addition of a landscape island in front of the store to break up the fourteen (14) consecutive parking spaces is not a "strategic point" since this is the main entrance into the convenience store. Additionally, a landscape island placed in this area would create an unbalanced visual elevation. The three (3) other parking rows onsite are strategically located near the side entrance, provide the adequate shading for the paved area, and have an average of 8 parking spaces between landscape islands. Therefore the overall site meets the intent of the code for the use and placement of landscape islands. The fourteen (14) consecutive parking spaces have two (2) oversized landscape islands to the north and south and planting areas along the building perimeter. The two (2) building perimeter planting areas flank the entrance and propose an alexander palm in each. These palms combined with the covered entrance will provide visual relief and shade for the fourteen (14) consecutive parking spaces which meets the intent of the code. Although the site only requires 24 parking spaces per code, RaceTrac is proposing 37 parking spaces based on their operational experience. With the multiple retail services provided in the convenience store the additional parking is essential to avoid vehicles parking in the travel lanes around the convenience store and fuel canopy. As an example, the existing RaceTrac convenience store and gas station on Airport Pulling has 39 parking spaces on the site. At peak hours these parking spaces are used. Based on overall site parking design, location of building perimeter planting areas, covered entrance that provides shade and the anticipated traffic volumes into the convenience store, the proposed fourteen (14) consecutive parking spaces meets the intent of the code and no negative impacts are anticipated as a result of this request. RaceTrac at Rattlesnake Hammock - 4 - Insubstantial Change to the PUD ............. Deviation Request 6: Collier County LDC Section 5.05.08.C.6. which states that windows must not be false or applied to allow the northern building facade to utilize false windows as one (1) of the required primary design standards. Tustification 6: The northern building facade is considered a primary facade and proposes the use of 30% false windows to meet the `Primary Facade Standards' from I.DC Section 5.05.08.2.c.i. The internal building layout limits the use of windows and doors on this facade. Also due to the location of the vehicular ingress/egress into the site the two (2) building entrances are on the south and east facades. This results in the north facade facing Rattlesnake Hammock, considered the `side' of the building, to meet the `Primary Facade Standards'. In an effort to provide the appearance of glazing, false windows will be applied to achieve the minimum 30% glazing requirement. In an effort to further enhance this facade, stamped concrete is proposed for the building walkway along the northern facade. There are no negative impacts are anticipated as a result of this request. Deviation Request 7: Collier County LDC Section 5.06.04.F.l.f.i.a) which requires non-residential ground signs shall not be placed closer than ten (10) feet from any property line to instead allow the ground sign to be placed five (5) feet from the property line along the Collier Boulevard right-of-way. Justification 7: The proposed landscape along Collier Boulevard includes shrubs and trees that meander along the right-of-way to provide a more natural appearance. In addition the buffer is required to provide a double hedge row with 214 shrubs and the proposed buffer has 428 shrubs with as many as five rows of plantings. With the additional plant material and meandering design it is important that the monument sign be placed closer to the right-of-way to ensure it is visible from the traveling public. The 6 foot setback will allow the sign to extend past the landscape and be visible from the right-of-way. Also the Collier Boulevard right-of-way has an additional 75 feet of right-of-way width directly adjacent to the proposed Race Trac property in this location. This additional width, being used for drainage purposes, is outside of the original right-of-way and does not include any structural improvements. This right-of-way width is unique for this location and causes the monument sign to be further from the edge of pavement of Collier Boulevard than other properties along Collier RaceTrac at Rattlesnake Hammock - 5 - Insubstantial Change to the PUD Boulevard. This deviation request is necessary to ensure the monument sign is visible from the traveling public and no negative impacts are anticipated as a result of this request. Deviation Request 8: The applicant is requesting a deviation from the Collier County LDC Section 5.06.04.F.4.e. which limits non-residential non-illuminated, non-reflective signs located in a window to 25-percent of the window area to instead allow a non-illuminated, non-reflective window sign to 46-percent of the window area for the proposed window cling on the east facade. Justification 8: RaceTrac is proposing one (1) 66 SF window cling on a 143 SF window along their east facade facing Collier Boulevard. This results in a coverage of 46% of that window. However the total window area on the east facade is 618 SF which results in a coverage of 11%. Although the proposed window cling covers 46% of its respective window, there are no other window signs proposed for this building. Also the proposed window cling still allows views from the inside of the store to the outside of the store as a safety feature. Therefore no negative impacts are anticipated by allowing this coverage. RaceTrac at Rattlesnake Hammock -6 - Insubstantial Change to the PUD PDI-PL20140000859 REV: 3 RACETRAC AT SIERRA MEADOWS DATE: 1/26/15 Letter of Authorization ' DUE: 2/9/15 I, Clifford C.Wieland , Manager of Pelican Bay/ Hammock Woods 11 LLC, being first duly sworn,•depose and say that Pelican Bay/ Hammock Woods II LLC is the Owner of the property described as: Address: No Site Address PARCEL#: 73620100595 The property described herein is the subject of an application for zoning or development. We hereby designate RaceTrac Petroleum, Inc, as the legal representative of the property and as such, this individual is authorized to legally hind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes but is not limited to the hiring and authorizing of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning and development approval on the site. Name of Property Owner, Pelican Bny/Hammock Woods 11 LLC __-_ / Signature Clifford C. Wieland, Manager Printed or Typed Name and Title Sworn to and subscribed before me this'7 g day of 1A : L , 20 j4-, by __ . rJ ___L 1 LSCA t" r1. __. _._._,who is personally known to me or who has producedY i Ike VS I t`c-FSS, - -t( as identification. He/she has acknowledged to me and before me that he/she executed this instrument for the purposes therein expressed. f My commission expires: U . 3-7 ' Z d iii Notary Public Print Name ' ' . it $ ' tt t I i „x PDI-P L20140000859 REV: 3 RACETRAC AT SIERRA MEADOWS DELISI FITZGERALD, INC.. DATE: 1/26/15 Planning-Engineering-Project Management DUE: 2/9/15 RACETRAC AT RATTLESNAKE HAMMOCK INSUBSTANTIAL PLANNED DEVELOPMENT CHANGE LDC SECTION 10.02.13.E.1 CRITERIA Below are the Criteria for a Substantial Planned Development Change followed by a response indicating that this application does not meet the criteria for a Substantial Planned Development Change. a. A proposed change in the boundary of the PUD. • There are no proposed changes to the boundary of the PUD. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development. • There are no changes in the total number of dwelling units, the intensity of land use, or the height of buildings. 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. • There are no decreases in the preservation, conservation, recreation, or open space areas associated with this application. 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. • There are no increases in the size of the areas used for nonresidential uses, including institutional, commercial and industrial land uses, and there are no relocations of nonresidential land uses. 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. • There are no substantial increases in traffic generation, traffic circulation, or public facilities. 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. • There are no land use changes. g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges. • There are no changes that require an increase in stormwater retention or stormwater discharge. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use. • There are no changes to land use. 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. • There are no changes to the PUD that are inconsistent with the Future Land Use Element or Growth Management Plan and no changes which would increase the density or intensity of the permitted land uses. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13. • The PUD district is not designated as a DRI. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. • There are no substantial modifications to the PUD. RaceTrac at Rattlesnake Hammock - 2 Insubstantial Change to the PUD a �}; D PublicPortal Sion in/Reenter Portal Home Property Search " 4 Complaint Status a '�' -4 Date:3/14/2014 t#y _ f Complaint Information ' Y Case Number: CESD20144005323 yy i.:41.1 r; 4' . Status:. Closed Complaint Type: Srte Development Home Description: Annual PUD monitoring report not submitted.Sierra Meadows PUD. i Property Search ' Locality of Complainft Pelican Bay/liammodc Woods II LLC Property Owner's Full flame: PELICAN BAY/HAMMOCK WOODS II LLC Locations: 73620100595 w Inspections - AddIHSS: .' _ z. ;. "-a,g^ ... S4• It . -•°Fid S = 3• kLiv i ' �`' "� ,i� qtr°-� I'#E- Crowth Management Division-Planning t Re-Inspection Compliant I 12:00 AM on 107/01/2014 7/2/2014 [' and Regulation 1 "1 i t 2800 N.Horseshoe Drive Re-Inspection ',Requi s Hearing 12:00 AM on 06/25/2014 Naples,FL 34104 1136/13/2014 / 4. .w. _.. 1..- Re-Inspection Non-Compliant 12:00 AM on :04/23/2014 Phone.(239}252-2400 i 4/21/2014 Inititi al Inspection I Violation(s)Found 03/18/2014 j 12: 3/100 AM on 0311712014 j 1 _®..,.....�._. ... 7/2014 Powered by CityView PDI-PL20140000859 REV: 2 RACETRAC AT SIERRA MEADOWS DATE: 10/30/14 DUE: 11/14/14 I 2013 DRI/PUD MONITORING FORM SIERRA MEADOWS PUDEC ' SECTION 22,TOWNSHIP 50 SOUTH,RANGE 26 EA REPORT DUE DATE: December 31,2013 JUN ry 7 014 APPROVAL DATE: December 20, 1994 Sierra Meadows POA j c ereial ORDINANCE NUMBER 94-64 AMENDED: December 14. 1999,Ordinance Number 99-91 APPLICANT INFORMATION: Name and Address of the owner/developer,successor or assigns of persons,firms,or other entity responsible for implementing this development order. Update address and telephone number as necessary,sign and date. Sierra Grande Holdings LLC(Condo Section) Sierra Meadows LLC(Lots 1-3,6-7,9) 4949 SW 75th Avenue 24600 S.Tamiami Trail,#212,Suite 325 Miami,FL 33155 Bonita Springs,FL 34134 Name: Name: Signature: Signature: Date: . Date: E-Mail:akarsenti l3fi.corn E-Mail:kcampbell__@inveniocap.com Swan FM LLC(Lot 5) Pelican Bay/Hammock-Woods II LLC(Lot 4) 2300 Chalet Trail 3691 Old Cottage Lane Kerrville,TX 78028 Bonita Springs,FL 34134 Name: Name: Cliff Wieland Signa Signature: --- /I . Date: Date: June 6.2014 acliffw wielanddesi E-Mail:hsalvas@gmajl.com_ E-Mil: _ . ..._ @ gns com Discovery Village at Naples LLC(Lot 8) 3301 Bonita Beach Rd,#208 Bonita Springs,FL 34134 Name: Signature: Date: E-Mail:tharrison@discoverymgtcom REV: 2 ETRA Sierra Meadows POA Inc only owns the roads and preserves. D 40000859 AT SIERRA MEADOWS DATE: 10/30/14 DUE: 11/14/14 1 Updated 10/23/13 lb If during the past year,the PUD or a parceI(s)within the PUD has been sold to a subsequent owner(s),provide the following information for each parcel that has been sold(attach additional sheets if needed): Owner entity: THE PROPERTY HAS NOT BEEN SOLD WITHIN THE LAST YEAR AND NO DEVELOPMENT HAS OCURRED ON THE PROPERTY SINCE THE FILING OF THE LAST PUD MONITORING REPORT. Tract and folio number: Allocation of development rights and PUD commitments: Contact's name: Address: Telephone number: Email address: AUTHORIZED DENSITY/INTENSITY: A maximum number of three hundred (300) Dwelling Residential dwelling units constructed to date: Units may be constructed on lands designated "Residential" on the PUD Master Plan. For assisted NA living facilities,the maximum gross floor area shall not exceed a factor or 0.45 (0.45 times the area of the property excluding conservation tracts and commercial tracts). Retail and/or office square foot constructed to date: Up to two hundred and sixty thousand(260,000)square feet of retail or office development is permitted within NA the Commercial area of the Planned Unit Development List the names and contact information for all homeowners/condominium owners associations in the PUD, including the Master Association. Attach additional sheets if needed. DEVELOPER COMMITMENTS: Commitments deleted from the report and considered fulfilled Check the box that indicates the status of each are no longer monitored through the PUD Annual Monitoring commitment. process but are subject to compliance through ongoing maintenance and upkeep. Examples of these types of I.f the commitment has been completed, attach commitments include exotic vegetation removal, littorals and documentation to this report (copy of permit. copy of landscaping. Preserve Management Plan.copy of receipt or canceled check. etc.). For dedications, list O.R. Hook and Page Land Development Code and County Ordinance commitments Number. have been removed from the monitoring report but compliance will still be required at development review, If the commitment has not been completed, please list inspection,certificate of occupancy,etc. the estimated completion date. ENGINEERING: All other commitments have been fulfilled or removed. COMPLETE INCOMPLETE The County reserves a 30 foot wide drainage easement ►:+1 ❑ along the western property line for the future widening Not applicable to this property of Rattlesnake Hammock Road,to which the developer does not object. Permit modifications or conditions,or amendments or new permits required to accommodate the County's drainage easement, including any mitigation, shall be the sole responsibility of the County. 