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CCPC Agenda 05/07/2015 COLLIER COUNTY PLANNING COMMISSION MEETING AGENDA MAY 7, 2015 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, MAY 7, 2015, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER,THIRD FLOOR, 3299 TAMIAMI TRAIL EAST,NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES—April 2, 2015 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS 9. ADVERTISED PUBLIC HEARINGS A. PUDZ-PL20140000393: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established 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 from a Rural Agricultural Zoning District (A), and a Rural Agricultural Zoning District with an ST Overlay (A-ST), to a Residential Planned Unit Development (RPUD) Zoning District to allow up to 61 dwelling units for a project to be known as the Lido Isles RPUD on property located on the east side of Collier Boulevard at 9130 and 9198 Collier Boulevard in Section 11, Township 50 1 South, Range 26 East, Collier County, Florida consisting of 24.32+ acres; and by providing an effective date. [Coordinator: Nancy Gundlach,AICP,RLA, Principal Planner] B. PL20140001282 / CPSS-2014-2: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element and Future Land Use Map and Map Series by revising the Livingston/Pine Ridge Commercial Infill Subdistrict to add new and used car sales uses up to 60,000 square feet as an alternative to general and medical uses on the southern 10 acres of the subdistrict's northwest quadrant. The subject property is located at the northwest corner of Pine Ridge Road (CR 896) and Livingston Road intersection in Section 12, Township 49 South, Range 26 East; and furthermore, recommending transmittal of the amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. [Coordinator: David C. Weeks, AICP,Growth Management Manager] [Companion to PUDZ-PL20140001326] C. Petition PUDZ-20140001326: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established 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 from the Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for a 10.47+ acre parcel to be known as the Germain Honda CPUD to allow construction of an automotive sales facility with associated repair services, up to 60,000 square feet of gross floor area, on property located at the northwest corner of the intersection of Pine Ridge Road and Livingston Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida; providing for repeal of Resolution No. 94-584,a conditional use for a retail nursery;and providing an effective date. [Coordinator: Mike Sawyer, Project Manager] D. PUDZ-PL20130002588: An Ordinance of the Board of County Commissioners of Collier County,Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code which established the comprehensive zoning regulations for 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 from a Residential (RSF-3) and Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project known as Argo Manatee RPUD to allow development of up to 225 single family and/or multi-family dwelling units on property located south and adjacent to U.S. 41 and Manatee Road in Section 11, Township 51 South, Range 26 East, Collier County, Florida, consisting of 75.3±- acres; and by providing an effective date. [Coordinator: Fred Reischl,AICP,Principal Planner] E. An ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County land development code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Five — Supplemental Standards, including section 5.05.05 Automobile Service Stations, more specifically, to provide site design standards for automobile service stations in order to address compatibility with residential property, section 5.05.08 Architectural and Site Design Standards, section 5.05.11 Carwashes Abutting Residential Zoning Districts; Section Three, Conflict and Severability; Section Four, Inclusion in the Collier County Land Development Code; and Section Five, Effective Date. [Caroline Cilek, AICP, LDC Manager] 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT 2 13. ADJOURN CCPC Agenda/Ray Bellows/jmp 3 AGENDA ITEM 9-A S&9yY STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MAY 7,2015 SUBJECT: PETITION PUDZ-PL20140000393, LIDO ISLES RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) APPLICANT/OWNER: AGENT: Marco Island Group, LLC Mr. Robert J. Mulhere,FAICP 206 Dudley Road Director of Planning Wilton,CT 06897 Hole Montes, Inc. 950 Encore Way CONTRACT PURCHASER: Naples,FL 34110 Lord's Way 30, LLC David E. Torres,Manager 7742 Alico Road Fort Myers, FL 33192 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission(CCPC) consider changing the zoning classification of a property from a Rural Agricultural Zoning District (A), and a Rural Agricultural Zoning District with an ST Overlay (A-ST), to a Residential Planned Unit Development (RPUD)Zoning District to allow up to 61 dwelling units for a project to be known as the Lido Isles RPUD. GEOGRAPHIC LOCATION: The 24.32± acre subject property is located on the east side of Collier Boulevard (CR 951) at 9130 and 9198 Collier Boulevard approximately one mile north of Rattlesnake-Hammock Road(CR 864), adjacent to Willow Run PUD to the north and east, in Section 11, Township 50 South, Range 26 East, Collier County, Florida. (See the Location Map on the following page.) LIDO ISLES RPUD,PUDZ-PL20140000393 APRIL 21,2015 Page 1 of 17 art l . lir 4 t GGATE i�.. or. x/ I I CITY " AAx N.WlME. 1 xx 7=1,... a x wean i Ia:r na MPUUD g / I RPUD mn 0000 34 r PI ftWi; Itr":.:vg"1- ..- - ji .F......uea<wmw 817E i' _ ...-■ m.eoxw.a./ ~� JL, _ _ LOCATION u a w..now au A:: —. PROJECT RPUD �.............:.:: •::; 'IF 1 LOCATION �: p €;:i_ :i;:;:i,::;:,,.::...,: LAP fis1000400.1.0M0 .�. L 1/ I�uWM • 1 M� i � . 71 ti ALL W 11 '� r/ pIr ' FA.) I '.WUxM N rt�rngxx¢ n..nc ww ��I = _.. C PUD MINT . n @ 3:1 T..` ua .�31 r v L+J 1 to 10010•10 WM .m. .....n.,..o./ WOO.wa g ma ,,. mV... er.wn A n i s a a xo c— .w uio een/r au MPUD., .101100 VMS Mr re0/0.01011■01•3 LOCATION M A P PETITION #PUDZ-PL-2014-393 ZONING M A P • 1�=--�--11 A •-__--1T------ 20lEQ RPIA(Vlliow Ruff) '-- - u ! fi � I; -- . I q } ;■ YP TYPE,r SUPPER jj - __ �----T f }E _.--.— 1 ZONED:RF'iJD (Willow Run) j I I _ TRACT R TRACT R Y j I I I (ResldeMieD °[j i I OPEN SPACE }' I •,•. • OPEN SPACE REQUIRED ■ 60% - 14.6 AC.t j d°i i OPEN SPACE PROVIDED-(14.6 Ac. MIN.) i} _ _ I .., TRACT ROW (Right-of-Way) I ,I NATIVE VEGETATION PRESERVATION •• I I 1„ EXISTING NATIVE VEGETATION - 18.92 AC.i P '' j '•' I MINIMUM PRESERVATION REQUIRED(25%) A.4.73 AC.± it L-s0'TYPE 9••• •-• COWER mum 1e IJE MINIMUM PRESERVATION PROVIDED ■ 5.01 AC.* 5 }I I 1..�. TRACT R wraa �I } :II I (R (Residential) "1O°�1°N a ma*\_.-J II MAX. DENSITY I. 81 DWELLING UNITS I i _ i ! (1.5 D.U./ACRE BASE DENSITY+ 1.0 D.U./ACRE i }';I I 20 LMe --__ 1!i' it MRS FROM SENDING LANDS=2.5 D.U./ACRE) i1 }! I •-• •'•' ... - ' jEASEMENT ' LAND USE SUMMARY ' Ri£]:F E I• 1Tyr DESCRIPTION AREA(Ac.) PERQ '1 } :TRACT P TRACT L (Luke).___ f.84 6.7% j O).1, ,C•= I �' (Preserve) TRACF P (ProtNt-o-...__-._2.2B 20.E% "• }} } 5.01 AC.s _ 11 I TRACT ROW(R sId l-of-Wvy)__9 34 0.3 S I e }} i ��!� CT �(Red.taQ..____9.34 384% If ENf R--.-3.34 13.7 R } I III I .OWNER OPEN SPACE.._, —2.73 112% i RO•r ue I�TYR A I TOTAL 24.32 100.0% i I 111 I TRACT R 11 WIPP" '(IM PRESERVE BUFFER.LAZE MAINTENANCE EASEMENT) j II •:-.%"..f (ReafdentlaU J I I I ' • --- 1JO�TIOS,PIAN IS CONCEPTUAL IN NATURE AND IS SUBJECT (V }i j j ��j TO MINOR MODIFICATION DUE TO AGENCY PERMITTING II i} } TRACT ROW (Right- L0.Uf, REQUIREMENTS. 'r} j �i}^' 2 ALL ACREAGES,EXCEPT PRESERVE MFRS,ARE Tv} TRACT R [I APPROXIMATE AND SUBJECT TO MODIFICATION AT THE•}I ri'i I TRACT 11 THE E Of SDP OR PLAT APPROVAL.IN ACCORDANCE WITH q TYPE•A• - 3. TRACT P,PRESERVE,WHERE IT IS DENSE ENOUGH TO PROVIDE EQUNALEM BUFFERING,MAY COUNT TOWARDS ZONED:A- (Agf7afAlfre) MINIMUM BUFFERING REQUIREMENTS. g ZONED: A-ST 4. THE LOCATION OF TIE EASTERN 10'LANDSCAPE BUFFER (Agriculture Special EASEMENT(LBE)IS SHOWN CONCEPTUALLY ON THE $ Treatment Overlay) MASTER PLAN WITHIN AN FPL EASEMENT. AT TINE OF SDP,A LETTER OF NO OBJECTION FROM FPL SHALL BE S OBTAINED BY OWNER OR DEVELOPER. IF SUCH APPROVAL CANNOT BE OBTAINED, LBE'S SHALL BE RELOCATED OUTSIDE OF ANY UTILITY EASEMENTS. IKIED ay: LIDO ISLES 5. DEVIATIONS TO WC REQUIREMENTS ARE LISTED IN 1 Him CONCEPTUAL R.P.U.D. MASTER PLAN EXHIBIT'E'. _- _ awn.eeam 13099PU01 4786-1 '1=47 EXHIBIT C RESIDED: 1/6/15 2013.098 EXHIBIT C E PURPOSE/DESCRIPTION OF PROJECT: 1 The petition seeks to rezone 24.32+ acres of vacant, undeveloped land zoned Rural Agricultural (A) and Rural Agricultural (A) with an ST Overlay (A-ST) to Residential Planned Unit Development (RPUD). The PUD - proposes the development of no more than 61 single-family detached, single-family attached, two-family and single-family zero lot line, townhouse and multi-family residential dwelling units with a density of 2.5 dwelling units per acre. The single-family buildings are a maximum of two stories and will have a maximum zoned height of 35 feet and a maximum actual height of 42 feet. The multi-family buildings will be a maximum of four stories and will have a maximum zoned height of 42 feet and a maximum actual height of 57 feet. Ingress/egress is proposed from Collier Boulevard via a pending agreement to utilize the access road easement that serves the Willow Run RPUD. (Please see Attachment D: Roadway Interconnection Agreement and Cost Sharing Agreement.) The Master Plan provided on the previous pages of this Staff Report depicts the areas of residential and community amenity development, preserve, water management, and traffic circulation. The Master Plan depicts a 15-foot wide utility easement within a 170-foot wide FPL easement along the eastern property line and an adjacent raw water production well to the west. A pump station is depicted in the southwest portion of the subject site. The Master Plan also shows that 1.64 acres will be lake area, 5.01 acres will be a preserve, 2.26 acres will be right-of-way, 9.34 acres will be residential and amenity area, 3.34 acres are an FPL easement and 2.73 acres will be "other open space."The Master Plan meets the open space requirement of 60 percent. Landscape buffering requirements are met by a 20-foot wide Type D right-of-way Landscape Buffer adjacent to Collier Boulevard (CR 951) and adjacent to the shared access road easement along the Willow Run PUD property to the north. Along the FPL easement to the east and the Agriculture zoned property to the south, a 10-foot wide Type A Landscape Buffer is proposed. SURROUNDING LAND USE AND ZONING: North: An existing access road within the Will Run RPUD, a recently approved 599± acre PUD ir with a density of 1.01 units per acre. East: Willow Run RPUD, a recently approved 599±acre PUD with a density of 1.01 units per =: acre. South: A partially developed property with a vacant restaurant in the northwest corner of the site with a zoning designation of Rural Agricultural Zoning District(A)and a Rural Agricultural Zoning District with an ST Overlay(A-ST) West: 100-foot wide Henderson Creek Canal right-of-way,then Collier Boulevard(CR 951)and then 155.3 acre Homes of Islandia RPUD, with a density of 0.18 dwelling units per acre LIDO ISLES RPUD,PUDZ-PL20140000393 APRIL 21,2015 Page 4 of 17 j+ 'i.... •1 §, ."7. ' '-'14'" c -' a '�"*L• _ iRLU. 4 Subject Site ''' t 4� ;_ : ,.„.. , .:, , 1. ... ., . _ , , . .41 , ...,„...... . . .. „.. , . , _ . . .. , 11- ' .. 1 ''' . .j '- ■ k 1 [T 0 , `' ay. hr Y t.' of 1 .lei Jai.6TATi+32. r T VW .1, f _.i a...- ..-. AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban, Urban Mixed Use District,Urban Residential Fringe Subdistrict, as depicted on the Future Land Use Map(FLUM) and in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). This Subdistrict allows residential development at a maximum density of 1.5 dwelling units per acre (DU/A) - except that an additional 1 DU/A is allowed via use of TDR (transfer of development rights) credits —and other uses generally allowed in the Urban designation, including recreation and open space uses. Redemption into Urban Areas occurs per Land Development Code (LDC) Section 2.03.07.D.4.d.i.a.vi: One (1) dwelling unit per acre shall be derived from Rural Fringe Mixed Use (RFMU) sending lands and redeemed at Site Development Plan (SDP) or prior to Plat recordation. Subsequent plats/re-plats for this development need to include a"TDR Calculation" sheet in order to track TDR usage on the project. Generally,this means, LIDO ISLES RPUD,PUDZ-PL20140000393 APRIL 21,2015 Page 5 of 17 For SDPs: At time of application, documentation that the developer has acquired all TDR credits needed for that portion of the development that is the subject of the site development plan will be required with application submission. Provide the Completed TDR Transfer and Redemption Applications for the necessary number of TDRs required are submitted and TDR credits are redeemed. If part of a larger development being developed in phases, an allocation sheet is necessary to track the chronological assignment of base density and TDR Credits with respect to each individual plat, plan or project. Provide the necessary individual TDR certificate tracking numbers as an exhibit to the application. For Plats: At the time of application, documentation that the developer has acquired all TDR credits needed for that portion of the development that is the subject of the final plat will be required with application submission. Provide the Completed TDR Transfer and Redemption Applications for the necessary number of TDRs required are submitted and TDR credits are redeemed, If part of a larger development being developed in phases, an allocation sheet is necessary to track the chronological assignment of base density and TDR Credits with respect to each individual plat, plan or project. Provide the necessary individual TDR certificate tracking numbers as an exhibit to the application. The Urban Residential Fringe Subdistrict states: "All rezones are encouraged to be in the form of a planned unit development. Proposed development in the Subdistrict shall be fully responsible for all necessary water management improvements, including the routing of all on-site and appropriate off- site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal/out-fall system made necessary by new development in the Subdistrict." This project is submitted as a PUD; Comprehensive Planning staff defers to Engineering Plans Review staff for water management review. Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. Comprehensive Planning leaves this determination to the Zoning Services staff as part of their review of the petition in its entirety. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and 1 redevelopment projects,where applicable. Each policy is followed by staff analysis [in bold text]. I Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County,the following policies shall be implemented for new development and redevelopment projects,where applicable. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [This Policy will be implemented by the present proposal. Application materials depict indirect access to Collier Boulevard (CR 951), classified as an arterial road in the Transportation Element, with interconnection to the Willow Run development adjacent to the north.] LIDO ISLES RPUD,PUDZ-PL20140000393 APRIL 21,2015 Page 6 of 17 Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [This Policy will be not implemented by the present proposal.Application materials do not depict a loop road; but rather a single, lengthy dead-end street. Exhibit E, List of Requested Deviations, requests relief from the prohibition on a cul-de-sac in excess of 1,000 feet. As no other means of access is depicted on Exhibit C, all parcels within the PUD will have their only internal access to this one street.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [This Policy will be not implemented by the present proposal. Application materials do not depict vehicular or non-vehicular interconnection with adjoining neighborhoods or developments other than the single vehicular access through Willow Run.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [This Policy will be implemented by the present proposal. With regard to walkable communities, application Exhibit E,List of Requested Deviations,no. 5,provides that sidewalks will be provided on both sides of local streets except "where the street is adjacent to the FPL easement and the Collier County raw water production well. Comprehensive Planning staff does not object to this specific deviation request. With regard to a blend of densities and a range of housing prices and types, the application proposes single-family, two-family (with 1,800 sq. ft. and 4,000 sq. ft. minimum floor areas, respectively) and multi-family units (with 10,000 sq. ft. per building minimum floor areas.) Regarding common open spaces, the amount of open space required and provided is ±14.6 acres. With regard to civic facilities, none are specifically proposed but typical community uses such as a clubhouse are allowed,which are sometimes used for civic purposes,e.g.polling place.] Transportation Element: Transportation Planning staff recommends that the CCPC not approve the subject PUD as it is not consistent with Policy 9.3 of the Transportation Element,which requires interconnection where feasible. However, transportation Planning Staff could recommend approval subject to the following condition: 1. An interconnection point to the Agriculture zoned parcel to the south shall be provided. Conservation and Coastal Management Element(CCME): Environmental Planning staff found this project to be consistent with the Conservation and Coastal Management Element (CCME). A minimum of 4.73 acres of native vegetation are required to be retained for the PUD. Based on the above analysis, Comprehensive Planning staff finds the proposed rezone inconsistent with the Future Land Use Element(FLUE)of the Growth Management Plan(GMP). LIDO ISLES RPUD,PUDZ-PL20140000393 APRIL 21,2015 Page 7 of 17 e ANALYSIS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Planning staff has reviewed the petition and the PUD document to address environmental concerns. The preserve within the PUD meets the selection criteria in the LDC and GMP, and was selected to retain the highest quality wetlands, along with adjoining mature pine flatwoods to the north, to form a contiguous preserve on the west side of the project. Aside from the 4.62 acre parcel immediately to the south, surrounding lands are all slated for development within existing PUDs, so connection to off-site preserves is not possible. Listed and protected species documented on the project site are Florida panther and black bear. The project does not require Environmental Advisory Council (EAC) review, since it does not meet the EAC scope of land development project reviews identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. Transportation Review: Transportation Planning staff has reviewed this petition and has found that currently there is no legal access provided to the subject site according to the Master Plan. Transportation staff has also found that Transportation commitment 1.B which states: "No SDP or other development order authorizing site improvements shall be granted until evidence of legal access (an executed shared access agreement for vehicular access) to CR 951 is provided" to be unacceptable. It does not constitute a commitment on behalf of the applicant. Transportation staff recommends approval subject to the following condition: 1. A shared access agreement for vehicular access shall be executed with the Willow Run PUD prior to the approval of the subject PUD. Utility Review: The Utilities Department staff has reviewed the petition and has requested locations for the water connections. The primary water connection is located at the southwest corner of the property and a stub-out for a second feed will be provided at the entry road to Lido Isles. This has been made a commitment, see Exhibit F, "List of Developer Commitments." Emergency Management Review: The Emergency Management staff has reviewed the petition and has stated that the proposed project will have little impact. Collier County Public Schools (CCPS) District Review: CCPS staff has reviewed the petition and has stated that at this time there is sufficient capacity for the proposed development within the LIDO ISLES RPUD,PUDZ-PL20140000393 APRIL 21,2015 Page 8 of 17 middle and high school concurrency service areas. There is not sufficient capacity within the elementary school concurrency service area. This finding is for planning and informational purposes only and does not constitute either a determination of capacity or concurrency for the proposed project. At the time of Site Development Plan or Plat, the development will be reviewed for concurrency to ensure there is capacity either within the concurrency service area that the development is located within or adjacent concurrency service areas such that the level of service standards are not exceeded. At this time there is capacity in an adjacent concurrency service area. Zoning and Land Development Review: As previously stated, 61 single-family detached, single- family attached, two-family and single-family zero lot line, townhouse and multi-family residential dwelling units along with accessory uses such as a clubhouse are proposed on the subject property. The PUD Master Plan, aerial photograph, and the surrounding zoning discussion, depict that the subject site will be separated from Collier Boulevard by a 100-foot wide canal, a 20-foot wide Type D landscape buffer and an approximately 240-foot wide preserve area. To the north, the subject site is separated from Willow Run RPUD by a 20-foot wide Type D landscape buffer. To the east, the subject site is separated from Willow Run RPUD by a 170-foot wide Florida Power and Light(FPL) easement. Within the FPL easement the developer proposes a 10-foot wide Type A landscape buffer. To the south, the subject site is separated from the mostly undeveloped property by a 10-foot wide Type A landscape buffer. The PUD Development Standards Table (Exhibit B) proposes a minimum front yard setback that is 20 feet, with an allowance of 23 feet for driveway parking. The proposed minimum side yard setbacks are 0 to 15 feet, with a building separation distance of 10 to 20 feet. The proposed minimum rear yard setback is 10 feet. The proposed building height is 2 to 4 stories, the maximum zoned height is 35 to 50 feet and the actual height is 42 to 57 feet. Accessory uses such as swimming pools propose 20-23-foot front yard setback, a 0 to 15-foot side yard setback and a 5 foot rear yard setback. The proposed maximum zoned height is the same as the principal structure. In addition, Exhibit A includes specific standards for community recreational facilities. The proposed minimum front yard setback is 25 feet. The proposed minimum side yard setback is 20 feet. The proposed minimum rear yard setback is 15 feet. The proposed maximum zoned height is 25 to 35 feet and the actual height is 35 to 42 feet. The petitioner is seeking 4 Deviations related to right-of-way width, drainage easement width, culs- de-sac length, and sidewalk location requirements. For further discussion of the Deviations, see the Deviation section of the Staff Report. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the LIDO ISLES RPUD,PUDZ-PL20140000393 APRIL 21,2015 Page 9 of 17 ii ib Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below: Rezone findings are designated as RZ and PUD findings are designated as PUD. (Staffs responses to these criteria are provided in non-bold font): fi. 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. li The Comprehensive Planning Division has indicated that the proposed PUD amendment is not consistent with all applicable elements of the Growth Management Plan (GMP). However, staff could recommend approval subject to the following condition: An interconnection point to the Agriculture zoned parcel to the south shall be provided. 2. The existing land use pattern. IS: As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as residential lands. The land uses proposed in this PUD petition should not create incompatibility issues. { 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3 above. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The growth and development trends, changing market conditions, specifically the development of the site with residences, and the development of the surrounding area, support the proposed PUD. This site is located within an area of development with a mixture of mostly residential land uses. The proposed PUD rezoning is appropriate, as limited in the PUD document and the PUD Master Plan based on its compatibility with adjacent land uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed change, subject to the proposed list of uses and property development regulations and the proposed Development Commitments detailed in Exhibit F, should not adversely impact living conditions in the area. LIDO ISLES RPUD,PUDZ-PL20140000393 APRIL 21,2015 Page 10 of 17 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development,or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time subject to the Transportation Commitments contained in Exhibit F of the RPUD ordinance. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not seriously reduce light and air to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD amendment will not adversely impact property values. However, zoning by itself may or may not affect values, since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Some of the property surrounding the subject site is partially developed. The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed PUD amendment does not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be developed within existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD amendment is not out of scale with the needs of the neighborhood or county. LIDO ISLES RPUD,PUDZ-PL20140000393 APRIL 21,2015 Page 11 of 17 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require site alteration and these residential sites will undergo evaluation relative to all federal, state, and local development regulations during the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that the developer has provided appropriate commitments so that the impacts of the Level ti of Service will be minimized. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health,safety and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Subsection 1O.O2.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The nearby area is developed or is approved for development of a similar nature. The petitioner will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. In addition, the commitments included in PUD Exhibit F adequately address the impacts from the proposed development. LIDO ISLES RPUD,PUDZ-PL20140000393 APRIL 21,2015 Page 12 of 17 1 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed,particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property and roadway access to the subject site. Additionally, the development will be required to gain platting and/or site development plan approval. Both processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 1 As described in the Analysis Section of this staff report, staff is of the opinion that the proposed uses, development standards and developer commitments will help ensure that this project is compatible with the surrounding area. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed development must seek concurrency at the time of next Development Order (Site Development Plan and/or Plat)submittal. 7. The ability of the subject property and of surrounding areas to accommodate expansion. If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property does have the ability to support expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. LIDO ISLES RPUD,PUDZ-PL20140000393 APRIL 21,2015 Page 13 of 17 The petitioner is seeking 4 deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06 A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes that the 4 deviations proposed can be supported, finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that "the elements may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviations are `justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Please refer to the Deviation Discussion below for a more extensive examination of the deviations. Deviation Discussion: The petitioner is seeking 4 deviations from general LDC requirements and has provided justification in support of the deviations. Staff has analyzed the deviation requests and provides the analysis and recommendations below: Deviation # 1 seeks relief from LDC Section 6.06.01, "Private Roadway Width," which requires a minimum right-of-way width of 60 feet for local street rights-of-way, to allow for a minimum 42- foot right-of-way width internal to the proposed development. Petitioner's Rationale: The applicant states that the justification for this deviation is a 42-foot right- of-way will be sufficient for the scale of the proposed development and will provide an adequate cross-section to meet ingress/egress, drainage, and utilities requirements while maintaining public safety. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that"the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation # 2 seeks relief from LDC Section 6.01.0213.2, "Drainage Easements," which requires, where underground drainage structures are installed,that an easement shall be no less than 15 feet in width, to allow for an easement along side lot lines that is no less than 10 feet in width for storm drainage pipes less than 24"in diameter and with an invert no more than 6 feet below finished grade. All installations will follow OSHA and ACPA Standards. This does not apply to drainage easements over which Collier County holds or will hold maintenance rights. All drainage easements proposed to be less than 15 feet shall be maintained only by the developer, its successor or assigns, and shall not be transferred or conveyed to the County for ownership or maintenance. Petitioner's Rationale: The applicant states that the justification for this deviation is that piping of smaller diameter and shallow burial depth can be adequately maintained within a 10-foot-wide easement provided all installations follow OSHA and ACPA Standards. This deviation has been previously granted. LIDO ISLES RPUD,PUDZ-PL20140000393 APRIL 21,2015 Page 14 of 17 Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that"the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation # 3 seeks relief from LDC Section 6.06.01.J, "Street System Requirements," which prohibits culs-de-sac in excess of 1,000 feet,to allow the cul-de-sac in excess of 1,000 feet as shown on the RPUD Master Plan. Petitioner's Rationale: The applicant states that the justification for this deviation is that the project must still comply with the Fire Code and that a turnaround, sufficient for the turn radius of emergency vehicles, is being provided. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.1, the petitioner has demonstrated that"the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation # 4 seeks relief from LDC Section 6.06.02.A.1, "Sidewalks, Bike Lane and Pathway Requirements," which requires sidewalks on both sides of the street, to allow a single five (5) foot- wide sidewalk on only one side of a street where the street is adjacent to the FPL easement and the Collier County raw water production well. Petitioner's Rationale: The applicant states that the justification for this deviation is that there are lots on one side of the street only at this location, so that pedestrian access to all lots will be adequately accommodated without loss of connectivity. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends approval finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that"the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): The agent/applicant duly noticed and held the required NIM on December 3, 2014. For further information,please see Attachment B:NIM Summary. LIDO ISLES RPUD,PUDZ-PL20140000393 APRIL 21,2015 Page 15 of 17 1 1 i COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Petition PUDZ-PL20140000393, revised on April 20,2015. s I RECOMMENDATION: 1 1 Planning and Zoning Review staff recommends that the Collier County Planning Commission forward Petition PUDZ-PL20140000393 to the Board of County Commissioners with a i recommendation of approval subject to the following conditions: 1. An interconnection point to the Agriculture zoned parcel to the south shall be provided. I 2. A shared access agreement for vehicular access shall be executed with the Willow Run PUD prior to the approval of the subject PUD. Attachments: 1 Attachment A: Proposed PUD Ordinance Attachment B: NIM Summary Attachment C: Lido Isles Density Map Attachment D: Roadway Interconnection Agreement and Cost Sharing Agreement. I 4 4 5 i 3 II d g S I I t t i i 3 1 1 3 F i LIDO ISLES RPUD,PUDZ-PL20140000393 APRIL 21,2015 i Page 16 of 17 i PREPARED BY: ■ L1L..�i k ,iI G, i _137_2615 NANCY (� D A H,AICP,PLA DATE PRINCIP' 'L' ER ZONING DIVISION REVIEWED BY: K nef--- --- 4 . 