2 Updated 10/23/13 lb ENVIRONMENTAL: All other commitments have been fulfilled or removed. TRANSPORTATION: All other commitments have been fulfilled or removed. COMPLETE INCOMPLETE The developer shall provide a fair share contribution ❑ toward the capital cost of a traffic signal at the Unknown intersection of CR 951 and the project entrance if and when the County warrants the project. The signal will be owned,operated and maintained by Collier County. COMPLETE INCOMPLETE A onetime payment for permanent traffic count stations ❑ shall be due at the time of the first PUD Annual The roods are owned by the Sierra Mt:,tdowc POA.and t the Monitoring Report following the first certificate of individual lot owners,therefore this item its not applicable; occupancy within the PUD. The payment shall be based upon the number of ingress and/or egress points Please include a copy of the Conceptual Master Plan from the (Access Points)based upon the conceptual Master Plan PUD ordinance. within the PUD Ordinance. Each Access Point shall require a payment of $500.00. If additional Access Payment in the amount of$ Points are granted at any time, an additional payment of $500 per Access Point will be payable with the Payable to the C.C.Board of County Commissioners. following Annual Monitoring Report. The Traffic Count monitoring requirement shall be considered Check to be submitted with the annual report to the PUD fulfilled for all PUD's that have already provided at Monitoring Department. least one traffic count or payment in lieu of traffic counts, PUD's that have traffic count monitoring language tied to specific commitments within their ordinances shall remain in effect. UTILITIES: COMPLETE INCOMPLETE Water distribution, sewage collection and transmission . ❑ facilities to serve the project are to be designed, To the best knowledge of the property owner,all existing constructed, conveyed, owned and maintained in utilities were constructed and conveyed in accordance with accordance with Collier County Ordinance 88-76, as Collier County Ordinances at the time of construction. Roads amended, and other applicable County rules and are owned by the Sierra Meadows POA. regulations. 3 Updated 10/23/13 lb LLC FORMAT LLC AFFIDAVIT STATE OF Indiana ._.V._____.... . .__ l COUNTY OF Koscuisko )ss: BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared Clifford C. Wieland , the MGRM ... (Title) of Pelican Bay/Hammock Woods II, LLC , a Florida limited liability company (the "LLC"),who upon being duly sworn,deposes and says: 1. The undersigned is over the age of 18 years,understands the obligations of an oath, and has personal knowledge of the facts stated herein the Collier County Annual Monitoring Report. ?. The undersigned is the MGRM of the LLC. 3. The LLC was formed under the laws of the State of Florida, is currently in good standing there under,and has not been dissolved. FURTHER AFFIANT SAYETH NAUGHT.---�- �� < �/ I . '61 - Name,Title /1 Pelican Bay/Hammock Woods II,LLC , a,Florida LLC The foregoing instrument was sworn to, subscribed and acknowledged before me this day of , , by CIifford C. Wieland , the(Title) MGRM of Pelican Bay/Hammock Woods H LLC ,a Florida LLC,who is personally known to me or has produced _. .._...,___..__...... as identification. Notary Public ,, ) I� , �;. [Notary St.,nlJ Printed Name: `'mm T01-6,1 jC , f c d--e (- My Commission Expires: 1 k , n 1 , --2. 0 '1 REAL ESTATE PURCHASE CONTRACT THiS REAL ESTATE PURCHASE CONTRACT(this"Contract") is by and between DEL LAGO VENTURES, INC., a Georgia corporation ('Purchaser")and PELICAN BAY/HAMMOCK WOODS Ii LLC, a Florida limited liability company ("Seller"). In consideration for the mutual covenants herein contained,for Ten Dollars($10.00)and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,Purchaser and Seller hereby agree as follows: 1. CONTRACT PROPERTY. Purchaser agrees to buy and Seller agrees to sell,for the consideration and upon the terms set forth herein,the real property located In the State of Florida,County of Collier,and further described in Exhibit A attached hereto,together with all Improvements and fixtures now located thereon and all appurtenances,rights, • privileges, and easements benefiting or pertaining thereto(collectively, the'Contract Property"_Seller also agrees to convey to Purchaser all of Seller's right, title and interest in and to any existing or proposed streets,roadways, alleys, sidewalks and/or rights'of-way adjacent to the Contract Property. • 4. CLOSING. The closing of the sale of the Contract Property shall be held at a time and place mutually acceptable to Purchaser and Seller on the earlier of(1)ten(10)business days following receipt of all final Permits,or(ii) ten (10) business days following the expiration of the Feasibility Period, or any extensions thereof, as set forth in Paragraph 5 below(the'Closing').At Closing,Seller shall convey title by General Warranty Deed In form acceptable to Purchaser, and the Contract Property shall be unoccupied and free of any right of possession by any party other than Purchaser and shall be free and clear of all liens, encumbrances, easements and restrictions of every nature and description,except for the"Permitted Exceptions'. 5. FEASIBILITY PERIOD. Purchaser shall have a period of one hundred twenty (120)days from the Contract Date (the "Feasibility Period') to complete an investigation of the Contact Property (and any related easements)to determine the suitability thereof.On or before the date that is one hundred twenty(120)days after the Contract nate,Purchaser shall deposit an additional Forty Seven Thousand and no/100ths Dollars($47,000.00)with the Title Company which shall be added to and be considered part of the Earnest Money,which shall be applicable to the Purchase Price but become nonrefundable with the exception of Seller's default. Purchaser may,by giving written notice to Seller, extend the Feasibility Period for up to four additional periods of thirty(30)days each. For each extension, Purchaser shall deposit Three Thousand & no/100ths Dollars($3,000.00) as additional Earnest Money with the Title Company, and each such additional Earnest Money deposit shall remain applicable to the Purchase Price, but shall become non-refundable to Purchaser except for Seller's default. Purchaser is hereby authorized to enter upon such Property after the acceptance of thl's Contract for the purpose of making such surveys,examinations and tests,including (but not limited to) environmental tests, investigation of wetlands, title, zoning and all other matters incidental to the condition,ownership or use of such:property,each as Purchaser may determine to be necessary or desirable(collectively, the'Tests`). Seller shall cooperate with Purchaser so as to allow Purchaser to fully and properly conduct the Tests. Purchaser shall have the absolute right to terminate this Contract for any reason whatsoever,including but not limited to condition of title,at any time prior to the end of the Feasibility Period by delivering written notice to Seller,in which event Seller shall immediately return all Earnest Money to Purchaser (subject to the second and third sentence of this Paragraph 5). 6. TITLE AND SURVEY. A. Purchaser shall obtain, at Purchaser's expense, a complete current certified survey of the Contract Property and any related easements,in a form acceptable to Purchaser,which shall contain a legal description of the Contract Property,which description shall be used in the conveyance document(s). 8. Purchaser may obtain a title insurance commitment,in a form acceptable to Purchaser,issued by a title insurance company acceptable to Purchaser{the"Title Company"),in which the Title Company commits that,upon delivery and recording of the deed provided for herein,the Title Company will issue,at the Title Company's usual rates,a policy of owner's title insurance insuring Purchaser in the total amount of the Purchase Price against loss on account of any defect or encumbrance in the title to or reflected In the survey of the Contract Property and any related easements. Purchaser shall pay all costs of title Insurance and$eller shall pay all documentary stamps on the deed and all transfer and conveyance taxes and fees. C. Purchaser may examine the title to and survey of the Contract Property and any related easements and may notify Seller prior to expiration of the Feasibility Period of any title or survey matter which, in Purchaser's sole opinion,is objectionable or has an adverse effect on the Contract Property or any related easements (hereinafter referred to as an."Objection"). Additionally,at any time prior to Closing, Purchaser shall have the right to notify Seller of any Objection appearing on any subsequent or updated survey or title commitment,In which event any such objections will be handled in the same manner as an Objection set forth in this Paragraph 6. D. In the event Seller is notified of an Objection,Seller may promptly cure any such Objection prior to Closing. In the event Setter fails or refuses to cure any Objection prior to Closing, Purchaser may, at Purchaser's option: (i)terminate this Contract, in which event the Earnest Money shall be immediately refunded to Purchaser, (li) accept title or survey to the Contract Property and any related easements subject to such Objection, (iii)take such steps as Purchaser shall deem proper to remove such objections,deducting the cost thereof(not to exceed$5,000)from the Purchase Price,(iv)extend the time for Closing to allow Seller or Purchaser additional time to remove such Oblections.or G:iWP1Real Estete Contracisl2013lFLlNartles-SWC of Collor S RatttesnakelConiract 3.26.14 VS-Pelican CLEANdoc PDI-P L20140000859 REV:2 RACETRAC AT SIERRA MEADOWS DATE: 10/30/14 DUE: 11/14/14 (v)elect any combination of(i)-(Iv In addition,Purchaser may and is hereby authorized by Seller to pay and discharge from the proceeds due to Seller at Closing any lien or any security deed,deed of trust or mortgage affecting the Contract Property which may be discharged by the payment of money;provided,however,that the total amount authorized by Seller pursuanthereto shall in no event e.xcne•d the Purchase Price. 7. WARRANTIES AND COVENANTS OF SELLER. Seller represents,warrants and covenants that: A. Seller has good and marketable title to the Contract Property and any related easements in fee simple,free and clear of all liens,encumbrances and other exceptions to title except as to easements,restrictions and rights of way of public record as of the Contract Date ("Permitted Exceptions'), and has the lawful right, power and authority to sell same in accordance with the terms and conditions hereof. B. Any and all easements and other rights benefiting the Contract Property and any related easements shall be assigned to Purchaser by appropriate transferable and recordable instrument, and Seller shall execute and deliver with the deed such other instruments as may be required by the Title Company to issue the Title Company's policy of title Insurance or to fulfill Setic,'s oovenanto- t:,!t't I etal,.. C. Seller represents and warrants to Purchaser that Safer has received no notice of violations of any laws governing hazardous substances with respect to the Contract Property.D. Seller will execute(or will cause Seller's affiliates to execute),at or prior to Closing,any easements which,in the sole judgment of Purchaser,are necessary to enable Purchaser to develop the Contract Property. E. if the local authorities require a recorded plat with relation to Purchaser's purchase or development of the Contract Property, any related easements or the adjoining property,Purchaser,as Seller's agent, is authorized to have said property platted, and Seller agrees to cooperate in the platting process. In such event, the Feasibility Period shall be extended until ten(10)days after completion of the platting. F. The Contract Property and any related easements will be in the same condition at Closing as it is on the date this Contract is signed by Purchaser. G. Seller will execute(or will cause Seller's affiliates to execute),at or prior to Closing,a restriction in recordable form which will run with the land prohibiting,for the longest period allowed by law (1)the erection of any sign or structure on any land owned or controlled,now or at Closing,by Seller or Seller's affiliates within two hundred(200) feel of any boundary of the Contract Property,but only to a depth of one hundred(100)feet from any road,alley,or street, and(2)a retail outlet for motor fuels or a convenience store or the advertising thereof on all or any portion of land owned or controlled,now or at Closing,by Seller or Seller's affiliates within one(1)mile of any boundary of the Contract Property. Should Seller or any of Seller's affiliates sell or lease,prior to Closing,all or any part of such restricted property,such sale or lease shall be subject to Purchaser's rights under this Contract and Seller shall ensure that any lease or instrument of conveyance of such property shall specifically so state. At least thirty(30)days prior to Closing, Seller shall provide Purchaser with a legal description of all property owned by Seller or any of Seller's affiliates within one(1)mile of any boundary of the Contract Property. if Seller or Seller's affiliates do not own any property within one (1) mile of the Contract Property,then Seller will certify such fact at Closing in the aforementioned recordable document 8. Intentionally omitted.. 9. TAXES. All ad valorem taxes on the Contract Property and any related easements for the calendar year in which the Closing occurs shall be prorated between Seller and Purchaser as of the Closing date.Seller shall also pay ail delinquent taxes, including penalties and interest,assessed against or with respect to such property to the date of Closing. Seller shall pay all transfer taxes and other taxes and charges for recording the deed of conveyance. Seller shail be responsible for any'rollback"or other taxes assessed against the Contract Property related to any period prior to Closing and arising out of any change In the use of the Contract Property by Purchaser, regardless of when such assessment is made or whether such taxes become due prior to or after Closing. An estimated amount of such taxes shall be deducted from the amount due Seller at Closing and placed in escrow to be disbursed by Purchaser when the amount of such taxes becomes known. At such time,any excess funds held in escrow shall be returned to Seller and any shortage of funds shall be paid by Seller to Purchaser. 10. NOTICES. All notices or requests required or authorized hereunder shall be in writing and shall be deemed delivered when(i)mailed by overnight mail,or(ii)mated by certified U.S.mail,return receipt requested,or(iii) sent via facsimile(with proof of confirmed transmission),to the respective parties hereto as follows: To Purchaser: Del Lago Ventures,Inc. 3225 Cumberland Boulevard,Suite 100 Atlanta,Georgia 30339 Attention:General Counsel Fax No.:770-955-0985 To Seller: Pelican Bay/Hammock Woods II LLC 3691 Old Cottage Lane Bonita Springs,Florida 34134 Attention:Clifford Wieland With a copy to Gordon Lord Fax No.:574-534-4174 or to such other address as either party shall from time to time designate to the other party by written notice. 11. MISCELLANEOUS. A. The provisions of this Contract shall survive the closing and delivery of the deed. B. This Contract shall Inure to the benefit of and bind the parties hereto, their respective heirs, executors,administrators,personal and/or legal representatives,successors and assigns. C. This Contract may be assigned by Purchaser,to any entity which Purchaser in whole or in part owns or controls,or which owns or controls Purchaser,or is owned or controlled by any of Purchaser's shareholders. D. Seller agrees to cooperate with Purchaser to effect a tax-deferred exchange of the Contract Property,if Purchaser elects to utilize a tax-deferred exchange,at no cost to Seller. GaWPIReai Estate cony ts12013V-7lN pies-SWC of Cot$sr B RattlesnakelConlraa 3.28,14 V6-Perics^.CLEP.N.doc 2 E. This Contract constitutes the entire agreement and understanding of the parties and the parties expressly agree to be bound hereby. This Contract may be modified in writing only(including a letter agreement without notary or witness)signed by each of the parties hereto. F. If the date of Closing or any other date in this Contract falls on a Saturday,Sunday or holiday, then such date shall be on the first business day following such holiday or weekend date. G. Time is of the essence of this Contract. H. This Contract, including the attached Rider, if any, supersedes all prior discussions and agreements between the parties with respect to the sale and purchase of the Contract Property and all other matters In this Contract. 1. 1f either party files suit against the other party to enforce its rights under this Contract, the prevailing party r shall be entitled to it's costs and attorneys fees.. J. Seller and Purchaser acknowledge that it Is impossble to measure the damages which would accrue to Purchaser by reason of Seller's default hereunder. Accordingly, Purchaser may enforce this Contract and Seller's obligations hereunder in an action seeking specific peformance. K. This Contract may be executed in multiple counterparts,each of which shall be considered to be an original document. L. No delay or failure by Purchase or Seller,whether in whole or in part,in the exercise of any right hereunder shall operate as waiver thereof. M. Alf parties acknowledge that they have carefully reviewed and negotiated the terms of this Contract and that the terms hereof shall not be construed against the drafting party. N. Each party agrees that(a)it has participated subsmntially in the negotiation and drafting of this Contract and is thoroughly aware of at of the terms of this Contract and the intent of same, and(b)all presumptions and/or burdens of proof concerning any interpretation of this Contract shall not be affected by any statutory or judicial principles casting such presumptions against and/or burdens of proof on a party responsible for the drafting and/or written form of an agreement or contract. O. Radon Gas. Radon is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time. Levels of radon gas that exceed Federal and State guidelines have been found in buildings In Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Unit. P. Seller and Purchaser agree that,if Closing does not occur by reason of Purchaser's default, it would be impractical and difficult to estimate the damages which Seller may suffer. Therefore, Seller and Purchaser hereby agree that the reasonable estimate of the total net detriment that Safer would suffer in the event that Purchaser defaults hereunder is end shall be,and Seller's sole remedy(whether at law or in equity)shall be,the right to receive from the Title Company and retain the full amount of the Earnest Money. The payment and performance of the above as liquidated damages is not Intended as a forfeiture or penalty within the meaning of applicable law and is intended to settle all issues and questions about the amount of damages suffered by Seller in the applicable event. Notwithstanding the foregoing,upon the occurrence of art event of default other than the failure of Purchaser to close in a timely basis in accordance with this Contract,Seller will provide Purchaser with notice specifying the default and Purchaser shall have five(5)business Days from its receipt of such notice to cure such default Q. Seller shall cooperate with Purchaser with respect to Purchaser's efforts to obtain all necessary permits and approvals from applicable authorities(collectively the'Authorities')in connection with Purchaser's intended development of the Contract Property. In connection therewith, Seller shall execute, with this Contract, a form authorization letter("Letter')and hereby authorizes Purchaser to present the Letter(or copies thereof)to the applicable Authorities. Without limiting the foregoing, Seller agrees to execute such additional letters, authorizations and/or applications required by the Authorities. Seller shall execute such additional Items within five(5)business days after Purchaser's request. In the event Seller fails to timely execute such items the Feasibility Period shall toll,commencing on the expiration of the five(5)business day period,until such time as Purchaser receives such executed items. R. Seller has been represented by David Stevens of Investment Properties Corporation of Naples (`Seller's Broker')and Purchaser has been represented by Craig Timmins of Investment Properties Corporation of Naples ('Purchasers Broker') in connection with the transactions contemplated by this Contract (the 'Transactions"). Any commissions or other fees payable to Seller's Broker or Purchaser's Broker(collectively'Broker`)In connection with the Transactions are the sole responsibility of Seller. Seller shall pay Broker any such commissions and fees due and owing in respect of the Transactions at Closing from Seller's proceeds from the Transactions. Under no circumstances whatsoever shall Purchaser have any liiabiiity to Broker In respect of the Transactions.No commission is earned,due or owing if the transaction contemplated by this Contract fails to dose for any reason whatsoever,specifically including,but not limited to,the default of either Seller or Purchaser.Seller agrees to indemnify,defend and hold harmless Purchaser from and against any claims,liabilities,obligations or damages for any commissions,brokers or finder's fees(including that of Broker)resulting from or arising out of this Contract or otherwise. Seller represents and warrants that no broker, other than Seller's Broker,has represented Seller in this transaction. Purchaser represents and warrants that no broker, other than Purchaser's Broker, has represented Purchaser in this transaction. The provisions of this paragraph shall survive Closing. 12. OFFER. This Contract shall be considered as an offer by the Seller to Purchaser and is left open for acceptance by Purchaser until 5:00 p.m.EST on April 1, 2014. The'Contract Date"shall be deemed to be the date upon which Purchaser and Seller have each executed this Contract and delivered a copy thereof to the other party.. (signatures on following page) • G:1WP\Real Esiale Conlracl3120131FL1t.'apies-SWC of Collier 4 Rattlesnake\CoMract 32614 VB•PeGca,,CLEANAoe 3 I 1 Signed,sewed and ue kdres ` PURCHASER: Purchast,r,ro u/iifp p,6:,:-.: ''�1 /frDEL 0 VF TURES,INC.,a Georgia corporation F Witness \ „,,._5_ By:. Printed Warne: toe Etf .l ,futXCd Name: ?fit quo 1 , ' Title: C.D.O. t• -2 „, [CORPORATE SEAL] W itn se r Printed Name: ,, --t'*. Executed this 27#r day of MA 144 2014. STATE OF GEORGIA COUNTY OF COBB I,the undersigned,a Notary Public In and for said County in said State,hereby certify that 11,.\\ ✓k-1 I c---•,--,as C.0.0, of DEL LAGO VENTURES, INC., a Georgia corporation, whose name Is signed to the foregoing instrument,and who is known to me,acknowledged before me on this day, that being informed of the contents of the foregoing instrument(s)he executed the same voluntarily on the day the same bears date. Given under my hand and seal this 2_1 day of 1--,,, ....,--c.1. ,2014. i4ttittfp r i r 0ip ' tqCg CA,, �i✓�y No Pu ti fy tonin on Eup'rest-,' c..,ti. � 2...14,2.wx� 1 wokae 4. [NOTARIAL SEAL] o `... .1e; " per: F, Signed,sealed and delivered as SELLER: to Seller,in the presence of: PELICAN RAYIHAMMOCK WOODS H LLC,a Florida limited liability company ,.2,_,d L .�kl, :.� ?'"-----•:....-1..7,r4/ Witness S -14./!-- . - .,–,---'/ -..‹,...,4,-r....--,.... Printed Name:"Tl,', rsc- L -ar,c1=" Name: C`tfftsrrYWieland ' 7 Title: Ment)ier ,.t.:[.4 i i U r : g- �t--itkc Witness Printed Name:VIRI I1JIA L. (/JELKiR Executed this--',I'-`. day of I-4arCh ,2014. STATE OF tP‘`14 COUNTY OF_E t:111-4 fHLT I,the undersigned,a Notary Public in and for said County In said State,hereby certify that Ci'f-itin a Ji -I0.^,6 as ...,,k r./....,.b'-c of PELICAN BAY/HAMMOCK WOODS II LLC,a Florida limited liability company,whose name Is signed to the foregoing Instrument,and who is known to me,acknowledged before me on this day,that being informed of the contents of the foregoing instrument(s)he executed the same voluntarily on the day the same bears date. Given under my hand and seal this .?1-* day of Pa,-Q(l ,2014. 1..1`Li:.AJZ<.1C,- ( !J,jt r'�1:'t Notary Public of 1 My Commission Expires:-3- [NOTARIAL SEAL] Thereat Ganger Notary Public Scat Stale of Indiana Kosciusko County My Commisson Eaplres 0302t2517 G1WP\Rea1 Estate Con tractst101.0.F1ANapkes-SWC of CoM®r r£Rarbssake:Jareact 3.28.14 V6•Peficen CL5A 4.doe 4 EXHIBIT A Legal Description of Contract Property Seller. Pelican Bay/Hammock Woods ii LLC Purchaser. Del Lago Ventures,Inc. Contract Property location: SWC of Collier Boulevard&Rattlesnake Hammock Rd.,Collier County,FL The Contract Property,as outlined below in red and made a part hereof,being located in Collier County,and being Parcel ID No.73620100585,State of Florida and is-more pe.ticularly described-as follows: BEGINNING at a point located at the intersection of the southern right-of-way boundary line of Rattlesnake Hammock Rd. and the western right-of-way boundary line of Collier Boulevard, said point being the POINT OF BEGINNING;thence proceed in a southerly direction along the western boundary line of Collier Boulevard a distance of±325 feet to a point; thence turn right leaving said right-of-way boundary line and proceed in a westerly direction a distance of±265 feet to a point;thence tum right and proceed in a northerly direction a distance of±325 feet to a point located on the southern right- of-way boundary rine of Rattlesnake Hammock Rd.;thence turn right and proceed In an easterly direction along said right- of-way boundary line a distance of±265 feet to a point,said point being the POINT OF BEGINNING,all as subject to a current and accurate survey. ' COLLIERBOULEVARD CONTRACT PROPERTY l' L 1 fy..X"1�;t7.g. _ ` — .. . 14 ..2as• , , 1---- 1325' 1325'; N.T.S. t P 2b SIERRA MEADOWS Run . c-. . .v.._ SEQUOIA DRIVE 1 1. 1 GtWPReal Estat*Contra cts120131FUNaples-SWC of Collier&Rattlesnake\Contract 326.14 VE-Pelican Ct.EAN.doo 1 5 ,....,2613 Pelican Bay/Hammock Woods II LLC Attention:Clifford Wieland 3691 Old Cottage Lane Bonita Springs,Florida 34134 Re: Development of Property Located at SWC of Collier&Rattlesnake,Naples,Fiotida 34114 (the"Property") Dear Sir: The undersigned ("Owner") is the owner of the Property and has entered into a Real Estate Purchase Contract to sell the Property to Del Lego Ventures, Inc. ("Del Lago") By executing this letter, Owner hereby authorizes Del Lego (and its affiliates, including, without limitation, Andalusia Properties, Inc. and Racetrac Petroleum, Inc. (collectively, "Purchaser")) to execute, on behalf of Owner, such applications, documents and requests desired by Purchaser to pursue all necessary permits,variances,and approvals necessary to develop the Property for Purchaser's intended purpose. Please do not hesitate to contact the undersigned if you have any questions. Thank you for your assistance in this matter, Sincerely, By. Its: PFW:cap • G:1WP1R,J tstala Conoeeesl2trt31FLWaples-SWC of Cdlier& eesneksa;"Tact 328.)4 vtr•Pchom.CLFAN.Soc 6 PDI-PL20140000359 REV:2 RACETRAC AT SIERRA MEADOWS DATE; 10/30/14 DUE: 11/14/14 Exhibit A PLANNED UNIT DEVELOPMENT DOCUMENT FOR The Sierra Meadows PUD A Mixed Use Development Prepared by: Stuart and Associates 2180 West First Street, Suite 503 Fort Myers, Florida 33901 1 TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE 3 SECTION I Property Ownership &Description 5 SECTION II Project Development 6 SECTION Ill Residential District 11 SECTION IV Community Commercial District 16 SECTION V Conservation Reserve District 21 SECTION VI General Development Commitments 23 LIST OF EXHIBITS EXHIBIT "A" PUD Ordinance EXHIBIT "B" Master Concept Plan EXHIBIT "C" Parcel 4 Legal Description 2 ...... . ._........_... STATEMENT OF COMPLIANCE The development of 90.8+ acres of property in Section 22. Township 50 South, Range 26 East, Collier County, as a Planned Unit Development to be known as The Sierra Meadows PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial,residential and conservation reserve tracts of the Sierra Meadows PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and CR 951, and is classified as the Urban Commercial Mixed Use Activity Center on the Collier County Future Land Use Map. The Mixed Use Activity Center permits up to 40-acres of commercial and residential development at up to sixteen(16) dwelling units per acre within the Activity Center. The Sierra Meadows PUD calls for a 30-acre plus commercial tract with an integrated three-hundred(300) multifamily dwelling unit tract. 2. Activity Centers are the preferred locations for the concentration of mixed-use residential and commercial development activities. The proposed development includes both residential and commercial uses which is entirely consistent with the Urban Commercial District Objective and associated Policies and Standards. 3. Provisions are included in the project to minimize the number of ingress and egress points onto Rattlesnake Hammock Road and C.R. 951 so as to coordinate on-site and off- site traffic movements and to provide interconnections for pedestrians,bicycles and motor vehicles for existing and future adjacent projects. 4. The project development promotes sound planning and ensures land use compatibility as required by Objective 5 of the Future Land Use Element. The project development is compatible with and complementary to existing and future surrounding commercial land uses to the north and east, existing public community educational facilities to the south and future residential land uses to west. 5. The subject property's Mixed Use Activity Center location in relation to existing or proposed community facilities and services permits the development's intensity of land use as required In Objective 2 of the Future Land Use Element, and the Collier County Density Rating System. 6. All final development orders for this project are subject to Division 3.15,Adequate Public Facilities, of the Collier County Land Development Code as 3 set forth in Policy 2.3 of the Future Land Use Element. The development project will be served by a full range of services and utilities provided by the County and will result in an efficient and economical expansion of facilities as required Policy 3.1 H of the Future land Use Element 7. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 8. The Sierra Meadows PUD is planned to incorporate open spaces, wetlands and natural systems for water management in accordance with their natural functions and capabilities consistent with Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element and Goals One, Two and Six of the Recreation and Open Space Element. 9. The entire subject property qualifies for a maximum density of 496 dwelling units per acre based upon Future Land Use Element Density Rating System. The project development is consistent with the Density Rating System with a project density of 5.27 dwelling units per acre, or 300 total maximum units. Land Use Area(1) Density Dwelling Units Total Site Area 90.8 Less Commercial Tract 30.2 ac. Right-of-way 3.1 ac. Multi-family Residential 18.7 ac. Preserve and Surface Water 38.8 ac. Management Area Net Gross Area For Residential 60.6ac. Density Calculations-- + Mixed Use Activity Center 5.1 ac. @ 16 DUS per ac. 82 DUS + Residential Base Density 55.5 ac. @ 4 DUS per ac. 222 DUS + Activity Center Density Band 55.5 ac. @ 3 DUS per ac. 166 DUS + 2 Direct Access Connections 55.5 ac. @ 1 DUS per ac. 55 DUS 'Total Estimated Maximum Units 60.6 ac. @ 8.66 DUS per ac. 525 DUS Sierra Meadows PUD Amendment 60.9 ac. (ii),4.93 DUS per ac. 300 DUS (1)Right-of-way,Commercial and Residential Tract areas to be finalized at Final Site Development Plan Review. 