1t. /5 RAYM D V'BELLOWS,ZONING MANAGER DATE ZONIN DIVISION MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION APPROVED BY: i//.2 74S°- A S F NCH,DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT / / ~ 4 Y. 2-7--ir IC ASALAN A, UTY LINTY MANANGER DATE GROWTH MANAGEMENT DEPARTMENT LIDO ISLES RPUD,PUDZ-PL20140000393 APRIL 21,2015 Page 17 of 17 rul ORDINANCE NO. 15- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED 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 FROM A RURAL AGRICULTURAL ZONING DISTRICT (A), AND A RURAL AGRICULTURAL ZONING DISTRICT WITH AN ST OVERLAY (A-ST), TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW UP TO 61 DWELLING UNITS FOR A PROJECT TO BE KNOWN AS THE LIDO ISLES RPUD ON PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD AT 9130 AND 9198 COLLIER BOULEVARD IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 24.32* ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ- PL201400003931 WHEREAS, Robert J. Mulhere, FAICP of Hole Montes, Inc. representing Marco Island Group LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Section 11, Township 50 South,Range 26 East,Collier County, Florida is changed from a Rural Agricultural Zoning District (A), and a Rural Agricultural Zoning District with an ST Overlay (A-ST), to a Residential Planned Unit Development (RPUD) Zoning District for a 24.321 acre parcel to be known as the Lido Isles RPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State, [14-CPS-01369/1 1 53776/1]67 Lido Isles RPUD-PUDZ-PL20140000393 Page 1 of 2 Rev,2/17/15 Attachment A I l L3 PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County,Florida,this day of ,2015. I I I ATTEST BOARD OF COUNTY COMMISSIONERS I DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA 1 By: By: Deputy Clerk TIM NANCE,Chairman 3 3 E a Approved as to form and legality: 1 I 1 Heidi Ashton-Cicko Managing Assistant County Attorney g g i Attachments: Exhibit A— Permitted Uses Exhibit B--- 1 Standards 3 Exhibit C—Master Plan Exhibit C-1—R-O-W Section Exhibit D—Legal Description f Exhibit E—List of Requested Deviations 1 Exhibit F--List of Developer Commitments l I i i I I 133 i $ 1 I 1 F F a 1 I I I 1 1 6 1 [14-CPS-0136911153776/1)67 Lido Isles RPUD-PUDZ-PL20140000393 Page 2 of 2 Rev.2/17/15 I i 1 EXHIBIT A LIDO ISLES RPUD PERMITTED USES MAXIMUM DWELLING UNITS The maximum dwelling units shall be sixty-one(61)provided that 24 of the maximum 61 units are obtained through a transfer of development rights in accordance with the requirements set forth in the LDC and GMP(Growth Management Plan). 2. GENERAL A. Community recreation, clubhouse, indoor and outdoor fitness facilities (spa), dining facilities, community administration, maintenance buildings, recreational amenities and other similar uses designed for use by all residents and guests shall be permitted uses throughout the R designated areas of the PUD. Development Standards: Front Yard Setback: 25' Side Yard Setback: 20'except where adjacent to preserve. Rear Yard Setback: 15'except where adjacent to preserve. Waterbody Setback: 0'from lake maintenance easement or bulkhead Preserve Setback: 25' PUD Boundary Setback: Equal to required width of perimeter landscape buffers FPL Easement Setback: 0' Height: Clubhouse(s): Zoned: 35' Actual: 42' Other uses: Zoned: 25' Actual: 35' All pole lighting shall be limited to flat panel fixtures. Where a setback is required,any lighting fixture placed within: (a) 50 feet of the external boundary shall be limited to 15 feet in height; (b) 30 feet of the external boundary shall utilize full cut-off shields. B. Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape, passive parks and access control structures shall have no required setback, except as listed below, and are permitted throughout the"R"designated areas of the PUD. Maximum Height for Guardhouses/Gatehouses: Zoned: 25' Actual: 30' Page 1of10 H:\2013\2013099\WP\PUD Rezone13rd Resubmittal\2-16-15\Lido Isles RPUD(PUDZ-PL-20140000393X2-16-2015).doex Amosimmemmumom PUD Boundary Setback: 10', except fences or walls shall have no setback, except that which is required in order to provide landscaping on the exterior side of the wall. 3. RESIDENTIAL/TRACT R No building or structure, or part thereof, shall be erected, altered or used, in whole or in part,for other than the following: A. Principal Uses: 1. Single-family detached dwelling units. 2. Single-family attached dwelling units. 3. Two-family and single-family zero lot line dwelling units. 4. Townhouse and multi-family dwelling units. 5. Any other principal use, which is comparable in nature with the foregoing listed of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA")or the Hearing Examiner("HEX"), as applicable, by the process outlined in the Land Development Code("LDC"), B. Accessory Uses: 1. Accessory uses and structures customarily associated with principal residential uses permitted in this RPUD, including recreational facilities, such as swimming pools and screen enclosures. 2. 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, subject to the procedures for a temporary use permit provided in the Land Development Code. 4. PRESERVE/TRACT P No building or structure, or part thereof, shall be erected, altered, or used,or land used, in whole or in part,for other than the following: A. Principal Uses: 1. Preservation of native habitat. B. Accessory Uses: 1. Storm water management structures. Page 2 of 10 H 120I3\2013099\WP\PUD Rezone\3rd Resubmittei12-16-I511ido Isles RPUD(PUDZ-PL-20 I 40000393x2-]6-20 IS)docx 2. Pervious and impervious pathways and boardwalks, consistent with the LDC. 3; Shelters without walls. 4. Educational signage and bulletin boards located on or immediately adjacent to the pathway. 5. Benches for seating. 6. Viewing platforms. 7. Conservation-related and recreational activities comparable in nature with the aforementioned uses, as determined by the County Manager or designee. • Page 3ofI0 H:\2013\2013099\WP\PUD Rezone\3rd Resubmittal\2-l6-151Lido isles RPUD(PUDZ-PL-20140000393)(2.16-2015).docx E 1 , 1 1 EXHIBIT B LIDO ISLES RPUD The Table below sets forth the development standards for land uses within the Lido Isles RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code in effect as of the date of approval of the Site Development Plan or Subdivision Plat. t DEVELOPMENT STANDARDS TABLE PERIMETER PUD SETBACK:The perimeter PUD setback shall be,at a minimum,equal to the required width of perimeter landscape buffers. PLATTED RESIDENTIAL OR AMENITY CENTER LOTS:__ - DEVELOPMENT SINGLE-FAMILY SINGLE-FAMILY TWO-FAMILY& ( TOWNHOUSE or a STANDARDS DETACHED ATTACHED SINGLE-FAMILY E MULTI- ZERO LOT LINE 1 FAMILY I% 1 � PRINCIPAL STRUCTURES 1 I MINIMUM LOT AREA 4.800 S.F.PER 1,800 4,000 � 10 000 UNIT S.F.PER UNIT S.F.PER UNIT S.F,PER BLDG, 0 ii MINIMUM LOT WIDTH 40 FEET- 30 FEET 40 FEET N/A MINIMUM FLOOR AREA 1,200 S.F 1,200 S.F PER 1,200 S.F.PER 1,000 S.F.PER UNIT UNIT UNIT MINIMUM FRONT YARDI' 20 FEET 20 FEET 20 FEET 20 FEET MINIMUM SIDE YARD 5 FEET 0 OR 5 FEET3 0 OR 5 FEET3 0 or 15 FEET MINIMUM REAR YARDa 10 FEET 10 FEET 10 FEET 10 FEET I MINIMUM PRESERVE 25 FEET 25 FEET 25 FEET 25 FEET SETBACK MINIMUM DISTANCE 10 FEET 10 FEET 10 FEET' 20 FEET BETWEEN STRUCTURES MAXIMUM BUILDING 2 STORIES NTE 35 2 STORIES NTE 35 2 STORIES NTE 35 4 STORIES NTE 50 1 HEIGHT-ZONED FEET FEET FEET FEET 1. 1 MAXIMUM BUILDING 92 FEET I T 92 FEET 42 FEET 57 FEET HEIGHT-ACTUAL ACCESSORY STRUCTURES S, MINIMUM FRONT'YARD SPS SPS SPS l 23 FEET 1 MINIMUM SIDE YARD SPS SPS SPS I SPS ,- I MINIMUM REAR YARD.' 5 FEET 5 FEET' 5 FEET 5 FEET 1 1 PRESERVE SETBACK 10 FEET 10 FEET 10 FEET - -"I0 FEET I MAXIMUM HEIGHT S.P.S. S.P.S. S.P.S. S.P.S. LZONED&ACTUAL NTE=Not to Exceed;S.P.S.=Same as Principal Structures;BLDG,=Building:S.F.=Square Feet:N/A=Not Applicable General:Except as provided lhr herein,all criteria set forth in Exhibit B below shall be understood to he in relation to individual parcel or lot boundary lines or between structures.Condominium and/or homeowners'association boundaries shall not be utilized for determining development standards. I Footnotes: I Where a utility easement encroaches farther into a yard than the allowable setback,the minimum required setback shall be increased to the extent of the utility easement encroachment. 2 Lots fronting on two streets shall provide a full front yard setback along the street with the shorter frontage,and a minimum 10' front t yard setback along the other street frontage.Front entry garages shall be at least 23 feet from back of sidewalk.Where side entry garages are provided,the driveway shall be designed in such a manner so that a parked vehicle shall not conflict with the sidewalk;however,in no I ease shall the front setback be less than l0'for side entry garages, 3 5' minimum side setbacks for single-family attached, two-family and single-family zero lot line must be accompanied by another 5' g minimum side setback on adjoining lot to achieve minimum 10'separation, "Zero feet if adjacent to a landscape buffer or lake maintenance tract,Landscape buffers and lake maintenance easements shall be platted as separate tracts at time of subdivision plat approval. 1. Page 4of10 t H t2013\20130941W1'lPUD Rezonel3rd Resubmittal12-16-151Lida Isles RPUD(PUD7.-PL-2014(10(10343x2-16-2015).docx i t N Y i ---.... ZONE*WOO EVA low RIM) A y _ , IT 1 II 1-�__ I 20'VYPG 9 euFFVe �_ - _ "c I i t,i I i° e i 1 I I �sv irP�a eisPw t t q 111 i , ZCt RPUD<wllo W R TRACT R P.I. - EER SPACE_ RI: 0 I I 0 m.-BOX-14.8 AC.t•` :: I ` .. e.� I OPEN SPACE.PROVIDED•• 14.5 As..MIN.) I 1, ` _ rr NA7f111E YEGET 7IDN P2E4F1NL N. .... TRACT ROW fF -0, 11 " R I .� .. - ,.. /�+ I flfI 1V *MTh% 11 - 11,71.AC.* t 1 1 iv O ua j: 4MNlW PRESERVATION REQUIRED(Z7%) -4.73 AC.! 1 _11 I 11. to tvP -Q . I IMNQNAI PRESERVATION.PROVIDED -5.01 ac:t • L i 1 e'. 1 . . - (RMidanNsO nmv:41°'ot ` a if MAX.I IY 1 DDWELU G UNCS D I I a ' tDRB FR I; SEN LANDS'-z5 o.u.JiC < II l .' '' i I !..I �... • . .. ; EwseMEiPlr IWM• .Qf`olenFeti LePL TAe\. ➢CC[•1 '1 1. TRACT P (L:aki) a Aos I-11RrC�t (tak.) --„-7 64 0.7 ir lr ' la.1' \\I r] j (P ..-'JA1 20.6 iTL� 1 P tt •• I 601 A1>fi I , rYal)=.:3.26 9:7 z C i I - •�� I, TRACT��R y(Nwf�nUoF) - 3is i ' 1 I - `.. �� i' :00:0PE?I SPICE-.._._x:...7:13 1>�7i.f ..` TPil•M 24.32 100.0 X (,.E II TRACT P ( RF3ERVE BUTTER.uKF M BYEMANCE FAB&iEI f) r I ! I 'T (Residential) Il 111 � .. .,� ' 1 _. I f nm Puv CONCEPTUAL IN NATURE AND rs•ti 1 I`' I -:! •know (RlQkticl-waY)- I1_^ ,j , To MINOR NOOIRCATION DUE TO AGENCY PERMRn � 1 ( I T . 1 _ .. .. ux j REQUIREMENTS. T �.' I] I -,l I I 2. ALL ACREAGES.EXCEPT PRESERVE ARRAS,ARE 11 T t j 1 Ins+► TRACT R + I AFPROUMA'IE AND SUEUECT'TT MOOi1GRM1 AT TIE I I I { { i =--.I-,,=„ 03..kmmim) tii- 1 n E iDC.SOP-011 PLAT APPROVAL IN ACWRDANCE WRI - I IT , 1i - _ I C I{� I ]D":TYli K M-- .. _ , -. ' 3. TRACT P:PRESERVE.NT WHERE IT rs DENSE ENOTRae,o i -E ( I , - - �) Zorn A..E�diloldwlJ MINIMUM BUFFERING REQIIMOIE$15 couNr TOa11RD4: I ZONED:A-ST 4. THE AS LOCATION(Le)I THE SHOWN NTCON fO'IANDSCAPE swot (ApicuNLna 9Declel A MASTER.PLAN WITHIN MA FR.OsEMEM.rAt TIME OF TradtmerTt Overlay) I SOP.A LETTER OF NO OBJECTION FROM FPL SHALL BE S OBTAINED BY OWNER:OR DEVELOPER: IF SUCH L r�EEE'''�� ISLES APPROVAL CANNOT BE OBRIMfD,LEES-SHALL BE pppL LIEJO ISLES_ RELDOQf3)OUTSIDE OF MAY UnUIY EASEMENTS. 5. OERATIONS TO LDC.REQUIREMENTS ARE LISTED M I 111MI CONCEPTUAL R.P.U.D. MASTER PLAN EXHIBIT T. aolwa�9w. 15!21177.7,_, P ..c�.e,; .-.-nL EXHIBIT C "'-"" ..,.,.. .. -. smut 1/6/16 2013.092 EXHIBIT C 1111111111111111111111111011111111111/1W - • M 1 E iv '' 42'MIMM'1!M FROM_ 4.* S I A 3' s s ---]Q'----__ 10' 2` _3' 8 v 1 cuz I -�' I A ° � � a I SOD 1 50D y.4/,.✓time ` A <,.. \s.1v�i:., F 24'CONC.VALLEY CUTTER l:l C(IQ I 7.30' A rn G RATY� _/''� ELAI 'O SEIrt11�J d_ o° 1 1/2' A.C. WEARING COURSE © 12' STABILIZED SUBGRADE N r O 6' LIMEROCK BASE OD CONCRETE SIDEWALK. S (WHERE REQUIRED) 1 . TYPICAL ROAD SECTION 0 NOTE: ALL UNPAVED AREAS WITHIN ROW ARE TO BE SEEDED AND MULCHED (OR SODDED AS NOTED). 1 *IF REQUIRED FOR COUNTY UTILMES LIDO ISLES o°"`""° '"`° at.a `"4.7/14 9IA Ent 3Way �'�ALJ: 7114- mt23 2 -2000 13099ROW SK140722 Pn�nE1?'�'�{2D00 R.O.W. SECTION 7/14 HOLE MONTES F!r Gawk-0e 0f EXHIBIT C-1 2013.099 DWI NT C-1•N/A .aae..'i�rt ,.EL%Rk4 JSC�+'bii. wnlmrvalian N0.1775 EXHIBIT D LIDO ISLES RPUD LEGAL DESCRIPTION THE NORTH%2 OF THE NORTH %2 OF THE SOUTHWEST '/,OF THE SOUTHWEST '/ OF SECTION II, TOWNSHIP 50 SOUTH, RANGE 26 EAST, EXCEPT THE WEST 100 FEET THEREOF FOR ROADWAY PURPOSES, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. ti THE NORTH 'A OF THE NORTH %2 OF THE SOUTH %2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 'A OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA,LESS THE WEST 100 FEET FOR ROAD RIGHT-OF-WAY. THE SOUTH Y2 OF THE NORTH 'A OF THE SOUTHWEST'A OF THE SOUTHWEST'A OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST EXCEPT THE WESTERLY 100 FEET THEREOF FOR ROADWAY PURPOSES,COLLIER COUNTY,FLORIDA. Ji { pi Page 7of10 H:12013120I3099iWP1PUD Rezonel3rd Resubmittaj2-16-151Lido Isles RPUD(PUDZ-PL-20140000393x2-16-2015).docx z i I 3 1 EXHIBIT E l LIDO ISLES RPUD LIST OF REQUESTED DEVIATIONS FROM LDC 1 PRIVATE ROADWAY WIDTH a i I 1. Deviation No. 1 seeks relief from LDC Section 6.06.01, Private Roadway Width, which / i requires a 60-foot right-of-way width, to allow that the private roadway shall have a ' minimum 42-foot right-of-way width. DRAINAGE EASEMENT WIDTH 2. Deviation No. 2 seeks relief from LDC Section 6.01.02.B.2,Drainage Easements, which j requires, where underground drainage structures are installed, that an easement shall be I no less than 15 feet in width, to allow for an easement alongside lot lines that is no less 1 than 10 feet in width for storm drainage pipes less than 24"in diameter and with an invert no more than 6 feet below finished grade. All installations will follow OSHA and ACPA Standards.This does not apply to drainage easements over which Collier County holds or will hold maintenance rights. All drainage easements proposed to be less than 15 feet shall be maintained only by the developer, its successor or assigns, and shall not be transferred or conveyed to the County for ownership or maintenance. STREET SYSTEM REQUIREMENTS 3. Deviation No. 3 seeks relief from LDC Section 6.06.01.J, which prohibits culs-de-sac in excess of 1,000 feet, to allow the cul-de-sac in excess of 1,000 feet as shown on the 1 RPUD Master Plan, I SIDEWALKS 4. Deviation No. 4 seeks relief from LDC Section 6.06.02.A.1, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks on both sides of the street, to allow a single five (5)foot-wide sidewalk on only one side of a street where the street abuts the 1 FPL easement or the Collier County raw water production well. 1 1 i g 1 l 1 I 1 3 ) i T I 1 3 Page 8 of 10 H:12013120I30991WP\PIJD Rezone■3rd Resubmittall2-I6-151Lido Isles RPUD(PUDZ-PL20140000393X2.16.2015)docx 1 t l 1 - 1 1 I ' EXHIBIT F 'c LIDO ISLES RPUD 1 LIST OF DEVELOPER COMMITMENTS 1. TRANSPORTATION REQUIREMENTS jj A. The developer, his successor, or assign(s) shall bear a proportionate share responsibility toward the cost of creation or extension of any turn lanes in CR 951, as well as any future traffic signal (at such time as a signal may be warranted) or other median restrictions that serve the shared project entrance with the Willow Run RPUD. B. No Site Development Plan (SDP) or other development order authorizing site improvements shall be granted until evidence of legal access (an executed shared access agreement for vehicular access)to CR 951 is provided. 2. UTILITY REQUIREMENTS The primary water connection will be at a location at the southwest corner of the property; a stub-out for a second feed will be provided to the Willow Run RPUD at the entry road to the Lido Isles RPUD. 3. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the RPUD. At the time of this PUD approval, the Managing Entity is Lord's Way 30, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document, to be approved for legal sufficiency by the County Attorney. After such approval,the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to the County that includes an acknowledgement of the commitments required by the RPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section.When the RPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 4. PLANNING A. To achieve the maximum allowable density of 61 units, 24 TDR Credits are required to be severed and transferred to the RPUD. B. A density calculation and TDR Credit tracking sheet shall be submitted with each • Site Development Plan (SDP) and/or plat for the redemption of TDR Credits needed for the project. Page 9 of 10 I H.\2013013099\\VP\PUD Rczonel3rd Resubmittal12-16-15\Lido Isles RPUD(PUDZ-PL-20140000393x2-I6-2015)docx 1 5. ENVIRONMENTAL Tract"P"Preserve provides a 5.01±acre contiguous preserve area on the west side of the site. The on-site preserve area consists of 4.75± acres of existing native vegetation and O.26±acre of non-native habitat. The minimum required native vegetation preservation is 4.73± acres (25% of 18.921 acres of existing native vegetation). The Lido Isles RPUD shall preserve a minimum of 4.73±acres of native vegetation on-site. qqp� is I: Si Page 10 of 10 H:12013120130991WP\PUD Rezonel3rd Resubmittali2-16-151Lido Isles RPUD(PUDZ-PL-20140000393X2-16-2015)docx 3 NIM Summary Lido Isles RPUD PUD Rezone(PL-2014-0000393) December 3,2014 5:30 PM Collier County South Regional Library 8065 Lely Cultural Parkway,Naples Note: This is a summary of the NIM. A recording is also provided. Attendees: x On behalf of Applicant: Bob Mulhere,Rich Yovanovich,Paula McMichael County Staff: Nancy Gundlach 2 members of the public attended. Mr. Mulhere started the presentation by introducing himself, the other consultants, and County staff. He explained the NIM process, provided an overview of the project, and also went over the proposed PUD master plan, include location for development, stormwater lake,preserve, and project access. The two members of the public who attended identified themselves as representatives from Willow Run. The following questions were asked: {' It's one long road. Do you have a problem with the cul-de-sac? It requires a deviation. We do provide a turnaround. But we haven't gotten to site plan. [The cul- de-sac will be reviewed as part of the PPL process and has been designed to meet county standards for fire trucks.] Are you planning to do anything in the FPL easement? No. We do provide a landscape buffer within the easement. It will be our responsibility to replace the landscaping if they have to take it out for any reason. How are they going to do their signage? They share our access, and they only have a skinny little spot there.They have said they don't need the signage [at the access road and 951]. Signage has not been determined at this time. The PUD would allow signage at the corner of the project along 951. They will probably want temporary signage while the project is under Page 1 G:\CDES Planning Services\Current\Gundlach\PUD Rezones\Lido Isles RPUD PUDZ-PL2014-0393\NIM\NIM Summary 12-3-14(2).doc Attachment B development. The agreement with Willow Run allows signage adjacent to the pull-off into Lido Isles from the access road. There may be a project entry sign, close to northwest corner. Do they have to do off-site mitigation? No, nothing for county requirements (i.e. on-site native vegetation retention). The preserve provided on-site meets county standards. What about for the Corps?We've heard it's delaying the project. They might have to do some mitigation for the Corps. We've submitted the ERP. [The project engineer confirmed, following the meeting, that mitigation for the Corps is required. The applicant is still working out how this will be provided.] So it's 61 units? Yes,that's the maximum. The type of unit will be determined by a market analysis. [There was discussion regarding the location of Willow Run's access through Hacienda Lakes.There is no access or right-of-way for Willow Run through Lido Isles.] On the site plan you had a pump house? There is one existing (raw water production well) and one proposed (for the sanitary sewer for the development). [There was some discussion regarding noise and odor of the pumps. If operating correctly, noise and odor will be minimal and should not be bothersome. The new sanitary pump will be constructed per county standards. Willow Run is not adjacent to the new, proposed sanitary pump station serving the Lido Isles development.] What is the schedule? We are hoping to resubmit this week and anticipate this will be the last submittal. Public hearings would be in February/March at the earliest. How deep is the lake? 20' or the usual 12'. [The project engineer confirmed following the meeting that the lake is proposed to the maximum depth of 20'. There was some discussion regarding whether blasting could be used, given the proximity to the water production well. The applicant will have to go through the excavation permit process, which will approve, or disapprove, blasting as part of the lake excavation.] The meeting concluded at approximately 5:50 PM. A copy of this summary was sent to the attendees from the public. Page 2 G:\CDES Planning Services\Current\Gundlach\PUD Rezones\Lido Isles RPUD PUDZ-PL2014-0393\NIM\NIM Summary 12-3-14(2).docx I .1114.7;1 7 1� 1-rf.,.E. ,L1 , ,r• 'fir i ' 1 .fl -1 sr," L"NL• Y s 1 ,K•;C ) , t o - n `z ter. oli- f e>Radio RD• °. i' t 4 `� z- . _r' tie, '°4 w- �i 175 . -.T7,--rAgfirri_, . •‘• ..' 3..,:t •-.•t i, ,4ifri - —'t , 1co : �J 7 ='Fcres4 Glen,ui ao',es is 1c Cers y 1?9 --edar l-ar,,n n r i� .v.1-7.:, tN i"t;, G&C Dens t' , I Davis BLVD • ' Naples Herigage GA CC t.r'•L Density:1.42 ` it. . an Marino DUD ^, • ? t Naples NAT'L•GC Density:3.02 rtw Density:0.09 may, i 1 ..; t1ElI --� Homes of Islandia fI. ' - -I Density:0.18 f ► f Ili- > I 1.13.i. Y �- m � First Assy,rd Project Location: \ ,Napes Lakes CC Density,;4.e. Lido Isles RPUD Lord's We ° '' O f L Y Density:Ocrsity:2.6 `Rattlesnake Hammock RD, ♦,,.,, , ,, ,! Icrra Mostlows, i-lacienda�Lakes N +% 1 ,w>,i Dens..s,:4.95 ' Density:0.88 }'�,aw,+•,� ns3� } -3'4 r' �+�r G` . r Rockedge y- c Pt, Denetty:5.23 f t# r r*i a'Lely'Resort I = „;4.i.. Density:3.67 `, j 7 . t ea- fir ''. l _ t, 9A N ;,,o' i' ' ' Winding Cypress 1.11/4.,,V .- Density:1.49 "W �;; ► 0014` �,'* I 7 1 F j ( _. R. I I I. IIM ? �� I.II 'II '� - �.i �„ r I,. � • .. i GROSS DENSITY UNITS PER ACRE (UPA) 0 0.25—0.5 1 1.5 Mlles FOR LIDO ISLES RPUD AND SURROUNDING PROPERTIES Collier Cody Xv,7,Men p mem tk",t,f,menl ..r` Attachment C This instrument was prepared by and after recording return to: Sean M.Ellis,Esquire Roetzel&Andress,LPA 2320 First Street,Suite 1000 Fort Myers,Florida 33901 _— , _ .., ._--- -. .<_�_._ (�aee`al��i,�This line for recording data}. :. .....: ROADWAY INTERCONNECT EASEMENT AND COST SHARING AGREEMENT THIS ROADWAY EASEMENT AND COST SHARING AGREEMENT (this "Agreement")is made this day of , 2015, by Joseph D. Bonness, f/k/a Joseph D. Bonness,III, Margaret M. Kelly, and Maureen S. Bonness, all as Trustees of the WILLOW RUN LAND TRUST, and WINCHESTER LAKES CORPORATION, a Florida corporation (hereinafter collectively referred to as "Willow Run"), the grantor of the easement rights hereunder, and MARCO ISLAND GROUP, LLC, a Florida limited liability company ("Lido Isles"). Willow Run and Lido Isles are sometimes referred to herein as a "party", or together as "the parties." WHEREAS, Willow Run is the owner of that certain tract of real property more particularly described on Exhibit"A"attached hereto and incorporated herein (the "Willow Run Parcel"); and WHEREAS, Lido Isles is the owner of that certain tract of real property south of and immediately adjacent to the Willow Run Property, more particularly described on Exhibit `B" attached hereto and incorporated herein (the"Lido Isles Parcel"); and WHEREAS, the Willow Run Parcel may be developed as a residential community of approximately five hundred ninety residential units pursuant to Collier County Ordinance No. 14-35, RPUD PL20130000682(the"Willow Run RPUD"); and WHEREAS, the Willow Run Parcel has direct legal access to County Road 951 also known as Collier Boulevard, and pursuant to the Willow Run RPUD, Willow Run shall allow shared access to Collier Boulevard to any immediately adjacent property that is willing to pay its prorated share of the roadway infrastructure and related facilities (including but not limited to landscaping, lighting, utilities, and other facilities), continued maintenance thereof, and related costs including taxes assessments; and WHEREAS, the parties wish to establish certain non-exclusive access easements, for pedestrian and vehicular ingress and egress over and across a certain portion of the Willow Run Parcel to and from Collier Boulevard, and to set forth the respective cost sharing responsibilities 1 of the parties for the construction and maintenance of the necessary roadway infrastructure and related facilities; and , 9108751 3 1. Attachment D `a. WHEREAS, the easements, obligations to pay costs, and other rights and obligations imposed hereunder are mutually desired to: (i) constitute a covenant running with the land; and (ii)be binding upon Willow Run, Lido Isles and their respective successors and assigns. NOW THEREFORE, for good and valuable consideration, Willow Run and Lido Isles, for themselves and their respective successors and assigns, impose and place upon the Willow `Run Parcel andthe Lido-Isl'es lea ce7 the following: I. Grant of Roadway Interconnect Easements. 1.1 Easement No. 1. Willow Run hereby grants, gives and conveys to Lido Isles and its guests, tenants, employees, invitees, licensees, designees, and assigns a perpetual, nonexclusive easement for pedestrian and vehicular ingress and egress over and across that portion of the Willow Run Parcel more particularly described in Exhibit"C" attached hereto and made a part hereof("Easement Area No. 1"), appurtenant to and for the benefit of the Lido Isles Parcel for purposes of pedestrian and vehicular general use, ingress and egress to and from "Easement Area No. 2"(described below)and out to and in from Collier Boulevard. 1.2 Easement No. 2. Willow Run hereby grants, gives and conveys to Lido Isles and its guests, tenants, employees, invitees, licensees, designees, and assigns a perpetual, nonexclusive easement for pedestrian and vehicular ingress and egress over and across that portion of the Willow Run Parcel more particularly described in Exhibit"D"attached hereto and made a part hereof("Easement Area No. 2"), appurtenant to and for the benefit of the Lido Isles Parcel for purposes of pedestrian and vehicular general use, ingress and egress to and from "Easement Area No. 1" (described above) and out to and in from Collier Boulevard. Lido Isles shall further have the right to place limited signage within Easement Area No. 2, provided that such signage (i) is allowed under the Willow Run RPUD, (ii) complies with all applicable laws and ordinances of the City and the County, and (iii) receives the advance written approval of Willow Run. 1.3 Easement Area No. 1 and Easement Area No. 2 are collectively referred to as the "Roadway Interconnect Easement Area" which, upon becoming effective will provide the Lido Isles Parcel with shared access to and from Collier Boulevard. For purposes of this Agreement the Roadway Interconnect Easement is defined separately as Easement No. 1 and Easement No. 2 solely for the purpose of delineating certain cost sharing and maintenance responsibilities as further set forth herein. It is the intent of the parties that Easement Area No. 1 and Easement Area No. 2 shall otherwise be inseparable, in order to provide the Lido Isles Parcel _ with continuous access to and from Collier Boulevard as a single Roadway Interconnect Easement. 1.4 In the event that the Willow Run Parcel is divided into multiple parcels, then the Roadway Interconnect Easement Area may be deeded to the owner of any such subdivided parcel within the Willow Run Parcel or to any property owners association that may be formed by Willow Run in relation to any such subdivided parcels within the Willow Run ? Parcel, without the consent of any other owner within the Willow Run Parcel and without the Page 2 9108751_3 $1 33 consent of any owner of any property within the Lido Isles Parcel (and without the consent of any of their respective mortgagees). 1.5 Effective Date of Easements. The Roadway Interconnect Easements granted herein shall become effective and commence upon such time as construction of the "Roadway Improvements" (defined below) have been completed by the owner and developer. of the Willow Run Parcel, `as-evidenced'by of a certificate of occupancy. -by Collier • County. If prior to such date that the Roadway Interconnect Easements,become effective, Lido Isles requires access through the Willow Run Parcel to Collier Boulevard for the construction and development of the Lido Isles Parcel, then Willow Run will grant Lido Isles a temporary construction access easement, on terms mutually agreeable to the parties, including that Lido Isles shall bear all costs and responsibilities associated with its temporary use of such temporary construction access easement area. II. Prohibitions. 2.1 The unreasonable obstruction, in any way, of the Roadway Interconnect Easement Area is prohibited, including, but not limited to the construction of any walls, fences, gates or other improvements which would obstruct or block off access in the Roadway Interconnect Easement Area. Construction and maintenance activities shall be undertaken in a manner contemplated not to unreasonably interfere with the usage of the Roadway Interconnect Easement Area. 2.2 After construction of the Roadway Improvements, the Roadway Interconnect Easement Area shall not be closed without either, (i) Lido Isles being provided alternate access to the Lido Isles Parcel during the period of such closure, or(ii)the prior written consent of Lido Isles,which consent shall not be unreasonably withheld. III.. Indemnity. 3.1 Lido Isles shall be responsible at its sole cost and expense for obtaining requisite permits for, and the construction and installation of any improvements necessary to connect the roadways within the Lido Isles Parcel to the improvements constructed by Willow Run within Easement Area No. 2. Any such construction activities performed in Easement Area No 2 shall be performed in compliance with applicable laws, regulations, orders and ordinances of the City,county, state and federal government, or any department or agency thereof. 3.2 The owner(s) of the Lido Isles Parcel shall defend, indemnify and hold the owner(s) of the Willow Run Parcel harmless from all claims, losses, liabilities, actions, proceedings and costs (including reasonable attorneys' fees and costs of suit), including liens, and any accident injury or loss or damage whatsoever occurring to any person or to the property of any person arising out of or resulting from the negligence, or willful misconduct, of the Lido Isles Parcel owner, its guests, invitees, tenants, agents, employees, licenses or designees, in connection with any activities within, or use of,the Roadway Interconnect Easement Area. Page 3 9108751_3 IV. Construction and Maintenance. 4.1 Construction of the Roadway Improvements. The owner or successor owner of the Willow Run Parcel may apply for all necessary permits and construct all portions of the Roadway Interconnect Easement Area and surrounding appurtenant areas including without • limitation paver and/or asphalt road and bridge construction, land development, fill, grading, eiivironn erital mitigation, water management facilities, utility facilities, Collier Boulevard median improvements, turn lanes, and landscaping (the "Roadway Improvements"), at such time as may be desired by Willow Run and in accordance with the Willow Run PUD. Willow Run is hereby granted a right and temporary construction easement to enter upon the Lido Isles Parcel to the extent necessary to construct and complete the Roadway Improvements. Lido Isles agrees to cooperate promptly with Willow Run to the extent necessary to obtain required permits, easements, or amendments to this Agreement to complete construction of the Roadway Improvements. 4.2 Maintenance of Easement Area No. 1. Willow Run shall maintain Easement Area No. 1 and all portions of the Roadway Improvements within or appurtenant to Easement Area No. 1, including but not limited to the road (including asphalt and pavers), bridge, drainage facilities, lighting, Iandscaping, irrigation, water management system facilities, and related improvements (the"Shared Facilities"),in good condition and repair at all times. 4.3 Costs of Construction of Easement Area No. 2. Lido Isles shall be solely and fully responsible for all out-of-pocket costs reasonably incurred by Willow Run related to the permitting, construction, and installation of those Roadway Improvements located in Easement Area No. 2, payable within sixty (60) days of Lido Isles' receipt of written invoice from Willow Run. Willow Run shall provide Lido Isles with an invoice for such costs, along with such supporting documents used by Willow Run to compute the costs, and and Lido Isles shall have the right to review such costs in the same manner provided for Shared Costs under Section 5.2 below. 4.4 Maintenance of Easement Area No. 2. Lido Isles shall maintain at its sole cost and expense, Easement Area No. 2 and all Roadway Improvements within Easement Area No. 2 in good condition and repair at all times, and all maintenance, repairs and/or replacements, shall be performed promptly as the need arises, including, but not limited to, proper care and maintenance of all improvements within Easement Area No. 2. If Lido Isles fails to fulfill its responsibility for maintenance, repair or replacement hereunder, then Willow Run may give written notice of such failure, and if Lido Isles has not cured such failure within thirty (30) days of the written notice then Willow Run shall have the option (without waiving any other rights or remedies under Florida law) to perform such maintenance, repair or replacement on Lido Isles' behalf and Lido Isles shall reimburse Willow Run for all its costs incurred in correcting such failure, including reasonable attorney's fees and costs within thirty (30) days of Lido Isles' receipt of written invoice from Willow Run. Notwithstanding the foregoing, upon agreement by the parties, Lido Isles maintenance responsibilities may be assigned to Willow Run in the event it is jointly determined to be economically efficient or beneficial to conduct any maintenance or Page 4 9108751_3 repairs of the Roadway Interconnect Easement Area simultaneously and/or through use of the same vendor or contractor. V. Cost Sharing. 5.1 Proportionate Share. Lido Isles, its successors and assigns, shall be obligated fo pay Willow Rini its'"Proportionate Share" (defined below) of the"Shared Costs":-''Y which Shared Costs are defined as: a) all out-of-pocket costs reasonably incurred by Willow Run related to the engineering, permitting, mitigation, construction, and installation of those Roadway Improvements located in Easement Area No. 1, payable upon written invoice from Willow Run;and b) all out-of-pocket costs reasonably incurred by Willow Run for the operation, maintenance, repair, insurance, taxes, and replacement (including reserves for future replacement or deferred maintenance) of the Shared Facilities, determined on an annual basis and payable quarterly in advance. Lido Isles and Willow Run's respective percentage share of the Shared Costs shall be based upon a traffic study issued by an independent third party engaged by Willow Run, and reasonably approved by Lido Isles, which reasonably measures the respective road use of those using the Shared Facilities to obtain ingress to or egress from the respective Parcels (the "Proportionate Share"). Upon obtaining the traffic study the parties shall amend this Agreement to incorporate the actual Proportionate Share percentage. 5.2 Initial Shared Costs. At such time as Collier County, Florida issues a certificate of occupancy for the Roadway Improvements, Willow Run shall invoice Lido Isles' for its Proportionate Share of the Shared Costs under Section 5.1(a) above, and Lido Isles' Proportionate Share of the Shared Costs under Section 5.1(b) shall become due shall be prorated for that quarter and based upon the number of days remaining in that quarter. Lido Isles shall pay such initial Shared Costs within sixty (60) days after receipt of Willow Run's invoice for same, along with such supporting documents used by Willow Run to compute the Shared Costs. Within ten (10) days after receipt, Lido Isles shall present Willow Run with any written good faith objection to the Shared Costs. If Lido Isles presents such objection to the Shared Costs =' within such ten (10) days, and specifies the basis of such objection, then Lido Isles shall pay Willow Run the undisputed amount, if any, and Lido Isles and Willow Run shall work in good faith to agree upon the disputed Shared Costs. If Lido Isles and Willow Run are unable to agree upon the disputed Shared Costs within ten (10) days of Willow Run's receipt of the objection, then the parties shall attempt to resolve the dispute by submitting it to mediation, which mediation conference shall occur no later than thirty(30) days after Willow Run's receipt of the initial objection. The parties may mutually agree upon a mediator, or if unable to agree than Lido Isles shall provide Willow Run the names of three (3) Florida Supreme Court Certified Mediators in Collier County,Florida,and Willow Run shall select the mediator from those names. Lido Isles shall be responsible for the cost of the mediator and otherwise each party shall pay their separate Page 5 9108751_3 1 4 mediation costs. If the mediation results in an impasse, then the parties shall have the right to pursue all legal remedies. 5,3 Annual Shared Costs. Willow Run shall prepare an annual budget of the Shared Costs no later than November 30th of each year. If the annual budget has not been adopted at the time the first quarterly installment is due it shall he presumed that the amount of such. quarterly installment is the same as the last quarterly installment. Such amount shall be continued until the annual budget is adopted and pro rata Shared Costs are calculated, at which time any overage or shortage shall be added or subtracted from the next due quarterly installment. Except for the initial quarterly installment after completion of construction described in Section 5.2 above, Lido Isles shall pay quarterly installments, without demand, no later than the tenth (10th) day of each calendar quarter. Lido Isles shall not have the right to dispute the Shared Costs if they do not increase by more than five percent (5%) over the prior year's Shared Costs (exclusive of non-recurring capital costs). 5.4 Special Shared Costs. Willow Run shall have the authority to impose a special charge to meet unusual, unexpected, unbudgeted, or non-recurring Shared Costs (the "Shared Special Costs") related to the operation,maintenance,repair, insurance and replacement of the Shared Facilities. The percentage share of the Shared Special Costs allocated to Lido Isles shall be the same as its percentage share of the Shared Costs. Subsequent to adopting the Shared Special Costs, Lido Isles shall pay such Shared Special Costs within sixty(60) days after receipt of an invoice for the Shared Special Costs sent by Willow Run to Lido Isles, along with such supporting documents used by Willow Run to compute the Shared Special Costs. Lido Isles shall have-the right to review the same in the same manner provided for Shared Costs under Section 5.2 above. Notwithstanding the foregoing, Lido Isles shall not have the right to dispute the Shared Special Costs if the amount of the out-of-pocket costs reasonably incurred by Willow Run therefor does not exceed fifteen percent(15%) of the annual budgeted Shared Costs. 5.5 Shared Costs Surplus. In the event that in any year the budgeted Shared Costs exceed the actual Shared Costs, such excess funds shall be applied as a credit toward the amount of Shared Costs to be charged in the subsequent year. In addition, the annual budgeted Shared Costs shall be based upon any reasonably anticipated Shared Costs for that year and the actual Shared Costs for the preceding year. 5.6 Continuing Obligation; Failure to Pay. The obligation to pay the Shared Costs and Shared Special Costs shall be mandatory and shall be a separate and independent covenant on the part of Lido Isles. No diminution or abatement of the Shared Costs or Shared Special Costs or setoff shall be claimed or allowed by reason of any alleged failure of Willow Run to fulfill its obligations hereunder. The liability for the Shared Costs and Shared Special Costs may not be avoided or abated by waiver of the use or enjoyment of any property that is subject to this Agreement or by interruption in the availability of such property for any reason whatsoever. Failure by Lido Isles to timely pay any Shared Costs or any Shared Special Costs shall constitute a default under this Agreement. Shared Costs or Shared Special Costs not timely Page 6 9108751 3 paid shall bear interest at a rate of fifteen percent(15%)per annum,but not in excess of the highest rate allowed by law, calculated from the date due until paid. If any such bill is not paid within said twenty (20) days following written notice from Willow Run to Lido Isles that such amount is delinquent, then Willow Run may (i) record a claim of lien in the Public Records of Collier County, Florida against the Lido Isles Parcel in the amount of all such outstanding invoice(s) together with interest,thereon.-wbi h shall-Constitute-a.,li.en—On the .Lido. Isles_Parcel, unless.and until paid; (ii) bring legal action against the owner of the Lido Isles Parcel for all unpaid amounts; and (iii) Willow Run may, at Willow Run's option, foreclose any such lien described above in the same manner as a mortgage, and all interest, costs and reasonable attorney's fees incurred in any such action shall be added to the amount of any such lien, and shall be recoverable in the event that Willow Run prevails in any such action. Lido Isles expressly acknowledges that Willow Run has the right and power to bring all actions in law or equity for the collection of any such Proportionate Share of Shared Costs or Shared Special Costs, together with interest, costs and reasonable attorney's fees incurred in any such action, as a debt and to enforce that lien by all methods available for the enforcement of such liens, including foreclosures by an action brought in the same manner as a mortgage lien on real property. 5.7 Willow Run and Lido Isles agree that any lien placed on the Lido Isles Parcel arising from this Agreement is and shall be subordinate and junior to any first mortgage granted by any owner (as to its parcel) to any bank, trust company, insurance company or other recognized financial institution or institutional lender, whether such indebtedness is now existing or hereinafter incurred (such indebtedness being hereinafter referred to as "Senior Indebtedness"). This provision is expressly made for the benefit of,and to be relied upon by the holders-of the Senior Indebtedness. Any lien arising from this Agreement will be subordinate only to the extent the lien securing the Senior Indebtedness has been recorded prior to the recording of any such lien. 5.8 Traffic Signal. In the event the applicable governmental authority requires a traffic signal to be installed at the intersection of the Roadway Interconnect Easement Area and Collier Boulevard, the parties hereby covenant and agree that costs associated with such traffic signal shall be shared among the parties hereto, each party being responsible for its Proportionate Share. 5.9 Certificate. Upon request by Lido Isles, or any owner or mortgagee holding a mortgage encumbering the Lido Isles Parcel, or portion thereof, the Willow Run shall execute and deliver a written certificate as to whether or not Lido Isles is in default under this Agreement with respect to the payment of any Shared Costs or Special Shared Costs owed hereunder or otherwise. VI. San Marino Parcel. If at any time in the future the owner of that certain real property immediately adjacent to the Willow Run Parcel and currently known as"San Marino", should,pursuant to the terms of the Willow Run RPUD, desire shared access to Collier Boulevard via the Roadway Interconnect Easement Area, then the parties agree that this Agreement may be amended to add Page 7 9108751_3 i t t i the owner of such San Marino (or its governing property owners association) as a party to this Agreement, upon which (i) such owner and parcel shall make a proportionate contribution for the - Shared Costs described in Section 5.1(a), which shall be reimbursed to Willow Run and Lido - Isles pro rata in accordance with their respective Proportionate Shares, and (ii) such owner and parcel shall thereafter become responsible for a portion of the ensuing Shared Costs delineated in Section 5.1(b). In such instance_ ach,parties'-(inclhdi:ng* San Marinq)_Proportionate Share shall ' . be recalculated on the same traffic count basis set forth in Section 5.1. k VII. Miscellaneous. 7.1 Subject to Section 1.5 above, this Agreement shall become effective upon its recordation in the Public Records of Collier County,Florida. 1 7.2 Any notice, request, demand, instruction or other communication to be g given to any party hereunder shall be in writing and either hand delivered,delivered by overnight courier, or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: 1 t If to Willow Run: Willow Run Land Trust i Attn: Joseph D. Bonness E 9696 Bonita Beach Rd., Suite 101 I Bonita Springs, FL 34135 AND Winchester Lakes Corporation 1 Attn: Joseph D. Bonness t 9696 Bonita Beach Rd., Suite 101 f Bonita Springs, FL 34135 t If to Lido Isles: Marco Island Group, LLC c/o George P. Bauer fl 206 Dudley Road Wilton,CT 06897 f AND f Lord's Way 30, LLC do David E.Torres 1 7742 Alico Road Ft. Myers, FL 33912 t 1 Any notice demand, request or other communication shall be deemed to be given upon actual 1. receipt in the case of hand delivery, or delivery by overnight courier, or three (3) business days after depositing the same in a letter box or by other means placed within the possession of the 4 United States Postal Service, properly addressed to the party in accordance with the foregoing and with the proper amount of postage affixed thereto. For purposes of delivering and receiving 1. any notices, demands, requests or other communications under this Agreement,the attorneys for Willow Run may directly contact Lido Isles and the attorneys for Lido Isles may directly contact x Page 8 1 9108751 3 i Willow Run. The respective attorneys for both Willow Run and Lido Isles (now or hereafter included in this notice provision) are hereby expressly authorized to give and receive any notice, demand, request or to make any other communication pursuant to the terms of this Agreement on behalf of their respective clients. • The addressees and addresses for the.purpose of this Section may be changed by either_ party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. 7.3 This Agreement shall constitute a covenant running with the Willow Run Parcel and the Lido Isles Parcel, and shall be binding on the parties and their successors, successors in title and/or assigns, including any governing property owners association that is dedicated or transferred title to the Willow Run Parcel or the Lido Isles Parcel. Without limiting the generality of the foregoing, Lido Isles recognizes that the Willow Run Parcel, including the Roadway Improvements, may be developed by Willow Run's successor in title. Either of the parties may record an assignment of this Agreement to its respective successor or successors in title without the consent or approval of the other party, but such written assignment shall not be required as this Agreement constitutes a covenant running with the land. Upon any transfer of title to the Willow Run Parcel or the Lido Isles Parcel, with or without any such separate assignment instrument, the transferor shall be automatically relieved from all duties and obligations as to the performance of any covenants or agreements on the part of the transferring party to be performed or observed after such transfer. Notwithstanding the foregoing, Lido Isles may, by recorded written assignment, assign its obligations under this Agreement to a property owners association formed by Lido Isles to govern the affairs of a residential community now or in the future developed upon the Lido Isles Parcel. In the case of any such assignment, the assignee association shall be required to include Lido Isles' Proportionate Share as a common expense in its annual operating budget each year and said association, rather than any individual Lido Isles Parcel residential unit or residential unit owner, shall be responsible for the obligations of Lido Isles hereunder, and no Lido Isles Parcel residential unit or residential unit owner shall have liability or be subject to any lien in excess of the amount allocable to such residential unit or residential unit owner by such association, with the exception of(i) liability for breach of this Agreement caused by, or (ii) defense and indemnity obligations under Section 3.2 of this Agreement arising out of or resulting from the negligence or willful misconduct of, any such Lido Isles Parcel residential unit owner, its guests, invitees, tenants, agents, employees, licensees or designees, for which obligations the responsible Lido Isles Parcel residential unit owner shall remain solely responsible. 7.4 This Agreement shall be construed in accordance with Florida law (exclusive of choice of law rules) and shall not be amended, modified or terminated unless in writing executed by the parties and recorded in the Public Records of Collier County, Florida. Venue for any action arising hereunder shall lie exclusively in Collier County, Florida. Page 9 910875E 3 7.5 If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be declared invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, such term or provision shall be modified to the minimum extent necessary to make it or,its application valid..and.enforceable, and the validity and enforceability of all other.. provisions of this Agreement and all other applications of any such term or provision shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 7.6 In the event of default by a party hereto in its respective obligations hereunder, the non-defaulting party shall have (in addition to any other remedies which may be contained herein) all remedies available to it at law or in equity, including,without limitation,the right to specific performance and damages. Any owner(s) may enforce the provisions of this Agreement, and in the event of any legal proceedings or litigation resulting therefrom, the prevailing party or parties shall be entitled to recover all costs and reasonable attorneys' fees incurred in the action or proceeding (including those incurred at trial and appellate levels), in addition to any other relief to which it or they may be entitled. IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed by fully authorized signatories as of the date first written above. WITNESSES: LIDO ISLES: MARCO ISLAND GROUP, LLC, a Florida limited liability company Print Name: By: Print Name: Print Name: Its: STATE OF ) ) §: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by , as of Marco Island Group, LLC, a Florida limited liability company,who[ 1 is personally known to me OR[ ] has produced as identification, on behalf of said Notary Public SEAL Printed Name: Commission No. Expiration Date Page 10 9108751_3 } WITNESSES: WILLOW RUN: 51 Print Name: Joseph D. Bonness, f/k/a Joseph D. Bonness, III, .tea - as.a.Trustee of the Willow Run Land-Trust .. .: Print Name: STATE OF FLORIDA ) ) §: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by Joseph D. Bonness, f/k/a Joseph D. Bonness III, as a Trustee of the Willow Run Land Trust,who [ ] is personally known to me OR[_] has produced as identification,on behalf of said land trust. Notary Public SEAL Printed Name: Commission No. Expiration Date Page 11 9108751_3 WITNESSES: WILLOW RUN: Print Name: Margaret M. Kelly, as a Trustee of the Willow Run Land Trust Print Name: STATE OF FLORIDA ) ) §: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by Margaret M. Kelly, as a Trustee of the Willow Run Land Trust, who [ J is personally known to me OR has produced as identification,on behalf of said land trust. Notary Public SEAL Printed Name: Commission No. Expiration Date Z3j�} } } 1 Page 12 9108751_3 WITNESSES: WILLOW RUN: Print Name: Maureen S. Bonness, as a Trustee of the Willow Run Land Trust Print Name: STATE OF FLORIDA ) ) §: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20`,by Maureen S. Bonness, as a Trustee of the Willow Run Land Trust, who [ 1 is personally known to me OR[ ]has produced as identification,on behalf of said land trust. Notary Public SEAL Printed Name: Commission No. Expiration Date Page 13 9108751 3 WITNESSES: WILLOW RUN: WINCHESTER LAKES CORPORATION,a Florida corporation Print Name: - By: Print Name: Joseph D. Bonness(f/k/a Joseph D. Bonness, III),President STATE OF FLORIDA ) s ) §: COUNTY OF ) is The foregoing instrument was acknowledged before me this day of , 20 , by Joseph D. Bonness, (f/k/a Joseph D. Bonness, III) as President of the # Winchester Lakes Corporation, a Florida corporation, who [ ] is personally known to me OR [ 1 has produced as identification, on behalf of said corporation. Notary Public SEAL Printed Name: Commission No. Expiration Date iy } Page 14 9108751_3 EXHIBIT`A' Willow Run Parcel Legal Description of the Property The South %2 of the South %2 of the Northwest 1/4 of the Southwest '/ of Section 11,Township 50 South, Range 26 East, Less the West 100 feet thereof for road right-of-way; and The Northeast '/4 of the Southwest '/, and the Northwest '/4 of the Southeast %4 of Section 11, Township 50 South, Range 26 East; and The Northeast 1/4 of the Southeast '/of Section 11,Township 50 South,Range 26 East; and The Southeast 1/4 of the Southwest VI and the Southwest 1/4 of the Southeast 1/4, and the Southeast '/4 of the Southeast 1/4 of Section 11,Township 50 South, Range 26 East;and The Southeast 1/4 of the Northeast 1/4 of Section 11,Township 50 South, Range 26 East; and The Northeast 1/4 of the Northeast '/of Section 11,Township 50 South, Range 26 East; and The Southwest 1/4 of the Northwest Y4 of Section 12, Township 50 South, Range 26 East; and { The West V2 of the Southwest 1/4 of Section 12,Township 50 South,Range 26 East;and Northwest'/4 of the Northwest '/of Section 13,Township 50 South, Range 26 East; and The Northeast '/of the Northeast 1/4 of Section 14, Township 50 South,Range 26 East; and The Northeast '/4 of the Northwest 1/4 of the Northeast '/ of Section 14, Township 50 South, Range 26 East, all of Collier County, Florida. Being also described as: A TRACT OF LAND LYING IN SECTIONS 11, 12, 13, AND 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE RUN SOUTH 00°45'13" WEST ALONG THE EAST LINE OF SAID SECTION 11, A DISTANCE OF 1,356.42 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12; THENCE LEAVING SAID EAST LINE, NORTH 87°47'32" EAST, A DISTANCE OF 1,318.80 FEET TO THE SOUTHEAST CORNER OF THE Exhibit"A" to Joint Easement Agreement 9108751 3 NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12; THENCE RUN ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 12, SOUTH 00°40'50" WEST, A DISTANCE OF 1,353.60 FEET; THENCE SOUTH 00°42'14" WEST, A DISTANCE OF 2,707.26 FEET TO A POINT ON THE NORTH LINE OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE IN AND THROUGH SAID SECTION 13, SOUTH 00°39'11" WEST, A DISTANCE OF 1,345.38 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13; THENCE LEAVING SAID CORNER, SOUTH 87°30'27" WEST, A DISTANCE OF 1,328.58 FEET TO THE EAST LINE OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE IN AND THROUGH SAID SECTION 14, SOUTH 87°28'53" WEST, A DISTANCE OF 1,336.40 FEET; THENCE NORTH 00°47115" EAST, A DISTANCE OF 671.38 FEET; THENCE SOUTH 87°27'18" WEST, A DISTANCE OF 668.30 FEET; THENCE NORTH 00°4T46" EAST, A DISTANCE OF 671.09 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 11; THENCE ALONG SAID SOUTH LINE, SOUTH 87°25'49" WEST, A DISTANCE OF 2,004.66 FEET, (PASSING OVER THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 11 AT A DISTANCE OF 668.22 FEET) TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 11; THENCE LEAVING SAID SOUTH LINE OF SECTION 11, NORTH 00°50'07" EAST, A DISTANCE OF 1,371.71 FEET; THENCE SOUTH 87°38'49" WEST, A DISTANCE OF 1,235.72 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF COLLIER BOULEVARD (COUNTY ROAD 951); THENCE RUN ALONG SAID EAST RIGHT-OF- WAY LINE, NORTH 00°50'49" EAST, A DISTANCE OF 344.10 FEET; THENCE LEAVING SAID RIGHT-OF°WAY LINE, NORTH 87°42'04" EAST, A DISTANCE OF 1,235.58 FEET; THENCE NORTH 00°50'07" EAST, A DISTANCE OF 1,028.79 FEET; THENCE NORTH 87°51'50" EAST, A DISTANCE OF 2,670.28 FEET; THENCE NORTH 00°46'52" EAST, A DISTANCE OF 2,723.04 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 11; THENCE RUN ALONG SAID NORTH LINE OF SECTION II, NORTH 88°17'54" EAST, A DISTANCE OF 1,333.91 FEET TO THE POINT OF BEGINNING. CONTAINING 559.05 ACRES, MORE OR LESS. Exhibit"A" to Joint Easement Agreement 9108751_3 EXHBIT Lido Isles Parcel The North 1/2 of the North 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 11,Township 50 South,Range 26 East, except the West 100 feet thereof for roadway purposes,Collier County, Florida (Parcel Identification Number: 0041152001) AND • The South 1/2 of the North 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 11,Township 50 South,Range 26 East except the Westerly 100 feet thereof for roadway purposes,Collier County,FL (Parcel Identification Number: 00411000000) AND TheNorth 1/2 of the North 1/2 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 11,'Township 50 South,Range 26 East,less the West 100 feet for roadway purposes, Collier County,Florida. (Parcel Identification Number 00411720005) 3j3 { i 1 { 1 Exhibit"B" to Joint Easement Agreement 9108751_3 EXHIBIT `C' Easement Area No. 1 Easement Area No. 1 initially shall be defined as an area in the approximate location designated on the sketch and desscription attached hereto. Willow Run and Lido Isles agree to work diligently and _._ in good faith to prepare,agree upon and document a more precise legal description for Easement Area No. 1,prior to the commencement of construction of the Roadway Improvements,upon which the parties shall execute and record a supplement to this Agreement replacing this Exhibit"C"with a new Exhibit"C"containing the final description of Easement Area No. 1. Exhibit"C" to Joint Easement Agreement 9108751_3 0 700 200 400 I I N W. 1/4 OF THE S.W. 1/4 GRAPHIC SCALE IN FEET SEC DON 11 1`-200' _. LEGAL DESCRIPTION Z BEING A PORBON OF THE NORTHWEST 1/4 OF THE SOUTHWEST Z 1/4 OF SECTION 11, TOWNSHIP 30 SOUTH, RANGE 26 EAST, t. ayr61 s NE 1/4 OF COLLIER COUNTY, FLORIDA AND BEING MORE PARDCULARLY g THE S.W. 1/4 DESCRIBED AS FOLLOWS 1y SECTION 11 COMMENCE AT THE SOUTHWEST CORNER OF TH£ NORTHWEST 3 < 1/4 OF 7H£ SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 N 8778'49'E 677.85' 1:i.' SOUTH, RANGE ?6 EAST, COLLIER COUNTY, FLORIDA,- (HENCE NORTH 8738'49" EAST, ALONG THE SOUTH LINE OF SAID al FRACT70N, A DISTANCE OF 100.15 FEET TO A POINT ON 1H£ S 8738'49'W 6!7.85' EASTERLY RIGHT-OF-WAY LINE OF COLLIER BOULEVARD. THENCE NORTH 005049' EAST, ALONG SAID EASTERLY L! N 711 49 E 1 Ai- RIGHT-OF-WAY LINE, A DISTANCE OF 6009 FEET 7L7 7HE 1 (5/1BJ POINT f RFGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTH 0050'49"EAST, ALONG POC S UVE Or INC Nw 1/�cr RE SA:1/ SAID EASTERLY RIGHT-OF-WAY UN£ A DISTANCE OF 60.09 $1P OVNER srCSO•I 17 FEET; THENCE DEPAR77NG FROM SAID EASTERLY OF ME NN r/4 SFt° n/4 s SE 1 4 OF RIGHT-OF-WAY LINE NORTH 8738'49"EAST, A DISTANCE OF THE S.W. 1 ¢ 61785 FEET, THENCE SOUTH 005026' NEST, A DISTANCE OF I / 60.09 FEET,' THENCE 5011771 873845 WEST,'A DISTANCE OF S.W. 1/4 OF 11-IE SW. 1/4 SECTION 11 61785 FEET TO THE POINT OF RFIONNING SECTION 77 CONTAINING 37071 SQUARE FEET 044Sa851"ACRES, MORE OR LESS BOB -BASS or REARING P05.POW OF BEONNNC BY: 2 P91 .µPROFESSION.SURVEYOR f „..., i JOHN SC07T•RHODE$ P$M/5739 Riff=mar-of-WAY SKETCH AND DESCRIPTION •as gm g 1.BEARINGS ARE BASCO OW 1NE SOUR/LINE OR MME NORTNRE0I I/4 EASEMENT I. checked: LINE TABLE OF ME 507)7171 ST 1/4 OF SECTIOI 17,IoWRVMP 50 SOWN.RANCE 21 00 1 EAST CC//ER COMA'FLO944.AS BFOND NORM 470549'EAST o i LIVE LEMSM 8EA4wG (ASSIMm)ANG RELATE N ThE STA/E DUNE COOPCWAIF SY91p/ \ LI 10018' N 3x00'41'E (5r462161 41 116 so 0006 NCLFRC A16/61766 BOR14 C/Sr / \i 6k: doter 2, -405 5. L2 5009' N 00'50'19'E T r0,17 M7L5/RI1N 1940 AOUSIMENE RHODES&RHODES P91 u so.2013 View. V 6009' N 0830'49'F PIDT 1 L4 5009' S OOTO74'W RECTAPO.CT ro EASEKN>;RESQVi 50'A9 AND RESRSCRLIVS OF SURVEYING,INC. scale:1' v 206' I'fOfec(#: 3� LICENSE X18 8897 2016-403 ! t ALL OwEN9L1N9 ARE M FEET MU OFOYALS tICREO':IIMCCSS ' OMERMISF NOIEO. 5 557 '. 26100 80MTA GRANDE DRIVE SUITE 107 1 of 1 B0ITITA SPRINGS,PL 34136 fOs k 3 - *NOT A SURVEY* (239)405-8166 (239)405-8163 FAY 2015-4054 • EXHIBIT`D' Easement Area No.2 Easement Area No. 2 initially shall be defined as an area in the approximate location designated on the sketch and desscription attached hereto Willow Run and Lido Isles agree to work diligently and_. in good'MA to prepare, agree upon and document a more precise legal description for Easement Area No. 2,prior to the commencement of construction of the Roadway Improvements, upon which the parties shall execute and record a supplement to this Agreement replacing this Exhibit"D"with a new Exhibit"D"containing the final description of Easement Area No. 2. } 1 Exhibit"D" to Joint Easement Agreement 9108751 3 1 • .1 0 100 200 400 I N.W. 1/4 OF 771E S W. 1/4 GRAPHIC SCALE IN FEET SECTION 11 1"=200" J LEGAL OESCR/PAON • GONG A PORTION OF 771E NORTHWEST 1/4 OF 771E SOUTHWEST 1/4 OP SECTION /1, TOWNSHIP 50 SOU1M, III N.E. 1 4 OF RANGE:26 EAST, COLLIER COUNTY,FLORIDA AND BEING MORE / PARALXILARLY DESCRIBED AS FOLLOWS' 1 I THE SW 1/4 AT TIE SOUTHWEST CORNER OF THE NORIHNEST SEC770N 11 7 4 OF 711E SOUTHWEST 1/4 OF SECTION 71, TOWNSHIP 50 SOUTH,RANGE 26 EAST COLLIER COUNTY,FLORIDA; THENCE 111, NORTIT 87•.1849' EAST, ALONG DIE SOUTH LINE OF 54/0 FRACTION;A DISTANCE OF 70015 FEET TO A POINT ON 111E EASTERLY RIGHT-OF-WAY LINE OF COLLIER BOULEVARD;; Alt, THENCE DEPARTING FROM SAID EASTERLY RIGHT-OF-WAY LINE CONTINUE NORTH 673549" EAST, ALONG SAID I -- N ��. v.77 L4 FRACTICW, A DISTANCE 557.77 VEST IV DIE �(g p0: RFCNN/NG OF THE PARCEL OF LAND HEREIN DESCRIBED;; I THENCE OEPAR77NG SAID FRAC770N, NORTH 005016" EAST l+ g OC I 679E OP nW NI 1/4 Or DR 1w 1/4 A OTSTANCE O^'60,09 FEET THENCE NORTH 8718'49"EAST, OF II7E w9!70/4 n A DISTANCE OF 60.09 FEET, THENCE 500771 005076'REST, 7077/r S.E. 1/4 OF A DISTANCE OF 60.09 FFET TD A POINT ON THE SW7H LINE THE S.W. 1 4 OP AFOPES O FRAC/ION,,' THENCE SOUTH 8771149' NEST, / ALONG THE SOUTH LINE OF SAID FRACTIQIG..4 0/STANCE OF .$W. 7/4 OF THE S W. 1/4 SECTION 17 5009 FEET TO 771E PLANT OF BFG1NIIIW '• SEC77ON 17 LESS NG 4606 SQUARE FEET OR 0,..'OB,x ACgFS"•MO S OR I I ? 509 .41A4,3 Poe"Pfame orreE asANC 979' .IIW1l7'SC01T,FjH00E5:PSM;5739 '; w - L 7Rl£ro8 I AND MAPPER KETCH AND DESCRIPTION 1/design: R/w-NWT-ar-WAY drown: MKS 1,ffARR.6 ARE BASED ON INC SOUTH CAE N 771E NOTpNEST I/r BASEMENT #2 the ked: 1171E T191E 6771E S01//NSf3'T III Or 0/1909 1L 710/0/P 50 501/179 RAAYS 75 NR WC TOWN :/ 5 EAST,Ca6LFR C[KNIr 77910/4,Al RENO NO41N 8734•45'UST \ aced 4: `'� � ^'`�TR'1 (ASIIwWO)AND MATE 70 779 STA/E PLANE 6.0090776172 6707179 P 2015-406 >♦�f.T•.� fSrAeVYKD ar PIE NAR6wAt OLODEDC SLOr1E9609110904 EAST 1( bk. P9 date: 1 view: � � %..4?4'W 7079[I581 DAIIA/w101 1950 ADA7s74Lh•E R80DES&RHODES NARCN 31, 2016 Ot::F?� er: : SURVEYING, INC. scale: PLOT 4 A2E r TO 615£706 11ONS AAG RESONCO0v5 Or 1JCENSE/L8 6697 l'=200' 2015-408 cogo sheet#: I AU L47Y0V5 Alt MEET AND DECWAS 02AE0 CK55 OWE/M57 607(0 1 1 07 1 T 28100 BONITA GRANDE DRIVE SUITE 107 # *NOT A SURVEY' BONITA SPRLYCS, FL 34195 file 7: • r (239)405-6166 (239)405-8163 FAX 7 2015-408 I r Agenda Item No. 9B COLLIER COUNTY SMALL SCALE GROWTH MANAGEMENT PLAN ADOPTION AMENDMENT Project: GMPA-PL20140001282 Petition: CPSS-2014-2 , - d TEM" LE CITRUS GROVE MANCHESTER -: SQUARE VINEYARDS n ^ z2 GOLDEN GATE ESTATES (ORI) 2 C SCHOOL-,..__l Y ��' a JhIT 35 8 g OF NAPLES 7 op 12 C C NAPLES AMLEII CYPRESS 5 GATEWAY PROJECT J ' SUMMERN b GLEN I PINE 714. RAGGE COR'ERS LOCATION , ! } I GLESEN PARK CENTRAL (C R.8961,NORTH t `�Y� 1111 ''_PINE RIDGE ROAD ■ ' W S,.THERLAN, j MEADOWEROOK C•ROIUP o >E� ASTRQN 4 tow 1 PLAZA u URTNWQOC ,r" C N R ti 'AHIPPOORWLL I aR WO '-- 1'1 _ LAKES 17 __r 3 SCR man T• r`.. GOLDEN GATE ESTATES . HINraSgE ARCING }MiIPP>' i"WLL ' UNIT 33 T KENSINGTON t • 'NA=LES LAKES PINES DWI ER CC DARK CHURCH i- WORLD EVANS OF CHRIST cr TENNIS WHIPPOORWILL - I CENTER EALVGRAL WOODS z /_ CCPC: MAY 07, 2015 BCC: JUNE 23, 2015 Clerk's Office TABLE OF CONTENTS CCPC- Project: PL20140001282/Petition: CPSS-2014-2 Small Scale Growth Management Plan (GMP) Adoption Amendment (Companion PUDZ-PL20140001326) May 07, 2015 Agenda 1) TAB: Adoption Staff Report DOCUMENT: Adoption CCPC Staff Report: PL20140001282/CPSS-2014-2 2) TAB: Adoption Ordinance DOCUMENT:Adoption Ordinance & Exhibit"A" Text&Map Changes 3) TAB: Legal Advertising DOCUMENT: CCPC Adoption Advertising 4) TAB: Project/Petition DOCUMENT: Project/Petition: PL20140001282/ CPSS-2014-2 P L20140001282/C P S S-2014-2 Co e-r fl° ou-i-ty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: May 7, 2015 RE: PETITION PL20140001282/CPSS-2014-2, SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT (Companion to petition PUDZ- PL20140001326, Germain Honda) [ADOPTION HEARING] AGENT/APPLICANT/OWNERS Agents: Dominick J. Amico, Jr., P.E. Agnoli, Barber& Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 R. Bruce Anderson Cheffy Passidomo, P.A. 821 5th Avenue South Naples, FL 34102 Applicant: Stephen L. Germain, Manager. JAZ Real Estate Holdings, LLC do Germain BMW 11286 Tamiami Trail North Naples, FL 34108 Owner: R & H Properties, LLC 3295 Pine Ridge Road Naples, FL 34109 I. GEOGRAPHIC LOCATION: The subject property, comprising ten (10) acres of a 10.47-acre parcel, is located at the northwest corner of Pine Ridge Road (CR 896) and Livingston Road, in Section 12, Township 49 South, Range 25 East, within the North Naples Planning Community. 1 PL20140001282/CPS S-2014-2. ---. , - -. ‘,..,,,,,,i''''';'''-')°,1; '7.'-. ' :#4,' •,'•'':. L. ' " 11 T,- Vie 1., 4 1 ' : ; il -, ,-.". .. ,f,".... . ..41.,,.' .. „- 4,4. ,,,,,,..;i-,..,:. , -- Mll�i�F l. l f -,-f. Il -! 4 S 1 I` p .- i .d' . ii r t t ' 1' . ,,,:0-;-, I 1.--, ` #- .! ` " 40 f ; Y �,,f ' 'ii ! - r •. * ' 3 U t:.- ' ice 'J "� t,,,: . . , ' -1,-",,,..i,..; t . i 4 7 ,` ■;i .a� s . i .# 0 "• r , . U. i-" it . , fi ' . •f y '' 'f Y 1 et,4.: .. f-/,?.' & r I. , r r .v, i 0,1 �t ;,C+5 X Y! F ' tC!c A r 4- „n .ili 40, it r • P : ' # i :yre j• o-" u 7 f � r 3 _ 4 1x3 AV 2 r� . - � � a TY ^n , . f . W. rl i u. ' • , a .. ',}a_ S$= - i 1,4- ` ,i i-- �. ..4 d..-_._._ _. .1l _ 7 S=12 • =, .,J �.v=1. ' ' - .0.74, .N f 1I . � �■ (� t 1 }b N T! ' y A _ - - iI 8 ..satt, r1 II. REQUESTED ACTION: The applicant seeks to amend the Future Land Use Element (FLUE) text and Future Land Use Map Series by: 1. Revising tie Livingston/Pine Ridge Commercial Infill Subdistrict text to add one use — new and used car sales — on the southerly ten acres of the 10.47-acre parcel comprising the northwest quadrant of this Subdistrict (the southeast quadrant of this Subdistrict is not affected by this amendment); and 2. Revising the Livingston/Pine Ridge Commercial Infill Subdistrict map, part of the Future Land Use Map Series, to identify the subject southerly ten acres where new and used car sales would be allowed. The proposed amended Subdistrict text and map is depicted on Ordinance Exhibit A's. III. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is '-equesting this change so as to allow either of two development scenarios: general and medical office uses with a maximum of 40,000 square feet (s.f.) of building area 2 P L20140001282/C PSS-2014-2 (presently allowed), or new and used auto sales use with a maximum of 60,000 s.f. of building area. IV. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Existing Conditions: The subject 10-acre site is developed with a retail plant nursery, florist and pool cleaning service; zoned A, Rural Agricultural with a conditional use for retail plant nursery, and is within the STNV-4 special treatment wellfield overlay; and, designated Urban — Commercial District, Livingston/Pine Ridge Commercial Infill Subdistrict approved for 40,000 s.f. of general and medical office uses. Surrounding Land Uses: North: FPL transmission lines within FPL easement and private school (Community School of Naples); zoned CF, Community Facility; and, designated Urban — Mixed Use District, Urban Residential Subdistrict, and partially within a residential density band. East: Across Livingston Road and Old Livingston Road, single family dwelling units; zoned E, Estates; and designated Estates Mixed Use District, Estates Residential Subdistrict. Across Livingston Road, office development under construction; zoned PUD, Cambridge Square (16.1 acres; approved for 35,000 s.f. of office uses and 80,000 s.f. of office or retail uses of the C-3 zoning district; building height limit of 35 feet); and, designated Estates Commercial District, Pine Ridge Road Mixed Use Subdistrict (comprises 16.23 acres; allows 35,000 s.f. of office uses and 80,000 s.f. of office or retail uses of the C-3 zoning district; building height limit of 35 feet). South: Across Pine Ridge Road, FPL transmission lines and water retention pond within FPL easement; zoned A, Rural Agricultural; and, a 276-unit apartment complex (La Costa Apartments); zoned Related Group PUD, approved for 276 multi-family dwelling units (7 units/acre). Both sites designated Urban — Mixed Use District, Urban Residential Subdistrict, and within or partially within a residential density band. West: Private school (Community School of Naples); zoned CF, Community Facility. Dance studio (Etudes de Ballet); zoned A, Rural Agricultural, with conditional use for "sports instructional school, recreational camp, and cultural, educational or recreational facilities." Both sites designated Urban — Mixed Use District, Urban Residential Subdistrict, and within or partially within a residential density band. V. Identification and Analysis of the Pertinent Small-Scale Comprehensive Plan (GMP) Amendment Criteria in Florida Statutes, Chapter 163.3187: Process for adoption of small-scale comprehensive plan amendment, followed by staff analysis in bracketed bold text. (1) A small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer. [The proposed amendment pertains to 10 acres of the 10.47-acre subject site.] (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 3 P L20140001282/C P SS-2014-2 acres in a calendar year, [Thus far, two small scale GMP amendments have been adopted in calendar year 2015 for a total of 8.776 acres (0.876 + 7.9). Including the 10-acre subject site, a total of four small scale GMP amendments are presently under review—comprising 32.06 acres total (10 + 6.96 + 9.92 + 5.18).] (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section. [This amendment is for a site-specific Future Land Use Map change and directly related text change.] (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). [The subject property is not within an Area of Critical State Concern.] (4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. [Internal consistency will be maintained if the GMP amendment is approved.] VI. BACKGROUND AND ANALYSIS: 1) Background: Future Land Use and Zoning History: • 1994 — A conditional use was approved for "retail plant nursery" and the site subsequently developed as a retail plant nursery (presently, Pine Ridge Nursery of Naples). • 2002 — A growth management plan (GMP) amendment was approved to establish the Livingston/Pine Ridge Commercial Infill Subdistrict on the 10.47-acre parcel at the northwest quadrant of Pine Ridge and Livingston Roads, to allow 40,000 square feet of general and medical office uses. (This Subdistrict was first established at the southeast quadrant in 2001 on 17.5 acres to allow 125;000 s.f. of retail and office uses.) • 2007 —A GMP amendment was denied, requesting to amend the northwest quadrant to increase the building area to 70,000 s.f., retain general and medical office, and add retail uses for up to 20,000 s.f. of the 70,000 s.f. total. 2) Environmental Impacts: A Senior Environmental Specialist with the Collier County Surface Water and Environmental Planning Section of the Natural Resources Department reviewed the environmental report (for both the GMP amendment and PUD rezone petitions) and provided the following comments: According to the 1975 aerial on the Property Appraisers website, the subject property was previously cleared for agricultural use prior to 1975. Current uses of the property include commercial development and a plant nursery. The property is also located within an existing Florida Power and Light easement with overhead electric transmission lines. 4 PL20 1 40001 282/C PSS-2014-2 Native vegetation on-site consists of several slash pine and oak trees within the nursery. No listed species were identified on-site by the environmental consultant for the project. The project site is located within Wellfield Risk Management Special Treatment Overlay Zone W-4. A letter was not received from the Florida Master Site File concerning recorded archaeological or historical sites. The project is subject to Conservation and Coastal Management Element (CCME) Policy 11.1.3, concerning accidental discovery of archaeological or historical sites, should any archaeological or historical sites be found on the property. The provision is also included in Subsection 2.03.07 E of the Land Development Code (LDC). [Comprehensive Planning Note: Such a letter is believed to have been provided with a prior GMP amendment petition for the site.] The proposed GMP amendment will have no affect on the Conservation and Coastal Management Element as they relate to preservation and protection of native vegetation and listed species of wildlife. Review of the proposed amendment for compliance with the Wellfield Risk Management Special Treatment Overlay should be coordinated with staff from Pollution Control & Prevention. [Comprehensive Planning Note: Pollution Control and Prevention Section of Natural Resources Dept. responded: "The property and type of development in question is ... in the outer fringe of wellfield risk management zone WA and a Certificate to Operate would not be required for businesses activities that uses, handles, stores, generates, transports or processes hazardous wastes/products. However given the current [and use, LDC 3.08.00A.4.d.i and ii may apply."] 3) Public Facilities Impacts: No issues or concerns have been identified regarding impacts upon potable water, wastewater, solid waste, drainage, park and recreational facilities, schools, and EMS and fire. Public Utilities Department is requesting a utility corridor along Livingston Road but this is appropriately addressed as part of the PUD rezone review. As to impacts upon transportation facilities, the proposed use does not result in an increase in traffic volume; site access and operational issues are appropriately addressed as part of the PUD rezone review. 4) Justification and Compatibility: Data and analysis requirements for comprehensive plans and plan amendments are noted in Chapter 163, F.S., specifically Section 163.3177(6) (a) 2. a-j, listed below. 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. 5 PL20140001282/CPSS-2014-2 i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community's economy. j. The need to modify land uses and development patterns within antiquated subdivisions. Also, the state land planning agency has historically recognized the consideration of community desires (e.g. if the community has an articulated vision for a particular area as to the type of development desired, such as within a Community Redevelopment Area), and existing incompatibilities (e.g. presently allowed uses would be incompatible with surrounding uses and conditions). At the June 18, 2014 pre-application meeting for this petition, staff requested the applicant provide data and analysis that could include: • Documentation that FPL prefers auto dealership use over presently allowed office uses (as asserted by the applicant); • Identification of the market or trade area for the proposed use and an analysis of available sites within that trade area, especially those with the needed zoning for the proposed use; • Commercial demand analysis for the proposed use; • Documentation of any unique needs of the proposed specific land use, how the subject site meets those needs, and how other sites in the trade area do not meet those unique needs; • Analysis of land uses/intensities on the north side of Pine Ridge Road from 1-75 to the subject site then west of it; • Analysis of compatibility with low density residential uses to the east/northeast of the site across Livingston Road; • Feasibility analysis of interconnection to the north (an access road to Community School of Naples) and shared access on Pine Ridge Road with the ballet school to the west. A limited amount of data and analysis was provided with the petition submittal in June, 2014. In January, 2015 the petitioner submitted additional data and analysis. The petitioner's data and analysis consists of: environmental assessment; public facilities impact analysis, including TIS (traffic impact statement); inventory of existing auto dealerships; Honda vehicle ownership by zip code; commercial inventory analysis of South Naples, East Naples, Central Naples and Golden Gate Planning Communities; Honda settlement agreement excerpt; dealership size requirements; excerpt from an auto industry article. The public facilities impact analysis indicates no concern for category A public facilities. The TIS demonstrates the proposed use will have a lesser impact than the presently allowed office uses. Given that the site was cleared of native vegetation decades ago and maintained that way, as evidenced by Collier County Property Appraiser aerial maps, there are no habitat protection concerns. The site is within a wellfield special treatment overlay; any potential concerns about wellfield impacts may be appropriately addressed through review of subsequent development order applications. The settlement agreement (between American Honda Motor Co. and Germain Honda of Naples) excerpt establishes the locational restrictions for the Germain Honda dealership if it proposes relocation within five years of the date of the agreement, December 2013, as well as specifies the minimum road frontage. The data submitted indicates the dealership size requirement is a minimum of nearly six acres and almost 35,000 square feet of building floor area. The subject site and proposed subdistrict text meets these requirements. The subject site is centrally located to the majority of present Honda vehicle owners in Collier County. but other potential sites might be as well. 6 PL20140001282/C PSS-2014-2 The petitioner has not demonstrated that incompatibilities exist on the subject site such that a change to the future land use designation is needed, or that there is an established community desire or vision for the subject site to be developed as proposed (historically acceptable considerations by the state land planning agency). Accordingly, the inventory analysis alone is the key consideration— is there a need for a future land use map change to increase the amount of commercial allowed in this area, and if so, is this the appropriate location to fulfill that need? Staff's evaluation of the petitioner's commercial analysis yields three deficiencies: 1) the petitioner did not evaluate - or did not provide documentation - properties designated on the Future Land Use Map to allow the needed commercial zoning, e.g. Mixed Use Activity Center, but not already zoned to allow the proposed use (C-3 subject to conditional use approval), C-4, C-5, and PUDs that allow auto dealership use); 2) contiguous properties of less than 10-12 acres that could potentially be aggregated to meet the desired size threshold; and, 3) properties larger than 10-12 acres that could potentially be split so as to create a 10-12 acre parcel. All of these are typical evaluations that would occur in conducting a land use inventory evaluation. The petitioner was notified of these deficiencies but chose not to conduct a further evaluation. Analysis of land uses/intensities on Pine Ridge Road from 1-75 to Livingston Road and beyond: On the south side of Pine Ridge Road, retail uses are allowed from 1-75 to Livingston Road; west of Livingston Road is a water retention pond beneath the FPL easement, then residential development. On the north side of Pine Ridge Road, retail uses are allowed from 1-75 for a distance west for about 2/3 mile; then office uses within the easterly portion of Cambridge Square PUD; then retail uses within the westerly portion of Cambridge Square PUD to Livingston Road. West of Livingston Road is the subject site limited to office uses, then a dance studio, a gymnastics center, and residential development. Presently, Livingston Road serves as a divider of use intensity — more intense land uses lie to the east and less intense uses lie to the west. Regarding compatibility, it is staffs observation that auto dealerships sometimes have parking lot lighting that is brighter than typical retail uses (understandable, since their merchandise is located outside under these lights rather than inside a building as is the case with most retail merchandise). An example is the newest dealership, Tamiami Hyundai located on Airport Road, just south of Orange Blossom Drive; its parking lot is noticeably brighter than commercial uses in the broader surrounding area. Also, repair facilities, car washes and auto deliveries may generate considerable noise. However, given the surrounding uses of the subject site, the proposed use is generally compatible; specific compatibility measures are appropriately considered as part of the rezone petition. VII. NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05 F was [duly advertised, noticed and] held on December 3, 2014, 5:30 p.m. at Etudes de Ballet dance studio, located at 3285 Pine Ridge Road, Naples, FL 34109. This NIM was advertised, noticed and held jointly for this small scale GMP amendment petition and companion PUD rezone petition. The applicant team gave a presentation, and then responded to questions. A total of seven members of the public signed in at the NIM. Two persons expressed opposition, two expressed support, and one requested information. NIM summary minutes, prepared by the applicant team, are included in this petition package. The meeting was ended at approximately 6:05 pm. [synopsis prepared by David Weeks, AICP, Growth Management Manager] 7 P L20140001282ICPSS-2014-2 VIII. FINDING AND CONCLUSIONS: • There are no infrastructure related concerns. • There are no adverse environmental impact concerns. • This is an infill site located at the intersection of two arterial roads and is encumbered by FPL easements that contain electric transmission lines. • The site is adjacent to institutional uses on two sides, is separated by an arterial road from multi-family residential development on one side, is separated by an arterial road and local road from single family residential development on a portion of one side, and is separated by an arterial road from commercial property under development on a portion of one side. • The site is presently zoned "A" and developed with a plant nursery, florist and pool cleaning service. The plant nursery has existed since the mid-1990s. • The site is presently designated in the GMP to allow 40,000 s.f. of general and medical office development. • There are potential compatibility concerns regarding noise and glare; however, these may be addressed through the companion PUD amendment petition. • Livingston Road presently serves as a boundary of use intensity along the Pine Ridge Road corridor— more intense uses are to the east and less intense uses are to the west. • The submitted data and analysis is incomplete thus inadequate to support this amendment. IX. LEGAL CONSIDERATIONS: This staff report has been approved as to form and legality by the Office of the County Attorney. [HFACJ X. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PL20140001282/CPSS-2014-2 to the Board of County Commissioners with a recommendation not to approve for adoption and transmittal to the Florida Department of Economic Opportunity based upon findings that the submitted data and analysis is inadequate to support the petition, and Livingston Road could reasonably continue to serve as the divider between the more intensive commercial development allowed to the east and the low intensity commercial and non-commercial uses allowed to the west. [remainder of page intentionally left blank] 8 PL20140001282/CPSS-2014-2 r' Prepared By: - .i ----d-r,;''` , °' - Date: 't (-1 . / David Weeks,AICP, Growth Management Manager Comprehensive Planning Section, Zoning Division Reviewed By: -> Date: Michael Bosi,AICP, Director Zoning Division Approved B —' Date: - -23-/c Jamie French, Deputy Department Head Growth Management Department Approved By • j`� Date: Nick Casarangui , ! Deputy County Marfagrer Petition Number: PL20140001282/CPSS-2014-2 Staff Report for May 7, 2015 CCPC meeting NOTE: This petition has been scheduled for the June 23,2015 BCC meeting. CCPC Staff Report CPSS-2014-2 G:\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATAIComp Plan Amendments12014 Cycles&Small Scale Petitions12014 Small-Scale PetitionslCPSS-2014-2 Liv-PR Coml-add car dealership\CCPC dw/4-17-15 9 ORDINANCE NO. 15- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY REVISING THE LIVINGSTON/PINE RIDGE COMMERCIAL INFILL SUBDISTRICT TO ADD NEW AND USED CAR SALES USES UP TO 60,000 SQUARE FEET AS AN ALTERNATIVE TO GENERAL AND MEDICAL USES ON THE SOUTHERN 10 ACRES OF THE SUBDISTRICT'S NORTHWEST QUADRANT. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF PINE RIDGE ROAD (CR 896) AND LIVINGSTON ROAD INTERSECTION IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 26 EAST; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20140001282/CPSS-2014-21 WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, JAZ Real Estate Holdings Company LLC requested an amendment to the Future Land Use Element to add an alternative use to the Livingston/Pine Ridge Commercial Infill Subdistrict; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or an area of critical economic concern; and [15-CMP-00945/1167566/1] 16 1 of3 Words underlined are added; words stmek-threugh have been deleted; * * * indicates break in pages WHEREAS, the Collier County Planning Commission (CCPC) on considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan on ; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Future Land Use Element and Future Land Use Map and Map Series in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. [15-CMP-00945/1167566111 16 2 of 3 Words underlined are added; words struelk-thfeugh have been deleted; * * * indicates break in pages PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk TIM NANCE, Chairman Approved as to form and Legality: ks- Heidi Ashton-Cicko, {\ Managing Assistant County Attorney Attachment: Exhibit A-Proposed Text Amendment& Map Amendment [15-CMP-00945/1167566/1] 16 3 of 3 Words underlined are added; words str-tiek-through have been deleted; * * * indicates break in pages C PSS-2014-2/PL20140001282 EXHIBIT A FUTURE LAND USE ELEMENT FUTURE LAND USE DESIGNATION DESCRIPTION SECTION *** *** *** *** *** *** .** *** *.* *** *** *** I. URBAN DESIGNATION *** *** *** *** *** *** *** *** *** *** *** *** C. Urban Commercial District This District is intended to accommodate almost all new commercial zoning; a variety of residential uses, including higher densities for properties not located within the Urban Coastal Fringe or Urban Residential Fringe Subdistricts; and a variety of non-residential uses. *** *** *** *** *** *** *** *** *** *** *** *** 3. Livingston/Pine Ridge Commercial Infill Subdistrict: This Subdistict consists of two parcels; one parcel consists of 17.5 acres and is located at the southeast quadrant of Livingston Road, a collector roadway, and Pine Ridge Road, a minor arterial roadway. The second parcel consists of 10.47 acres and is located at the northwest quadrant of Livingston Road and Pine Ridge Road. In addition to uses allowed in the Plan, the intent of the Livingston/Pine Ridge Commercial Infill Subdistrict is to provide shopping, personal services and employment for the surrounding residential areas within a convenient travel distance and to provide commercial services in an acceptable manner along a new collector roadway. The Subdistrict is intended to be compatible with the neighboring commercial, public use and high density residential properties and will utilize well-planned access points to improve current and future traffic flows in the area. *** *** *** *** *** *** *** *** *** *** *** *** b. Northwest Quadrant The feasibility of interconnections to the abutting properties to the North and West will be considered and, if deemed feasible, will be required during the rezoning of the subject property. This quadrant shall be limited to general and medical office uses, provided that the total building square footage does not exceed 40,000 square feet, or New and Used car sales on the southern 10 acres labeled on the map as Auto Dealership Overlay provided that the total building square footage does not exceed 60,000 square feet. Building height shall be limited to three stories with a 50 foot maximum height. CBS-2014-2 EzhiI ii A text G:\CUES Planning Services\ComprehensivejC.tIMP PIA\\I\G GMP DATA\Comp Plan Amendments\201 I Cycles 8 Small Scale Petitions\2014 Small-Scale Petitions\CPSS-201.I-2 Liv-PIt Com1-add car dealership\Exhibit A texI&maps dw/10-40-I I Words underlined are added;words stwsk-through are deleted. Row of asterisks(*** *** ***)denotes break in text. Page .1 of =� EXHIBIT A PETITION CPSS-2014-2 LIVINGSTON / PINE RIDGE COMMERCIAL INFILL DISTRICT 0)jp�� COLLIER COUNTY, FLORIDA 0I' z 0 v) , Z i • 1 1 I -- \ I 1 PINE RIDGE ROAD PINE RIDGE ROAD 1 ,z • I p Q ,:._._ f H 0 u., Z 5 LEGEND \\ SUBDISTRICT SCALE AUTO DEALERSHIP OVERLAY PREPARED BY: GIS/CAD MAPPING SECTION I 3001 FT. 600 FT. (10 ACRES) GROWTH MANAGEMENT DIVISION DATE: 11/2014 FILE: CPSS-2014-2.DWG Page what.°CA. PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Collier County Planning Commission will hold a public meeting on May 07, 2015 at 9:00 A.M.in the Board of County Commissioners Chamber,Third Floor, County Government Center, 3299 East Tamiami Trail, Naples, FL. The purpose of the hearing is to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY REVISING THE LIVINGSTON/PINE RIDGE COMMERCIAL INFILL SUBDISTRICT TO ADD NEW AND USED CAR SALES USES UP TO 60,000 SQUARE FEET AS AN ALTERNATIVE TO GENERAL AND MEDICAL USES ON THE SOUTHERN 10 ACRES OF THE SUBDISTRICT'S NORTHWEST QUADRANT. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF PINE RIDGE ROAD (CR 896) AND LIVINGSTON ROAD INTERSECTION IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 26 EAST; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20140001282/CPSS-2014-2] AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.2004-41,AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED 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 FROM THE AGRICULTURAL(A)ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A 10.47± ACRE PARCEL TO BE KNOWN AS THE GERMAIN HONDA CPUD TO ALLOW CONSTRUCTION OF AN AUTOMOTIVE SALES FACILITY WITH ASSOCIATED REPAIR SERVICES, UP TO 60,000 SQUARE FEET OF GROSS FLOOR AREA, ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF PINE RIDGE ROAD AND LIVINGSTON ROAD IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTION NO.94-584,A CONDITIONAL USE FOR A RETAIL NURSERY;AND PROVIDING AN EFFECTIVE DATE.[PETITION PUDZ-PL20140001326] g TEMPLE CITRUS GROVE MANCHESTER SQUARE O VINEYARDS GOLDEN GATE ESTATES (DRI) D.�, COMMUNITY OZ UNIT 35 8 SCHOOL OF NAPLES h 7 a U 12 z NAPLES ANGILERI > GATEWAY PROJECT PROJECT J PINE LOCATION PLOCATI001326 RID R RACGE PL20140001282 T CYPRES'� WES i ` (C.R.896) GLEN CAMBRI saARe PINE RIDGE ROAD I . oRELATEDoL,VJ ISUTHERLAND /� ASTRON MEADOWBROOK GROUP <9 ?�' / m¢ a5 PLAZA BRYNWOOD�� HAvOW CENTER WHIPPOORWILL BRYNWOOD f PIN LAKES 17 PRESERVE EN p 13 HIWASSE C R 18 •?- GOLDEN GATE ESTATES WHIPPOORWILL UNIT 33 TIMBERWOOD KENSINGTON / NAPLES LAKES N PINES Q PARK CHURCH WORLD EVANS OF CHRIST TENNIS WHIPPOORWILL CENTER BALMORAL WOODS ? All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for inspection at the Zoning Division, Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples, between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office,fourth floor, Collier County Government Center,3299 East Tamiami Trail, Suite#401 Naples, one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Zoning Division, Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Thursday,May 07,2015,will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112-5356, (239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Mark P.Strain,Chairman Collier County Planning Commission No.231121306 April 17.2015 ©-) GERMAIN HONDA At Livingston/ Pine Ridge Commercial Infill Subdistrict P -Amendment Prepared By: AGNOLI CHEFFY PASSIDOMO BARBER & ATTORNEY AT LAW BRUNDAGE, INC. Professional Engincers,Planners&Land Surveyors PL20140001282 o = _ v Supplemental Information Provided to David Weeks Prepared By: AGNOLI CHEFFY PASSIDOMO BARBER & ATTORNEY AT LAW BRUNDAGE, INC. Professional F,nginms,Mennen K l.a�d Sorveyan P L2 0140001282 0 0 ROETZEL 850 Park Shore Drive Trianon Centre Naples, FL 34103 239.649,2708 Direct PHONE 239.649.6200 FM 239.261.3659 banderson@ralaw.com W W W.RALAW.COM MEMORANDUM TO: David Weeks, Mike Bosi and Mike Sawyer FROM: R. Bruce Anderson DATE: January 21, 2015 EVALUATION FACTORS AND COMMERCIAL INVENTORY ANALYSIS PINE RIDGE/LIVINGSTON ROAD IN-FILL SUBDISTRICT GERMAIN HONDA GMPA This is a supplemental report to the Growth Management Plan Amendment application to provide an evaluation of site specific factors and an analysis of commercial inventory which support the application. The subject property is suitable for development as a new car dealership which is a C-3 "Commercial Intermediate" conditional use. C-3 uses are identified in the Land Development Code("LDC")to provide a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic,preferably located at the intersection of two arterial roads. The surrounding lands are largely developed in non-residential uses. Lands located to the east are zoned Estates and PUD for the Cambridge Square CPUD which is partially developed for retail and office, and permits 115,000 SF of C1-C4 type commercial uses on 13.6 acres. The uses closely abut the Estates lands, which will be adequately buffered from the subject property as required by the LDC and separated by more than six (6) lanes of traffic. Specific operational restrictions for compatibility have been incorporated in our PUD document. Other permitted retail uses including Hardware stores, Gasoline Service Stations and Miscellaneous Repair Services are also allowed in the Cambridge Square CPUD amongst a broad range of commercial uses. The southeast corner of the Pine Ridge/Livingston intersection includes the Baldridge PUD which is built out at 119,705 SF of C 1-C4 type uses on 16.8 acres. Commercial uses are developed or permitted by zoning continuously on the south side of Pine Ridge Road from 1-75 to Livingston Road. A similar pattern of commercial uses prevails on the north side of Pine Ridge Road albeit with several vacant properties. The subject property directly abuts other non-residential uses with which the proposed use is compatible, A commercial dance studio is on the west side where shows, weddings and other assembly uses are regularly held. To the north is an institutional use,The Community School of Naples. Both of these uses can be considered regional type uses in that they attract people county-wide. ROETZEL&ANDRESS CHICAGO WASHINGTON,D.C. CLEVELAND TOLEDO AKRON COLUMBUS CINCINNATI A 1 EGAL PROFESSONAL ASSOCIATION ORLANDO FORT MYERS NAPLES FORT LAUDERDALE TALLAHASSEE NEW YORK Evaluation Factors and Commercial Inventory Analysis Page 2 The long narrow shape of the property and the fact that more than two thirds (2/3s)of the subject property is burdened with tall unsightly FPL electric transmission lines and towers limit the utility and desirability of the site for many uses. The automobile dealership is consistent with the FPL Consent of Use requirements within the easement area in that only vehicle inventory will be located there, not buildings or required parking. One can question what. a "regional" retail use is since it is not defined in the LDC or GMP, but Collier County has never limited auto dealerships to only Activity Centers. The current Honda dealership location is a mile from the nearest Activity Center. The County recently approved the relocation of the Hyundai dealership to a location between two Activity Centers and directly abutting residential uses. As shown on the attached Activity Center Index Map (Exhibit "A") with an automobile dealership overlay, of the 21 new car dealers in Collier County, fully two-thirds (2/3s) are located outside any Activity Center. The subject property is compatible for a CPUD allowing this use based on the existing pattern of nonresidential development in the Pine Ridge corridor at this location. The current GMP designation for this infill sub-district allows several office uses on this property. The results of the TIS indicate the GMPA will not adversely affect nearby and surrounding roadways and in fact would be an 18% reduction from the trip generation for the office uses currently allowed by the GMP. Honda Motor Company has limited the siting of this new dealership to no further north than Pine Ridge Road in Collier County due to the new Honda dealership currently proposed on Corkscrew in Lee County. As shown on the attached Honda Ownership zip code breakdown (Exhibit`B"),more than fifty percent (50%)of registered Honda automobiles in Collier County are located within ten (10)miles of the subject property and the highest concentration of ownership is less than two (2) miles away. This infill location places the dealership where it can proximately provide routine car service maintenance to the majority of its customers. With respect to new car purchases, the industry is undergoing a major shift in the way consumers are buying cars. Germain Honda's general manager reports that their onsite new car purchaser visitation has been reduced by approximately 4/Sths. A high volume of customer visits is now accommodated by the "Internet Sales" staff. In this scenario, the customer doesn't see the purchase until it is picked up at the dealership and in many instances the vehicle is delivered to the customer's home. The internee salesman doesn't even need to reside at the dealership building. Apparently this is a very popular growing trend in automotive sales which has been shown to be highly efficient for the dealerships and highly valued by the consumer due to special internee sales price savings and convenience. The traffic analyses presented with our application uses the standard ITE trip generation for New Car Sales as a basis of comparison with the GMP allowed office uses. We suspect that the ITE manual has not "caught up" with current automotive marketing activities and as a result, the lower differential traffic generation of this site may be even lower than predicted over that of an office or medical office use. For the foregoing factors and those set forth in the attached Commercial Inventory Analysis (Exhibit"C"), this site is a compatible and optimum location for this Honda dealership. ' 8898096 3 129961.0001 • ri AGNOLI II) RBER & UNDAGF ;.., I1 r April 8, 2015 VIA HAND DELIVERY The Intake Team Mr. David Weeks, Collier County Growth Management Division/Planning& Regulation Planning&Zoning Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples,FL 34104 Planner: Mr. David Weeks: RE: Germain Honda Small Scale Growth Management Plan Amendment- PL2014000 1 282 A1313 PN 14-0053 Dear Mr. Weeks, This letter is in response to the County's comments dated March 23, 2015 to our Supplemental Information supplied to you on the GMP-A application of the above referenced project. Responses are provided on the subsequent pages. in bold and italic print, following their respective comments. The following is a list of items included in this resubmittal package for your review: Comprehensive Planning Review Reviewer: David Weeks CPSS-2014-2/PL20140001282 Review Comments regarding 1/21/15 Bruce Anderson Memo and Attachments 1. 1/21/15 Bruce Anderson memo states operational restrictions are contained in the PUD to address compatibility. However,the latest PUD submittal includes no such restrictions or provisions. Please explain. The following restrictions have been added to the PUD in Exhibit"F"Developer Commitments: OPERATIONAL RESTRICTIONS: 1, No outdoor paging or amplified Aystems are permitted. 2. The automated car wash, if any, shall have bay doors which will rentain closed during the entire car wash cycle including drying of vehicles. The doors will open only for entry and exit of vehicles. 1 \2014\:4•0O53 Garin.n P ne R d;e&Langston Rd•Mono.\fair,:pondence+\Gocvmen,\GMP-A Rr..onm 1,4 up. - _ .1In',r.et rp.Oaytd Weeks\8spoet,Letter-Siepptntenvi• In( ■mat n•44-201',docx 3. The service area will be enclosed. 4. The service door facing east will employ an automatic opening and closing `speed door' to minimize noise transfer to only those times when a vehicle is exiting the service area. All other times the service door will be closed. 