4 SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the name of The Sierra Meadows PUD 1.2 LEGAL DESCRIPTION A parcel of land located in Section 22, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: The North one-half(9-1/2) of the North one-half(9-1/2), except the Northwest quarter(NW-Xi) of the Northwest quarter(NW-Xi) and road right-of-way and less the Westerly 400 feet, Section 22, Township 50 South, Range 26 East, Collier County, Florida. Containing 90.8 acres,more or less. Subject to easementOeservations or restrictions of record. 1.3 PROPERTY OWNERSHIP The subject property is currently owned by Land Trust Naples. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and CR 951 of unincorporated Collier County, Florida. The subject property is located within an Urban Mixed Use Activity Center as designated on the Future Land Use Map. B. The property is currently vacant. The entire site currently has PUD zoning. 1.5 PROJECT DESCRIPTION, Approximately 40-acres of the 90.8 acre property are located within the Mixed Use Activity Center. The Sierra Meadows PUD will include a mixture of land uses for commercial, residential and conservation reserve. The mixed-use project will consist of a 30.2 plus acre commercial land use tract, approximately 3.1 acres of internal right-of- way, a 18.7-acre residential land use tract, and a 38.8-acre conservation reserve tract. The final size and configuration of the commercial,right-of-way, residential and conservation 5 reserve tracts will be determined during final Site Development Plan approval process however,the final size shall not deviate more than five percent of the total acreage designated as such, up to five acres in area. Access to the site is provided from both CR 951 and Rattlesnake Hammock Road through existing and proposed median openings to provide ingress and egress to both arterial and collector roadways. The Sierra Meadows PUD Access Management Plait is depicted v✓iihi_i t c +;;;;;; +il. "A", PUD Master Plan. A maximum number of three hundred(300) dwelling units are proposed along with two - hundred and sixty thousand(260,000) square feet of gross commercial floor area, The Sierra Meadows PUD intends to establish commercial development guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Unifoiui guidelines and standards will be created for landscaping, lighting, fences and buffers. The Master Plan is illustrated graphically on Exhibit"A", PUD Master Plan. Individual tract land uses are identified within the Master Plan. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Sierra Meadows Planned Unit Development Ordinance." SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development,relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of The Sierra Meadows PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code in effect at the time of Site Development Plan or Plat approval, as applicable and as provided in the Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. 'Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. 6 B. Unless otherwise noted,the definitions of all tears shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of The Sierra Meadows PUD shall beo..ome part of the regulations that govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subjected to a concurrency review under the provisions of Division 3.15,Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next,to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Plan. B. Minor modifications to Exhibit"A" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2. 7 .3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. C. In addition to the various areas and specific items shown in Exhibit "A", easements(such as utility,private, semi-public, etc.) shall be established and/or vacated within or along the property, as may be necessary. 2.4 LAND USE A. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code,when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. 7 C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and provision for perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to tile PAID document and Master Plan as provided in Section 2.7.3.5 of the Collier County Land Development Code. 2.6 MODEL HOMES Model Homes and Model Home Sales Centers shall be permitted as provided for in Section 2.6.33.4 of the Collier County Land Development Code. 2.7 LI_MITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provisions as provided for within Article 2, Division 2.7, Section 2.7.3.4 of the Collier County Land Development Code. 2.8 PUD MONITORING An annual monitoring report shall be submitted pursuant to,Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 2.9 DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property ownership association(s), which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. 2.10 OPEN SPACE REQUIREMENTS A minimum of thirty percent(30%) of the project's gross area shall be devoted to open space,pursuant to Article 2, Division 2.6, and Section 2.6.32 of the Collier County Land Development Code. The total project is 90.8 +/- acres, requiring a minimum of 27 .24 acres to be retained as open space throughout The Sierra Meadows PUD. The 38.8-acre conservation reserve tract will comprehensively meet the projects 30% open space requirement. The 30% open space requirement shall not apply to individual development parcels. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9, Section 3.9.5.5.3 of the Collier County Land Development Code, 25% of the viable naturally functioning native vegetation on site, or approximately 22.7 acres, shall be retained. The 38.8-acre conservation reserve tract will 8 comprehensively meet the projects 25%native vegetation requirement. The 25%native vegetation requirement shall not apply to individual development parcels 2.12 POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land - Development Code, accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. 2.13 SIGNS Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. 2.14 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Engineering Review Manager. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5. 7 .3.1; however,removal of fill from The Sierra Meadows PUD shall be limited to an amount up to 10 percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2.15 EXCAVATION AND VEGETATION REMOVAL A. Improvement of property shall be prohibited prior to Issuance of a building peiunt.No site work,removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under the Land Development Code or other applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system,to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Code and a Clearing and Filling Permit has been issued. Removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land.Development Code. 9 B. A site clearing, grading, filling and re-vegetation plan and a Clearing and Filling Permit Application, where applicable, shall be submitted to the Community Development and Environmental Services Administrator or his designee for review and approval prior to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the improvement plans incorporate and retain native vegetation. i'nc site specific - clearing, grading, and filling plan for a Subdivision or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: 1. Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9. Additional site alteration may be permitted or required to stabilize and deter re-infestation by exotics subject to the following: a) Provision of a site filling and grading plan for review and approval by the County; b)Provision of a re-vegetation plan for review and approval by the County; 2. Site filling exceeding 25 acres to properly utilize fill generated on site,but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the following: a)A site-clearing plan shall be submitted for review and approval that shows the acreage to be cleared. A minimum of 25% of the natural functioning vegetation shall be retained. b) The applicant shall submit a detailed description of the fill and site work activity including a plan indicating fill placement locations and depths, grading plan and water management improvements. c) The applicant shall submit a detailed re-vegetation plan including a cost estimate. The cost estimate shall include the cost of grading,re-vegetation and yearly maintenance cost and a time specific schedule on completion of the re-vegetation work. d) The permittee shall post a surety bond or an irrevocable standby letter of credit in an amount of 110% of certified cost estimate as previously detailed including the maintenance cost for 3 years. The amount of the security may be reduced upon the issuance of a building peiiiiit. A 10 Incormir separate security will not be required if such costs are included in the subdivision security. 2.16 ARCHITECTURE AND SITE DESIGN All signage, fencing and landscaping shall be architecturally unified for all development on the subject site. AU commercial buildings shall comply with Division 2.8 of the Collier County Land Development Code(Architectural and Site Design Standards and Guidelines)prior to issuance of a building permit. SECTION Ill RESIDENTIAL DISTRICT 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Sierra Meadows PUD designated on Exhibit "A", PUD Master Plan as "Residential". 3.2 MAXIMUM DWELLING UNITS A maximum number of three hundred(300) Dwelling Units may be constructed on lands designated"Residential" on the PUD Master Plan. For assisted living facilities, the maximum gross floor area shall not exceed a factor of 0.45 (0.45 times the area of the property excluding conservation tracts and commercial tracts). 3.3 GENERAL DESCRIPTION A. Areas designated as Residential on the PUD Master Plan are designed to accommodate Multi-family and Group Housing, along with associated recreational facilities, essential services, and customary accessory uses. B. The approximate acreage of the Residential District is eighteen and seventeenth (18.7) acres. Actual acreage of all development tracts will be provided at the time of Site Development Plan approval in accordance with Division 3.3 of the LDC. The Residential tract is designed to accommodate internal roadways, open space,parks,amenity areas, lakes and water management facilities, and other similar uses. 11 3.4 PERMITTED USES AND STRUCTURES No building or struetute, or pan Lei e �f, siia__ be erected, altered, or used, or land or water used, in whole or part, for other than the following: A. Principal Uses: 1) Multiple-family dwellings including Garden Apai lnients. 2) Single-family Attached and Townhouse 3) Assisted Living Facilities (ALFs)pursuant to Section 2.6.26 of the Land Development Code. 4) Group Care Facility(category I and category II) pursuant to Section 2.6.26 of the Land Development Code, excluding Homeless Shelters. 5)Nursing home facility pursuant to Section 2.6.26 of the Land Development Code. 6) Group Care units, except homeless shelters, pursuant to Section 2.6.26 CC LDC. 7) Guard houses and entrance gates. 8)Management offices and recreational facilities that serve the group housing development including but not limited to administrative offices,tennis courts,pools,pool cabanas, clubhouses and gazebos. 9)Any other principal use, which is comparable in nature with the foregoing,uses. B. Accessory Uses: 1) Uses and structures that are necessary and Incidental to uses permitted as a right including,but not limited to, garages and carports. 2)Parks,passive recreational areas,boardwalks, observation platforms. 3) Biking, hiking, health and nature trails. 4) Water management facilities and lakes,including lakes with seawalls and other types of architectural bank treatment, and essential services. 5) Recreational shelters, restrooms, off-street parking,lighting and signage. 12 3.5 DEVELOPMENT STANDARDS Table 1 sets forth the development standards for land uses within the Residential District. 1. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time-o-f Site Development Plan approval. Unless otherwise indicated, required yards,heights, and floor area standards apply to principal structures. 2. Development standards for uses not specifically set forth in Table 1 shall be established during the Site Development Plan approval as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. 3. Site development standards for single family attached and townhouses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. 4. During the platting process, the developer shall identify the specific housing type intended for each platted tract. 13 TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL TRACTS SINGLE FAMILY PERMITTED USES AND ATTACHED & MULTI-FAMILY STANDARDS TOWNHOUSE i DWELLINGS Categoiv �— 1 2 Minimum Lot Area L _ 3,000 SF per DU 1 AC Minimum Lot Width *1 30 150 Front Yard 20 25 Front Yard for 10 _._ 15 _.. Side Entry Garage Side Yard 0 or.5 BH t4) 0.5 BH Rear Yard Principle *2 20 3 BH Rear Yard Accessory 10 15 Maximum Building 35 55 Height x3 Distance Between .5 SBH .5 SBH Principle Structures Floor Area Min. (S.F.) 1200 425 • BH:Building Height • SBH:(Sum of Building Height):Combined height of two adjacent buildings for the purposes of determining setback requirements. • SF: Square feet All distances are in :eet unless otherwise noted. • Front yards shall be measured as follows: A.If the parcel Is served by a public right-of-way,setback is measured from the adjacent right-of way line. B.If the parcel is served by a private road,setback Is measured from the back of curb(If curbed)or edge of pavement(If not curbed). C.If the parcel Is served by a platted private drive,the setback is measured from the back of the nearest easement or property line,whichever Is more restrictive. • *1 -Minimum lot width may be reduced by 20%for cul-de-sac lots provided minimum lot area requirement is still maintained. • *2-Rear yards for principal and accessory structures on lots and tracts which abut a non-jurisdictional open space or native vegetation preservation area may be zero(0')feet except that when abutting a lake or water body;an architectural bank treatment shall be incorporated into the design. 14 loviow • *3-Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. • *4-The zero(0')foot provision does not apply to any exterior wall of a structure,and is intended to apply to the common wall or wall along interior lot lines within a series of townhouse or semidetached units. • *5-Group care facility(category I and category II other than homeless)-1,500 sq.ft.plus 200 sq.ft.per live-in person,beginning-with tho seventh live-in person. 15 SEC,iTO 1 V COMMERCIAL DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Sierra Meadows PUD designated on the Exhibit "A", PUD Master Plan as "Commercial". 4.2 GENERAL DESCRIPTION A. Areas designated as "Commercial" on the Master Plan are designed to accommodate a full range of commercial uses,hotel/motel, essential services, and customary accessory uses. B. The approximate acreage of the 'Commercial District that includes the project's internal right-of-way will be thirty and three-tenths (33.3) acres of which approximately three and one-tenth(3.1) acres will be for right-of-way. Net commercial land area will be thirty and two-tenth(30.2)acres. Actual areas of all development tracts and outparcels will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Commercial tracts are designed to accommodate internal roadways, open spaces,lakes, water management facilities, and other similar uses. C. Up to two hundred and sixty thousand(260,000) square feet of retail or office development is permitted within this Commercial area of the Planned Unit Development. 4.3 PERMITTED USES AND STRUCTURES 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. Permitted Principal Uses and Structures 1. Agricultural Services(Group 0742, 0752, except for outdoor kenneling) 2. Amusements and Recreation Services - Indoor(7911 to 7933, 7991 and 7997) 16 3. Apparel and Accessory Stores (Groups 5611-5699) 4. Auto and Home Supply Stores (5531) 5. Automotive Services, Car Washes, Supplies and Gasuliut. _kad.ion, subject to Section 2.6.28 of the Land Development Code(Groups 5531 with primary emphasis on Sale of Automotive Parts and their Installation,but not unrelated Repairs; 5541 which may include a Car Wash as defined by 7542, with the exception of Bus and Truck Washing and Ancillary Repairs normally a function of a Full Service Automobile Gasoline Service Station. Car washes abutting residential land uses subject to Section 2.2.15.2.1.5 of the Land Development Code.) 6. Automotive Repair, Services and Parking(Groups 7514, 7515, 7521) 7. Building Materials, Hardware and Garden Supplies (Groups 5211, 5231, 5251 - Outside Storage is limited only to Garden Supplies). 8. Business Services (Groups 7311-7352, 7359, except airplane, industrial truck,portable toilet and oil field equipment Renting and leasing, except armored car and dog rental, 7389 except auctioning,bronzing, field warehousing, salvaging of damaged merchandise). 9. Child Day Care Services(8351) 10. Communications (Groups 4812-4841, except principal transmission towers) 11. Depository Institutions (Groups 6011-6099) 12. Drug Stores and Proprietary Stores (5912) 13. Eating and Drinking Places (Groups 5812-5813. All establishments engaged In the retail sale of alcoholic beverages are subject to the location requirements of Sec. 2.6.10) 14. Hotels and motels (Groups .7011, 7021, 7041). 15. Engineering, Accounting, Research,Management and Related Services (Groups 8711-8748) 16. Food Stores {Groups 5411-5499) 17. General Merchandise Stores (Groups 5311-5399) 18. Group Care Facilities (Category I and II) Care Units and Nursing Homes, subject to Sec. 2.6.26 17 19. Group Housing, excluding Family Care Facilities, subject to Sec. 2.6.26 20. Health Services (Groups 8011-8049, 8082) 21. Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736) 22. insurance Cainie:rs, Ageuis and Brokers (Groups 6311-6399, 6411) 23. Legal Services (8111) 24. Libraries (8231) 25. Management and Public Relations Services (Groups 8741-8743,8748) 26. Membership Organizations (8611-8699) 27. Miscellaneous Personal Services(7291) 28. Miscellaneous Retail (Groups 5912-5963, 5992-5999) 29. Motion Picture Theaters (7832) 30. Museums and Art Galleries (8412) 31.Non-depository Credit Institutions (Groups 6111-6163) 32. Paint, Glass and Wallpaper Stores (5231) 33. Personal Services (Groups 7212, 7215, 7217, 7219-7299) 34. Public Administration(Groups 9111-9199, 9229, 9311, 9411-9451, 9511-9562, 9611-9661) 35. Real Estate (Groups 6512, 6531-6541) 36. Retail Nurseries, Lawn and Garden Supply Stores (5261) 37. Security and Commodity Brokers, Dealer, Exchanges and Service(Groups 6211- 6289) 38. Video Tape Rental (7841) 39. Vocational Schools (Groups 8243-8299) 40. Any other general commercial use,which is comparable in nature with the C-4 General Commercial District in effect on the date of approval of this PUD Ordinance and the foregoing uses. 18 4.4 ACCESSORY USES AND STRUCTURES Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of the Mixed Use Activity Center Sub-district which the Planning Services Department Director determines to be incompatible. 4.5 DEVELOPMENT STANDARDS A. Minimum lot area: Ten thousand(10,000) square feet. B. Minimum lot width: Seventy-five (75) feet, as measured by the exterior project lines. C. Minimum yard requirements: 1. Front yard: Twenty-five (25) feet. 2. Front yard CR 951 and Rattlesnake Hammock Roads: The distance equal to the height of the building,but no less than twenty-five (25) feet. 3. Side yard: Fifteen(15) feet. 4. Rear yard:Fifteen(15) feet. 5. Any yard abutting a residential parcel and the southern property boundary: Twenty-five (25) feet. D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen(15) feet or a distance equal to one-half the sum of their heights, whichever is greater. E. Minimum off-street parking and off-street loading: 1. As required by Division 2.3. of the Land Development Code. 2. The Parcel described in Exhibit `C' may provide a maximum of twelve (12) consecutive parking stalls,with a site average not to exceed ten(10) consecutive parking stalls. F. Minimum floor area of principal structure: Seven hundred (700) square feet gross floor area for each building on the ground floor. G. Maximum height: Fifty(50) feet above Mean Flood Elevation as measured by the finished floor elevation to the building cave. H. General application for setbacks: Front yard setbacks shall comply with the following: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 19 2. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line, whichever is more restrictive. I. Architectural and site design standards: 1. All commercial buildings and projects shall be subject to the provisions of LDC Division 2.8 and any other applicable sections of the Land Development Code. 2. The parcel described in Exhibit `C' shall provide a pergola to meet the requirements of Section 5.05.08.C.2.c.iii. The pergola shall measure a total of 55- percent of the building facade, 8-inch columns, and a minimum width of 4-feet 6- inches. J. Merchandise storage and display: Unless specifically peiuiitted for use, outside storage or display of merchandise is prohibited. K. Landscaping: 1. As required by Division 2.4. of the Land Development Code. 2. The parcel described in Exhibit `C' shall provide a minimum twenty(20) foot wide landscape buffer along the CR 951 frontage. 3. The Parcel described in Exhibit `C' shall provide an undulating berm with a minimum average height of 0.5 feet. L. Signs: 1. As required by Division 2.5. of the Land Development Code. 2. The Parcel described in Exhibit `C' may provide one (1) ground sign with a maximum height of twelve (12) feet and a sign area of one-hundred eighteen (118) square feet along the CR 951 frontage. The setback for this sign is 5'. 3. The Parcel described in Exhibit `C' may provide fuel canopy signs with a maximum sign area of fifty-one (51) square feet. Fuel canopy signage may be provided along the south side of the fuel canopy in addition to the fuel canopy fronting CR 951 and Rattlesnake Hammock. 4. The Parcel described in Exhibit `C' may provide a maximum of three (3) wall signs on the building facade fronting CR 951 with a cumulative sign area not to exceed one hundred and fifty(150) feet. 20 5. The Parcel described in Exhibit `C' may provide a window sign with coverage of 46%of the respective window area. 21 SECTION V CONSERVATION RESERVE DISTRICT 5.1 PURPOSE The purpose of phis section is to iueiuify pcimitted uses and development standards for- areas within The Sierra Meadows PUD designated on Exhibit "A", PUD Master Plan as Conservation Reserve Tract. 5.2 GENERAL DESCRIPTION The 38.8-acre.tract designated as Conservation Reserve on the PUC Master Plan is designed to accommodate a full range of conservation and limited water management uses, functions and berms. The primary purpose of the Reserve District is to conserve native on-site wetlands and uplands habitat, to allow for the restoration and enhancement of impacted or degraded wetlands, to provide a native open space site amenity for the enjoyment of The Sierra Meadows PUD residents, and to provide a native vegetative buffer for future adjoining residential uses to the west. The Conservation Reserve Tract consists of 35.9 acres of wetlands and uplands preserve, and 2.9 acres of a perimeter beiin easement. The final size and configuration of the commercial,residential and conservation reserve tracts will be determined during final Site Development Plan approval process. However, the final size shall not deviate more than five percent of the total acreage designated as such,up to five acres in area. 5.3 PERMIT FED 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: Permitted Principal Uses and Structures: A. Passive recreational areas,boardwalks, and recreational shelters. B. Nature trails, excluding asphalt paved surfaces. C. Water management facilities,beinis, structures and lake bulkheads or other structural treatments. D. Mitigation areas. • E. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the Reserve District. 22 ...................... 5.4 DEVELOPMENT STANDARDS A. All structures shall set back a minimum of fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of reserve District boundaries and roads, except for pathways,boardwalks and water management structures, which shall have no required setback. 5.5 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by the Collier County Land Development Code, Section 3.2.8.4.1.3 for preservation lands included in the Conservation Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies. The developer or owners of The Sierra Meadows PUD shall be responsible for control and maintenance of lands within the Reserve District. 23 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this section is to set forth the standards for development of the project. 6.2 GENERAL All facilities shall be constructed in accordance with the final site development plans,the Final subdivision plats, and all applicable state and local laws, codes and regulations applicable to this PUD. Except when specifically noted or otherwise set forth in this document, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this project even if the land within the PUD is not to be platted. All state and federal Permits shall be effective according to the stipulations and conditions of the permitting Agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. The developer and/or his successor shall agree to follow the Master Plan and the PUD regulations as adopted, along with any other conditions or modifications as may be agreed to in the rezoning of this property. In addition, the developer and the successors are bound by the commitments within this agreement. 6.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan illustrates proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2. 7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications or other Instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. C. This PUD shall be subject to the Sunset Provisions of Section 2. 7.3.4 of the Land Development Code, including development monitoring report provisions. 24 6.4 WATER MANAGEMENT A. Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site B. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services 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 Engineering Review Services. C. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. D. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. E. Prior to construction plans approval, the petitioner shall demonstrate legal and physical evidence of a positive outfall for the water management system. F. The County reserves a 30 foot wide drainage easement along the western property line for the future widening of Rattlesnake Hammock Road, to which the developer does not object. Permit modifications or conditions, or amendments or new permits required to accommodate the County's drainage easement, including any mitigation, shall be the sole responsibility of the County. 6.5 TRANSPORTATION A. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at the intersection of CR 951 and the project entrance if and when the County warrants the project. The signal will be owned, operated and maintained by Collier County. B. The developer shall provide arterial level street lighting at all project entrances prior to the issuance of a Certificate of Occupancy. C. Evidence of an FOOT Connection Permit or Notice of Intent to Issue a Connection Permit shall be provided prior to the issuance of any development permit for the project. 25 D. The developer shall provide sidewalks/bike paths along all PUD development tract arterial roadway frontages at the time of final site development permitting and construction for each phase and parcel of the PUD. E. At each development access driveway, an additional 12 feet is needed for right turn lane facilities. Compensating right or-wsy for t,,rn lanes and median areas shall be dedicated by the applicant to reimburse the County for the use of existing right-of-way prior to the issuance of the first "permanent" Certificate of Occupancy. Such dedication shall be considered site related, and there shall be no road impact fee credits to the applicant. F. The applicant shall provide to the County in fee simple ownership, a strip of land 25 feet in width along the entire length of the Rattlesnake Hammock Road right- of-way for future four-laning of Rattlesnake Hammock Road. In exchange for providing this additional right-of-way, the applicant shall be eligible for road impact fee credits in accordance with the provisions of Ordinance 92-22, as amended. The future right-of-way shall be made available to the County either upon presentation of the plat for recording, or within 120 days' notice to the applicant by the County of the County's need for the land,whichever occurs earlier. Road impact fee credits shall be subject to a Developer Contribution Agreement approved by the Board of County Commissioners, and shall be available to the developer upon change in title ownership of the subject contribution. 6.6 UTILITIES A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance 88-76, as amended, and other applicable County rules and regulations. 6.7 ENGINEERING A. Except as otherwise provided within this PUD document,this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. 6.8 ENVIRONMENTAL, A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 26 B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and if the property is platted shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Subsection 3.2.8.4.7.3 of the Land Development Code. C. Buffers shall be provided around wetlands, extending at'east fifteen(15) feet landward from the edge of wetland preserves in all places and averaging twenty- five (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 approved by Current Planning Environmental Staff. D. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish &Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission(FGFWFC)regarding potential impacts to protected wildlife species. Where protected species are observed on site,a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. E. An exotic vegetation removal,monitoring,and maintenance(exotic-free)plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. This plan shall include methods and time schedule for removal of exotic vegetation within the conservation/preservation area. F. The project shall comply with the environmental sections of the Land Development Code and the Growth Management Plan in effect at the time of final. development order approval. G. The 35.9-acre Conservation Reserve Tract will serve to meet all Land Development Code native open space requirements for the Residential and Commercial Tracts. A copy of the South Florida Water Management District Conservation Easement will be copied to Current Planning Environmental Staff at the time of the first Site Development Plan approval. 