5. No gasoline storage or fueling tanks shall be located on the property. OUTDOOR LIGHTING I. All lighting will be shielded from residential areas to avoid glare. Lighting will be a directional type, aimed downward with shielding to reduce glare to adjacent properties. Illumination at all adjacent residential property lines shall not exceed.S foot candles. 2. All lighting will be flat panel fixtures. 3. Lighting on the perimeter of the project will utilize full cut off shields. 4. Any lighting within 50 feet of a residential property line will be limited to 15 feet in height. 5. All lighting will be no more than 25 feet in height. 6. Display lighting will not exceed a 1,000 Watt Metal halide intensity or its equivalent (intensity of LED, or other bulb type). 2. Please explain how subject site is appropriate for the proposed use which is similar in some characteristics to a vehicle storage lot, a C-5 use. The subject property is appropriate for development as a new car dealership which is a C-3 "Commercial Intermediate" conditional use not a C-S use. C-3 uses are identified in the Land Development Code (LOC) to provide a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic,preferably located at the intersection of two arterial roads. The property is located at the intersection of two arterial roads. The subject property directly abuts other non-residential uses with which the proposed use is compatible. A commercial dance studio is on die West side where shows, weddings and other assembly uses are regularly held. To the north is an institutional use, The Community School of Naples. 3. 1/21/15 Bruce Anderson memo states Baldridge PUD is built out at 1 19,705 s.f. which conflicts with data on Collier County Property Appraiser's website as of March 2015. Please rectify or explain. K 12014514•0053 Gym, -v na R dice&L nester Pe Hence\CorrespandenteA0ocumentsl6MP A•Resubmdtu:`ereamer'.':n'orn.• n 1:r:lewd Vreeksl$esconse utter•5vp91imental nfonnation•4•6•2015 dot) There is not land available in this PUD because it is ph►tsically built out. You may utilize the Property Appraiser's information. The PUD was approved for up to 125,000 s.f. of commercial uses. 4. 1/21/15 Bruce Anderson memo refers to the dance studio to the west and Community School of Naples to the north as "regional type uses." If this is intended as a comparison with regional commercial uses, explanation is needed. Staffs original comment was in regard to regional uses versus local uses without the distinction made by the addition of the word commercial. The definition of regional used in this statement was on a countywide basis. Staffs opinion was that the proposed use would draw patrons from the whole County also. Our response was meant to indicate that we were surrounded by uses that had a county wide draw. The Community School is clearly an institutional use, the Dance studio is a commercial use permitted on the existing site via Conditional Use. 5. 1/21/15 Bruce Anderson memo states the existing Honda dealership has experienced approximately a 4/5ths reduction in onsite new car purchaser visitation. Please document. Please refer to the attached letter from the applicant and trade publication attached as Exhibit "E". 6. 1/21/15 Bruce Anderson memo states the Honda Motor Company limits the northerly location to Pine Ridge Road. Please document. Pursuant to a settlement agreement by and between American Honda Motor Company, Inc. ("AMH") and Germain Honda of Naples ("Germain"), an excerpt of which is attached hereto as Exhibit "D", Germain's relocation is geographically limited to no further North titan property fronting on Pine Ridge Road, no further West than US 41, and no further East than half a mile east of Interstate 75. 7. Exhibit A, map of activity centers and car dealerships, is disjointed. Please rectify. Map has been corrected. 8. Exhibit A, map of activity centers and car dealerships, does not include the Mercedes dealership that is included on Exhibit A, dealership list. Please rectify. The Mercedes dealership has been added to the map. 9. Exhibit A, map of activity centers and car dealerships. does not always distinguish between singular and multiple dealerships at same map location as does Exhibit A, list of dealerships. Please rectify. It is suggested to number the dealerships on map to correlate with dealership list numbers. The requested modification has been made 10. On l;xhibit A. list of dealerships. the proposed Honda site should be removed from list. 3 ■014\:4.045 Gun*w Imo die r.g t o nd.\ o ..,G.nC.anu-\.^tune...,\: M, A .., 6. u:.-m,.. „,t.. .t erV,e>-\:, ,.r,.,... . .,.Fr•. In`ormct•, 4 O. -o The Honda dealership has been removed from Exhibit A per.your request, however having this shown gives perspective to our proposal. 11. Exhibit A, list of dealerships, needs to be titled to identify what it depicts. Exhibit A has been tilled 12. Exhibit 13, map and list of owners by zip code, the red text on map face is illegible. Please rectify. The text issue has been rectified 13. Exhibit B, map and list of owners by zip code, the subject site is not identified. Please rectify. The subject site has been shown on exhibit B. 14. Exhibit C. commercial lands inventory analysis, lists three criteria. However. the conclusion introduces two other criteria. Please rectify. Exhibit "C"has been revised to clarify the criteria. 15. Exhibit C. commercial lands inventory analysis,does not include criterion that the site be zoned to allow the proposed use or have PLUM designation that would allow the needed zoning. Please explain why not. Staff requested that we check if there were any other sites within the study area that could accommodate this use. To U.S this meant sites that were commercially zoned. This was further assumed by us after receipt of a commercial inventory listing provided by staff to be used in this analysis. We believe our analysis complies with the direction we were given initially. The clarification regarding current commercial zoning has been added. 16.Exhibit C. commercial lands inventory analysis.does not include criterion that the site be vacant or undeveloped. Please explain why not or expand the inventory as necessary. This clarification has been added. 17. In Exhibit C. commercial lands inventory analysis, please explain why one criterion is a 10-12 acre size threshold when a small scale GMP amendment is limited to 10 acres maximum. The original search criteria of 10-12 acres had nothing to do with the subsequent decision to utilize the small scale amendment process for this specific property. 4 \20i4\i4-OOS)Oama n o na A deo$t r,Ystcr p<!-nc.•,4,Cots,s;wnd,nottltico n ontsld.MG A Aosubmna. me,ta.+nt.•-ra;on'o,Dowd W000slAosponlo lama Svpptman.a' i n!oomatvn-4•&70':S.aeot 18. In Exhibit C', commercial lands inventory analysis, what is basis for 10-12 acre size threshold — which is double the size of existing Honda location? If this is a site requirement of the applicant, please explain; if this is a requirement of Honda Motor Company, please document. It might be helpful to include a size comparison of the other auto dealerships in Collier County. As per Exhibit "D"American Honda Motor Company, Inc. requires a minimum size of 5.87 acres. This figure is a net area and does not include regulatory requirements such as buffers, open space setbacks, stormwater, utilities etc. addition of these areas bring the total needed site area to 10-12 acres depending on property shape. 19. In Exhibit C, commercial lands inventory analysis, the Urban Estates Planning Community is excluded as being too remotely located yet it lies immediately to the east of the subject site, across Livingston Road — and contains a site previously pursued for zoning change to accommodate the proposed use by this applicant. Please provide plausible explanation for the exclusion or include it in inventory and analysis. The Honda Settlement Agreement(Exhibit "D")limits the new dealership site to no further east than /2 mile from 1-75. Estates zoned land was not considered because the land is not already zoned commercial. 20. In Exhibit C,commercial lands inventory analysis, please identify each PUD name in the "Zoning"column. The PUD name has been identified in the Zoning column. 21. In Exhibit C, commercial lands inventory analysis, no analysis provided for the East Naples parcel zoned C-4-BMUD. Please explain why not or provide the analysis. This parcel is surrounded by residential uses, has poor access and would not be considered by a commercial developer for use as a new car dealership. 22. In Exhibit C, commercial lands inventory analysis, details (aerial map and property summary sheet from Property Appraiser) are provided for several properties that are not zoned, nor designated on FLUM to allow zoning, to allow the proposed use, e.g. golf course parcels. Please explain why or remove that data and analysis. The properties were included in the raw data provided by staff and were therefor included. 23. In Exhibit C, commercial lands inventory analysis, there is no inclusion of parcels not zoned to allow the proposed use but with FLUM designation that would allow for such zoning. This could include, but may not be limited to, several parcels within Activity Centers. Please add to inventory and analysis. k\2014%14.0053 Germ.n-P no R!ts&L v ire srrw..Re•'foods WurrospondoncrokOocumonts\GMPA R.•ubm itallru p man: inrc Tar on for Do.o Waaor\Rasoona,Lef? r Soup!mental Inlormaton 4 8.2015 door Properties within activity centers were reviewed by the developer and were found to either be unavailable or insufficient for his use. 24. In Exhibit C, commercial lands inventory analysis,otherwise eligible properties in excess of 12 acres are excluded from analysis though the potential exists to split off the necessary acreage for the proposed use. Please provide plausible explanation for the exclusion or include such parcels in inventory and analysis. Properties in excess of 12 acres were excluded precisely because it would require finding a seller willing to split off a parcel of this size.Staff requested that we check if there were any other sites within the study area that could accommodate this use. To us this meant sites that were commercially zoned and available. This was further assumed by us after receipt of a commercial inventory listing provided by staff to be used in this analysis. We believe our analysis complies with the direction we were given initially. The clarification regarding current commercial zoning has been added. 25. In Exhibit C, commercial lands inventory analysis, there is no indication that parcels less than 10 acres were evaluated though there is potential such parcels could be aggregated to achieve the desired parcel size. Please provide plausible explanation for the exclusion or provide the evaluation and include in inventory and analysis. Properties less than 10 acres were excluded precisely because it would require finding and assembling properties from disparate sellers. Staff requested that we check if there were any other sites within the study area that could accommodate this use. To us this meant sites that were commercially zoned and available. This was further assumed by us after receipt of a commercial inventory listing provided by staff to be used in this analysis. We believe our analysis complies with the direction we were given initially. If you have any questions,you may reach me or Bruce Anderson by telephone 239-597-3111 or email(ii ini i r abk�ira., H1i). Sincerely, AGNOLI,BARBER&BRUNDAGE, INC. 6267„.‘ci L Dominick J. Amico,Jr., P.E. Project Manager c: R. Bruce Anderson, Attorney at Law, Cheffy Passidomo, P.A. Telephone: (239) 659-4942 direct Email: rbanderson.q ttaplesitln.com DJA'jee Enclosures 6 K\20 4\14.GC Sr Germ.r.•L no R,sge&i.Ms stun ad-Honda\Co•a-pandencro\Docomentr\GMP-A-P,,oRmflai Suv-6 re nta:inform.t•on to•Day WeaK,V ,pon,e ante,-%poi menu! info,".too 4•e-:01:doe ■ / 20 17 C.R. 888 V. " 8 Germain Lexus of Naples c\ , 18 17 16 15 ,s �r n �� 1`y,_10 G sin Toyota of Naples 2 _9 Germain Scion D� 21 / 23 /124 19 't 20 21 22 c L C.R. 846 L.,( 6 'IL C.R. * 1 • 28 26 25 30 29 28 27 Vella 33 • �, 35 3� 31 32 33 3e i 1 � � ►--._ ,� . - C.R. 862 11 Naples Dodge-Chrysler-Jeep M 5 4 13 Nap.lee Mazda ( 19 Tamiami Hyundai N c�j t I D(1 Bob Taylor Chevolet d 12 13 I 10 ,! 9 / 1 f 12 Proposed Germain Honda Site 1t II C.R. 896 ' r�*` C.R. 896 if 2 Devoe Buick 13 Q 18 120 Naples Nissan 16 t+ 4 Devoe GMC p 5 Devoe Subaru 0 i• I ., ,. 6 DeVoe Suzuki co in 1 I ;----23 24 Z 19 i 20 15 21 2 _ 3 DeVoe Cadillac' O 5 d O J /i...:1; r ,„,. _ 30 28 27 26 25 C.R. 886 29 2 ilib- [ 15TamiamiFord 1 16 Tamiami Mitsubishi 33 36 I_ 31 32 33 35 12 Naples Kia l 1 R. 856 17 Mercedes Benz of Naples 18 Audi Naples 114 Naples Motorsports 1 4 IA .. 7 Existing Germain Honda / _ s.R. .B _ 1111 Z- f 16 `� Q ..,.. 7 8 9 s _ . 10 1 12 w �,\ tJ , n !e{;wt, COLLIER COUNTY ACTIVITY CENTER INDEX MAP DIRBFR ri, pp 16 17 16 . 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OJl. dO lam:/ O z C ell M Cr; U Ul Ol v d a, E o U U rl m e-1 L() M N e1 71- M e--1 O O R O et et N N rt e•-1 e1 e1 0 0 0- e1 01 00 00 N N Lr1 1n If) u1 u- M m e1 0 0 0 0 0 0 0 0 0 N e1 T a-, C Q Cu u L 0_ C O m 0 CO 10 N N LID M LO LC) N N CO O O LO M LD m Cr; N M r1 ct C O C) lD 01 N m m M N C 00 N O et LD A N N r1 e-1 0 m O O C) Cr) 00 CO � ID L u'1 to et et m e--I 0 O 1 e1 e1 ea c E o c = z C 01 O1 O N 0 VD O M u1 C CO t` m N N C lD M O) CO 0 O 0 n rl O N e--1 O r1 e-1 r1 d' O e-1 O e-1 O O Ct O d' m M O , 0 Cr rf rl rl e--1 rl rl rl r-1 e1 e1 e1 e1 e1 e1 e1 e1 e1 e1 rl r-1 ri rl ■1 rl rl O Tr Ct' ct ct d' ct cr cr cr cr cr cr d- cr cr cr d' ct c1' cr cr O M M M M M M M m M M m m m m M m m m M m m M m M m A_ C) o a U N Exhibit `°(' AGNOLT BARBER & BRUNDAGE, INC Professional Engineers, Planners & Land Surveyors 7400 Tamiami Trail N.,Suite 200, Naples, FL 34108 Phone(239) 597-3111 Fax: (239) 566-2203 MEMORANDUM Date: April 8, 2015 To: David Weeks, Mike Bosi, Mike Sawyer From: Dominick J. Amico, P.E. Subject: Germain Honda Commercial Lands Inventory Analyses Collier County Comprehensive Planning Department has requested an analysis be performed regarding the availability of other commercial zoned property onto which the Honda project could be located. The County supplied zoning inventory spreadsheets for the following commercial planning districts: Central Naples, East Naples, Golden Gate, Marco, North Naples, South Naples, Urban Estates, and Royal Faka Palm. The analysis criteria used were as follows: 1. Vacant commercially zoned no farther north than and fronting on Pine Ridge Road with minimum 500 ft of frontage no further east than %z of mile east of 75. 2. No environmentally sensitive areas Based on the analysis criterion 1, the planning districts of Central Naples, East Naples, Golden Gate and South Naples were analyzed. Marco, Urban Estates, and Royal Palm Faka were not considered as they are too remotely located for a new car dealership. North Naples was not considered since it is north of Pine Ridge Road. Central Naples: Three parcels meeting the criteria were located in the Central Naples district as follow; Folio Number Acreage Zoning Current Use Ordinance 00258974001 12.6 CPUD Vacant PUD 91-10 80470040005 12.1 PUD Part of Wyndemere GC PUD 81-4 47790130023 11.8 MPUD Golf Hole in Grey Oaks PUD 89-6 East Naples: One parcel meeting the criteria were located in the East Naples district as follow; Folio Number Acreage Zoning Current Use Ordinance 61841080008 10.0 C-4-BMUD Vacant comm in exist Not PUD residential community Golden Gate: Three parcels meeting the criteria were located in the Central Naples district as follow; Folio Number Acreage Zoning Current Use Ordinance 23945007103 12.5 PUD Built Out PUD 3-1 Berkshire Lakes 36316320008 12.2 C-4 Built Out No Ordinance 00400960009 10.3 MH Mobile Home Park No Ordinance South Naples: Three parcels meeting the criteria were located in the South Naples district as follow; Folio Number Acreage Zoning Current Use Ordinance 55425005305 10.5 PUD Lely Resort Golf Course PUD 99-23 55751002140 10.4 PUD Lennar Golf Course PUD 98-3 Wentworth Estates As evidenced by the tables above, only one parcel meeting the analysis criteria 1-3 on the first page. Parcel 00258974001 which is zoned as the Hiawasse CPUD is located on the west side of Livingston Road just south of Pine Ridge Road on the south side of the Livingston Road detention pond. The Hiawasse land is vacant and is encumbered by the same FPL easements as on the currently proposed Honda site (Exhibit attached). While the easements are basically in the same arrangement as on the subject site, there appear to be more poles and lines physically installed in the ground which will make it more difficult to use the area for vehicle storage. FPL Consent of Use requirements (see attached) will not allow required parking in the transmission easements, but they will allow for non-required parking such as inventory storage. The site zoning is CPUD, however it too does not exist in an Activity Center. Review of the PUD documents indicates that this site is zoned for use as a self storage facility. The PUD specifies that most if not all of the FPL easement area is to be used for a buffer to the adjacent residential (Kensington single family adjoins the site to the west). This site backs up to existing residential, and therefor is less compatible for this use than the currently proposed site which only abuts uses of a commercial/institutional nature. Conclusion: There are no other similarly sized, vacant, commercial zoned properties in the study areas that are more compatible and appropriate for this use than the site currently under consideration. List of Exhibits: 1. Central Naples District Information (spreadsheet, aerials and data cards) 2. East Naples District Information (spreadsheet, aerials and data cards) 3. Golden Gate District Information (spreadsheet, aerials and data cards) 4. South Naples District Information(spreadsheet, aerials and data cards) 5. 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Name I Address LIVINGSTON PRO CENTER LLC 719 HICKORY RD City NAPLES State FL Zip 34108-3315 Map No. Strap No. Section Township Range Acres *Estimated 4A13 000100 218 4A13 13 49 25 12.55 Legal 13 49 25 THAT PORTION OF THE E1/2 OF SEC 13 AS DESC IN OR 4105 PG 2035 Millage Area 0 104 Millage Rates 0 *Calculations Sub./Condo 100 -ACREAGE HEADER School Other Total Use Code 0 10 -VACANT COMMERCIAL 5.58 5.6697 11.2497 Latest Sales History 2014 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 1,408,828 09/14/06 4105-2035 $ 4,000,000 (,.) Improved Value $ 0 f-) Market Value $ 1,408,828 (-) Assessed Value $ 1,408,828 School Taxable Value $ 1,408,828 (-) Taxable Value $ 1,408,828 If all Values shown above equal 0 this parcel was created after the Final Tax Roll about:blank Page 1 of 1 Collier County Property Appraiser 6MN.l. 1 Lium i I LA O! O`�IEA COpy i s-s j y,:,I ...• .41 i Zcx'm j' , r e r ,. , ...,, ty,, IL AV!) . 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At.- . . fail ooptirmr-, -4,.91„10,-.:..,,p 44111 ,,4,, 1 n.. mfir PhobQ.pfy:40.ry UtWn•2014•Rteit•2014 1/7/15,9:09 AM Collier County Property Appraiser Property Summary Parcel No. 80470040005 Site Adr. itTarrie 1 Address WYNDEMERE COUNTRY CLUB INC 700 WYNDEMERE WAY City NAPLES State FL Zip 34105-7119 Map No. Strap No. Section Township Range Acres *Estimated 4B19 699100 GC 14819 19 49 26 12.28 VILLA FLORESTA AT WYNDEMERE, PH I THAT PAR OF LAND FURTHER DESC AS FOLL: COMM AT NW CNR OF LOT 65, RUN SELY ALG ARC OF CUR CON TO SW 116,90FT, S 54 DEG E 206.74FT, SELY ALG ARC OF CUR CON TO NE 213.23FT, CONT SE ALG ARC OF CUR CON TO NE 86.41FT, N 85 DEG E 382.10FT, NELY ALG ARC OF CUR CON TO SW 168.29FT, NELY ALG ARC OF CUR CON TO NW 148.28FT, N 74 DEG E 319.37FT, NELY, Legal SELY, SWLY ALG ARC OF CUR CON TO SW 362.78FT, N 84 DEG E 59.33FT, N 10FT, E 367FT, N 89 DEG W 2246.01FT, S 30 DEG W 181.43FT, S 48 DEG E 77.60FT, NELY ALG ARC OF CUR CON TO SE 149.37FT, SELY ALG ARC OF CUR CON TO NE 19.73FT, S 89 DEG E 16.97FT, SELY ALG ARC OF CUR CON TO SW 27.07FT, SELY ALG ARC OF CUR CON TO NE 9.84FT, S 89 DEG E 92.26FT ALG ARC OF CUR CON TO SW 79.26FT, N 18 DEG E 130FT TO POB, OR 1362 PG 1507 Millage Area O 104 Millage Rates O *Calculations Sub./Condo 699100 -VILLA FLORESTA WYNDEMERE PH 1 School Other Total Use Code 0 38 -GOLF COURSES, DRIVING RANGES 5.58 5.6697 11.2497 Latest Sales History 2014 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 83,504 07/05/88 1362-1507 $ 8,607,300 (+) Improved Value $ 0 (°) Market Value $ 83,504 t-) Assessed Value $ 83,504, t-f School Taxable Value $ 83,504 (=) Taxable Value $ 83,504 Roil about:blank Page 1 of 1 Collier County Property Appraiser 7 ucl;, ( "AO,: j ui!YI+¢+ I LA11011 j 1SS COL,,,` t p K + loom• ti ,... 4) >C gyp,N��k , , eta eq-a K .. ♦Introduction P '� ' 'y w7r' "t� i F • r ♦Search for Parcels by .x y . y Mas» Search Results b •,� '" N� > tot Fun Folio Numbs 47790130023 w �' V Name:GREY OAKS COUNTRY CLU8 INC 4t►• ' F rvvrtr 8tr��Nam.:NO SITE ADDRESS °¢ ♦ Layers } `117 lie('''W.* i Clear 4 Legend .. ar. :. 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Name l Address GREY OAKS COUNTRY CLUB INC 2600 GOLDEN GATE PKWY City NAPLES State FL Zip 34105-3227 Map No. Strap No. Section Township Range Acres *Estimated 4A24 388370GC17 14A24 24 49 25 11.97 Legal GREY OAKS UNIT EIGHTEEN TRACT GC-17 Millage Area 0 70 Millage Ratgs 0 *Calculations Sub./Condo 388370 -GREY OAKS UNIT EIGHTEEN School Other Total Use Code 0 38-GOLF COURSES, DRIVING RANGES 5.58 5.6697 11.2497 Latest Sales History 2014 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $70,560 05/17/10 4577-2460 $ 0 (+) Improved Value $ 0 (-) Market Value $70,560 t-> Assessed Value $70,560 (-) School Taxable Value $ 70,560 (-) Taxable Value $ 70,560 If all Values shown above equal 0 this parcel was created after the Final Tax Roll about:blank Page 1 of 1 ) East Naples Planning District Information Exhibit 2 to Exhibit "C" E r it 0 i a 0 g 1 E a e I 0 t a D, G 2 n V.8^T A i.j,4'4 n`j'»'� l end O.°�'d d R§d§ xg C a°+d°.°.^.,d m 2:.-1iW°. ..fiF�fi�.oat 2t�S3fio Siff ,n,'am m 2 e ei i D. o Y 2 E O 1 V 0 V 4 Y C 2a��aada��V��ndagaaa �5zW � ��aaa o T•. a O 6 6 O. 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' , Marva a* t.JT . 1 4. of Pa Aii" . • r Introduction _ I pF a �� y 4 Search for Parcels by e Search Results rf, ., d,x. FuO Folio Number:61841080009 t IF dF r' • Name:GULFVIEW DEVELOPMENT LLC - StrresttO i Name:NO SITE ADDRESS i , r r ¶ , 'It r 1 - tv •Layers ...L -; s + , � Some " - te '. r�.. •Legend tr.. ,.... r Gram •Print e'• 4 " • it r •Home Page a ,*' 1rA ` ' 111111 1. Help r :� . + ,. `, I. :5r �„ Axial Y J a A� s '± 2014 kikAt rt: T ' . : .»+ ck f ,,a 't ,;*' SalesYI r OFF , It 0 . 0 , , , ... ,, ii t a . ,.. %,,,. ' htYJ Paataeaptiy January Urban•20t4.Rural•X14 1/7/15,9:12 AM Collier County Property Appraiser Property Summary Parcel No. 61841080008 Site Adr. Name I Address GULFVIEW DEVELOPMENT LLC 6560 HIGHCROFT DR City NAPLES State FL Zip 34119 Map No. Strap No. Section Township Range Acres *Estimated 5A14 504400 113 5A14 14 50 25 9.6 Legal NG + TCLFNO2145025 LOT 113EXCR/W10AC Millage Area 0 63 Mlllage Rates 0 *Calculations Sub./Condo 504400 - N G & T C L F UNIT 2 School Other Total Use Code 0 10 -VACANT COMMERCIAL 5.58 8.5801 14.1601 Latest Sales History 2014 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $665,000 12/03/03 3454-1998 $ 1,100,000 (+) Improved Value $ 0 08107100 2707-1284 $ 0 08/07/00 2707-1282 $ 475,000 (°) Market Value $ 665,000 12103/91 1675-1108 $ 150,000 (-) Assessed Value $665,000 (-) School Taxable Value $665,000 (-) Taxable Value $ 665,000 If all Values shown above equal 0 this parcel was created after the Final Tax Roll about:blank Page 1 of I Golden Gate Planning District Information Exhibit 3 to Exhibit "C" a' A 2 r S y .• . yN v ti • 3C s (� �. — v .. 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Search Results l Folk)Number.23945007103 f Name.REM BERKSHIRE OMMONS LLC t , l>4 i , Streee R Nune:7301 RADKRO , .4,EMI y� t : ` , ` .•♦Layers t Jr' ":" l'• t {� , j •Legend : .., , "ri •Print " .�. , ` s'"i."'s• , :7,2. 4 " '' ?• 7- or •Home Page c g rr ,A P".' .',.•• e Asriai Y le Help , 1::.;:;,,,,,, ' ?011 ` L 4 I" F ,' n - ) Sales it t/r i -% a.'f OFF, . . , . Vii. „ I 1/w t try ' ikA, _igr.,_ A.n.!Photography.January Uron 2014.Rum 2014 1/7/15,9:51 AM Collier County Property Appraiser Property Summary Parcel No. 23945007103 Site Adr. 7301 RADIO RD Name/Address REG8 BERKSHIRE COMMONS LLC % PROPERTY TAX DEPT PO BOX 790830 City SAN ANTONIO State TX Zip 78279 Map No. Strap No. Section Township Range Acres *Estimated 4B32 184600 F 1.54832 32 49 26 12.51 Legal BERKSHIRE LAKES UNIT 1 PT OF TR F REF AS BERKSHIRE COMMONS PH I DESC IN OR 1927 PG 2031 Millage Area 0 202 Millage Rates 0 *Calculations Sub./Condo 184600 - BERKSHIRE LAKES UNIT 1 School Other Total Use Code 0 16 -COMMUNITY SHOPPING CENTERS 5.58 6.7293 12.3093 Latest Sales History 2014 Certified Tax Roll (Not all Sales are listed due to Confidentiality) ;,t#,j...c t ?c, ..!1.1 t 11 p,_t Date Book-Page Amount Land Value $ 3,841,792 07/01/09 4472-925 $0 (+) Improved Value $4,815,765 03/25194 1927-2031 $ 10,300,000 07/01/91 1635-531 $ 7,500,000 ('} Market Value $8,657,557 0-) Assessed Value $ 8,657,557 0-) School Taxable Value $ 8,657,557 (=) Taxable Value $8,657,557 if all Values shown above equal d this parcel was created after the Final Tax Roll about:blank Page 1 of 1 Collier County Property Appraiser :4 , ,,oan<.,-.Q r,,,.,? w“q,;r 9 M*d 1 I MEO uM 1 UUt011 I Neill Cpy4, .�_..�... j e # * x � • _ .,....� 40 It ` re,.) ...,,,. , _ sternio , 4014111401k i 4 Introduction ' 4 fr 4 Search for Parcels by ,r ,4°^ a e Search Results @ ' j cun✓. \• Folio Number:363,6323008 '� I /.f,,, Nam..GATOR GOLDEN GATE ilk- N. ,; e Prrvl. Stree0 S Name 5038 CORONADO PKWY ` ^.q, 5 `Ju v,• imam♦ Layers k yA ' d* r � , rY { eMrt ♦ Legend r y 1 # � •Print - r 1 IHV ♦Home Page 4 Help &- 41. r ; .; *. m. r , ., MOM Y j:w- ,. .. et, 1 2014 w it >A t a OFF Av4 . it 4' itift J 4 b �. a t, AIMS!oe.t.Q•A+Y binary(Am-mU-aura•2014 1/7/15, 9:53 AM Collier County Property Appraiser ,-� Property Summary Parcel No. 36316320008 Site Mr. 5038 CORONADO PKWY Name I Address GATOR GOLDEN GATE LLC 1595 NE 163RD ST City NORTH MIAMI BEAC State FL Zip 33162-4717 Map No. Strap No. Section Township Range Acres *Estimated 4828 324100 200 54828 28 49 26 12.28 GOLDEN GATE CITY UNIT 6 COMM SW CNR BLK 200& A PT ON NELY LI OF 20FT ALLEY, N 51DEG E 800FT TO POB, N 38DEG W 357.03FT, N 716.60FT, E 435 FT, SELY 452.01 FT Legal ALG THE ARC OF CRV CONCAVE TO THE SW, S 51DEG W 344.52FT, S 38DEG E 275FT, S 51DEG W 60FT, N 38DEG W 200FT, S 51DEG W 230FT, S 38 DEG E 200FT, S 51DEG W 408.19 FT TO POB Millage Area 0 20 Mire Rates 0 *Calculations Sub./Condo 324100 -GOLDEN GATE CITY UNIT 6 School Other Total Use Code 0 16 -COMMUNITY SHOPPING CENTERS 5.58 7.0339 12.6139 Latest Sales History 2014 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 2,111,408 05/12/11 4682-2327 $ 6,304,000 (+) Improved Value $ 3,646,360 09127/99 2595-1317 $ 7,400,000 11/10/88 1393-2223 $ 4,250,000 (') Market Value $5,757,768 11/01/87 1309-556 $ 0 (-) Assessed Value $ 5,757,768 10/01/85 1161-1079 $ 1,569,000 t=1 School Taxable Value $ 5,757,768 lat Taxable Value $5,757,768 If all Values shown above equal 0 this parcel was created after the Final Tax Roll about:blank Page 1 of 1 Collier County Property Appraiser h<.of* 4,0P0 Mg DO%4 •1fnBaf„MN Derr•^ SMALL i YEpUU i LAaO, I A. :',',:":"- ,,) ..... ,, . . r--"• fed. ♦ Introduction `r a ,.. _,<: ' t r S'21 i' . tA/1a'ia- ♦ Search far Parcels by ; 1 -I *. •.-- . �G _, Itt7r 11 Search Results of ?, -1�.;+'a--9` - .� i "' '' .r R•Folio Number:00400960009 `.,, '-^-..�` -..•. �-`4.A.a. Y r f.11.F �IRF Na .m ,VAMOEWERtiEN.C=&MARY ��"' � � ' 5ueerk S Name.6380 RAUIO RD -k t. i.4 '*w -tip. �' `' o r ;.I� - p � ! 3� — s x 2cnm ♦Layers ! i i '" t °�u r•♦Legend k � < , 1 1 ♦ Print ? '% '.. !! ;-ti . „= f Y_ ♦Home Page i 1.,' .� ! Till 1 ,_�, � r �°- 1' l --4',- ♦Help .' ` 1i—'L . Aati�Y s ,y ...--S t, . � 2614 ill i# I.,- " 4 ��r 1 _ _ 4 saw/. « MP fil' y fi i M ' MAM Obb0i JrMn7 U4we-2014•RuY•2014 1/7/15, 9:55 AM Collier County Property Appraiser f�-v Property Summary Parcel No. 00400960009 Site Adr. 6380 RADIO RD Name 1 Address VANDEWERKEN, C=8 MARY C & MARIANN VANDEWERKEN JR 6380 RADIO RD LOT 55 City NAPLES State FL Zip 34104-4176 Map No. Strap No. Section Township Range Acres *Estimated 5B06 000100 010 5B06 6 50 26 9.63 Legal 6 50 26 W1/2 OF E1/2 OF NE114 OF NE1/4, LESS R/W 9.63 AC OR 467 PG 464 Millage Area 0 275 Millage Rates 0 *Calculations Sub./Condo 100 -ACREAGE HEADER School Other Total Use Code 0 28-PARKING LOTS, MOBILE HOME PARKS 5.58 6.5293 12.1093 Latest Sales History 2014 Certified Tax Roll (Not all Ia itd �h,f,?n t'onficientiai tee) (Subject to Change) Date Book-Page Amount Land Value $ 1,150,890 07/01172 467-464 $ 19,500 (4.) Improved Value $ 22,150 (=) Market Value $ 1,173,040 (-) 10% Cap $ 358;934 (=) Assessed Value $ 814,106 (=) School Taxable Value $ 1,173,040 (-) Taxable Value $ 814,106 If all Values shown above equal 0 this parcel was created after the Final Tax Roll about:blank Page 1 of 1 South Naples Planning District Information r-. Exhibit 4 to Exhibit "C" g it z to /%yam iz X �N r1 u� m N �n v� n o c N op ri w Q m N r, O n c, pp p O� pp 8 pp 8 m y 8 8 O pp ni 8 00 r1 N N Ul O a m Ill O� m Q ° A O VI r1 �y p m oi IT// O (T`! I•. 1 0 0 0 0 0 0 0 4 ,6 O O O O m O ry N o .-� m '^. N �o �o • m rnba lOJ O q?f�� ry m p Np No ° a ° Ny o a uD N On of 0) n o No rN i et ram O Q �+ ry tl, N .�+ ,D ..1 N .-. .N-1 O „U1, '"' < .mow oN o N m O a N O O O O O O . d O CO O N O 1 M . . . . . . rtl .. N N N N N .-. N N m N N N N N N M N N m .- N . N .+ .. 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M M N T T M m m N m M m N M m m M ry M m M T m N N A M M 01 M m Z YYYYYYr111111 - -_.._._._.-.-. __._-..-_.__ ....._._._.__-...- Z 1 pp om0 aD �f o(� mm pppp m 0m0 00 0pDp o0 oD m o u pp * M m A A N A A m m m ,•1 m N ..1 * N A m ON P .N-, * p g N N r ON m I.) * A rmi * M ..l N roM o W J r 4 0 O 0 o 0 (0 4) m O N A(0 N.N N N a,m hN m p ON Irp p O N N N N Z p m N N o o N 0 0 N 0 O 0 0 T O O NO N 0 O 0 (0 O N m0 0 N O a O O O N = 8 N m R n N N 8 Q 8 O SO O p 0 N 8 p O p N N N O 04Q O a 8 N N N N m N pp N M N § M p N O O N N O O N NerIM O h 8 O 8 W N 0 0 8 N g 0 0 o N O 0 0O N Oo 01 0 o N O V g O O ,0 N O T N h O M O ll N N UN N N N O N O R0 O N N N N C 0 N ,m O VN N ,N N N O 0 O n N $ N h N ( A pN N O Uo NN ° 4 p 01 a NM a n n A A a UU4$ (1n 10 U o hr to V) (0 VU ( O m n V ` O V4 O N O0 I19 N Collier County Property Appraiser ,-,t R ,eanucM,M Cr •rt.rea•..RI HEV Q I MEDIUM 11.AROI 1 ILON) ' '',..;:." .7:-.:.:‘:-•-,:r ,..- '''- -.. :-. - - a J_ a. 1 /, .. 4 . Pei r, ♦Introduction , .. r c A Search for Parcels by 1t " I Irr•,,•,,, e Search Results V .'y 1 e. rug Co Falb Number 54425OO'53o5 .r ;� s. Name;ASSOCIATED REAL ESTATE SW INC Y ,* r., •- �, � 4: Prr�vlp Street,/&Name:NO SITE ADDRESS v., • 1 View Ina Legend ` i , `"` r ii r. G •Print - + N I °... s- " . � i e _ , , 1 Aerial YYI I•Home Page - +t :Help e} v= y ' 014 T t is # OFF 4- • t �.y . :1 M � ,r. "40. ' .• . 1'I f• �,IAY i 4 .R°` .} iy.,� •fi R w x l 1� �4 ?�-•_'F, �1,-W rb - �-��'r� � �'• Aerie}Phobpephr Tammy Urban-2014.Rini•2014 1/7/15,9:18 AM Collier County Property Appraiser Property Summary Parcel No. 55425005305 Site Adr. Name I Address ASSOCIATED REAL ESTATE SW INC 7995 MAHOGANY RUN LN City NAPLES State FL Zip 34113-1625 Map No. Strap No. Section Township Range Acres *Estimated 5B34 462100GC-2 1.15B34 34 50 26 16.98 Legal LELY RESORT PHASE I TRACT GC-2 , LESS THAT PORTION DESC IN OR 1278 PG 1475 Millage Area 0 245 Millage Rates 0 *Calculations Sub./Condo 462100 -LELY RESORT PHASE 1 School Other Total Use Code O 38 -GOLF COURSES, DRIVING RANGES 5.58 6.2197 11.7997 Latest Sales History 2014 Certified Tax Roll (Not all Sales are listed clue to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 221,761 06101/87 1278-1465 $ 0 (+) Improved Value $ 0 c-i Market Value $ 221,761 l=f Assessed Value $ 221,761 t-f School Taxable Value $ 221,761 (-) Taxable Value $ 221,761 If all Values shown above equal 0 this parcel was created after the Final Tax Roll about:blank Page I of 1 Collier County Property Appraiser :. ..r A ,.Tch0IUC r16N Ora rt. 9 VW SYA1l {YE U'iY 1 Wild I Zoom co+ t _0- . ....,- , ,, , `O . . 44A''') .., , *a a,i r t :A? - t^ r{Yy1 ' e .r-k4 i a„ •Introduction t `'-.: ♦ Search for Parcels by `+ Search Results i °�, "' f„ Fulw Number 55757002.140 Name:LENNAR HOMES LLC ■ < rP !i i*" 4,,o ! 1'rrevio Street*f Name'NO 617E ADDRESS ,,- ,,, � -_. / 00411 ♦Layers o _t •Legend - ♦Print txt 4 Home Page ! t , '# r S, 0,.,-,' •Help ( Aerial p 4 SSW if. [:r, s. OFF % ' 'alp �` . X . - ...;` ajar .` 4 e '4 ;4, f_' ,i M e $k 00t. IL ` "" r flit vj oei'rl AMnet Photoprephy January Urban-1014.Rual-2014 1/7/15. 