27 EXHIBIT B TAE SIERRA MEADOWS PUD MASTER PLAN 28 EXHIBIT C PARCEL 3- SKETCH AND LEGAL DESCRIPTION 29 ...................... EXHIBIT 'C' ]I ,EGA1(, D iFI;SCRIPTI ON OF A PARCEL LYING 11\1- SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION: A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 22, TOWNSHIP 50 SOUTH. RANGE 26 EAST, BEING A PART OF LOT 4 OF SIERRA MEADOW, A SUBDIVISION RECORDED IN PLAT BOOK 39, PAGES 11, 12 AND 13 IN THE PUBLIC RECORDS OF COLLIER COUNTY, AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 3 OF SAID SUBDIVISION; THENCE N.88'D3'44"E., ALONG THE SOUTH LINE OF TRACT "G" OF SAID SUBDIVISION FOR 8.01 FEET TO THE POINT OF BEGINNING; THENCE S.O1'06'09"W., ALONG A LINE PARALLEL TO AND 8.00 FEET EAST (AS MEASURED ON THE PERPENDICULAR) OF THE EAST LINE OF SAID LOT 3 FOR 275.39 FEET; THENCE 5.8B'03'44"W., FOR 8.01 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3, AND AN INTERSECTION WITH THE EASTERLY RIGHT—OF—WAY LINE OF SIERRA MEADOWS BOULEVARD (50 FEET WIDE); THENCE 5.01'06'09"W., ALONG SAID EASTERLY RIGHT—OF—WAY LINE FOR 47.58 FEET TO THE NORTHWEST CORNER OF LOT 5 OF SAID SUBDIVISION; THENCE N,88'03'44"E.,ALONG THE NORTH LINE OF SAID LOT 5 FOR 272.38 FEET; THENCE N.0105'09"E., FOR 322.97 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT "G", THENCE S.88'03'44"W., ALONG SAID SOUTH LINE 264.37 FEET TO THE POINT OF BEGINNING. NOTES: 1. BEARINGS ARE BASED ON THE CENTERLINE OF SIERRA MEADOWS BOULEVARD AS BEARING N B8'03'44" E. 2. DISTANCES ARE IN FEET AND ---, DECIMALS THEREOF. DENIS'. ,rv�°- NELL,'Jr, 3. PARCEL IS SUDJECT TO PROFESSIF AL SURVEYOR AND MAPPER EASEMENTS, RESERVATIONS DR FLORIDA ,ERT .I;'ATE NO, LS# 5430 RESTRICTIONS AND f RIGHT—OF—WAYS (RECORDED AND /19 UNRECORDED, WRITTEN AND DATE SIGNED: /_.__ UNWRITTEN). 4. PARCEL CONTAINS 1.97 ACRES, NOT VALID WITHOUT THE SIGNATURE AND MORE OR LESS. THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. * THIS IS NOT A SURVEY * SI 'RRA MEADOWS - P'ORTION OF LOT 4 TITLE: LEGAL DESCRIPTION METRON 10970 S. CLEVELAND AVE. SUITE 605 u FORT MYERS, FLORIDA 33907 SURVEYING&MAPPING LLC PHONE:(239)(239) 275-8575 J LAND SURVEYORS•PLANNERS www.metronfLcom LB11 2071 elnD ane,/v,vz-, 'PR3.:cr 12992.SK.nn EE FILE 7007 7 nL iFit11,4r kSaTE::. :7.7A`n:i M� a..Ats:: CK{kCti n7';. 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I1 1q CC. i i r) i f 3 ii . 1 ; k', 2 i �j 4 l' ,I1',,,,,.1.i. tY�'` s1T `�' IJ.'^ • M�.a�a. Y E� �'� �'f }t ¢k ,1110.1,1,? ¢i •{i..! i I i. 1 r_ :elm., IIF, • ., I' Jr i 2111 i ill i i=. t 7:1 .41/i I 1 {, f ,. _� . . lit 1. i fl dr ....+ Y t i s 11 11 1 11 At 11At. (i tA0R'd3113i vauw waxws wvli.,• 0. . . 11 ice'...,,_..,. .._ _,......m-- .... ..._......�.�. .....___.......... 1 2 3 4 TRANSCRIPT OF THE 5 NEIGHBORHOOD INFORMATION MEETING 6 FOR RACETRAC AT SIERRA MEADOWS 7 February 19, 2015 8 5:30 p.m. 9 10 11 12 Appearances: 13 TOM HARDY 14 15 16 17 18 19 20 21 22 23 24 25 2 1 MR. HARDY: Good evening, everyone. I'm Tom 2 Hardy with RaceTrac Petroleum. I'm here to talk to 3 you tonight about our new store, proposed store at 4 the intersection of Rattlesnake Hammock and Collier 5 Boulevard. 6 What I'm putting up here now is just sort of 7 an aerial to show you what's going on with part of 8 the overall Sierra Meadows PUD. It's a planned 9 unit development there that encompasses about 30 10 acres, I think, with numerous -- several commercial 11 lots that front both Rattlesnake and Collier. 12 We only have a few points of access into. We 13 have Sequoia Drive. There's another one south of 14 here. There's Coyote and then there's another one 15 west of there. 16 So that's the access internally. There will 17 be no direct access off of Collier Boulevard or lg Rattlesnake Hammock. 19 What we're looking at, where we're going to 20 build the store is on lot 4. So right there at the 21 hard corner of Rattlesnake Hammock and Collier 22 Boulevard on the southwest corner. So we're across 23 from Publix and there's a bank over there, too. 24 UNIDENTIFIED FEMALE VOICE: Wells Fargo. 25 MR. HARDY: Wells Fargo. So we're across 3 1 Rattlesnake from there. 2 So that's where we are. 3 UNIDENTIFIED FEMALE VOICE: It's cleared right 4 now, right, the lot, that lot -- 5 MR. HARDY: Yes, we cleared lot 4 to be able 6 to do some geotech investigations and all that. 7 So I'll show you the quick site plan. So what 8 we're doing here, because of the access that I told 9 you about from Collier Boulevard and Rattlesnake 10 Hammock, we've got the store here and our two main 11 points of access if off the back corner. That's 12 something different for us, but we're doing the 13 back access off the back corner, and that's off 14 that internal loop road that is Sierra Meadows. 15 Were also going to -- I told you we were also 16 purchasing lot 3. So we're going to do lot 3 to 17 build a drop-out to Coyote. We always like giving 18 our customers of our gas multiple points of access. 19 That really allows for circulation. Circulation is 20 paramount for us. 21 UNIDENTIFIED FEMALE VOICE: Where is that 22 going to end up? 23 MR. HARDY: This is on Coyote and this is the 24 first -- first drive that is closest to 25 Rattlesnake. So it's just a right in, right out 4 1 drive that fronts Collier Boulevard. 2 UNIDENTIFIED FEMALE VOICE: Okay. Thank you 3 so much. 4 UNIDENTIFIED MALE VOICE: So I have a 5 question. 6 MR. HARDY: If -- let -- it will take me seven 7 or eight minutes to go through this. 8 UNIDENTIFIED MALE VOICE: Yeah. 9 MR. HARDY: So we've got the site plan. What 10 we've got is the -- we've got eight pumps, but 11 that's 16 fueling opportunities out front, single 12 row, that faces Collier Boulevard. The idea is our 13 store, it's the same store that we built up here at 14 Airport-Pulling. I don't know if any of you visit 15 that, but that's -- it's the same store, same 16 inside offering, same everything. 17 And then we like to separate our deliveries 18 and our back-of-house stuff. So we have a driveway 19 in the back for those type of deliveries, so that 20 access is back here. So we'll have that access 21 there. Parking around the building, and then, like 22 I said, we have the entrance out to Coyote. 23 Lot 3, we're just going to build the driveway 24 on, develop it, get our store open, and then we 25 will probably put lot 3 back out on the market. 5 1 That still would have to meet Collier County 2 Development standards, the Sierra Meadows PUD 3 standards. Have to go through the same process I 'm 4 doing now. 5 So let's talk about the building. The 6 building you see here, this is the front of the 7 building. It faces Collier Boulevard, faces the 8 gas canopies, faces that way. This is the back of 9 the building where all the deliveries are, still -- l0 still very good looking facade. 11 You know, back-of-house, I 'd like to put it up 12 against any front of house for a lot of other -- 13 some of our competitors. 14 This right here is the south facade, so it's 15 right here. So when you come into the property and 16 visit the site, this is our secondary entrance, our 17 side entrance. And that's this elevation here. 18 So we have an entrance here with a 19 (indiscernible) just like we have at 20 Airport-Pulling. 21 This is our north facade. This is what faces 22 -- this is the facade that faces Rattlesnake 23 Hammock. 24 This is one of the deviations we're asking 25 for. Part of the -- part of the Collier County 6 i architectural requirements requires a certain 2 number of architectural eleiucnts to be on any 3 facade that fronts, and we're asking -- this group 4 of windows is one of the deviations, and I'll get 5 into that in a second. 6 I also have a landscape plan. The landscape 7 and site plan we'll go through, if you have any 8 questions. 9 So let me go through the deviations that we're 10 asking for and the reason we're here tonight. 11 So i mentioned the architectural 12 embellishments on the north facade. So those 13 windows right here. It's just an element in the 14 code. It calls for using this as a ply glass. We 15 need that as a deviation for that to count towards 16 one of the requirements. 17 We've reviewed it with staff. Staff seemed is okay with that element. It's a good looking 19 facade. We think that's a good element there. 20 The other deviations we're asking for is 21 Collier County codes allows 150 square feet per -- 22 of signage per facade, but this -- this facade 23 right here comes nowhere near 150 square feet. So 24 we're asking for a second sign here on the -- and 25 that's our (indiscernible) that's our soft-serve 7 1 yogurt. And if you've been to Airport-Pulling 2 (indiscernible) allow that second sign on the 3 building. 4 Also, the third one is to allow a little 5 window (indiscernible) here that advertises our 6 yogurt, in that -- just in that little window pane 7 there. 8 The next deviation is -- would be our canopy 9 signage. We're asking for a deviation to allow a 10 sign on the north of the canopy, on the south of 11 the canopy and then our standard one that's on the 12 front. Each one of those, we're asking to 13 (indiscernible) what the minimum allowance for 14 (indiscernible) is. So just a slightly larger sign 15 or a larger sign, like I say, slightly, a larger 16 sign than what's allowed. 17 And then the third one is our price sign. 18 What our hardship is, on our price sign, is this 19 amount of right-of-way here. This, atypical to 20 what else is in Collier County. 21 Publix and Wells Fargo Bank, their 22 right-of-way is ten feet off the back of the curb, 23 off of Collier Boulevard. We're 70 feet. So we 24 sit more than two times, three times off the back 25 of the right-of-way. So we're asking for two times 8 1 the sign. We're allowed 50 square feet. We're 2 asking for a 115- square foot sign. That sign is in 3 your packet. 4 The -- it's towards the back. It has got a 5 roof on top of it that matches. Our printer is not 6 the best in the world, but the roof on this will 7 match the colors, will be the same. 8 UNIDENTIFIED MALE VOICE: As the roof on the 9 building. 10 MR. HARDY: The roof on the building. And the 11 color scheme, that's around there, it's the same 12 color scheme that's on the building. 13 And we're just asking to, since we sit in more 14 than two -- almost three times the distance off the 15 right-of-way that everybody else does, we're asking 16 for twice the sign. 17 And then the other element, I think there's iB another deviation on the sign, the height of the 19 sign. I think we're allowed eight feet. Because 20 of the distance, we're asking to be 12 feet. 21 Now, that -- the 11 feet is measured to the 22 top of the cabinet, not the top of the sign. The 23 roof is not part of the sign. That's what will be 24 up front. 25 UNIDENTIFIED MALE VOICE: It will be 11 feet 9 1 or 12 feet as measured up to what point? 2 MR- HARDY: --210-the top of the cabinet. 3 UNIDENTIFIED MALE VOICE: So that's 11 or 12? 4 MR. HARDY: That's 11 feet, two inches. 5 UNIDENTIFIED MALE VOICE: Okay. 6 MR. HARDY: To the top of the cabinet. So 7 it's right here, and the roof will be -- 8 UNIDENTIFIED MALE VOICE: So the structures 9 adds another two feet? 10 MR. HARDY: Yeah, something like that. 11 UNIDENTIFIED MALE VOICE: So the thing is 13 12 feet high? 13 MR. HARDY: Yes, sir. But it sits 70 feet off 14 the road. 15 UNIDENTIFIED MALE VOICE: It sits 70 feet 16 back? 17 MR. HARDY: Yes, sir. 18 UNIDENTIFIED MALE VOICE: (Indiscernible) 19 yeah. 20 MR. HARDY: So when you look at -- if you were 21 sitting -- if you were a guest heading southbound 22 on Collier Boulevard -- 23 UNIDENTIFIED MALE VOICE: Yeah. 24 MR. HARDY: -- you would, you know, just sit 25 there and these would be a little bigger in size to 10 1 catch your attention. 2 UNIDENTIFIED MALE VOICE: Is your finger on 3 the curb? 4 MR. HARDY: No. The curb is here. That's 5 where the curb is. 6 UNIDENTIFIED MALE VOICE: Oh, that's the curb? 7 MR. HARDY: That's -- this is all right-of-way 8 that I believe -- 9 UNIDENTIFIED MALE VOICE: Is grass there? 10 MR. HARDY: This is going to be grass. And 11 we'll make it -- no, it will be -- 12 UNIDENTIFIED MALE VOICE: Grass. 13 MR. HARDY: -- just a grass swale. I think 14 Collier County picked that up for -- here. That's 15 a good idea. 16 The -- so it's this area here. 17 UNIDENTIFIED FEMALE VOICE: Uh-huh. 18 MR. HARDY: There's really -- there's really 19 no trees there. We'll maintain it as a grass 20 swale. Collier County picked it up for drainage 21 considerations. So since we sit a good distance 22 off the road, that's the reason why we're asking 23 for a bigger sign. 24 With that -- 25 UNIDENTIFIED MALE VOICE: You couldn't buy 11 1 that (indiscernible) . 2 - -MR. -HARDY:— No, -I- don't think we could buy 3 that from Collier County. We could, but I do want 4 the store open before the next ten years. 5 UNIDENTIFIED FEMALE VOICE: You have trees in 6 the front on Airport-Pulling. 7 MR. HARDY: Yes. It's -- g UNIDENTIFIED FEMALE VOICE: And on the one 9 further down on Collier. 10 So will those be there also? 11 MR. HARDY: So the landscaping plan, it's good 12 -- so with that said, I've gone through all the 13 deviations. 14 The last thing I'll say before I open it up 15 for questions, this is our landscape plan. You've 16 driven down to our one on Manatee that's under 17 construction right now. It will be open in a few 18 weeks. 19 UNIDENTIFIED MALE VOICE: Where? 20 MR. HARDY: Manatee and Collier Boulevard, 21 south of 41, south of Tamiami Trail. 22 UNIDENTIFIED FEMALE VOICE: Down near the -- 23 MR. HARDY: It's south of Walmart. 24 UNIDENTIFIED FEMALE VOICE: Yeah, Walmart. 25 MR. HARDY: South of -- 1 4 12 1 UNIDENTIFIED FEMALE VOICE: On the way to 2 Marco. 3 UNIDENTIFIED MALE VOICE: Oh, next to the 4 Shell -- 5 MR. HARDY: On the way out to Marco. 6 UNIDENTIFIED MALE VOICE: Next to the Shell 7 station you're going to put out of business, you 8 mean? 9 MR. HARDY: How the market dictates itself, 10 sir, I don't know (indiscernible) . 11 So we've got the landscaping out front, very 12 similar to what you saw down at Manatee. And we'll 13 have that -- the same landscaping you saw there 14 will wrap our site at -- do you like the royal 15 palms that are down there? 16 UNIDENTIFIED FEMALE VOICE: Uh-huh. 17 MR. HARDY: I might talk to the landscape 18 architect and trade some royal palms out for a 19 couple of those -- 20 UNIDENTIFIED FEMALE VOICE: They are beautiful 21 trees. I have one (indiscernible) . 22 MR. HARDY: -- live oaks. We might trade some 23 (indiscernible) . 24 UNIDENTIFIED MALE VOICE: Royal palms for live 25 oaks? Not a fair exchange. mos 13 1 UNIDENTIFIED FEMALE VOICE: No? 2 -MR. --RARDY: Not a fair exchange? 3 UNIDENTIFIED MALE VOICE: (Indiscernible) . 4 MR. HARDY: All right. We'll keep the same. 5 UNIDENTIFIED FEMALE VOICE: I have one in my 6 (indiscernible) and it's beautiful. 7 UNIDENTIFIED MALE VOICE: Yeah? I like royal 8 (indiscernible) . 9 UNIDENTIFIED FEMALE VOICE: You have them on 10 Airport also. 11 MR. HARDY: Yes. I think they're -- I think 12 that the royal palms do a good job. The 13 (indiscernible) . Royal palm breaks up the 14 (indiscernible) . 