9.19 AM Collier County Property Appraiser Property Summary Parcel No. 55751002140 Site Adr. Name /Address LENNAR HOMES LLC 10481 BEN C PRATT 6 MILE CYPRESS PKWY City FT MYERS State FL Zip 33966 Map No. Strap No. Section Township Range Acres *Estimated 5B32 467670GC-3 15B32 32 50 26 10.35 Legal LIPARI-PONZIANE TRACT GC-3 Millage Area 0 7 Millage Rates O *Calculations Sub./Condo 467670 - LIPARI-PONZIANE School Other Total Use Code 0 38 -GOLF COURSES, DRIVING RANGES 5.58 6.2197 11.7997 Latest Sales History 2014 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 161,648 11109111 4742-962 $ 100 t+) Improved Value $ 0 (-) Market Value $ 161,648 (-) 10%Cap $ 39,402 t-> Assessed Value $ 122,246 (-) School Taxable Value $ 161,648 t-> Taxable Value $ 122,246 If all Values shown above equal 0 this parcel was created after the Final Tax Roll about:blank Page 1 of 1 O tt� s-. E O as b,4 ►-7 w Exhibit 5 to Exhibit "C" RIGHT OF WAY USE - CUSTOMER GUIDELINES Any use of FPL Right of Way requires a Right of Way Consent Agreement.FPL must have the capability at all times to construct,operate,maintain and restore its transmission and distribution facilities now located,or to be located,within its Rights-of-Way, Any use of FPL's Rights-of-Way by the underlying owner,or owner's assigns,which would prevent 6 or unreasonably restrict FPL from performing these activities,or is considered by FPL as hazardous,is not allowed. Safety is a main concern,so the following guidelines are based on National Electrical Safety Code requirements,as well as good engineering principals and practices. These guidelines are general in nature and may vary in some instances depending upon construction type,easement terms,etc. 1. The following activities,either temporary or permanent in nature,are not allowed within the limits of FPL's Rights-of-Way: A. The placement of structures,buildings,mobile homes or trailers,recreational vehicles, sailboats, satellite receiver systems,towers,swimming pools and associated equipment,cemetery sites,wells, septic tanks,storage tanks,dumpsters,trash,flammable material,building material and disabled vehicles,motor boats,and sailboats. B. Flooding all or any portion of the Right-of-Way. C. Wet retention systems,ponds, and/or lakes. D. Conservation easement and or mitigation areas. E. The use of explosives F. The attachment of signs or other items to FPL's facilities. G. Any activity that might encourage or attract the public to participate in recreational activities which might cause an unsafe condition to exist. H. Operating equipment capable of extending beyond a height of 14 feet above existing grade. I. Storage of equipment capable of exceeding 14 feet in height. .1. The planting of trees,shrubs,plants,etc. capable of exceeding a height of 14 feet above existing grade at maturity,or containerized plants that would exceed a height of 14 feet above existing grade when lifted. K. Fires of any kind,including the burning of any debris,except permitted controlled backing fire. L. Required parking. II. A minimum 75 foot area clear of any activities,measured from each side of the centerline of the existing and/or planned pole(s)/structures,and a linear route(patrol road)20 feet in width in an approved location within the easement,are required to ensure FPL vehicular access to its poles,guys,conductors and appurtenances and therefore can not be used for any purpose. III. The following activities may be allowable,but require an FPL consent agreement: A. Excavation or buried facilities of any kind. B. A change in the existing ground elevation. C. Ditches crossing the Right-of-Way,must provide crossings that meet FPL specifications and are fully permitted by the appropriate jurisdictions. D. Road crossings. Dropped curbing and median cuts of a minimum of 25 feet in width to be provided at locations designated by FPL. E. Fencing,providing the fencing is grounded to FPL specifications,does not prohibit access to structures and 16 foot gates are installed in FPL's patrol/access areas and other locations designated by FPL.Gates must accommodate FPL locks. F. Overflow parking is generally permitted.FPL's expansion and maintenance programs may require the use of a required parking space(s),thereby no longer allowing the requesting party to meet governmental parking requirements. G. Spraying of pesticides provided it is done in a manner so as to prevent the spray from making contact with FPL's facilities. H. Irrigation systems,provided they are constructed of a non-metallic material and do not extend beyond 14 feet above grade. Sprinkler heads must be set to prohibit spray from making contact with FPL facilities. Above-ground irrigation systems are not to be installed within or across FPL's patrol roads or access areas. Underground irrigation systems may cross patrol roads or access areas provided the system is buried a minimum depth of one foot below grade. Owner is responsible to maintain the property according to the county ordinances which apply,including trash removal of dumped items,mowing and trimming existing trees to a height no higher than 14 feet To avoid unnecessary expense,it is recommended that a meeting be held with FPL in the early stages of planning a project to secure preliminary approval of conceptual plans.Final approval can only be obtained after FPL has been provided final construction plans. To arrange a meeting please refer to the FPL Consent Application Form for the necessary FPL contact information. EXHIBIT "D" CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE f This Confidential Settlement Agreement and Release (the "Agreement") is made and entered into by and between Germain On Davis, LLC d/b/a Germain Honda of Naples ("Germain Honda") and American Honda Motor Co., Inc. ("AHM"). Collectively, Germain Honda and AHM are referred to herein as the "parties." RECITALS WHEREAS, the parties presently are engaged in the litigation (the "Protest") captioned Germain On Davis, LLC d/b/a Germain Honda of Naples v. American Honda Motor Co., Inc. and Hanania-Richardson Motorcars, LLC (DOAH Case No. 13-3320) before the Florida Division of Administrative Hearings ("DOAH"), in which Germain Honda seeks a decision pursuant to Sections 320.642 and 320.699, Florida Statutes, denying AHM's application for the establishment of a new Honda dealership, Hanania- Richardson Motor Cars, LLC d/b/a Coconut Point Honda (the "Proposed New Dealership") at a parcel of land in Lee County, Florida, lying on the west side of US 41 (Tamiami Trail S.R. 45), the northeast corner of which is 1 140 feet south of the intersection of US 41 and Williams Road (more particularly described in the Notice published in the Florida Administrative Register on August 2, 2013) for the sale of new Honda automobiles and light trucks("Proposed Dealership Site");and WHEREAS, AHM and Germain Honda agree that further litigation of the Protest is not in their respective interests; and WHEREAS, AHM and Germain Honda desire to settle and compromise any and all obligations owed by them arising out of or in any way related to the Protest; and 1 4. During the five-year period following the execution of this Agreement, AHM agrees that, in the event Germain Honda, in advance, requests approval of a relocation from its Authorized Location of 3707 Davis Boulevard in Naples, Florida, 4 — AHM will approve such request if: (a) in AHM's judgment, which shall be objectively reasonable, the proposed location is an appropriate and competitive location for the sale • and service of Honda vehicles and the location is consistent with AHM's market representation plan; (b) the proposed facility and land complies with all AHM requirements which are attached as Exhibit D), including without limitation the requirement that the location be exclusively dedicated to the sales and service of Honda vehicles and the sale of used vehicles normally associated with a Honda dealership; (c) Germain Honda completes all required applications and planning requirements, including the design process with AHM's design professionals; and (d) the location proposed by Germain Honda is no further north from its Authorized Location than property fronting on Pine Ridge Road in Naples, Florida, no further west than US 41, no further east than one-half mile east of I-75 (as measured in accordance with Section 320.642(7), Florida Statutes)contains a minimum of 500 feet of frontage, and provides convenient access for customers approaching the dealership in both directions. ii. If to Germain Honda Stephen L. Germain, President/CEO Germain Motor Company 4250 Morse Crossing Columbus, OH 43219 sgermainggermain.wm With a copy to: Robert Kennedy-Edwards, General Manager Germain Honda of Naples 3707 David Boulevard Naples, FL 34101 rkennedyedwards.germainfl.com and Anthony M. Lawhon, Esq. Anthony M.Lawhon,P.A. 5625 Strand Blvd., Ste. 512 Naples, FL 341.10 Tonylawhon(alawhoflaw.us DATED: December 20, 2013 Germain On Davis, LLC d/b/a Germain nda of Naples By: ,Ale — ---— DATED: December 20,2013 American Honda Motor Co., Inc. By: Frank A. Beniche Assistant Vice President Market Representation American Honda Motor Co., Inc. 8 ii. If to Germain Honda Stephen L. Germain,President/CEO Germain Motor Company 4250 Morse Crossing Columbus,OH 43219 sgerm ai nna,germ ain.c om With a copy to: Robert Kennedy-Edwards, General Manager Germain Honda of Naples 3707 David Boulevard Naples,FL 34101 rkennedyedwards.germainfl.com and Anthony M.Lawhon,Esq. Anthony M.Lawhon,P.A. 5625 Strand Blvd., Ste. 512 Naples,FL 34110 Tonylawhon @lawhonlaw.us DATED: December 20,2013 Germain On Davis,LLC d/b/a Germain Honda of Naples By: DATED: December 20,2013 American Honda Motor Co.,Inc. By: „ • Frank A.Beniche Assistant Vice President Market Representation American Honda Motor Co.,Inc. 8 1 ai "' c r M0 $a°• �° m „ a,O/ d og �• .'n w o m o Un L� n N � N no } o v m :? �[{imp °o m° '.F U)U)N) --1 V C4,--r N HY ID U) U)7!N i i w C /5a 7 1 k N 44n 1 CD V/ O CO a. -J $ o s .a a ' i la f x '41 W i I 1 i t y d 3 , a 1 i i I. l 'Ag Y S; g N .. #5; —I : la of pi I Q _ ° iIJflh1!dfhji $ t g" Q o � C V r 1 1 5 0 6 3 a IM 0 5 a@ a `u ■ Exhibit "E" UMFINLAMM Honda of Naples HONDA March 30, 2015 R. Bruce Anderson Attorney at Law Chef13? Passidomo, P.A. 821 5th A%enuc South Naples, FL 31102 Subject: Germain Honda Rezone • Dear Mr. Anderson: I .un writing you this letter to supply ,ou with supporting documentation for the Germain Honda PUD Rezone that is currently under review with the Collier Count) Planning and Zoning Department. Enclosed is :tn excerpt from a 2013 study bti the global management consulting line McKinsey and Compan) of approxi1uatcl} 4,500 customers across the United States, Europe and China. This stud) found that the number of dealership visits to buy a car has dropped from .3 to 1 (1.5ths reduction) for sonic brsuxls in some geographic areas. That finding is consistent with ink experience on the reduction of visits to our Honda dealership in Naples by new car purchasers. Should you have any additional questions or require further information please do not hesitate to contact me. Sinccrcl}, I I, 1, Flavio Galasso , Vice President,JAZ ';state Holdings, LLC. c: R. Bruce Anderson,Attorney at Law, Cheri.), Passidomo, P.A. Dominick J. Aiuico, P.L•'., Agnoli, Barber& Brundage, Inc. Attachment. 3707 DAVIS BOULEVARD • NAPLES, FLORIDA 34104 • PHONE (239) 643-4044 WWW.GERMAINHONDA.COM McKinsey&Company Advanced Industries • Innovating •, automotive retail Johtneyt9wards a custome0.centric,mUltifornaat'sales and service x%etwork lila, PIIII!-.ir_... -------„--7.:„.„,,,,i i , ..,,..---.,,, ,..,. 1 ; , ..._.. , L, _ " r7T<•..r,=�r.'w - .N �� L_r..iE rarw.,.arc t •1 77!■ IP .„„.7_,_:„....=_____ ,--.1.71 n --IK ! '00' 0! I!! I!! 'i ,,,...........„„e . ,........_ _. ,fle. 1% ' ituji iiir 7,,.',/ ' ,•' • ' 0 )1 1 L-• , ' 'lifts 1 ti-t, 7---1.----, 7:;,..'A """ --- --4111111kt-0461'.--;::_____ , - '1/4.11 -\- . , , --ir : • . A r ' � t ++ ..,(7---:—",,,:-*/ / ),, .071'. _ _49- ,/,' I iqk ;_,,V, &ill ' / 1) . i 1 ,.., , i 11 ail I , - . , ,e, 1, _I f w,- -4'.° 4 j . , , ) i k .0..:‘,., . ... ._ ___ _ _ A ilW4le Consider a few staggering facts about the changes in automotive retail Roughly 500,000 cars are traded In China, the number of car dealerships on eBay Motors' Web site every year has more than doubled in the last 5 years, while in the US and Europe it has fallen by 15 0 AutoScout24, Europe's biggest online car market place, registers more than 300 million visits on 70/ profiles of cars on offer per month !0 of German automotive dealers registered losses in 2013, up from 9% in the previous year 850/0 of customers still use the dealer touch points, but 1 in 4 customers is not satisfied with his dealer experience in the car buying process The average number of customer visas to dealers before buying a car has dropped from up �} + p to to frequently�u S�7 L 1 for some brands in some geographies one-third More than of customers would consider 80% buying a car online More than of customers take test-drives during the car buying process,underscoring the continuing strategic importance of dealers New-car sale s account for less than 20% of dealer margin in the US and often have even negative returns, but financing and warranties are becoming ever more important as sources of dealer income Almost 90% of customers use dealer Web sites or OEM Web sites in the early steps of their decision making Journey Innovating automotive retail 7 Executive summary McKinsey's 2013 Retail Innovation Consumer Survey,a proprietary analysis of approximately 4,500 customers across the US,Europe,and China,along with other McKinsey surveys and industry analyses shows that automotive retail across the world is undergoing substantial change.Multiple drivers are at work. Changes In customer behavior call for enhanced touch point management.The rise in mobile technologies and social media is redefining interaction and communication patterns,altering customer behavior as a result.Digitization is revolutionizing the sales and service process,and other industries are already leading the way in innovating their retail formats. innovative products and technologies require a sales and service process upgrade.As automo- tive technologies advance,cars are becoming ever more complex.The know-how expected of sales and service staff is reaching ever higher levels of sophistication. __ Industry pressures are challenging dealers'current business model.Networks are consolidating in mature markets as saturation and competition increase.The financial sustainability of traditional dealer- ship models is questionable in many countries. The good news for dealers Is that most customers still rely on them-especially in the decision phase of the vehicle purchasing process.They want to test-drive a vehicle before buying it,and vehicle servicing is still very much an'offline necessity.°Dealerships will therefore remain a crucial touch point in the cus- tomer decision journey. The key will be to transform today's dealer network into a profitable,modern,multiformat sales chan- nel that combines the opportunities of the online world with the strengths of the traditional dealership channel.This will require the introduction of new retail formats and technologies for communicating with customers and supporting the sales and service process.But even more important will be the strategic optimization of the current dealer network.The number of traditional dealerships is likely to go down as a result.Another change anticipated is that dealerships will d fferentiate and specialize In specific areas of the customer decision journey,including the service experience.At the same time,automotive original equipment manufacturers(OEMs)will have to better integrate their various customer touch points,and manage them holistically.The goal of this Integration is to ensure that the OEM's set of touch points fol- lows potential buyers throughout their day-to-day lives in ways that are convenient and informative from a customer perspective. Successfully steering this transition will result in a higher return on new-car sales for dealer networks while also significantly upgrading the customer experience.Those that do not move ahead could find themselves driven out of business in the mid to long run.Advanced dealer networks are already start- ing on this transformation journey,Their early successes are self-reinforcing,as they occupy the best locations,attract most awareness online,and gain faster and better customer Insights via advanced data management,effectively giving them a defendable and sustainable advantage.So there is no time to lose-the time to act is now. 8 Major trends reshaping the automotive retail industry McKinsey has combined existing insights on global trends with research on customer preferences, Its insights•nto the automotive industry,and lessons learned from other Industries.As part of this analysis,we have identified three key trends that we expect to significantly change the automotive retail landscape as we know it today. Changes in customer behavior call for improved touch point management Compared to a decade ago,customers today are experiencing new sales processes in many Indus- tries and categories,such as unique shopping experiences in branded electronics stores,online retail with advanced customer relationship management,including intelligent product suggestions,or seam- less integration of online and offline business.Automotive OEMs and dealer networks are aware of these trends and have started piloting new concepts,accompanied by big public-relations moves. Car buyers nowadays design their decision and experience journey individually from a multitude of dif- ferent touch points,McKinsey's 2013 Retail Innovation Consumer Survey showed that over 80 percent of new-car and almost 100 percent of used-car customers now begin their journey online,meaning that dealers have lost their role as the primary source of information as well as their power over the Informa- tion shared and their ability to influence the customer.As might be expected,the role of online sources is even more pronounced among customers between the ages of 18 and 34.Close to 90 percent of these customers use an extensive variety of online sources-OEM and dealer Web sites,social media, blogs,and forums-to gather information and compare offers,moving the purchasing decision towards the online world.The rise of mobile technologies,tablets,and social media is also redefining interaction and communication patterns,while technological innovations,such as mobile apps,multimedia walls, and 3D configurators,are opening up new opportunities to transform the in-store experience. Consequently,the number of customer visits to a dealer before the purchasing decision is made has tumbled:dealers often get just one chance to strike lucky.McKinsey's research has shown that OEMs and dealers need to fight an online battle to earn the right to get that one chance.This includes optimizing their own Web presence,but also integrating traffic from third-party Web sites,such as Kelley Blue Book,Consumer Reports,or JD Power in the US.Many customers find these third-par- ty Web sites very useful for comparing different models side by side,making it hard for OEMs and dealers to compete for attention in the online space.Customers are increasingly well informed and thus more demanding,while dealers are not yet sufficiently prepared for the new challenges ahead. Innovative products and technologies require a sales and service process upgrade Deep technical understanding of the car and all available features has become a key requirement for any sales person and is gaining ever greater importance as new technologies enter the market,vehi- cles with electrified powertrains,for example,or more advanced Infotainment and active safety tech- nologies.Customers expect dealers to know about more than just the latest models and technical features.They also come armed with questions about new applications and their connectivity to other Germain Honda At Livingston/ Pine Ridge Commercial Infill Subdistrict GMP-Amendment 3rd Resubmittal Prepared By: AGNOLI BRUNDAGE, INC. � ROETZEL Professional Engineers,Planners Lk.Land Surveyors () Submittal Fee $ 9 , 000 . 00 Pre-Paid Credit $250 . 00 Submittal Balance $8, 750. 00 -, .) C C-, ) CHECK CONTROL NO. 1623526 ISSUED BY: SOVKO,DENISE G E R IsiN1,11pNi_ 3sM VFVL 03F4 likliA0P L ES PAGE 1 :;,:.•;." INVOICE ' ''• INV0I.C .': ,. ..r.k)i1c0. .: :•:::: ':,.......: .::a::::::::!:.::::::i:':;:j.:::::::::::::.:,;:;,: 4N %W !::::i:::::::.;:,:::..ii:.::.:':.::•::::::,.;:::;::: ...:' .:; :'::',STOC l< N 0 .:,..6;4:TE:'..'' •.!:. .-.:0 11.0 44:..t4b; ..:: ,..,.,.:.i,..;i,'.::';.:::.:.;:.•:::.:00MMONTA/.. .::'i::::::'::::.: :::..-'Y:i' .P:V.Vt i:::!C:k,.i:A0a0;010;N.W.; •'..':. ' MOUNT 062014 SUBMITTAL FEE FOR JAZ 8 , 750. ( (--■, REAL ESTATE HOLDINGS LLC PINE RIDGE/LIVINGSTON ROAD GERMAIN HONDA OF NAPLES PROJECT 1623526 16*2029 -8 , 750. 0 B3301 16*2803 8 , 750. 0 /—■ TOTAL 2029 8, 750 .00 • • DETACH AT PERFORATION BEFORE DEPOSITING CHECK REMITTANCE ADVICE Trlo Reynolds and Reynolds Company CQ671146 Q(03/12; DOCUMENT CONTAINS A moRED BACKGROUND ON IVNITE RAPER,A SECURITY BACKER READING"ORIGINAL.DOCUMENT.00 NOT CASH IF ANY FEATURE IS AIMING. •:1N'.4'LL.' ,',.:.%-.7.■ GERMAIN BMW OF NAPLES 1623526 ,...- 1 1 286 Tamiarni Trail N. JPMorgan Chase Bank, N.A.ww.ft 162 3 52 663-841 3/2670 NAPLES, FLORIDA 341 10 0-Aft:1';:!;:::: 20JUN14 www.germainbmw.corn :,:.:::.1M:':..,;; : tie A..........r::::f.7:!::F.;::::i:..:..."r r. *******8, 750 DOLLARS 00 1 CENTS X;"'''.'RIVibUNI':.0.t14' d•K" ''''' ******8,750 . 00 53301 ERMAIN BMW OF LES ) PAY AY , / Ar- . /46.a ii .,..i il 'HE COLLIER COUNTY BOARD OF COUNTY COMMISSION, ';', AUTHOR! D SIGNATURE Ifir ,l RD ER 3301 TAMIAMI TRAIL E OF i.. _.4 NAPLES FL 34112 AUTHORIZED SIGNATURE VP' .. . .. ..... . . . . . . . •.._...._._____________________________________. ...._ _ AGNOL I BARBER & BRUNDAGE.I\ , !".■. November 3, 2014 VIA HAND DELIVERY The Intake Team Ms. Marcia R. Kendal, Senior Planner Collier County Growth Management Division/Planning&Regulation Planning& Zoning Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples,FL 34104 Planner: Mr. David Weeks: RE: Germain Honda Small Scale Growth Management Plan Amendment-PL20140001282 ABB PN 14-0053 —Third ReSubmittal Dear Ms. Kendal, The GMP-A Application was initially submitted on July 27, 2014, deemed insufficient and resubmitted on August 13, 2014, deemed insufficient and resubmitted on September 29, 2014 and deemed insufficient. The purpose of this letter is to resubmit (Third resubmittal) the above- referenced project for a Small Scale Growth Management Plan Amendment approval. The project is located at northwest corner of Livingston Road (CR 881)and Pine Ridge Road(CR 896) intersection within Section 12, Township 49 South, Range 25 East in Collier County. Please find the following items included in this submittal for your review: 1. One(1) Application Review Fee check in the amount of$8,750.00; (Paid) Four(4) sets of the following. Each packet will include: • GMP-A Application—REVISED AS REQUESTED • Pre-Application Meeting Notes • Exhibit—I.D. —Project Consultants, including resumes • Exhibit—III.A.—Legal Description • Exhibit—IV.B.—Strikethrough & Underline text— including map • Exhibit—V.A. (1)—General Location Map • Exhibit—V.A. (2)—Proposed 10 Acre Site Aerial Map • Exhibit—V.A. (3)—Existing Land Use Map • Exhibit—V.B. (1)—Existing Future Land Use Designation Map • Exhibit—V.C. (1&2)—Environmental Data Report Page 1 of 2 • Exhibit—V.E. (1) o Existing Services and Public Flacilities Map o Wellfield Map o Florida Power and Light Easement • Exhibit—V.E. (3) o Existing Services o Water and Fire System Analysis o Sewer System Analysis • Letters of Authorization • Deed and Property ID • Transportation Impact Statement If you have any questions,you may reach me by telephone or email (amico @abbinc.com) Sincerely, AGNOLI,BARBER&BRUNDAGE, INC. 4(21 ^—tia4c)k Dominick J. Amico,Jr., P.E. DJA/jee ( c: R.Bruce Anderson Enclosures Page 2 of 2 Gmp _ A Application 0 APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN APPLICATOIN NUMBER PL20140001282 DATE RECEIVED PRE-APPLICATION CONFERENCE DATE June 18,2014 DATE SUFFICIENT This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Department, Suite 400, 2800 North Horseshoe Drive, Naples, Florida 34104. 239-252-2400 (Fax 239-252-2946). The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing. The applicant will be notified in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 97-431 as amended by Resolution 98-18 (both attached). If you have any questions, please contact the Comprehensive Planning Section at 239-252-2400. SUBMISSION REQUIREMENTS I. GENERAL INFOMRATION A. Name of Applicant Stephen I. Germain,Manager Company JAZ Real Estate Holding Company,LLC. Address C/O Germain BMW 11286 Tamiami Trail N City Naples State Florida Zip Code 34108 Phone Number Fax Number B. Name of Agent* R. Bruce Anderson See Attached for Additional Agent • THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company Roetzel Sc. Andress Email Address: BAnderson @ralaw.com Address 850 Park Shore Drive.Trianon Center.3rd Floor City Naples State Florida Zip Code 34103 Phone Number 239-649-2708 Fax Number 239-261-3659 C. Name of Owner (s) of Record R&H Properties.LLC Address 3295 Pine Ridge Road City Naples State Florida Zip Code 34109 Phone Number Fax Number D. Name, Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. SEE ATTACHED DOCUMENT-Exhibit I.D. II. Disclosure of Interest Information: A. If the property is owned fee simple by an INDIVIDUAL,Tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). 1 Name and Address Percentage of Ownership B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Stock C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest D. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership R&H Properties. LLC. Theresa A.Quade 50% Eldanira Ramos 25% Jesus M.Ramos 25%, E. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below,including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership JAZ Real Estate Holdings, 1.I.(' Slepher I., (.ierniaia. NI naer IOU`z - 2 Date of Contract: May 02,2014 F. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address G. Date subject property acquired ( ) leased ( ): Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing: November 26,2014 H. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. III. DESCRIPTION OF PROPERTY: A. LEGAL DESCRIPTION See Attached-EXHIBIT-III.A. Section 12 Township 49 Range 25 B. GENERAL LOCATION NW corner of Livingston Road and Pine Ridge Road C. PLANNING COMMUNITY I-North Naples D. TAZ 171 E. SIZE IN ACRES w F. ZONING A/CU G. SURROUNDING LAND USE PATTERN Commercial.FPL Transmission Lines,School.Residential H. FUTURE LAND USE MAP DESIGNATION(S) Livingston/Pine Ridge Commercial Infill Subdistrict IV. TYPE OF REQUEST: A. GROWTH MANAGEMENT PLAN ELEMENT (S) TO BE AMENDED: Housing Element Recreation/Open Space Traffic Circulation Sub-Element _ Mass Transit Sub-Element Aviation Sub-Element Potable Water Sub-Element Sanitary Sewer Sub-Element NGWAR Sub-Element Solid Waste Sub-Element Drainage Sub-Element Capital Improvement Element CCME Element X Future Land Use Element Golden Gate Master Plan 3 Immokalee Master Plan B. AMEND PAGE (5) 60 OF THE arid L ,c ELEMENT AS FOLLOWS: (Use Strike through to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: tier .Attached[ [VB. C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM TO N/A D. AMEND OTHER MAP(S) AND EXHIBITS AS FOLLOWS: (Name & Page #) Livingston/Pine Ridge Commercial [null Subdistrict E. DESCRIBE ADDITINAL CHANGES REQUESTED: None-See strike thru/underline. V. REQUIRED INFORMATION: NOTE:ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN I"=400'. At least one copy reduced to 8- 1/2 x 11 shall be provided of all aerials and/or maps. A. LAND USE Exhibit V.A(1) Provide general location map showing surrounding developments (PUD, DRI's, existing zoning) with subject property outlined. Exhibit V.A(2) Provide most recent aerial of site showing subject boundaries,source, and date. Exhibit V.A(3) Provide a map and summary table of existing land use and zoning within a radius of 300 feet from boundaries of subject property. B. FUTURE LAND USE AND DESIGNATION Exhibit V.Bt 1 Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands,with acreage totals for each land use designation on the subject property. C. ENVIRONMENTAL i ,ln}fit \ I ; [i Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT-FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN "A" ABOVE. E\[uhit V Ci 2) Provide a summary table of Federal (US Fish & Wildlife Service) and State (Florida Game & Freshwater Fish Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.),Identify historic and/or l archaeological sites on the subject property. 4 D. GROWTH MANAGEMENT Reference 9J-11.006, F.A.C. and Collier County's Capital Improvements Element Policy 1.1.2(Copies attached). 1. INSERT "Y" FOR YES OR "N" FOR NO IN RESPONSE TO THE FOLLOWING: Is the proposed amendment located in an Area of Critical State Concern? (Reference 9J-11.006(1)(a)(5), F.A.C.). IF so, identify area located in ACSC. Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380 F.S. ? (Reference 9J-11.006(1)(a)7.a, F.A.C.) ti 'N Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (1)(c), F.S. ? (Reference 9J-11.006(1)(a)7.b, F.A.C.) Does the proposed amendment create a significant impact in population which is defined as a potential increase in County-wide population by more than 5%of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. Does the proposed land use cause an increase in density and/or intensity to the uses permitted in a specific land use designation and district identified (commercial, industrial,etc.) or is the proposed land use a new land use designation or district? (Reference Rule 9J-5.006(5) F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J-11.007, F.A.C.) E. PUBLIC FACILITIES 1. Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: Exhibit V.E.3 Potable Water Exhibit V.E.3 Sanitary Sewer Exhibit V.E.1.c Arterial &Collector Roads; Name specific road and LOS Livingston Road Pine Ridge Road A Drainage -Site will be designed to SFWMD Standards Exhibit V.E.3 Solid Waste N/A Parks:Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Objective 1 and Policies) 2Exhibit V.Errovide a map showing the location of existing services and public facilities that will serve the subject property (i.e.water, sewer, fire protection, police protection, schools and emergency medical services. Exhibit V.F. 3. Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. 5 F. OTHER Identify the following areas relating to the subject property: N/A Flood zone based on Flood Insurance Rate Map data (FIRM). Exhibit V.1~.2 Location of wellfields and cones of influence, if applicable. (Identified on Collier County Zoning Maps) N/A Traffic Congestion Boundary, if applicable N/A Coastal Management Boundary, if applicable N/A High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (identified on Collier County Zoning Maps). G. SUPPLEMENTAL INFORMATION N $16,700.00 non-refundable filing fee made payable to the Board of County Commissioners due at time of submittal. (Plus proportionate share of advertising costs) '` $9,000.00 non-refundable filing fee for a Small Scale Amendment made payable to the Board of County Commissioners due at time of submittal. (Plus proportionate share of advertising costs) Proof of ownership (copy of deed) N Notarized Letter of Authorization if Agent is not the Owner (See attached form) 1 Original and 5 complete,signed applications with all attachments including maps, at time of submittal. After sufficiency is completed, 25 copies of the complete application will be required. *Maps shall include: North arrow, name and location of principal roadways and shall be at a scale of 1"=400' or at a scale as determined during the pre-application meeting. 6 U lJ Project Narrative And Detail of Request GERMAIN HONDA GMPA/PUD Project Narrative and Detail of Request r`. Project Background: The Collier County Growth Management Plan currently addresses this property as the Pine Ridge/Livingston infll subdistrict in its Future Land Use Element. The subdistrict currently limits the development potential of the property to Office/Medical offices uses. The purpose of these applications is to amend the GMP to allow a rezone which would include automotive dealership as an allowable use and to submit a PUD rezoning request to permit that use in addition to the currently allowed office uses. The Subdistrict currently limits rezoning to a maximum of 40,000 square feet of general office and medical office. The site is located at the northwest corner of the intersection of Pine Ridge Road and Livingston Road and measures approximately 10.47 acres. Only 10 acres are the subject of the Growth Management Plan amendment, however, all 10.74 acres are included in the proposed PUD. Current zoning is Rural Agricultural with a CU overlay to allow for the current retail nursery business. A pair of FPL transmission line easements run the length of the western side of the property from north to south and encumber 225' of the project's western edge. The existing retail plant nursery building occupies a small part of the site on the southern end east of the FPL lines. The nursery currently uses the land under the FPL lines for nursery stock storage and display. Project Narrative and Explanation/Justification of GMPA Approval for Auto Sales The site as stated above is approximately 10.47 acres in size. This project will overlay an automotive dealership on 10.00 acres of the 10.47 acre site and in the PUD zoning process identify the .47 acres remaining will be used for parking,water management and other accessory uses. Usage of the Florida Power and Light (FPL) easements is proposed for vehicle parking and storage, therefore they have been contacted and appraised of the potential project. They issued a letter of no objection to this proposal pending final approval after detailed construction document review and compliance with their consent of use process. The Traffic Analysis prepared in conjunction with this application determines that an auto dealership in the size proposed (60,000 SF maximum) will reduce the number of trips at the Pine Ridge/Livingston Road Intersection over that as currently allowed by the GMP in the subdistrict. Pre -Application Meeting Notes Exhibit — I . D Project Consultants GERMAIN PINE RIDGE/LIVINGSTON ROAD PROJECT CONSULTANTS Attorney: R, Bruce Anderson, Esquire Roctzel & Andress 850 Park Shore Drive Trianon Centre, 3rd Floor Naples,FL 34103 TEL: (239) 649-2708 - Office FAX: (239)261-3559 Email:banderson@ralaw.com Engineer: Dominick J. Amico,Jr.,P.E. Agnoli,Barber&Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples,FL 34108 TEL: (239) 597-3111 - Office FAX: (239) 566-2203 Email: dinic o!(vabbitil'.coni Transportation: Norman J. Trebilcock,AICP,P.E. Trebilcock Consulting Solutions,PA 1205 Piper Boulevard, Suite 202 Naples,FL 34110 '1 EL: (239) 566-9551 —Office (239)248-3883 —Mobile FAX: (239) 566-9553 Email: ntrebilcock @trebilcock.biz Environmental: Andrew Woodruff, V.P. Passarella & Associates, Inc, 13620 Metropolis Avenue, Suite 200 Fort Myers, FL 33912 TEL: (239) 274-0067 — Office FAX: (239) 274-0069 Email: Andy W(eassarella.riet ROETZEL 239.649.2708 239.261.3659 hatirndersory jralaw.corn Mr. Anderson has more than 30 years private and public sector Naples experience in zoning, land use and environmental law in Southwest 850 Park Shore Drive Florida. He represents property owners and national and regional Trianon Centre, 3rd Floor developers of residential, commercial, industrial, mining,and mixed-use Naples, FL 34103 community projects, on issues and matters such as: rezoning, planned unit developments, developments of regional impact, conditional use Chucago permits, variances, environmental issues, land development code 20 South Clark Street, Suite 300 amendments, comprehensive plan amendments, public/private Chicago, IL 60603 partnerships and other growth management permit and development order issues. Mr. Anderson is certified by the Florida Supreme Court as a Certified Circuit and County Court Mediator. 1981, J.D., Stetson University College of Law 1977, Q.S., Illinois State Zoning & Land Use University Real Estate Development Public/ Private Infrastructure Environmental, Energy and Health & Safety Government Relations &Administrative Law Transportation & Logistics Real Estate Home Builders Real Estate & Development Government & Public Sector Environment Transportation Received unanimous approval from Collier County Commission for ROETZEL a.ANDRESS,A_EGA,.''4OFESSIONA_AESOCIA:'Ok ROETZELI y two new 1,000 acre earth mines Received approval from the Collier County Commission for the relocation of the Naples daily newspaper operations to a newly created business park Received unanimous approval from Collier County Commission for Comprehensive Plan amendment to incentivize and quadruple potential number of Transfer of Development Rights (TDR) dwelling units available in Rural Fringe of the county through enhanced environmental preservation and government conveyance Received unanimous approvals from Collier County Commission and Southwest Florida Regional Planning Council for 2,500+ acre mixed use Heritage Bay Development of Regional Impact Negotiated numerous comprehensive plan amendments and project development agreements with local environmental organizations and property owner groups AV® PreeminentTM rating from Martindale-Hubbell Law Directory Named "Land Use&Zoning Litigation Lawyer of the Year"for Naples and Fort Myers by The Best Lawyers in America®(2014) Named "Land Use & Zoning Lawyer of the Year"for Naples and Fort Myers, Florida by The Best Lawyers in America®(2012) Named to The Best Lawyers in America®for Land Use&Zoning Law (2007-2014); Litigation -Land Use&Zoning (2013 & 2014); Environmental Law (2007, 2010-2014) Certified by the Florida Supreme Court as a Circuit and County Court Mediator Professional Affiliations Supreme Court of Florida-County, Circuit Mediator, (August 2008- present) Appointed by former Florida Governor Jeb Bush to the Southwest Florida Expressway Authority(2006-2010) Collier County Republican Executive Committee, (2004.•2010) and General Counsel (2005-2008) Urban Land institute (1999-present) Urban Land institute, Southwest Florida District - Executive Council (2008-present) Board of County Commissioners of Collier County Community Character/Smart Growth Advisory Committee ROETZEL&ANDRESS,A LEGAL PROFESSIONA_ASSOC'AT.ON ROETZEL (2001-2004) Development Services Advisory Committee (1993-2001); Chairman (1999-2000) Land Development Code Advisory Committee (1990-1991) Collier Building Industry Association, Developer's Council (2.010) Governmental Affairs Committee (2000-2002) The Florida Bar, Environmental & Land Use Section Greater Naples Chamber of Commerce Board of Directors (2005-present) Public Policy Committee (2005-present) Leadership Institute Program (2002) Issues Advisory Council (2000-2002) Leadership Collier Class of 1995 Transportation Committee Chairman (1990-1991) Government Overview Committee, Vice Chairman (1989.1990) "2013 Florida Legislative Wrap-Up"-sponsored by Urban Land Institute Southwest Florida and American Planning Association Florida (2013) "2012 Post Legislative Update"- hosted by Collier Building Industry Association, Urban Land Institute Southwest Florida, Lee Building Industry Association, and American Planning Association Florida (2012) "I Won't See You in Court, (Yet)"- Benefits of Land Use and Environmental and Governmental Mediation, Florida Planning & Zoning Association(2011) "Emerging Trends in Real Estate," Urban Land Institute, Soutwest Florida District Council (2010) "Constitutional Amendment Forum" - sponsored by Naples Daily News, Greater Naples Chamber of Commerce, League of Women Voters and Greater Naples Better Government Committee (2010) "Zoning Due Diligence" - 3rd Annual The Real Estate Landscape: The Experts Speak Liven Collier County, Continuing Legal Education Seminar (2007) "The State of Real Estate in Southwest Florida" - Hodges University, ROETZEEL&ANDRESS,A LEGA..^ROFESS,ONA'L ASSOC'ATION ROETZEL School of Business (2007) "From Conflict to Consensus: The Last 10 years of Comprehensive Planning in Collier County" - Leadership Collier Class of 2006 "Transfer of Development Rights" - Naples Area Board of Realtors Continuing Education Seminar (2004) "History of Growth Management in Florida"- Leadership Collier Class of 2004 Florida Illinois ROETZE1.&ANDRESS,A LSGA_?4O=ESS.DNA_ASSOCIAf ON DOMINIC.KJ, AMICO, Jr au Pnlwa Ul��"1R3.{p1Y� VICE PRESIDENT/OPERATIONS 111NOYiwPs4. Principal/Project Engineer Mr. Amico has been with Agnoli, Barber & Brundage since EDUCATION: 1983, focusing his expertise on civil engineering and engineering project management including water Bachelor of Science management systems, and utility and pipeline design, Civil Engineering University of South Florida, 1983 sanitary, hydraulic and hydrologic systems analysis. He acts as principal-in-charge and project manager for numerous PROFESSIONAL REGISTRATION: projects, directing all aspects of the engineering process and Licensed Florida Professional Engineer, assuming responsibility for ultimate quality control. No. 39382 PROFESSIONAL HISTORY: Project management experience includes DRI sized projects including various housing types, golf course engineering Agnoli,Barber& Brundage, Inc. 1983.- speciation, subdivisions, commercial development, Present industrial including government and medical, utilities, It YEARS OF EXPERIENCE:331 zoning, ERP, FDEP, packaged plants, schools, roads and {! other assorted experience gained over the course of the I' AWARDS: past 31 years. 1995 Engineering Excellence, Collier's Reserve As a Southwest Florida resident for more than 40 years, Mr. PROFESSIONAL AFFILIATIONS: Amico is thoroughly familiar with local conditions and issues. He maintains an active civic presence in the Florida Engineering Society community, reflecting his commitment to this area and its NSPE long-term needs. Mr. Amico's talent and local knowledge fICE render him a formidable member of the ABB team. I Bonita Springs Chamber of Commerce: Infrastructure Committee Past Chair As his project experience shows, Mr. Amico is experienced i Board of Directors(past) in a number of civil engineering disciplines. His leadership skills, personal commitment to every project and extensive Lee County: knowledge of Southwest Florida make him an indispensable IBPAC committee member(past) member of the Agnoli, Barber& Brundage team. i } Collier County: FES Review committee,first utility Mr. Amico's areas of concentration within the civil ordinance engineering discipline are stormwater and drainage, utilities I! Kaison Event,Process Improvement (sanitary, potable, reuse), site development, permitting and Adrrvnlstratwe Code review committee zoning, He is especially versed in the latest water quality Architectural Code review committee ; analysis methods, treatment, Best Management Practices, CBIA Builders committee, WC review 11 rules and technology. committee I� County Engineer interview committee Living locally gives him quick access to the regulatory offices 2013 Industry Forum j of agencies such as SFWMD, FDEP, MOT, USCOE, ODES, ect, He is aoie to meet with these agencies with ittle notice to answer questions or provide additional information due to his iocat:on, Norman J. Trebilleock, xCP, PHF,„ TrehIICOCN PrnsidPnt, Trnhilcock Consulting Solutions, P.A. oimiiiilll ormitsaarinlM ,-L Education, data; reviewing/commenting on City prepared plans; finial M,E. in Public Works, University of Florida, 1988 design coordination with City; preparing FDOT permit B.S. in Civil Engineering, University of Miami, 198/ application package; processing FOOT permit application for Professional Registration & certification approval;and follow-up with FOOT RAIs,Ref:George Archibald, f -- ._ � -.---..-- PE,239-213-5004;gpichtholgenaplesuov_rom Professional Engineer, Florida 44.7116 Certified Planner, American Institute of Certified Planners City of Naples Design/Build Decorative Mast Arm at Stn Ave 84 Certification, FDOT Advanced Work Zone Traffic Control 3'i St; OnPower USA - The project provided design and construction services to replace the existing traffic signal span Professional Affiliations wire system at the intersection of 5th Ave and 3rd Street with a American Planning Association decorative mast-arm assembly with pedestrian crossing signals. American Institute of Certified Planners TCS provided plan production and design development for the American Society of Civil Engineers Florida Engineering Society, Calusa Chapter(Past President) project. Responsibilities included signalization, signing and marking plans, maintenance of traffic plans, and coordination Institute of Transportation Engineers with team and City staff, Ref.: George Archibald, PE, 239-213- Illuminating Engineering Society 5004;parchibaldPnaplesgov.cum Society of American Military Engineers Golden Gate Parkway(CR 886)-Managed the planning study Professional Experience for Golden Gate Parkway/Airport Road Grade Separated Mr. Trebilcock directs plan production, design development & Overpass. Also managed the design up to 60%plans for the 3- permitting efforts on public works and private sector projects. mile reconstruction converting a 4-lane rural section to a 6-lane Offering 25 years of professional experience, he specializes in urban section. Traffic operations design includes sidewalks, transportation engineering, including highway design, utility signing, pavement marking, channelization, lighting, and relocation,drainage design, street lighting,signalization,access signalization. Key coordination element was integrating design management and permitting projects. He prepares and reviews into proposed 1-75 interchange at Golden Gate Parkway. traffic impact statements and related reports. He is registered ., by the Florida Department of Transportation as a Small Business Airport-Pulling Road (CR 31)- Between CR 886 and CR 896 (2 Enterprise (SBE), as well as certified in several work groups. miles), 6-caning. Traffic operations design included sidewalks, Mr. Trebilcock manages team members and various signing,pavement marking, channelization,and lighting. subconsultants through contract negotiations, preliminary engineering, permitting, final design, and construction Consulting Engineering Services 4 Coordinated and spearheaded the joint pond agreement administration. He has attended numerous transportation seminars, and has held leadership positions on many successfully executed for the Marbella Lakes project with the transportation-related task forces and in professional societies. FOOT as part of the 1-75 6-laving expansion currently under construction. This agreement helped the FDOT avoid a City of Marco Island Public Works Director(1998-2000) potentially adverse pond site acquisition and resulted in a • Established the First Public Works Operation for the City win-win conclusion. (population 30,000). 4 South Florida Water Management District surface water • Successfully transferred services within 30 days (e.g., parks management permit assistance on more than 40 residential, and recreation, streets and drainage, bridges, waterways, commercial,institutional and highway projects totaling over land development permitting,and beautification). 3,000 acres. Relevant projects include Aster Court Outfall • Developed master plans and multi-year capital replacement, Bald Eagle Drainage improvements, and improvements programs for Public Works. Westlake Outfall Pipe Improvement replacements. • Secured the City's first stormwater quality improvement 4 Provided technical expertise for transportation issues grant from the SFWMD, affecting land development projects including Pelican Marsh, d- Established a successful prlvatlzat on prog'arn for He Pei can Bay, Lely and Grey 0a;<s communities. efficient delivery of services, + Designed street lighting system for Woodlands COD,Airport- !, Initiated citywide signalization, sidewalk, and bridge Pulling Road, Golden Gate Parkway, Vanderbilt Beach Road, improvement programs. and Airport-Pulling Road intersection with Davis Blvd. ! Designed arterial roadway signalization systems for 20 Consultin.q Transportation Engineering& Design Services locations in Southwest Florida, including mast arm and City of Naples Four Corners Pedestrian Signal; Hole Mantes, concrete strain pole installations, v '...Nnr:. - TCS was °esponsibie fo, attending FO0 perrrit r. FDOT Conce;otua< Access oermits for the Northeast , pre-application meeting; rev'ewing traffic/signal coordination Commercial Area at Pelican Bay, Naples International Park, ' and Pelican Mars'?PUD, 'Ye+b icock Consu't'ng Seutions,PA `205 Piper aou,evara,Suite 202 0 Nap,es,FL 34110 0 Phone 239-566-955' e FAX 239-566-9553 0 ANDREW WOODRUFF -� Vice President, Passarella & Associates,Inc. Environmental consultant and ecological services for private and public development and road projects, Services include state, federal, and local wetland and wildlife permitting; agency 'negotiations; environmental impact assessments; ecological assessments; listed species surveys; permitting and relocation; state and federal wetland jurisdictionals; wetland mitigation design; construction observations; and monitoring. Education M.S. Environmental Engineering 1993. Major: Aquatic Science University of Florida, Gainesville, Florida Thesis: Florida Springs Chemical Classification and Aquatic Biological Communities B.S. Biology 1989 Emory University, Atlanta,Georgia A.A. 1987 Oxford College of Emory University, Covington, Georgia Representative Projects Environmental permitting, prescribed burning, and habitat restoration for Lely Main Canal stormwater improvement project. Collier County, Florida. Florida Department of Environmental Protection Qualified Mitigation Supervisor for Little Pine Island Wetland Mitigation Bank. Lee County, Florida Florida panther prey base study and wildlife and listed plant inventory for Florida Gulf Coast University. Lee County,Florida. Florida scrub jay and bun-owing owl survey and habitat management plan for the 5,800±acre Viera East ADA/D I. Brevard County, Florida Wetland hydrology assessment of drained wetlands on Sabal Bay, Collier County, Florida Florida Game and Fresh Water Fish Commission gopher tortoise survey, relocation, and agency coordination for Collier's Reserve, Collier County, Florida, r` 1 Compliance monitoring and ecological assessment of wetland preserves for Hunters Ridge Coif and Country Club, Lee County, Florida, Vegetation mapping, state and federal wetland delineation, and protected species surveys for Carlos Flowway, Lee County, Florida, Continuing Education • Interagency Basic Prescribed Fire Training, Hillsborough Community College. 1993. • Florida Association of Benthologists Annual Keys Workshop. Keys Marine Laboratory, Long Key, FL. October 16-18, 1996. • Shorebird Seminar with Ted Below, Rookery Bay, Naples, FL. January 1998. • Dr. David Hall,Plant Identification Seminar. March 1999. • Gopher Tortoise Conservation Initiative, Gopher Tortoise Management and Mitigation Professional Training Program, Gainesville, FL. September 2001. • Master Wildlifer Program 2003. • Creation and Restoration of Wetlands Course. The Ohio State University; held in Naples, FL. April 2003. • Florida Uniform Mitigation Assessment Method (UMAM) Short Course, University of Florida, Gainesville, Florida, August 2005, • The Florida Chamber's 23rd Annual Environmental Permitting Summer School, Marco Island,FL. July 2009. • COE Regulatory Roadshow, Estero, Florida, September 2009. • Smalltooth Sawfish Workshop,Fort Myers,Florida, November 2009. • Managing for Diversity Across Florida's Unique Landscapes, Natural Areas Training Academy, Orlando,Florida,November 2009. • Southwest Florida Transportation Update, Fort Myers, Florida, April 2010. • Working Across Boundaries to Protect Ecosystems, Natural Areas Training Academy,Apopka,Florida,March 2010. • Environmental LCD Amendments Workshop, Naples, Florida, October 2010. • SFWMD Lower West Coast Partnering Water Use Permit Regulations for Consumptive Use Permits, Fort Myers,Florida, March 2011. • Exotic Species Workshop, FGCU, Fort Myers, Florida, December 2011, • ULI/CBIA Post Legislative Update, Estero,Florida, April 2012, • Conservation Site Assessment & Planning, Natural Areas Training Academy, Melrose, Florida, February 2013, • Summer Grass Identification Workshop, Myakka State Park, Florida, June 2013 2 • Managing Visitors and Volunteers in Natural Areas, Natural Areas Training Academy, Melrose, Florida, October 2013. • Prescribed Fire Techniques for Wildlife, Orange Park, FL, May 2014, Prof ecsionaal ,4 ssociatiorrs Florida Association of Environmental Professionals Local Board of Directors (1999) Society of Wetland Scientists Board of Trustees for the Calusa Nature Center and Planetarium(2007) Certifications Certified Wetland Delineator by the U.S. Army Corps of Engineers Certified Prescribed Bum Manager by the Florida Division of Forestry Graduate Assistantship,University of Florida, 1990-1992 Deans Scholarship, Emory University, 1986-1989 Faculty Scholarship, Oxford College of Emory University, 1986 Alpha Epsilon Delta,National Premedical Honor Society, 1988 Phi Theta Kappa, National Honor Fraternity of the American Two Year College, 1987 Certified Professional Wetland Scientist, Society of Wetland Scientists, 2013 Certificate in Natural Areas Management,Natural Areas Training Academy, 2013 3 Exhibit - III . A Legal Description LEGAL DESCRIPTION (OFFICIAL RECORDS BOOK 3640, ('AGES 2607-2610) 1310N0 A PARCEL OF LAND LYING IN SEC'TION 12, TOWNSI IIP 49 SOU1'11, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, f3F?ING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 510 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUAR'T'ER, LESS THE EAST 30 FEET AND SOUTH 75 FEET FOR ROAD R!GI 1'1'-OF-WAY; LESS AND EXCEPT'DIE FOLLOWING DESCRIBED PARCEL AS SHOWN IN OFFICIAL RECORDS 1300K 3640,PAGES 2609 AND 2610 COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLLIER COUNTY, FLORIDA, SAID POINT OF COMMENCEMENT BEING THE CENTERLINE INTERSECTION OF LIVINGSTON ROAD(C.R. 88I)AND PINE RIDGE ROAD(C.R. 896); THENCE NORTH 00°17'03"WEST ALONG THE EAST LINE OF SAID SECTION 12,A DISTANCE OF 75.00 FEET; THENCE NORTH 89 031'15"WEST,A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00'17'03"WEST ALONG A LINE LYING 30 FEET WEST AS MEASURED PERPENDICULAR TO SAID EAST LINE OF SECTION 12,A DISTANCE OF 1245.7I FEET; THENCE NORTH 89°32'18" WEST,A DISTANCE OF 187.45 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE,CONCAVE TO THE EAST,HAVING A RADIUS OF 5806.33 FEET,A CENTRAL ANGLE OF 02°02'37",AND A CHORD OF 207.07 FEET BEARING SOUTH 09°22'52"EAST; THENCE SOUTH ALONG SAID CURVE,A DISTANCE OF 207.09 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE,CONCAVE TO THE WEST,HAVING A RADIUS OF 5686.33 FEET,A CENTRAL ANGLE OF 06 007`58",AND A CHORD OF 608.36 FEET BEARING SOUTH 07°20'11"EAST; THENCE SOUTH ALONG SAID CURVE,A DISTANCE OF 608.66 FEET;THENCE SOUTH 00 017'03" EAST,A DISTANCE OF 41186 FEET;THENCE SOUTH 45°06'14" WEST,A DISTANCE OF 21.06 FEET; THENCE NORTH 89°31'15"WEST,A DISTANCE OF 385.04 FEET;THENCE SOUTH 00°IT13"EAST,A DISTANCE OF 10.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF AFORESAID PINE RIDGE ROAD; THENCE SOUTH 89°31'15"EAST ALONG SAID NORTH RIGHT-OF-WAY LINE,A DISTANCE OF 480.05 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT, CONTAINING 3,253 ACRES (14;,691) SQUARE FEET), MORE OR LESS, CONTAINING L0,47 ACRES (±) IN THE RESULTANT PARCEL AND LESS AND EXCEPT THE NORTHERLY 0,47 ACRES OF SAID RESULTANT PARCEL, "-- CONTAINING A TOTAL NET AREA OF 0.00 ACRES, v L) Exhibit - IV . B & D Strikethrough and - Underline Text for the Livingston/Pine Ridge Commercial Infill Subdistrict Element Including Map 0 �(? eT' C�iOLLHt� I r Growth Management Division/Planning& Regulation •Planning&Zoning Department •Comprehensive Planning Section October 30, 2014 Sent Via E-Mail Mr. R. Bruce Anderson handerson'aralaw.com Roetzel & Andress 850 Park Shore Drive,Trianon Center, 3rd Floor Naples, FL 34103 and Mr. Dominick J. Alnico, Jr., P.E. amico4i)abbinc.coni Agnoli, Barber& Brundage, Inc. 7400 Tamiarni Trail North Naples,FL 34108 RP': Sufficiency Review of Growth Management Plan Amendment Petition PL201.400012821CPSS-2014-2, a small-scale amendment to the Future Land Use Element, to amend the Livingston/Pine Ridge Commercial Infill Subdistrict Dear Messrs:Anderson and Arnica: Pursuant to Paragraph B.2. of Resolution#12-234,this letter is to inform you that the referenced application ist sufficient. Nonetheless,there are a few minor revisions to the petition form requested by staff to be included in the petition re-submittal,as follows: III.H..: Please change "District"to "Subdistrict"and remove", NW Subdistrict." IV.B.: On first line,please remove the word"Map." IV.D.: Please change"District" to"Subdistrict." V.A.,B.,C.: Please insert"Exhibit"at each entry, e.g. "Exhibit V.A.1." V.E.: (1) Please insert"Exhibit"before "V.E.3" and"V.E.1.c"; (2) unknown what"A" represents- please remove it and replace with "Exhibit V.E.3." V.F.: For weilfields,please insert"Exhibit"before "V.F.2." The original application and four copies are available for pick-up (in ABB mail slot). Once the petition has been modified to address the above items,please re-submit the original plus 17 copies, all properly assembled, for distribution.and use at public hearings. This petition may now be scheduled for the required neighborhood information meeting, which may be held jointly with the companion PUD rezone petition. Note regarding substantive issues/concerns: The application package does not address most of the several items noted at the pre-application meeting regarding data and analysis(existing 7. zoning& development; existing subdistrict and allowed development; proposed development, including applicability of this amendment to only a portion of existing subdistrict; how this site is appropriate for the proposed regional land use; compatibility with surrounding properties; what, if any, special conditions, requirements or criteria are applicable to the proposed use; commercial demand analysis for the proposed use; evaluation of other potential sites within the trade area; present transition of uses from 1-75 west to this site; documentation of FPL's purported preference for auto sales use vs. office uses allowed by existing subdistrict; etc.). The petitioner is encouraged to provide this, and any other appropriate data and analysis to support the petition, with the re-submittal. Should you have questions and/or wish to schedule a meeting with staff to discuss the sufficiency continents,please contact me at 239-252-2306 or via email at davidweeks(ccolliergov.net. Regards, David Weeks, A.ICP Growth Management Plan Manager cc: Michael Bosi,AICP, Director Planning and Zoning Department CPSS-2014-2 File • CASS-2014-2 Sufficiency Letter3 G:\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments12014 Cycles&Small Scale Petitions12014 Small-Scale PeiitionstCPSS-2014-2 Liv-PR Corni•add car dearer ship'Sufflciency Reviews dwtlO-30.14 ^1 2 Jane Eichhorn Subject: FW: CPSS-2014-2 GMP amendment for Liv./Pine Ridge Com'I Infill Sub. Attachments: ATT00001.htm; CPSS-2014-2 Sufficiency Letter3 - SIGNED.pdf;ATT00002.htm Begin forwarded message: From: "WeeksDavid" <DavidWeeks @colliergov.net> To: "Anderson, Bruce" <BAnderson @ralaw.com>, "Dominick Amico" <amico @abbinc.com> Cc: "BosiMichael" <MichaelBosi@colliergov.net> Subject:CPSS-2014-2 GMP amendment for Liv./Pine Ridge Com'l Infill Sub. Bruce & Dominick, Please find attached the final sufficiency letter for this petition. Thank you. David We..eltd David Weeks,AICP,Growth Management Plan Manager Collier County Government,Growth Management Division/Planning and Regulation Planning&Zoning Department,Comprehensive Planning Section 2800 North Horseshoe Drive,Naples,FL 34104 phone:239-252-2306; E-fax:239-252-6689 email:davidweeks@colliergov.net;website:www.colliergov.net 1 Exhibit — V . A . 1 General Location Map 3. Livingston/Pine Ridge Commercial Infill Subdistrict: This Subdistrict consists of two parcels; one parcel consists of 17.5 acres and is located at the rte. southeast quadrant of Livingston Road, a collector roadway, and Pine Ridge Road, a minor arterial roadway. The second parcel consists of 10.47 acres and is located at the northwest quadrant of Livingston Road and Pine Ridge Road. In addition to uses allowed in the Plan, the intent of the Livingston/Pine Ridge Commercial Infill Subdistrict is to provide shopping, personal services and employment for the surrounding residential areas within a convenient travel distance and to provide commercial services in an acceptable manner along a new collector roadway. The Subdistrict is intended to be compatible with the neighboring commercial, public use and high density residential properties and will utilize well-planned access points to improve current and future traffic flows in the area. a. Southeast Quadrant If permitted by the South Florida Water Management District, emergency access to the North Naples Fire District fire station located immediately east of the property will be provided improving response times to all properties located south along Livingston Road. Interconnection to abutting properties immediately to the South will be and immediately to the East will be studied and provided if deemed feasible, as a part of the zoning action relating to the subject property. b. Northwest Quadrant The feasibility of interconnections to the abutting properties to the North and West will be considered and, if deemed feasible, will be required during the rezoning of the subject property. This quadrant shall be limited to general and medical uses, provided that the total building square footage does not exceed 40,000 square feet—and/Qor on the southern 10 acres labeled on the map as Auto Dealership Overlay. New and Used car sales not to exceed 60,000 square feet building area are allowed. f LIVINGSTON / PINE RIDGE COMMERCIAL INFILL DISTRICT COLLIER COUNTY, FLORIDA I -= 1-- • 1•11 WI-11111 __M 1 NM MI • ■i. III .".'r ilik t ... Ap / alloy 1 IRA , .,, li Pi R ,f• ROAD , w.R. 8$6 id J--- ti Sr cauwmi— — ,c — FED_HE, _ . i le • i If wi /1r11� � r�, �l � _ III Li eiluT — L��A 0 40 e I. III *..� EXHIBITIii D LEGEND --� < kh.SCAIE I � .,U9UIaTRICT I PREPARED BY: GRAPHICS AND TEOHNICAI SUPPORT SECTION --��—� �,i,r/,• �.r; AiiTC1 6�ALi R$#i1P OAT: .'4 02 DEVELOPMENT CP-2001•43-D4RONMEHTAt.SERVICES DIVISION 0 'MO f T. 2000 FT. �j;! f OYiwl4t.AY(101 v:.1 AMENDED NAY 14. 2002 Sy ORDINANCE NO, 2002-24 (CP-2001-3) P C NO r ; -HUNTERS'RD----a 0 ,1 5 A . Legend s • u p _ ROADS M —1.1. ESTER'LN Ii SUBJECT PROPERTY �' i l Collier County Zoning b .-f), .� ZONE QND 8 s 4 I RPUD SS A Agricultural • SCALE: 1"=1/4 MILE l C2 r CF Community Facilty s;, 1 - i CFPUD Community Facility Planned Unit Development `- I , G �{ k Q CPUD Commercial Planned Unit Development ■ . `.* {.' , - 4 0 E, E Estates -, �-- 1, ;,.:T if .4' CF • MPUD Mixed Use Plan Unit Development + °I, 1*;. 1 ;0 P Public � tt 'V' '" RSF-3 ''`,�_ .y 7-49- PUD Planned Unit Development Jj 1 ., c .s , • ` •0 L. RMF-12 Residential multiple-family-12 district \\1 4." -ri 1x2-49-25 Jk -Z a.,.. w. I RMF-6 Residential multiple-family-6 district 'l' .--1 RPUD Residential Planned Unit Development SUBJECT PROPERTY CF ii RSF-3 Residential single-family-3 district LISA N'''' RSF-5 Residential single-family-5 district • PUD._Z, Q • i; S� �• A PUD A LIVINGSTON-WOODS•L•N ,� ] , �, K q I , a I A A CPUD PUD PUD.PUD PUD j . s PINE RIDGE ROAD (C.R. 896)°� _ -- - PUQPUD, PNErRIDGE�RD �, . �-- PUD�L.,L/ANCASTER:DR i► � x z"'. I ; ~ I •i P ■ PUD z,. t3 PUD t PUD A PUD CPUD in PUD A kis W 4■4 1 # ��,C� HA'MGET�DR RYNWOOD.WAY C�RESERVE•WAY ul< �w�. CFPUD c A `�. PUD A ._ ._- �W OC ,.0 CPUD RSF-5 PUD o szu 13-49-25 PUD 4 --�•� -a- 17-4x9-26' EATONWOODJLN 0 C >- o 44 I 1 -49-26 2 0°- 3 r.. , : " a "'— ��..J Q a PUD M' r. -tio w PUD � i m � F .. W I CPUD I MPUD y RMF-6 4 w .z (71:5 PUD _ k.; Q w A o Q PUD jswwnwow irk'' PUD b , CLIENT PROJECT NAME JAZ Real Estate Holding Company,LLC GERMAIN PINE RIDGE/LIVINGSTON ROAD DRAWING NAME: AGNOLI EXHIBIT V.A.(1) '- BARBER & INC. GENERAL LOCATION MAP BRUNDAG L, INC DRAWN BY RAF ABB PROJECT No 14-0053 Professional Engineers,Planners & l..and Surveyors REVIEWED BY DJA ACAD FILE NAME: 11122_Location Map '40p L..naua lradN.•Napk�..tL *4 IM M:.:C;ei+u-.'I I: 1,....:_,''y;4a::a; DATE, JUNE 2014 DRAWING FILE No.: 11122 CerM'pau rt Tmhmuxw u Nw.LK 3464 aw.. I: vhd SCALE: 1"=1/4 MILE SHEET: 1 OF 1 Exhibit — V . A . 2 Proposed 10 Acre Site Aerial Map M 1 fi -4..',45,e * " r,t, 4•.' •a„r"I It # '. I a 7k A 'V.,. , • t n y ' k ir,,,-;11.'4. 7:4•61/1:.P7Ale '; ,..,CJ A 4:7: .'"•''''.1.','W''4 '' * 0 t M I ii jn, ' a 1 S � • .y . ■ t0 -.>1k r' �^ ; y SCALE: 1'=400' J' I 10 Ac. ;� .0 4< k�. PROPOSED i.•• 3,, Yr: 4 �„ , yy ' SITE ;"„' - � ♦ •� 1 � h 1 - y,��r 1 r vs b .tiP sp p4•# ` ' a . i { 4 r. . iiir:,■:":.' 16,111111111.00, INNIP_ 1 4,„`„,00.,,,, ,. .„. ,•# ' )1 '410004.111 7Lf - '''''' P h •'+4 a" •~ �, .. . `, `. y{' i ! tu. »spy ____ .1;g4 icsr. ., „a.. _ _:- y. WY4. .• a..bw' Y .y.-tti-: / _. .. _.- _ M Ni(eR,(V - . _ P N�. . V GE , • 4 3,� . °. � `"' . _ ,--- _ +�_.,,�.�.. �4f,i*p ±i _ •R ,ii !lift % rte• ' o. i t r ► ; tr N J.1 .. , ,',.4D7.1t Ibioli• (6." ill r"''...iy,'1.4t.7 4.4,' . Aar (..*,4----- • A 1-t'.. :...,, t NI t .. AERIAL SOURCE: COLLIER COUNTY PROPERTY APPRAISER DATE FLOWN: DECEMBER 2013 CLIENT: PROJECT NAME JAZ Real Estate Holding Company,LLC GERMAIN PINE RIDGE/LIVINGSTON ROAD J� � 0L7 DRAWING NAME: 1L�]� I EXHIBIT V.A.(2) ,—. BARBER & AERIAL MAP OF PROPOSED 10 ACRE SITE BRUNDAG.E, 1NC. ! DRAWN ill. RAF I A6&PROJECT No 14-0053 Professional Engineers, Planners ex: Land Surveyors REVIEWED BY. DJA ACAD FILE NAME 11122 P,eralMap DATE: JUNE 2014 DRAWING FILE No.: 11122' SCALE 1"=400' SHEET: 1 OF •1 Exhibit — V . A . 3 Existing Land Use Map b fff, N0L I -, , 4 30o FOOT ' • "'i _ ,. . -). I. 1., BOUNDARY c - SUBJECT 6 1 f- P i ; °N� a PROPERTY I t SCALE: 1 400' .. .... , $1 . . -•., s -- -. , _ ',- - ' 4,,,:.1, , 2..•-.,-.1-::, ',.4„.'". i ,. ..,* =.,, A 1Y ( Ayk „:4,-...liYY 4 . , 4 ' .11,11*::,* . t I, ' ' '1 1 ''...,...' " .4.- . 1,1" -'! • :- ‘**-:--' ' - .-- 1 aid i i ♦ 1" , 1 �.- .-c:,'T • ..1111111111Pite , '• ",..4. if.,,...---4 .-..;-'' '... '2:4 8 -,4::44,411b01,,04- 41 , f .,., , .:„.,0111,.. ,,,,,,t., i ' fi—"„��• 47 d:t ,� ift 7:'i,'' 41 .. .1. ,,,*•• t t* , C. - N - w. M • i� - Tom t . rH: r — _ r EXISTING LAND USE WITHIN 300 FEET # NAME EXISTING LAND USE CODE DESCRIPTION ZONING 1 {COMMUNITY SCHOOL OF NAPLES 'PRIVATE SCHOOLS AND COLEGES CF, PUD ©SPORTS CLUB BOWLING ALLEYS. SKATING RINKS, POOL HALL ,A,CU _ • •3 ETUDES De Ballet & Co. PROFESSIONAL SERVICE BUILDINGS {A, CU 4 La COSTA MULTI-FAMILY 10 UNITS OR MORE !PUD S;CAMBRIDGE SQUARE PUD COMMERCIAL CPUD W , 6 CAMBRIDGE SQUARE PUD COMMERCIAL CPUD . Q VERGHESE, DANIEL& CREENA S. SINGLE FAMILY RESIDENTIAL E 4, 8 VERGHESE, DANIEL& CREENA S. VACANT RESIDENTIAL E 9 INNIS, LINDA L. K. SINGLE FAMILY RESIDENTIAL E CLIENT: PROJECT NAME JAZ Real Estate Holding Company, LLC GERMAIN PINE RIDGE/LIVINGSTON ROAD DRAWING NAME: AGNOLI EXHIBIT V.A. (3) BARBER & EXISTING LAND USE MAP BRl>1'MDAG.E, INC. DRAwN by.. RAF f ABH PROJECT Na: 14-0053 Professional Engineers PI:1oners & Land Surveyors REVIEWED BY: DJA ACAD FILE NAME 11122 Land Use Map DATE JUNE 2014 DRAWING HIE No.: 11122 SCALE 1"=400' SHEET: 1 OF 1 (L.)) Exhibit — V . B . 1 Existing Future Land Use Designation Map (, ; ' ,y GNOL ✓ ',i I g tS' P `I" : ' ' .J ,C.1 6, 7 ,..., 04 y.s ` k � z '+ q Ma. M A, . ., 1 t, Q4,. 1 ,.' *ii- -- * - SCALE: 1' 400' . I 3- <. . 'ti, i, x ; ! = J c't r SUBJECT ; ' 11114(1 i 41,.+ -21' ' �' ' � a PROPERTY —' t. i. 1 K 4'. 101111111111. .. d' ,`r" ' rte` , ^,' yo, }f 111111, vee'bC i, az 0,.. ''''' Ali t 4 ' ,.".. 1,,,,, .1. r , , z.-.... ,t, ,ok r 1.',- •- '' III , ~. '' Acres 4° 4," : -,•*4,:;,,,,,' * -', ' ...,.' •••••„1,- VA,,,Ir-- i ifi ,0, 1,-, 1 I.,,, 4,,,0", .k .' iv PINE RIDGE ROAD(G:R.896) �: ._ — — . _� _- _ a� t , 3fPia � x n s ar ,. '" NIS ,.4.ii-f) . f,,.le,.., ' t1'.- .'•* i..11.- .. ...,... , ,,, , , . 4 #..,,,,.... ,,... ,. . , , te, vr- .,'''7' c-, -S•V• fit-..°' , ., lit ,..., . ,,, 1„), 1 ,, •,. ..... ,.0,441,,,,::,...- ,. ._.; 4, LIVINGSTON / PINE RIDGE COMMERCIAL INFILL SUBDISTRICT URBAN RESIDENTIAL SUBDISTRICT ESTATES DESIGNATION CLIENT PROJECT NAME JAZ Real Estate Holding Company,LLC GERMAIN PINE RIDGE/LIVINGSTON ROAD J� DRAWING NAME A GN 0 LI EXHIBIT V.B. (1) , BARBER & y INC,NCXIST. FUTURE LAND USE DESIGNATION MAP BRUNDAGE, , DRAWN BY RAF ABB PROJECT Na 14-0053 Profs siona#ETIginCL'rc,Planner,. & Land�+ilf1'S:6t)TS REVIEWED BY: DJA ACADFILENAME: 11122_FLUE)Map DATE: JUNE 2014 DRAWING FILE No 11122 _ SCALE V =400' I SHEET, 1 OF 1 lJ Exhibit — V . C . 