15 UNIDENTIFIED FEMALE VOICE: Well, they would 16 also blend with the royal palms that are on the 17 Sierra Grand entrance off of Rattlesnake. 18 MR. HARDY: Yeah. 19 UNIDENTIFIED MALE VOICE: That's right. 20 That's right. 21 MR. HARDY: There are palms there. Is that 22 what you're saying? 23 UNIDENTIFIED MALE VOICE: Yeah. 24 MR. HARDY: I don't know. I'll talk to staff 25 about potentially matching landscaping that's in 14 1 the area, but -- 2 UNIDENTIFIED- -MALE VOICE: (Indiscernible) . 3 MR. HARDY: We'll take that under 4 consideration. 5 But maybe the community is in favor of royal 6 palms is what I'm hearing. 7 UNIDENTIFIED MALE VOICE: Well, the royal 8 palms don't mask much, whereas the live oak -- 9 MR. HARDY: Well, no, no. There will be 10 understories. At both locations that we talked 11 about, where we've used the royal palms, there are 12 other understories (indiscernible) that break up 13 the subcanopy look. We use dahoon hollies. We use 14 magnolias, and others. So it's not going to be the 15 only material on the site. 16 Now, Airport-Pulling is a little more open, 17 but that' s city of Naples. What you'll -- the one 18 down at Manatee is a lot closer to this. 19 So with all that said, I'll be more than happy 20 to take any questions. 21 UNIDENTIFIED MALE VOICE: Where are the access 22 points off of -- if you're driving down Collier 23 Boulevard, I don't see any -- maybe I'm missing 24 something. The roads coming in there -- 25 MR. HARDY: So we will not have -- the store 15 1 itself will not have direct access to 2' (indiscernible) . 3 UNIDENTIFIED MALE VOICE: Off Collier? 4 UNIDENTIFIED MALE VOICE: Is that unusual? 5 MR. HARDY: That is unusual. 6 UNIDENTIFIED MALE VOICE: That is because -- 7 any reason for that? 8 MR. HARDY: That's because the PUD -- the PUD 9 was approved that way and with the approval of the 10 PUD, access to the PUD is limited to those access 11 points. 12 UNIDENTIFIED MALE VOICE: But you just have to 13 pass the store on the right. 14 MR. HARDY: Yeah. You'll -- 15 UNIDENTIFIED MALE VOICE: (Indiscernible) . 16 UNIDENTIFIED MALE VOICE: If you're headed 17 south on Collier, show us where you would turn in. 18 MR. HARDY: Okay. So you're heading south on 19 Collier on this side. You'll come down here to 20 Sequoia. 21 UNIDENTIFIED MALE VOICE: That's all you're 22 going to do is you're going to (indiscernible) 23 Sequoia and then back to (indiscernible) . 24 MR. HARDY: So if you're heading south on 25 Collier, you'll come down and turn in Sequoia and 16 1 come in the back. The side of the store will be 2 here. You'll come up L:_:- :.L. pump.> to get gas here. 3 You can circle back and go out or go out the drive 4 here and come out on Rattlesnake and go back south. 5 UNIDENTIFIED MALE VOICE: (Indiscernible) 6 landscaped the median on Sequoia. 7 MR. HARDY: Well, we'll talk (indiscernible) . g UNIDENTIFIED MALE VOICE: If you're coming 9 north on Collier -- 10 MR. HARDY: If you're coming north on 11 Collier -- 12 UNIDENTIFIED MALE VOICE: -- you can't turn on 13 Sequoia. 14 MR. HARDY: -- I hope you bought gas from us 15 down at Manatee. 16 UNIDENTIFIED FEMALE VOICE: It's on the other 17 side of the road. 18 UNIDENTIFIED FEMALE VOICE: Yeah, but you have 19 to realize, I'm not coming from Manatee. I'm 20 around the corner. 21 UNIDENTIFIED FEMALE VOICE: Well, you'd have 22 to turn on Rattlesnake. 23 MR. HARDY: You'd have to turn on Rattlesnake. 24 You would either have to do a U-turn and come down 25 here or either turn on Rattlesnake and go out to 17 1 the second entrance and come in there and come in 2 the back there. It's really not a (indiscernible) 3 store. I mean, the question was asked 4 (indiscernible) one meeting about number of stores. 5 A lot of times, we're (indiscernible) stores 6 based on traffic patterns. 7 UNIDENTIFIED FEMALE VOICE: So is there going 8 to be a cut here? 9 UNIDENTIFIED MALE VOICE: No. See that's 10 the -- 11 UNIDENTIFIED FEMALE VOICE: You can't turn 12 there. There's no turn there. 13 UNIDENTIFIED FEMALE VOICE: So you have to go 14 up there (indiscernible) . 15 UNIDENTIFIED FEMALE VOICE: Yeah. 16 MR. HARDY: There's a second road. 17 UNIDENTIFIED MALE VOICE: Yeah. That' s 18 (indiscernible) . 19 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 20 UNIDENTIFIED FEMALE VOICE: You can turn here 21 into -- back here into -- see this here? This goes 22 into the back (indiscernible) of Publix. 23 UNIDENTIFIED FEMALE VOICE: But it's 24 (indiscernible) . 25 MR. HARDY: No, no, no, but you're turning 18 1 south. 2 UNIDENTIFIED FEMALE VOICE: You're turning 3 onto the -- 4 MR. HARDY: One at a time. 5 UNIDENTIFIED MALE VOICE: Surprising 6 (indiscernible) . 7 UNIDENTIFIED FEMALE VOICE: (Indiscernible) 8 turning (indiscernible) . 9 MR. HARDY: I'm sorry. So to answer the 10 question, it's really (indiscernible) store. 11 Yes, ma'am? 12 UNIDENTIFIED FEMALE VOICE: I have a question. 13 This was originally zoned all medical and doctor's 14 offices. That's what we were told when we 15 purchased. 16 MR. HARDY: Okay. It has been -- 17 UNIDENTIFIED FEMALE VOICE: So we were lied 18 to. 19 MR. HARDY: My understanding of the history of 20 the project and the history of the Sierra Meadows 21 PUD is all the commercial -- all the parcels out 22 front are commercial and all the uses that are 23 allowed in there are allowed in C-4 zoning that are 24 -- that is really typical -- 25 UNIDENTIFIED FEMALE VOICE: If you look at the 19 1 sign that's sitting right behind the Sierra Meadows 2 big 'sign that—just was put in recently -- 3 MR. HARDY: It says medical use -- 4 UNIDENTIFIED FEMALE VOICE: -- it says medical 5 offices. 6 UNIDENTIFIED FEMALE VOICE: But they're going 7 to have a walk-in emergency clinic in the RaceTrac. 8 (Indiscernible) . 9 UNIDENTIFIED MALE VOICE: There's all types of 10 (indiscernible) . 11 UNIDENTIFIED FEMALE VOICE: So what are your 12 plans? You said you were going to landscape lot 3 13 where you have your drive area. 14 Is there a possibility that you would then be 15 looking to place another commercial entity? 16 UNIDENTIFIED MALE VOICE: Yes. 17 MR. HARDY: On lot 3? I mean, that's down the 18 road. That's not part of Rattlesnake. 19 What we'll do is we'll build our drive, like I 20 showed you. We'll leave a green swath to the back 21 of lot 3. And then 18 months, two years, we're 22 built -- we're a lot better at buying property than 23 we are at selling property, but I know a lot of 24 good local brokers that could probably help me. 25 UNIDENTIFIED MALE VOICE: How much land you 20 1 got left there on lot 3? 2 MR. HARDY: Lot 3 is a little over -- John? 3 UNIDENTIFIED MALE VOICE: (Indiscernible) . 4 MR. HARDY: John Wojak (phonetic) is my civil 5 engineering. 6 UNIDENTIFIED MALE VOICE: To the south of that 7 driveway, three acres left? 8 MR. HARDY: No, to the west. So on 9 Rattlesnake Hammock. 10 UNIDENTIFIED MALE VOICE: The whole thing is 11 west. 12 MR. HARDY: To the west of us, lot 3 is -- 13 UNIDENTIFIED FEMALE VOICE: So whatever it is 14 would face the loop road, not Rattlesnake Hammock? 15 UNIDENTIFIED MALE VOICE: Let's make sure I 16 understand. I want to understand your question. 17 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 18 UNIDENTIFIED MALE VOICE: So -- 19 UNIDENTIFIED FEMALE VOICE: So if you -- 20 MR. HARDY: We'll do the drive. Then you 21 see -- 22 UNIDENTIFIED MALE VOICE: That's 23 (indiscernible) . 24 MR. HARDY: So this here, that driveway that 25 you see here -- 21 1 UNIDENTIFIED MALE VOICE: Yeah. 2 _MR. HARDY: Ne'11, maintain this green swath 3 back here. 4 UNIDENTIFIED FEMALE VOICE: Right. 5 MR. HARDY: But we will sell off. 6 UNIDENTIFIF1n FEMALE VOICE: Okay. So then 7 that's what I'm saying whatever commercial property 8 is, will have to face the inside road. 9 MR. HARDY: No, no, they could face this. I 10 mean, this drive here, they could put a drive here, 11 a drive here. 12 UNIDENTIFIED FEMALE VOICE: Oh, okay. 13 MR. HARDY: Face -- and they'll face 14 Rattlesnake. 15 UNIDENTIFIED FEMALE VOICE: Okay. 16 MR. HARDY: There's really -- there's no 17 commercial or retail (indiscernible) facing 18 internally. 19 UNIDENTIFIED FEMALE VOICE: Right. 20 MR. HARDY: They'll want to face Rattlesnake 21 (indiscernible) . 22 UNIDENTIFIED MALE VOICE: Is this your normal 23 color scheme or did the county ask you to do this? 24 UNIDENTIFIED MALE VOICE: That's a great 25 question, sir. 22 1 MR. HARDY: No, this is not our normal color 2 scheme. The green awnings, that is a - - 3 UNIDENTIFIED MALE VOICE: The browns, the 4 tans? 5 MR. HARDY: The browns and tans are our normal 6 color scheme. The browns and the (indiscernible) 7 the only thing that is typical to Collier County is 8 the green awnings. And that falls in that color 9 spectrum -- at Naples, I have the dark brown 10 awnings that matches the roof, the same material as 11 the roof, but that does not follow the color 12 spectrum. 13 UNIDENTIFIED MALE VOICE: These -- are these 14 opaque windows or what will be on the windows? 15 MR. HARDY: These up here? These are opaque 16 windows, so -- 17 UNIDENTIFIED FEMALE VOICE: Are they 18 hurricane? 19 MR. HARDY: I'm sorry? They -- you don't 20 see -- there's no room -- 21 UNIDENTIFIED FEMALE VOICE: I know, but are 22 they (indiscernible) ? 23 MR. HARDY: Yes, they will match all that. 24 UNIDENTIFIED MALE VOICE: So there's no signs 25 -- no signs going in those windows? 23 1 MR. HARDY: No. 2 ' = UNIDENTIFIED- MALE VOICE: Are you going to 3 have signs (indiscernible) front? 4 UNIDENTIFIED FEMALE VOICE: Can you please -- 5 MR. HARDY: In the front, no signs on these 6 because they're not windows. 7 UNIDENTIFIED FEMALE VOICE: I have to record 8 this. 9 UNIDENTIFIED MALE VOICE: (Indiscernible) use 10 it as architectural (indiscernible) . 11 UNIDENTIFIED FEMALE VOICE: Can you please 12 talk one at a time? 13 MR. HARDY: Oh, one at a time. I'm sorry. 14 UNIDENTIFIED MALE VOICE: (Indiscernible) . 15 What about lighting? Some of these stations are 16 very heavily lit. 17 MR. HARDY: Okay. 18 UNIDENTIFIED MALE VOICE: Are there going to 19 be restrictions on that? I would think -- I'm just 20 curious about the -- Sierra Meadows is apartments, 21 right? 22 MR. HARDY: Behind -- 23 UNIDENTIFIED FEMALE VOICE: And condos. 24 UNIDENTIFIED MALE VOICE: Condos. I mean, 25 what's going to block -- what's going to block 24 1 their view of the lights? 2 MR. HARDY: -So we do- - - you see the amount of 3 landscaping we put in, but we also put in LED 4 lighting and all of it has to be shielded or 5 recessed lighting. So the recessed -- 6 UNIDENTIFIED MALE VOICE: No more mercury 7 vapor and all that crazy -- 8 MR. HARDY: No. 9 UNIDENTIFIED MALE VOICE: I mean, I've seen 10 RaceTracs looks like stadium lighting. You can see 11 them three miles away. 12 MR. HARDY: Well, those are the ones on the 13 interstate that were probably meant to be seen 14 three miles away, but on this one, it's -- the 15 lighting that we do is more for security reasons 16 and for the protection of the public. 17 So there's LED bulbs that we do the recessed 18 bulbs up underneath the canopy. The LED bulbs 19 allows for a focused beam straight down, but it 20 bleeds out very, very fast. At all the property 21 lines, it's less than a half foot candle. I've 22 always been told you can't read a book by a half 23 foot candle. 24 So there will be no direct light -- direct 25 (indiscernible) . All of them have to be recessed .................... 25 1 lights, so you will not see -- the plan is you will not see an exposed bulb. 3 UNIDENTIFIED MALE VOICE: Does RaceTrac have 4 its own refineries (indiscernible)? I don't know 5 where RaceTrac came from. (Indiscernible) Mobil 6 and Chevron and Shell and I know how they make 7 their gas. And then I don't buy from 7-Eleven 8 because that's spot-market gas. I have no idea 9 where they get that. Where do you get your gas? 10 MR. HARDY: So RaceTrac is a private, 11 family-owned company, and as you've probably read 12 in the paper, our chairman and owner of the company 13 lives here in Naples or his summer home is here in 14 Naples. And it's been a family-owned business, 15 still is a family-owned business. His daughter, 16 Allison Moran, is the CEO and her sisters, her 17 siblings, are upper management. 18 We are a community (indiscernible) to answer 19 your questions, we buy a lot of our gas out of the 20 Gulf, bring it over on our own barges 21 (indiscernible) but a lot of times, we are buying 22 from BP or Exxon (indiscernible) . 23 UNIDENTIFIED MALE VOICE: How many states are 24 you in and how many stations do you have total? 25 MR. HARDY: So we're in four states with 26 1 RaceTrac brand. You've also heard -- you've seen 2 Raceway., That's our- - su Raceway is our sister 3 brand. It's a franchise -- it's a smaller thing, 4 and it's a franchise. It's not company owned. We 5 franchise the store. 6 RaceTrac is in four states. It's Georgia, 7 Louisiana, Texas and Florida. Florida is our 8 biggest market. We have 151 stores in Florida. 9 And we're gearing 600 company-wide, across all four 10 states. 11 UNIDENTIFIED MALE VOICE: That's Raceway? 12 MR. HARDY: That's RaceTrac. That's RaceTrac 13 and Raceways. 14 UNIDENTIFIED MALE VOICE: Do you have Raceway 15 in Virginia? 16 MR. HARDY: Yes, we do. Yes, we're in 17 Richmond, yes, sir. A new Raceway is up in the 18 Richmond area. 19 UNIDENTIFIED FEMALE VOICE: Are you going to 20 have boat gas? 21 MR. HARDY: Boat gas, E0. At this location, 22 probably. It's a little too early too tell, but 23 there's some -- 24 UNIDENTIFIED FEMALE VOICE: Well, my husband 25 wants boat gas. ...................... mummor 27 1 MR. HARDY: So going -- if he goes down to 2 Marco Island to put in hi boat down in Marco 3 Island -- 4 UNIDENTIFIED FEMALE VOICE: Well he' s been 5 driving over to Airport and filling up five-gallon 6 jugs. 7 MR. HARDY: He's -- Manatee will sell the EO 8 gas. 9 UNIDENTIFIED FEMALE VOICE: Okay. 10 MR. HARDY: (Indiscernible) sell a lot of EO 11 gas. But more than likely at this location, EO 12 (indiscernible) . Well, this location will get, 13 will get E0. We're putting in a special tank that 14 has E0. It's a (indiscernible) tank. EO on one 15 side and E85 on the other, if anybody wants that 16 sugar cane stuff that goes in those fancy cars. 17 Yes, ma'am. 18 UNIDENTIFIED FEMALE VOICE: When do you 19 anticipate starting to build? 20 MR. HARDY: Okay. That's a good question. 21 After tonight, our next step is to go before the 22 hearing examiner. I'd like to get before the 23 hearing examiner as early as possible. 24 (Indiscernible) Collier County schedule how fast we 25 get there. That could be March. It could be 28 1 April. I 'd like to get before him in March. 2 - Once—he approves,•°I think that clears the 3 hurdles with the -- we're down to a minor few 4 things with our SDP, which is our site development 5 permit, getting our permits on site. Building is 6 -- really, building and the site permits are 7 waiting on this process to mature. 8 Once that happens, we'll probably move 9 (indiscernible) store late April or May, and 10 probably start construction in June. 11 UNIDENTIFIED MALE VOICE: Of this year? 12 MR. HARDY: Yes, this year. 13 UNIDENTIFIED MALE VOICE: I have a question in 14 regards to landscaping north of the driveway. 15 MR. HARDY: North of the driveway. 16 UNIDENTIFIED MALE VOICE: You've got -- that's 17 the right one for now. 18 MR. HARDY: This one. North of the driveway. 19 UNIDENTIFIED MALE VOICE: No, the driveway 20 that's coming -- the driveway that's coming out 21 here and going in here. 22 MR. HARDY: Okay. So through here. 23 UNIDENTIFIED MALE VOICE: So what are you 24 going to do? You're going to flatten all this out 25 and then what? 29 1 MR. HARDY: We're going to flatten out, build 2 the road- I don't-think-we've really had any 3 conversation of what that (indiscernible) is. We 4 won't plan it to the gas station requirements. 5 There's different -- there's different requirements 6 for gas stations versus retail use. It will not be 7 a gas station on lot 3. We're on lot 4. 8 UNIDENTIFIED MALE VOICE: Right. 9 MR. HARDY: So it will have to meet the 10 landscaping requirements of whatever the final use 11 is. 12 UNIDENTIFIED MALE VOICE: So how many years 13 could that be before its actually (indiscernible)? 14 MR. HARDY: It could be anywhere -- 18 months. 15 But if that is a concern, we could probably look 16 into putting in some type of buffer to shield just 17 the view of that road. 18 UNIDENTIFIED MALE VOICE: Maybe temporarily 19 until you finally get a clear indication what 20 you're -- 21 MR. HARDY: Yeah. I mean, we -- we'll get to 22 some type of base landscaping. I really don't want 23 to -- you really don't want to put in something 24 that's going to be torn out. 25 UNIDENTIFIED MALE VOICE: But you don't want 30 1 it to run wild either. 2 - MR:--HARDY: No. - 3 UNIDENTIFIED MALE VOICE: For two years. 4 MR. HARDY: No. That's one thing that -- I'm 5 glad you brought it up. We take great pride -- I 6 mean, we're building this type of store and this 7 quality of store. We want it to look good, 8 landscaping. We're not going to build it and walk 9 away. 10 UNIDENTIFIED MALE VOICE: The landscaping 11 around the building looks lovely. 12 MR. HARDY: Yeah. 13 UNIDENTIFIED MALE VOICE: It' s just that the 14 driveway appears to be naked, and I was just 15 wondering what you might -- 16 MR. HARDY: Yeah, we'll -- that's a good 17 question. 18 UNIDENTIFIED FEMALE VOICE: Build a hedge. 19 MR. HARDY: Yeah, some type of (indiscernible) 20 or something like that (indiscernible) . 21 UNIDENTIFIED MALE VOICE: You have no sign on 22 Rattlesnake? 23 MR. HARDY: No sign on Rattlesnake. 24 UNIDENTIFIED MALE VOICE: So people -- you're 25 counting on local people knowing where you are. 1 31 1 MR. HARDY: Yes, sir. That's right. 2 UNIDENTIFIED MALE VOICE: You may have found a 3 whole market -- 4 UNIDENTIFIED FEMALE VOICE: I'm sorry. If you 5 drive to the corner, you're going to see them. 6 MR. HARDY: That's a great (indiscernible) . 7 I'm not (indiscernible) PUD zoning (indiscernible) 8 POD use does not allow (indiscernible) a sign. 9 Now, you will note that those -- those -- 10 you've seen the (indiscernible) . 11 UNIDENTIFIED FEMALE VOICE: Yes. 12 MR. HARDY: We will get a RaceTrac slot there. 13 UNIDENTIFIED FEMALE VOICE: Okay. So it will 14 be there. 15 MR. HARDY: Yeah. 16 UNIDENTIFIED FEMALE VOICE: That's on 17 Rattlesnake. 18 MR. HARDY: But the price -- our price won't 19 be on that (indiscernible) . 20 UNIDENTIFIED FEMALE VOICE: So if that's on 21 Rattlesnake, so it will say there's a gas station. 22 UNIDENTIFIED MALE VOICE: Where would the 23 monument -- where would the monument be on 24 Rattlesnake -- 25 UNIDENTIFIED MALE VOICE: (Indiscernible) . 32 1 UNIDENTIFIED MALE VOICE: At all? It's just 2 the monument sign there. 3 MR. HARDY: Yeah, just the monument sign here. 4 Now, we have -- 5 UNIDENTIFIED FEMALE VOICE: There's a monument 6 sign on Rattlesnake. 7 MR. HARDY: Well, there's -- yeah, there's two B existing signs for the Sierra Meadows -- 9 UNIDENTIFIED FEMALE VOICE: Yeah. 10 MR. HARDY: -- development, crossings. And we 11 will get a small slot on that, that says RaceTrac, 12 but it won't be the price of gas, but I told my 13 local land use attorney, we always try to be the 14 cheapest gas in town. He always (indiscernible) 15 what he sees (indiscernible) just a tad bit. So I 16 hope you (indiscernible) the cheapest gas in town. 17 UNIDENTIFIED FEMALE VOICE: So just keep these 18 prices. 19 UNIDENTIFIED MALE VOICE: (Indiscernible) . 20 MR. HARDY: Today, I probably can. 21 UNIDENTIFIED MALE VOICE: You're not as cheap 22 as Costco. You're always a few pennies higher than 23 Costco. 24 MR. HARDY: If I could just come up with a 25 membership. 33 1 UNIDENTIFIED MALE VOICE: Well -- 2 --MR. HARDY: -Our rewards program, that has been 3 some of the (indiscernible) . 4 Any other questions? Yes, sir? 5 UNIDENTIFIED MALE VOICE: On your signs, your 6 price sign, is that single side and parallel to 7 Collier or perpendicular to Collier, double side? 8 MR. HARDY: That is perpendicular to Collier, 9 so you'll be able to see -- 10 UNIDENTIFIED MALE VOICE: So it's double 11 sided? 12 MR. HARDY: -- it both northbound and 13 southbound on Collier. 14 UNIDENTIFIED MALE VOICE: On your signs on the 15 overheads? 16 MR. HARDY: Yes, sir. 17 UNIDENTIFIED MALE VOICE: So you're asking for 18 larger than normal? 19 MR. HARDY: So presently -- 20 UNIDENTIFIED MALE VOICE: Are these -- are 21 they proportional to these figures? 22 MR. HARDY: Yes. So you see those right 23 there, they're the same size that you saw down at 24 Manatee. So Manatee, I did get the variance that 25 were asking for, the waiver that we're asking for 34 1 tonight. We did get the same waiver at Manatee, 2 and that's a 50--square foot sign- on front, but it's 3 -- to your point, it's proportional to the length 4 of the canopy. And then we asked for 30 -- I think 5 37, but we installed 30 on the sides, and all it 6 is, it's a proportionality conversation, the lenth 7 of the canopy. So -- 8 UNIDENTIFIED FEMALE VOICE: So the only way, 9 on Rattlesnake, to reach you, after they make a 10 turn from Collier, let's say they make a left-hand 11 turn, they have to go down to -- past Publix. 12 MR. HARDY: Yes. 13 UNIDENTIFIED FEMALE VOICE: To where Sierra 14 Grand is and make a U-turn there? 15 MR. HARDY: No. There's -- there's a -- into 16 Sierra, there is a second (indiscernible) . There 17 is a second one. 18 UNIDENTIFIED FEMALE VOICE: Okay. So they 19 would turn on the first one? 20 MR. HARDY: Well, if you're driving down 21 Rattlesnake, you'll turn in the second one and 22 either do a U-turn there or more than likely you 23 will turn into Sierra Meadows -- 24 UNIDENTIFIED FEMALE VOICE: That's what I'm 25 saying. 35 1 MR. HARDY: -- come down Sierra Meadows and into the site here. - 3 UNIDENTIFIED FEMALE VOICE: Yeah, so that's 4 going to cause a lot more traffic. 5 MR. HARDY: And hopefully, as you learn the 6 patterns, everybody -- everybody becomes a creature 7 of habit once -- they will come down here and do 8 this movement here. 9 UNIDENTIFIED MALE VOICE: What are your hours 10 of operation and how does -- are you open 24 hours? 11 MR. HARDY: Yes, sir. 12 UNIDENTIFIED MALE VOICE: Oh, you are? So the 13 lighting is on at 3:00 in the morning. 14 Do you -- do you moderate the lighting at 15 any -- 16 MR. HARDY: Yeah, it's tempered. We never 17 turn them off, the lights, but -- 18 UNIDENTIFIED MALE VOICE: So at 3:00 in the 19 morning, is it as bright as it would be at nine at 20 night? 21 MR. HARDY: It has the capability to be 22 dimmed. So that's a great question. I've never 23 been asked if -- but I'm telling you that the 24 lighting requirements and the recess requirements, 25 you won't see exposed bulbs. It's more of a glow. 36 1 UNIDENTIFIED MALE VOICE: How many people are 2 staffing the store from hour to hour or during the 3 day? 4 MR. HARDY: So we're going to employ -- at 5 each store, we employ 25 to 30 people across three 6 different shifts. The larger shifts during the 7 day, you have five to six employees. At night, you 8 always have two, if not three. 9 We do a lot of our housekeeping -- the reason 10 we maintain such a -- 11 UNIDENTIFIED MALE VOICE: Is this -- are these 12 stores a magnet, possibly, for any kind of 13 robberies or violent crime because they're open 24 14 hours? What's your experience? 15 MR. HARDY: My always response to that is 16 we're always a reflection of the communities that 17 we build in. So I'm not too worried about this 18 community. I'm not -- I can't sit here and 19 guarantee you that we'll never have an incident at 20 this store, but we have 19 security cameras on 21 site, both inside the building and outside the 22 building. We play up the stereotype of building 23 relationships with cops that let them come in and 24 we'll give them coffee and doughnuts on the house. 25 UNIDENTIFIED FEMALE VOICE: That's illegal. 37 1 UNIDENTIFIED MALE VOICE: Will we see litter 2 on the premises and around the premises? 3 MR. HARDY: I'm not (indiscernible) doughnuts 4 and coffee. 5 UNIDENTIFIED MALE VOICE: Policing litter. 6 MR. HARDY: Policing litter, that's -- that 7 fifth and sixth employee during the day goes around 8 and picks up. You'll see guys sweeping the parking 9 lot all hours of the day, keeping litter and all 10 that -- you -- you'll be proud of us 11 (indiscernible) . I know I will. John will, too. 12 Anything else? 13 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 14 MR. HARDY: They pay for the doughnuts, ma'am. 15 UNIDENTIFIED FEMALE VOICE: Is there any 16 drainage, like retention pond or anything? 17 MR. HARDY: So Sierra Meadows has its own 18 master system (indiscernible) . We're connected to 19 that and drain to there. So you will not see a 20 pond or anything out front. 21 UNIDENTIFIED FEMALE VOICE: Okay. 22 MR. HARDY: Or anywhere around our building. 23 UNIDENTIFIED FEMALE VOICE: No 24 (indiscernible) . 25 MR. HARDY: You won't have (indiscernible) . 38 1 No, no (indiscernible) . 2 UNIDENTIFIED FEMALE VOICE: We've taken from 3 our golf course (indiscernible) . 4 MR. HARDY: Oh, yeah? 5 UNIDENTIFIED FEMALE VOICE: How long from -- 6 you said you'd probably begin construction in June. 7 About how long before you'd finish. 8 MR. HARDY: So, usually, we build these in 120 9 to 150 days. 10 UNIDENTIFIED FEMALE VOICE: Wow. 11 MR. HARDY: So if we start in June, we'd like 12 to give you all a merry Christmas present, a grand 13 opening, our opening before Christmas. 14 UNIDENTIFIED MALE VOICE: Selling beer and 15 wine? 16 MR. HARDY: Yes, sir. We love to sell wine. 17 (Indiscernible) just -- 18 UNIDENTIFIED MALE VOICE: Just beer? 19 MR. HARDY: Well, maybe wine. 20 UNIDENTIFIED MALE VOICE: (Indiscernible) . 21 MR. HARDY: (Indiscernible) . I'm outside the 22 store, but I think -- yes, we do sell beer. 23 UNIDENTIFIED MALE VOICE: I know you sell 24 beer. 25 MR. HARDY: And if we're allowed to, we sell 39 1 wine. 2 UNIDENT-IFIED FEMALE VO-ICE: What other kinds 3 of products do you have in your store? 4 MR. HARDY: Coffee, I mean, there's all -- the 5 expanded fresh coffee and crazy good coffee is our 6 slogan. We have that frozen yogurt. I do advise 7 you, if you happen to visit the Airport-Pulling 8 site, that is the product, that store, inside there 9 is what we're giving you here. 10 Manatee will be open in two or three weeks, 11 which is the business down there, but we have six 12 -- no, eight yogurt dispensers that have strawberry 13 banana, so if Sara Beth was in here, my daughter, 14 she could tell you all the flavors. It would be 15 French vanilla, milk chocolate, strawberry banana, 16 raspberry -- 17 UNIDENTIFIED FEMALE VOICE: And then the 18 typical -- 19 MR. HARDY: -- cheesecake, all that. Then we 20 have the roller grill items that -- Nathan's hot 21 dogs, all types of roller grill hot items there. 22 Then we have the whole healthy food sections 23 that -- salads, fresh fruits, fresh sandwiches 24 daily. 25 UNIDENTIFIED MALE VOICE: But not a deli 40 i counter? 2 MR.. HARDY: Not a deli counter that you go up 3 and say I'll take -- some of our competition does 4 that. 5 Yes, sir? 6 UNIDENTIFIED MALE VOICE: Have you got all the 7 toppings for the ice cream? 8 MR. HARDY: Oh, yes. We've got crushed Oreos, 9 M&Ms. 10 UNIDENTIFIED MALE VOICE: You can't list them ii all. 12 MR. HARDY: Yeah. There's -- yeah, there's 13 unlimited combinations, but fresh fruit there you 14 put on your yogurt. Expanded beverage, so any soft 15 drink, fountain drink, frozen drink, some of the 16 best milk shakes you can make, all the standard 17 convenience store stuff, but we do have the coffee, is the yogurt, the hot -- the healthy foods, the hot 19 grill items and the beer (indiscernible) that is a 20 step up from the competition. 21 UNIDENTIFIED MALE VOICE: Do you have 22 management in Naples other than the owner who lives 23 in Port Royal? Do you have -- do you have 24 management in Naples? If we had concerns about how 25 things are working out there or maybe the 41 1 landscaping has deteriorated? 2 MR. HARDY: Your manager is plugged in. Ricky 3 Henderson over here at Airport-Pulling, takes the 4 utmost pride. Their -- 5 UNIDENTIFIED MALE VOICE: So the store manager 6 is -- 7 MR. HARDY: Yeah. If you have an issue, you 8 go to the store manager. If not, I mean, there are 9 -- we have a -- we have -- Frank is the area 10 manager and he' s local. I'm not going to say he's 11 in Collier County. 12 UNIDENTIFIED MALE VOICE: So there is an area 13 manager greater than Collier? 14 MR. HARDY: Yeah, yeah, that you don't -- you 15 don't have to make a phone call to Atlanta to get 16 something done. You go to the store manager, he'll 17 get the issue solved for you. 18 UNIDENTIFIED MALE VOICE: Is Atlanta your 19 corporate headquarters? 20 MR. HARDY: Yes, sir. (Indiscernible) that' s 21 where I flew down from, yes, sir. 22 UNIDENTIFIED FEMALE VOICE: Did you bring the 23 cold with you? 24 MR. HARDY: Yes, ma'am, I did pack it. I 25 realize (indiscernible) short sleeves. 42 1 UNIDENTIFIED MALE VOICE: Take it back with 2 you, too. 3 MR. HARDY: I brought the cold weather with 4 me. 5 UNIDENTIFIED MALE VOICE: Take it back with 6 you, too. 7 MR. HARDY: Take it back with me. 8 UNIDENTIFIED FEMALE VOICE: If there's no more 9 questions about the actual site and site plan, do 10 you want to close the meeting? 11 MR. HARDY: Yeah. Is there anything else 12 about the building, site plan, the deviations, any 13 questions? 14 UNIDENTIFIED MALE VOICE: How many more signs 15 in the front window are there other than the open 16 sign on that one small window to the 17 (indiscernible) ? 18 MR. H.ARDY: So the rest of the windows will 19 adhere to the Collier County standards, that each 20 pane, you can't have more than 25 percent of that 21 window covered by a sign. 22 So we'll have that yogurt -- the variance that 23 were asking for (indiscernible) . 24 UNIDENTIFIED MALE VOICE: Will you sell 25 lottery tickets, too, and that kind of thing? AM 43 xT 1 MR. HARDY: Yes, we do. Yes, we do, 2 Powerbali, Mega--Millions, scratch-offs. 3 Any other questions besides that, we'll close 4 the meeting. Wrap up the minutes. 5 Appreciate you all being here. I'll stay up 6 here and answer any questions you may have. 7 (Recording concluded.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 44 1 STATE OF FLORIDA 2 COUNTY OF COLLIER 3 4 I, Joyce B. Howell, do hereby certify that: 5 1. The foregoing pages numbered 1 through 43 6 contain a full, true and correct transcript of 7 proceedings in the above-entitled matter, transcribed 8 by me to the best of my knowledge and ability from a 9 digital audio recording. 10 2. I am not counsel for, related to, or ii employed by any of the parties in the above-entitled 12 cause. 13 3. I am not financially or otherwise 14 interested in the outcome of this case. 15 16 SIGNED AND CERTIFIED: 17 18 Date: February 26, 2015 Joyce B. Howell 19 20 21 22 23 24 25