1 &2 Environmental Data Report CD PHIBIT V.C. 1 & 2 10 ACRE PINE RIDGE PROPERTY COLLIER COUNTY ENVIRONMENTAL DATA REPORT June 2014 Prepared For: JAZ Real Estate Holdings,LLC c/o Agnoli, Barber &Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, Florida 34108 (239) 597-3111 Prepared By: Passarella&Associates,.Inc. 13620 Metropolis Avenue, Suite 200 Fort Myers, Florida 33912 (239) 274-0067 Project No. I 4JAZ2272 TABLE OF CONTENTS Page Introduction 1 Environmental Data Authors 1 Vegetation Descriptions 1 Listed Species Survey 5 References 6 i LIST OF FIGURES Page Figure I. Project Location Map 2 Figure 2, Aerial with FLUCFCS Map 3 ii 0 LIST OF TABLES Page Table 1. FLUCFCS Codes and Acreages 4 iii INTRODUCTION The following environmental data report is provided in support of the Growth Management Plan Amendment application for the 10 Acre Pine Ridge Property (Project). The following information is being provided in accordance with the Collier County environmental data submittal requirements outlined in Chapter 3.08.00 of the Collier County Land Development Code(LDC). The Project totals 10.00 acres and is located in Section 12, Township 49 South, Range 25 East, Collier County (Figure 1). The Project is located northwest of the intersection of Pine Ridge Road and Livingston Road and is the site of an existing commercial enterprise including a pool cleaning service, TGS Farm Fresh Produce, and Pine Ridge &Livingston Nursery. The Project is bordered to the northwest by the Community School of Naples, Inc., to the east by Livingston Road, to the south by Pine Ridge Road, and to the west by Etudes de Ballet Banquet Center. This report includes details regarding the authors of this report, vegetation descriptions for the various habitats on-site, and results of the listed species survey conducted by Passarella & Associates, Inc. (PAI). ENVIRONMENTAL DATA AUTHORS This report was prepared by, Andrew Woodruff and Sabrina Lartz. They both satisfy the environmental credential and experience requirements, per Section 3.08.00.A.2 of the Collier County LDC. Mr. Woodruff is a Senior Ecologist with PAI and has over 20 years of experience as an environmental consultant in Southwest Florida. He holds a Bachelor of Science degree in Biology from Emory University and a Master of Science degree in Environmental Engineering from the University of Florida. Ms. Lartz is an Ecologist with PAI and has six years of experience in the environmental resource field. She holds a Bachelor of Science degree in Wildlife Management and Ecology from the University of Wisconsin-Stevens Point. VEGETATION DESCRIPTIONS The land use and vegetation associations for the property were delineated using December 2013 rectified color aerials (Scale: 1" = 200') and groundtruthing conducted on May 23, 2014. The delineations were classified based on the nomenclature of the Florida Land Use, Cover and Forms Classification System (FLUCFCS) (Florida Department of Transportation 1999). AutoCAD Map 3D 2013 software was used to determine the acreage of each mapped polygon, produce summaries, and generate the final FLUCFCS map (Figure 2). I *.2 j CID R - 1..,E: ® 1 CISB N .LE—- Ill)" • r B , ' c;dL.LI 4 •.¢. A•*EACH t N 41 4 .. a FORTLAUDERDALE Gulf W _ E IR '7 of k Mexico i ' «*t t S i 1':'.s *.4.�� BY' 1I f ' to .4-..„'—'4. 't, .rte -.•r .1.:- :�{ vs ib`4: ,' ,,., I.5..%., a �P . - . i.¢ i t _ . - 'r V+...•'AA - .� x VANDFRBILT BEAct4 KD ' *'' S; A �. • '• E "�' 7 � t '.` - f.R �. .`.. \PAGE LV■ANY• ;Z7 .. n} r' Iiiii. ' , .:, jc`P." f •r � , ALK._. .0 y .i ....,• .. ' ,04-_,4,,(1 .. t 4 ; BENI A Cr., O ... Ads C sy ..:.. _ P "i ; ""�'B��.Z Bi .. i . t L 9� f 1 "�k g •t•14f.i 'a •',•.• .. II s r,a . d r $� A Aar'4".4. HOR . 1: , \—. °3't 2 r - .. clt4Vi reTt dL7 IV t PROJECT LOCATION F SEC 12,TWP 49 S,RNG 25 E p R Q:'?j T. "�,: "h',. i_ a#,. a ceSl� \./ �• LOS_ c .i'# '1""-,.` .. � LA".,,,f NE... I R,uF•;.;! O 1.. ,..30 '� k �} a ��..�nsu a'y i n, !� 0. `.m y- :aI t1� ill,/ "it GRNA d V� � 4. �' i.snaf'� ` t s ■ "t"s,iigs; en +rER7�r .,,, ti t{ ld?1 T?l al r 3.:tl.,, ‘, - [@x 11YIY0..._ P. Fl • �jy,� ate` tk gyp'y ((�- ''`-• `� ! ft ll'!�9 C� ::l �q eli7 e� l.� ✓l i' :`•.:♦ctlii�.�:1iT fly 5 �i ft J . fir; testa?} 'A a al Y,!:ryYYxy ' . �!L n i e, r'S • w. SIP it M4."",1 in nr0174, 2 D,B. 6/18/14 § FIGURE 1.PROJECT LOCATION MAP BEVIE ED BY DATE .A S SA R E L LA J 10 ACRE PINE RIDGE PROPERTY A.W. 6/18/14 ,I,. --A--- -- __ Y NEl'iFED DATE : t,�•r'& SfiOCIAT S -` D.B. 6/26/14., 1. :..„50.7• .4'-'*' ii:r". ''' I '4';. r :4," > y: qq+A ' : / , 1 rr fi: .: / / ! /f IP A ri J. `�. ,y� ' , _l 0 , ; r , 4, .4...,, , t ,,,,,, i _,,,,,,.... g. .....'40,„_....„,.,,rzt, ...4,,,,,,,,(..f 4 . ..4, , 9 4. 4,v. ' ' 4, , .;„4„.„,,,,,,,,..... ... , . , . L . ..„ ... A 1 kook* -- .1=-N4:4.,. t44,34 . i.... :,' ,,, , , ,,,- -.4'' . ,„04 , * , 4") ' lit - ''' iftv ar,„ - --' "- --' -4 ' 1 "- 4. ', -• , ii e , _ .. ,_„: a . „44„ .....t . .....,.. . ,.., : .‘,„, , . ii iti 1,. ; :. , . . ..,„.„ 4,....,,. . 10.,......... i ,...„.,..4... , , v.N. 14/.N.,,f?'" , ' 'L',', , '- it„ ,.... - ^x , � �*-y2 41 d.,.. t; r„...„,' ;'•}er •j Y y ':. 4 y #I' 4.4 G ..fik 'K r' / cS / r - 3•k 11/t j +5, } I 1`4' ' tar .' s tfi< - if 4 , , ..„,,,, ,,, .. _ k � L. . ,, „ . . , ,- R.r ,. A, ,...-, , .=..,...,.. ,„,,„,„ ..„ ,%,y • } L �t pit kovr-tte - .;;., %,, ''. "''* n �y} 4 •h. Ir 1 ar�i S. , rF. _ IF ._# ' MN -PINE RIDGE RD- ,„, ( ` � i. 7 T .9+ IV,� T A.q S' T it a i � ,A7/41.77 e1'' s 10/41.4 ta, . k. il NOTES: 7 AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH THE COLLIER COUNTY PROPERTY APPRAISER'S OFFICE WITH A FLIGHT DATE OF DECEMBER 2015. FLUCFCS % FLUCFCS LINES ESTIMATED FROM P=200'AERIAL CODES DESCRIPTIONS ACREAGE TOTAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. 140 COMMERCIAL 1.05Ao.± 105% a 240 PLANT NURSERY 8.69Aat 86,9% FLUCFCS PER FLORIDA LAND USE,COVER AND FORMS 1 422 BRAZILIAN PEPPER 026Ar,± 2,8% CLASSIFICATION SYSTEM(FLUCFCS) (FDOT 1999). TOTAL 10.00Ao.t 100.0% PROPERTY BOUNDARY PER AGNOLI,BARBER,AND BRUNDAGE DRAWING No.GERMAIN HONDA PARCEL ID AC EOIT.DWG DATED JUNE 26,2014. ii Ji DRAWN ET DATE I / D.B. 6/17/14 FIGURE 2.AERIAL WITH FLUCFCS MAP RMViEW'ED't1' DATE ' I'A S`•\K E I LA 10 ACRE PINE RIDGE PROPERTY A.W. 6/17/14 C. REVISED DATE `' D.B. 6/26/14 3 A total of three vegetative associations and land uses (i.e., FLUCFCS codes) were identified on the property. The dominant land use on the property is a Plant Nursery (FLUCFCS Code 240), accounting for approximately 87 percent of the property (8.69±acres). The Project site does not contain native vegetation and is not subject to the native preservation standards in 3.05.07 of the LDC. The Project site does not contain any potential South Florida Water Management District or U.S. Army Corps of Engineers jurisdictional wetlands. The non-native habitats identified by FLUCFCS code are identified in Table 1. Table 1. FLUCFCS Codes and Acreages FLUCFCS Native Non-Native Code Description Vegetation Vegetation Acreage Acreage 140 Commercial - 1.05 240 Plant Nursery - 8.69 422 Brazilian Pepper - 0.26 Total 0.00 10.00 Minimum Retained Native Vegetation Requirement 0,00 (Native Vegetation Acreage, 0.00±acres x 25 Percent) The resulting acreage and description for each FLUCFCS classification are outlined below. Commercial (FLUCFCS Code 140) A pool cleaning service is located on the property which consists of a building and parking area. Plant Nursery(FLUCFCS Code 240) A plant nursery is located on the property and consists of potted landscape plants, a sales building, a mobile home unit, and parking area. Several areas have discarded rock and woody debris from nursery functions. The canopy contains scattered slash pine (Pinus elliottii) and earleaf acacia (Acacia auriculiformis). The sub-canopy vegetation included laurel oak(Quercus laurifolia), cabbage palm (Sabal palmetto), firebush (Hamelia patens), Florida strangler fig (Ficus aurea), rice paper plant (Tetrapanax papyriferus), saltbush (Baccharis halimifolia), royal poinciana (Delonix regia), American century plant (Agave americana), Brazilian pepper (Schinus terebinthifolius), willow (Salix caroliniana), and bougainvillea (Bougainvillea sp.). Dominant ground cover vegetation included Brazilian pepper, primrose willow (Ludwigia octovalvis), spermacoce (Spermacoce verticillata), carpetweed (Phyla nod flora), candyroot (Polygala grandiflora), beggarticks (Bidens alba), Virginia creeper (Parthenocissus quinquefolia), purple bushbean (Macroptilium atropurpureum), cow-pea(Vigna luteola), velvet- leaf milkweed (Asclepias tomentosa), dog fennel (Eupatorium capillifolium), annual marsh aster (Symphyotrichum subulatuni), smutgrass (Sporobolus indicus), napiergrass (Pennisetum sp.), common morning-glory (Ipomoea purpurea), clockvine (Thunbergia sp.), bushy bluestem (Andropogon glomeratus), Southern beeblossom (Gaura angustifolia), arrowhead (Sagittaria 4 �w graminea), torpedograss (Panic= repens), common ragweed (Ambrosia artlmisiifolia), and flatsedge (Cyperus sp.). Brazilian Pepper (FLUCFCS Code 422) The canopy and sub-canopy of this community type consist almost exclusively of Brazilian pepper, Other scattered vegetation occurring within the canopy included earleaf acacia, LISTED SPECIES SURVEY On May 23, 2014, PAI conducted a survey for plant and wildlife species listed by the Florida Fish and Wildlife Conservation Commission, the Florida Department of Agriculture and Consumer Services, and the U.S. Fish and Wildlife Service as endangered, threatened, species of special concern, or commercially exploited. The survey included protected plants listed in 3.04.03 of the Collier County LDC. The field survey methodology consisted of a qualified ecologist visually inspecting suitable habitat to identify locations of listed species. Overall visibility during the survey period was greater than 150 feet. The weather during the survey was sunny with clear skies, northeast winds at approximately zero to five miles per hour, and temperatures in the mid 80 degrees. During the May 23, 2014 field survey, no listed plant or wildlife species were observed on the Project site. ft 5 REFERENCES Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms'Classification System. Procedure No. 550-01 0-001-a. Second Edition. 6 Exhibit — V . E . 2 & 3 Existing Services Water and Fire System Analysis Sewer System Analysis NORTH COUNTY WATER PG140 RECLAMATION FACILITY 010 va SCALE: 1"=5000' NORTH COUNTY WATER TREATMENT FACILITY PROJECT LOCATION STATION 46 FIRE & EMS SERVICES COLLIER COUNTY -- SHERIFF'S OFFICE c'G°-,iar ► WATER: AVAILABLE WITHIN PINE RIDGE & LIVINGSTON ROAD R.O W. ► SEWER: AVAILABLE WITHIN PINE RIDGE & LIVINGSTON ROAD R.O.'W. ► FIRE PROTECTION: NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT ■ EMERGENCY MEDICAL SERVICES: COLLIER EMS ► POLICE PROTECTION: COLLIER COUNTY SHERIFF'S OFFICE ► SCHOOLS: NOT APPLICABLE CLIENT: PROJECT NAME JAZ Real Estate Holding Company,LLC GERMAIN PINE RIDGE/LIVINGSTON ROAD GNULI DRAWING NAME: .t'� BARBER EXHIBIT V.E. (2) Br 77��7 INC. ISTING SERV ICES&PUBLIC FACILITIES MAP RUNDAG L, A i y DRAWN BY: RAF ABB PROJECT No.: f4 0053 ProiessjnnDI ngincrrc, PIrtiT1CTC F land SlITVL'}'ru REVIEW ED BY OJA ACADFILECTNo. 11122 Services Map DATE JUNE 2014 DRAWING FILE No. 11122- SCA1E 1"=5000' SHEET, 1 OF 1 1 : EXISTING SERVICES Germain Pine Ridge/Livingston Road Application Section V.E.3 The map attached as Exhibit V,E,2 shows the location of existing services to the proposed Germain Pine Ridge/Livingston Road Project, Water: Collier County Water-Sewer District The estimated demands for the proposed additional use are shown to be less than the estimated demands for the current uses per the Growth Management Plan. Water lines of adequate size are available off of Pine Ridge Road and/or Livingston Road. The LOS of the County Water District equals 170 gallons per capita per day. Sewer: Collier County Water-Sewer District The estimated demands for the proposed additional use are shown to be less than the estimated demands for the current uses per the Growth Management Plan. Sanitary Sewer lines of sufficient capacity are available off of Pine Ridge Road and/or Livingston Road. The North Sewer Service District provides an LOS of 120 gallons per capita per day. Solid Waste: Collier County Solid Waste Department The difference in the amount of solid waste generated on-site between the two uses will be negligible. Solid Waste disposal will be provided by Collier County Solid Waste Department, headquartered at 4500 Exchange Avenue, Naples, FL 34104. According to the Capital Improvement Element of the GMP, the LOS for County Solid Waste Disposal Facilities are as follows: Two (2) years of constructed lined cell capacity at the average disposal rate for the previous three(3)years. Ten(10)years of permittable capacity at the average disposal rate for the previous three(3)years. Stormwater: Both uses with have similar amounts of pervious and impervious areas. Stormwater from the site will outfall into existing drainage facilities. Site designs will meet the water management criteria of SFWMD and Collier County, The site will operate under Level of Service "A"for stormwater, which equals the 25 year-3 day storm event, E Police Protection: Collier County Sheriff Office The Collier County Sheriff Office will provide police protection to the site, The nearest substation is located at 776 Vanderbilt Beach Road, Naples, FL 34108, approximately 5.7 travel miles northwest of the site, The 2013 Annual Update and Inventory Report(AUIR) Summary states the LOS for Law Enforcement Facilities as: 1,84 Officers per 1,000/population, No degradation in LOS is expected to be caused by this additional use. EMS: Collier County EMS The Collier County Emergency Medical Service will provide ambulance service for the site. The nearest EMS station is located at 3410 Pine Ridge Rd, Naples, FL 34105, approximately 0.20 travel miles east of the site. The 2013 AUIR Summary states the LOS of EMS Facilities as: Approximately 1 unit (vehicle, equipment, station space) per 16,400/population, or 0.000061/capita. The Advance Life Support (ALS) response time goal is 8 minutes travel time 90% of the time (urban) and 12 minutes travel time 90% of the time (rural). No degradation in LOS is expected to be caused by this additional use. Fire Protection: North Naples Fire Control and Rescue District Fire Protection will be provided by the North Naples Fire Control and Rescue District. The fire station is located at 3410 Pine Ridge Rd, Naples, FL 34105, approximately 0.20 travel miles east of the site. The North Naples Fire Control and Rescue District operates under a Fire Suppression LOS of approximately 1 unit/4 minute response tune/1.5 mile radius from the station; and an LOS of a 4 minute response time for Basic Life Support. No degradation in LOS is expected to be caused by this additional use. WATER LINE DATA Germain Honda WATER AND FIRE SYSTEM ANALYSIS ABB PN 14-0053 �. POTABLE WATER SYSTEM 1]Commercial Water Demand per Dept. of Health Chapter 64E-6 Existing Use (Per G.M.P.) Office Space(Per G.M.P.) Area of polential office floor space = I 20,000 1sf per100 square feet of floor space = 200 Estimated Demand per Use 15 gpd Average Daily Flow - 3000.0 gpd Medical Space(Per G.M.P.) Estimated number of Practitioners 1 = J 14.0 Estimated Demand per Use 250 gpd Average Daily Flow = 3500.0 gpd Employee's per practitioner 2 = 1 4.5 I Estimated Demand per Use = 15 gpd Average Daily Flow = 67.5 gpd Total Average Daily Flow = L 6,567.5 . gpd Notes: 1.Assumed average Practitioner's Office=1,4000sf.Total medical space allowed per G.M.P,=20,000sf. 2,Assumed 2-3 Nurses,1 Receptionist,and 1 Office Assistant per Practitioner's Office, Total Flow(Per GMP) Peak Factor = 2.5 Hours of daily operation = 12 hrs Adjusted Peak flow=> 16,418.75 gpd => 1,368.23 Adjusted Instantaneous Peak Flow gph 22.80 gpm Summary Peak Water Demand; I 22.8 f gpm Page 2 6/'.0/2014 '4-0053 Water&Sewer Catcs.xis • f. WATER LINE_DATA Germain Honda WATER AND FIRE SYSTEM ANALYSIS ABB PN 14-0053 POTABLE WATER SYSTEM 1)Commercial Water Demand per Dept, of Health Chapter 64E-6 Proposed Use(Car Dealership) Proposed Garage (Service) Number of Bay/Comparlments = 1 30 bays Number of workers(1 per service bay) _ 30 workers Average daily flow per worker 15 gpd 450.0 gpd Proposed Office Space(Sales Floor) Area of potential office floor space 1 = I-- 35,000 Isf • per100 square feet of floor space = 350 Average daily flow = 15 gpd 5250.0 gpd Total Average Daily Flow = I 5,700.0 #gpd Notes: 1.Total area of potential car dealership=60,000sf.Assumed 20,000sf service garage& 5,000sf customer drive-through service. Total Proposed Flow Peak Factor = ( 2.5 Hours of daily operation = L 12 hrs Adjusted Peak flow=> 14,250.00 gpd => 1,187,50 gph Adjusted Instantaneous Peak Flow - 19.79 gpm Summary Peak Wafer Demand; ( 19.8 fgpm Page 2 6/10/2014 14.0053 Water&Sewer Catcs.x!s SEWER LINE DATA Germain Honda SEWER SYSTEM ANALYSIS ABB PN 140053 Sewage Generation Rate per Chapter 64E Existing Use (Per G,M.P.) Office Space (Per G,M,P,) Area of potential office floor space = i 20,000 Isf per100 square feet of floor space = 200 Estimated Demand per Use 15 gpd Average Daily Flow = 3000.0 gpd Medical Space(Per G.M.P.) Estimated number of Practitioners 1 = I 14.0 I Estimated Demand per Use 250 gpd Average Daily Flow = 3500.0 gpd Employee's per practitioner 2 = f 4.5 Estimated Demand per Use = 15 gpd Average Daily Flow = 67.5 gpd Total Average Daily Flow L 6,567.5 Igpd Notes: 1.Assumed average Practitioner's Office=1,4000sf.Total medical space allowed per G.M.P.=20,000sf. .•••■•■ 2.Assumed 2-3 Nurses,1 Receptionist,and 1 Office Assistant per Practitioner's Office. Total Flow(Per GMP) Total ADF Sewage Generation _ (—" 6,568 ` gpd Peak Factor(from below) = I 4.31 Hours of daily operation = J 12 lhrs Adjusted Peak flow=> 28,284 gpd => 2,357 gph Adjusted Instantaneous Peak Flow = 39.3 gpm Summary Peak Sewage Demand: 39.3 igpm PEAK HOUR FACTOR CALCULATION Iota'AOF Sewage Generation - 6,557.5 gpd Poputation at 120 gpd/capita x 55 Peak Factor(GU/MRS) 18+(Popuiation/1000)^1/2 4 (Population/1000)'12 4'31 'From Coker County's 2008 Wastewater Master P en Rage 2 6/10/2014 14-0053 Water&Sewer Calcs.xls SEWER LINE DATA Germain Honda SEWER SYSTEM ANALYSIS ABB FN 14..0053 Sewage Generation Rate per Chapter 64E Proposed Use (Car Dealership) Proposed Garage (Service) Number of Bay/Compartments = 30 bays Number of workers (1 per service bay) - 30 workers Average daily flow per worker = 15 gpd Proposed Office Space(Sales Floor) 450.0 gpd Area of potential office floor space 1 = 35,000 1st per100 square feet of floor space = ( 350 Average daily flow 15 gpd 5250.0 gpd Total Average Daily Flow I 5,700.0 f gpd Notes: 1.Total area of potential car dealership=60,000sf.Assumed 20,000sf service garage &5,000sf customer drive-through service. Total Proposed Flow Total ADF Sewage Generation = 5,700-1 gpd Peak Factor(from below) = 4.32 Hours of daily operation = 12 Ihrs Adjusted Peak flow s> 24,619 gpd => 2,052 gph Adjusted Instantaneous Peak Flow = 34.2 gpm Summary Peak Sewage Demand for Proposed: I 34.2 I gpr PEAK HOUR FACTOR CALCULATION Min Required Fire Flow 2 = 5,700.0 gpd Population at 120 gpd/capita* = 48 Peak Factor(GLUMRB) 18+ (Population/f 000)1'1/2 4 4-(Popu'atior/1000)^1/2 - 4,32 From Cotter County's 2008 Wastewater Maser P:'en Page 2 6/10/20;4'4-0053 Water&Sewer Ca,cs.xls Exhibit — V . F . 2 Welifield Map GN0LI 6 SCALE: 1"=1/2 MILE SUBJECT PROPERTY PINE RIDGE ROAD (C.R. 896) co co p V 1. 0 p Q z A' cn J 0 I- D Z a. o�c a cc POLLUTION CONTROL WELLFIELDS: I ST / W-1 I ST /W-3 L f J ST / W-2 r " ST / -4 CLIENT: PROJECT NAME JAZ Real Estate Holding Company,LLC GERMAIN PINE RIDGE 1 LIVINGSTON ROAD DRAWING NAME�"•• A GNO I ' EXHIBIT V.F. (2) BARBER (})��y�7 INC. ELLFIELD MAP BRUNDAG E, .t C DRAWN BY. RAF A88 PROJECT Nu: 14-0053 Professional Engineers,Planners Land.SL! „: REVIEWED BY DJA ACRD FILE NAME 11122_Well Map DATE JUNE 2014 DRAWING FILE No. 11122 SCALE 1"=1/2 MILE SHEET: 1 OF 1 @ Cc4 Florida Power & Light Easement Exhibit ® CD -7--- , r , 6 .7, 1 �,t . ,, ' `' +fl r ,y t�4 I ._' EST !: , Y, - r SCALE; 1"= 400' ..•`. : ', n PROPERTY , 6 , a ; . }} _ '3++'.AP-i A _ z !Rrj f �,',,'1• 'v"�"f s` !^".r1" , '• , • w *► l sllor •''t � �..� 100' FPL�y � �< '' �:' h,° = �� rrw..*. -. EASEMENT ' ,,. ., , A I l K b 1 ' OR 432, t` ll 1 ' } I .4 ;1, 1' '' •'' si ,t °- yy: I •,, PG 722 III III o '� �� . ' it >.� - 125'FPL " y 11. ► ' t �, }: '0, EASEMENT t ' �. 1 11 EXIST. POWER POLES&GUY �' y 6)1 • WIRES Eke (' 4 r' A -.. '':::_-•_,.....i EXIST, OVERHEAD ELECTRIC LINES f ;;t ' F"' r, s per . , . '4-4'' F �-� • )'�a•w s. 1th-Ai•iar. r• -c- y ,_ 1111111111.11111 - 11111111111111•a. - k it iiiiiv IV r 2+ - "'a '.'� . "•11/x'„ r Y ...�+c:: t .. r414 v0.-1 i ' a• iliir . •, , . illy,' w. a FLORIDA POWER & LIGHT EASEMENT AERIAL SOURCE: COLLIER COUNTY PROPERTY APPRAISER DATE FLOWN: DECEMBER 2013 j CLIENT, ) PROJECT NAME JAZ Real Estate Holding Company, LLC 'GERMA/N PINE RIDGE/LIVINGSTON ROAD DRAWING NAME. AC.;I*bo[,I i FLORIDA POWER& LIGHT BARBER EASEMENT EXHIBIT BRUNDAGE, INC', DRAWN BY, 3AF ABa PROJECT No., "4.0063 Professional,I Engineers,3, PIi7Y115Cr5 • Land Slit t".C'r REVIEWED BY, DJA I ACAD FILE NAME, 11122 Aerlal Map I4. tto+ l++4�.•�,f1+ Ii 1.1/ft, ft, t DATE. JUNE 2014 I DRAWING FILE No, 11122 f BARBER tsu*w w.mnn'•0n.,iY.tt•,w.+d EM•aN{ .. -.. SCALE: 1"=400' SHEET, 1 OF 1 Letters of Authorization ® CD FLAMINGO MINI ARKET 239- -7915 p.1 LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN hereby authorize Step:len L.Germain,Manager. JAZ Real Estate holdings, 1.LC: (Name of Agent) to serve as my Agent in a request to amend the Collier County Growth Management Plan affecting property identified in this Application. Parcel No, OO_5,(t36O507 Signed: o� " , Date: J v-v)L-- 09 I',�-.._,}Li (Name of Owner(s) of Record) Eld inii as Ramos SIATEOF ( ) COUNTY OF (c , t ) Sworn to and subscribed before me this Q-)1.4 day of -3`U1'k-- 2014 by t1A Q.-lO L T-AeQ -Z MY COMMISSION EXPIRES: G-- 1 dG t Notary Public CHOOSE ONE OF THE FOLLOWING: who is personally known to me, JOT Notary"``� sIo varez eofFlor9da t Marto Alvarez who has produced-}tG u�iZ l �IA+I'i 1 tC�rt4( as identification M'Comm'ssionFF 120422 and orµ Expires 06Ip6/20t8 X did fake an Oath did not take and Oath I hereby certify that l have the authority to make the foregoi g application,and that the application is true, correct and complete to the best of my knowledge. tl / gn• ore of Applicant Stephen I. Germain.Manage r,J.AZ Real F_statc Iiold:ngs, • STATE OF Name-Typed or Printed ( ) COUNTY OF ( ) Swo o and subscrib • before m- -.If, :+e'1! day of j L/ide- , ?'9,29/9 Y COMMISSION EXPIRES: • ary •ublic IAN VANDENBARK CHOOSE ONE OF THE FOLLOWING: "' T k. M' 2017 ( who is personally known to m. who has produced as ideni4ication and did take an Odin aid not take and Oath hereby certify that ;have the authority to make the foregarg application, and trial the application is true, correct and complete to the best of my knowledge, NOTICE•BE AWARE THAT: F:orida Statute Section 837.06 False official Law slates that:Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duly shod be guirry of a misdemeanor of the second degree,Punishable as provided by o fine to a maximum of%500,00 andjor maximum of a sixty day jail term." RECEIVE: NO. 9985 0&/09/20:4/14011 1L : 34A14 Ci3L•'C PJc.p es FLAMINGO MIN, ,,ARKET • 23a -7915 p 2 LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN _. I hereby authorize_ Stephen t.Gerninin,Manager,JAZ Real Estate Holdings, LL(.' g (Name of Agent) to serve as my Agent in a request to amend the Collier County Growth Management Plan affecting property identified in this Application. Parcel No 00256360507 Signed: . , (2z-""`_r' �� Date: i' 'ft_ 9 ti-,,(N•/ e of Owner(s) of Record) .1e:;us M. Ramos STATE OF (F-ts-CrP,1\ ) COUNTY OF ( KLL_t� ) Sworn to and subscribed before me this COL day of a ks.1 lad . viz.,..)14 bye u A 12 MY COMMISSION EXPIRES: S ) jt 6 Notary Public / CHOOSE ONE OF THE FOLLOWING: #► ts NoIwy Pubic Stole of Florida _ who is personally known to me, ‘c,„1/ Mann Alvarez _ who has produced T f >2, t1 'b cld€2 Uc ` My Commission FF 170422 and ---- as identification or- Expires 05/06,2010 ,.X. aid lake an Oath aid not take and Oath I hereby certify that I have the authority to make the foregoing application. and that the application is true, correct and complete to the best of my knowledge. Sign•lure o'Applicant S:ephen L. Germai.i ;Manager.JAZ Rea;Estate_Holdings,LLC STATE OF { ) Name-Typed or Printed COUNTY OF ` ) S�nro o and subscrib m; ail �`# y /1-day of ��ll/e Tit„ZtJ/ / Y day' .'`=- —I MY COMMISSION EXPIRES: ' - ' otary 'ublic '` ' � . IAN VANDENBARK t ' avers ,C STATE OFOf to C NOOSE ONE OF THE FOLLOWIN e DARES T39.• ZO7# 4_,_ who is personally known lc '• 4•;,,iR,• who has produced as idenliffcatior and _____ did take ar. Oath did not take and Oath I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledge, NOTICE•BE AWARE THAT: Florida Statute Section 837.06 -False Official Law states that;Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in lite performance of his official duly shall be gully of a misdemeanor of the second degree,punishable as provided by a floe to a maximum of%500,00 and/or maximum of a sixty day jail term REr,ET VE: N0 , 9985 06/09/2010/PION 11 : 346! t:s2F,C Naples LETTER OF AUTHORIZATION 10 WHOM IT MAY CONCERN 1 h�•'c hst rirltttori e Steptuv, I !r nu nn ,t;trrn i i ; l' it i":,Inh inkting,.. i i? II lame of Accent) to .en'e CIS my Ayen, in Ca I"er_hlest r r r n?IN'•i IL tl H r ?IIiF`� r r )1 11 r I r,_i;r A/Ioi it:Icier,,evil attectin i'}Yis)pei'}/ identified in this Applu._ci sort Pso•tcl MY';r,,t,rl,tr ;aICiric:r,l: (kicrti c)t()'+MILjr(,) r.)t P;?i.ij Ci! Th;:rc ,i ,1.(iutl& .STAT[OF ( I COUNTY Of. ( fir,1l•�:. ( fs i • Sworn to and subscribed!palate Pie till!, M r ay of r�L r C_ n _ ? ;!..; j) a1 by --r j ' y�� ... MY COMMISSION EXPIRES: L I./ / Notary Public CHOOSE ONE OF THE FOLLOWING! who is personally known to me, who has produced.._._ as identificafiort and did take an Oath did not take and(Daft) t hereby certify that f have the authority to make the foreg.ing application,and that the application is true, correct and complete to the best of my knowledge. /.� ign. ure of Applicant Stephen L.Germniu,Manager,JAZ Real Eitate Holdings.;LA.' STATE OF { Name-Typed or Printed COUNTY OF Swo o and subs '.ed before me day of 1al/.ye— , 1by ir Y COMMISSION EXPIRES: • Notary Public VMDENBARK CHOOSE ONE OF THE FOU.OWINe' ': LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN I hereby authorize Dominick J. Armco,Jr., P.I.. - Agnoli, Barber& Brundage, Inc. -- (Name of Agent) to serve as my Agent in a request to amend the Collier County Growth Management Plan affecting property identified in ih'. Application, Pa;'el No. 002563605o7 Signed: II ;r/ ',. .4,l` Date: 10/ii/i / (Name of Owner(s) of Record) Stephen L. Uermain, Manager,JAZ Real Estate I loidings, LLC STATE OF ( ) COUNTY OF S/w�rrfto and subscri• before me t,' day of J�r✓r_ }gds/s/ Cy - MY COMMISSION EXPIRES: Notary Public , IANVANDENBARS CHOOSE ONE OF THE FOLLOWIN --% . '� .STATE OF 0110 :'ar., ?� INrCOMAfONEKPtNESAt1GUST3tt.21ftF x.. who is personally known tot'-: il,,,ji-r who has produced and as identification did take an Oath did not take and Oath I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledge. l� Signature of App scant I)oannicI. I "•\,iii,t, ii., i'.1. STATE OF Name-Typed or Printed ( 17O -1"(4i ) COUNTY OF ( coat er ) Sworn to and subscribed before me this ' ` ) day of Li 'Z_.f' \x'_,ti C ti A 74..,-', '= r MY COMMISSION X IR S: Notary Publid , p"a GLENDA AGNQLI ?° �s Notary Public•State at Florida CHOOSE ONE OF THE FOLLOWING: :Wry Comm.Expires Sep 26.2018 ' �.� °;� Commission N FF 127701 who is personally known to me, ' '":,'`°� Barged Through National Notary Assn. I who has produced as identification and did take an Oath u= did not take and Oath I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledge. NOTICE•BE AWARE THAT: Florida Statute Section 837,06 •False Official Law states that:Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree,punishable as provided by a fine to a maximum of%500.00 and/or maximum of a sixty day jail term." LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN I hereby authorize R. Bruce Anderson- Roetzel& Andress (Name of Agent) to serve as my Agent in a request to amend the Collier County Growth Management Plan affecting property identified in tl ' Application. Pa el No. 00256360507 i f Signed: � ! / Date: (o/!I I amt of Owner(s) of Record) / Stephen L. Germain,Manager,JAZ Real Estate Holdings, LLC STATE OF ( ) COUNTY OF ( Swot subscrib- efore me this I - of Jaw c * MISSION EXPIRES: Notary Public IAN VANDENBARK • "`+w140,'wr NOTARY PUBLIC.STATE OF OHIO CHOOSE ONE OF THE FOLLOWING: COMIAIXION EXPIRES AUGUST 30.ZOO Kwho is personally known to me, '4 if who has produced as identification and did take an Oath did not take and Oath I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledge. 4 •-i; Signature of Applicant R. Bruce Anderson • Name-Typed or Printed STATE OF ( COUNTY OF ( C ) Sworn t/. subscribe efore me this It day of '.e W by MY COMMISSION EXPIRES: Notary Public CHOOSE ONE OF THE FOLLOWING: .•. ANDREA ANOERSOfI i' ,e ;+r_ MYcc 1AISSION A EE097899 who is personally known to me, _`��_ EXPIRES:August 17,2015 who has produced Bonded Th"Notary P CUad.aWrgers and as identification pm did take an Oath did not take and Oath I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledge. NOTICE. BE AWARE THAT: Florida Statute Section 837.06 •False Official Law states that:Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree,punishable as provided by a fine to a maximum of%500.00 and/or maximum of a sixty day jail term." ( ' - @ Deed Property ID cp o 3472277 R: 3640 PG: 2607 RICO1DID lo OFFICIAL 11COLD9 of COL1111 CCUMIT, IL 04/13/2004 at 01:31AM DMICE 1, I1OC1, CWUI Title Daeamerta Pvapaarod by mei Rolm to; (011 1110111,11 John L. aarquhar, 200. IIC tit 35.54 Rudest, 1[aCloaky, aealith, /�■ DOC•,11 i110i,01 ec6uabh.«x 1e tauaa«ll, tl.R.,. teen; 5150 North Tamiamd. Tra;l2 0502 ADAM icc osn AT AL 1340104, FL, 34103 5150 I fAM1AMI YR 1502 ParedWDNruaber: 00256360507 MAPLII Pb 34103 °metakl TfN; Grunter fi2 TIN; Warranty Deed Thib,ffildeittille, Made this day of , 2001, A.D., Between Korth, Side Construction. Chat', a Weotit, Virginia general partnership of the Coanty of Wicsusle.a , state of West Virginia ,granter, and a a n Properties, LLC, a a°loriddis limited liability company wbaae address ic: 2777 Oldie Cypress Drive, 3lsmples, F 34119 of the Comity of Collier r state of Florida y grantee. WI',meth that the GRANTOR,for and in conaideretion of the suet of ---------------.,--------rgbi moms (010) DOLLARS, ) and other good and valuable consideantioa to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, day printed,bergsined and sold to the said GRANTEE and GRANTEE'S heirs,suxeasors and assigns forever,the following deacaibed Mad,situate, ' lying awl�in the County of Collier sett of 3°loritia to wtl [ See Inhibit 'A.r attached, hereto and nude a. part hereof. Subject to restrictions, red . h �i, c'3.4 easenents of record, if a ny, and taxes for the yreilr 1. di end-gubl4iient years. and the grantor does hereby filly warrant the title to said d-wiN'defeo,. •, en {mll,'->sd the sane against lawful claims of all persons whomsoever. Tn.Witness Whereof,the grantor has hereunto set its land and seal the day and year Post above written. Signed,sealed and delivered in our pretence: Worth Bids Construction Company, a west Virginia general partnership ,�" Bye E/'MT'' r'i" �,.-. (seal) Printed Wsmes }}; ?. 1-ipwanrd t,: . : r77., one of its Witness general . Wows i P.O.Address:US I4orNaNde Drive,Suite 27 fi WV2tigl ,01 /1 Pr .t ed D'fal a gel t.L L. Witness STATE OF . 4 r if• inia COUNTY OF :eV G 4 The fevegalng iaitameoe war acknowledged before me this day of s 2004 by J'A11144 STA{t$R FRROUSON, one of the general partners of NORTI SIDI ColtsT1tzCTfON COMPANY, a West .Virg a; general partnership wbo w it i fly known to ale or who hss produced his e 1 in a drive , liosnss SS idendfieatioa j i aide/7 2././e04--9 i 0400 Printed Mane€ err iene. 4.urss k:n""' NOTARY uo ? .,i meOf WWI NRWNth Notazy Public "- . :' 9/EaM!!!Y LANE HE LUCAS 'My Commission Expires; t.d 5 .744 1101MSSA t.».n..,,.,.A I.nrw,../..,c6o„m,I., 1m1 rW t,uL l{GS F+.,,0.471.1 c ) (—) OR: 3640 PG: 2608 EXWBIT "A" LEGAL DESCRIPTION BEING A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 49 SOUTH., RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 510 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, LESS THE EAST 30 FEET AND SOUTH 75 FEET FOR ROAD RIGHT-OF-WAY; LESS AND EXCEPT THE PROPERTY DESCRIBED ON PAGES 2 AND 3 OF THIS EXHIBIT"A". / 47 '.-77 " \ " 7 ■• :': • NAP:31 5801 PAGE 1 of 3 :: OR u 3640 PG: 2609 PUBLIC WORKS ENGNEPRING DEPARTMENT 2645 SOUTH HORSESHOE DRIVE I'AaPLES,FLORIDA 941I2 (239)659-5773 PROJECT NO^ PARCS'L MO,. 1 1 0 LEGAL DESCk��N_(L_ i}"A SURVEY) POLIO tvc� • ' r III ,• • • FIR MKS NCtttQ AT T1{H SOt ■, 1,.. :r -_'. COMM M 15 NCI •` �''' • S1ln.0!011111, FUVTNi oN .;• .r COMM PM MOOR ROAD RS 03 AND sEC0f40!WEST AtAy ! ` NORMS 0 naaMttt!1,7 MI S+� . SBCO PERT;it R LfHE'Ol�,�q(pt. COOM 1I,A Dsf'�BAtr OF t?im nu E OP Io.00 towns 3 worths ECCNDS 1Yelr 4 Mr:AIURLD7��tl�N�U�"{t�,IBSRyTtfRJ�Q�tM�1" I�eRC ( .,• • r.1,rM:. 7N Q. TO, rkltl�/t t, O7 ` S?Ai 1249;71,FEET;THRACg 1 f!0 r7A ..Q, N ' A 7 tSTAr A OF DISTAPIC3 OP I T,A! JY 1, 1,E Q •S Ct*VE,CONCAYR *A r dP,,.• 0 ;N, , ' . AMA OF t DEQM1, k bit ItAVi140 A Mal MF SSW � tmIAL AM A O 2 ORO!� 1 RIMS]7 SECONDS,At4O. w I• a ' F1�E° SAID IN 72 MRIUTRE S2 SECt1ND CURVE,A DUFF 707,0, �O TIM •r • 1 OF ALtJt CC£ REVERSE CORWI,CO THE�i',RRAVMNO A RAD 01103 OFIt1ET°,A C1iNTM1,ANQLTI OP i b i1tT1rltt ntl S!2i!E • •. SO 7i PERT 0 SOUS Z Q'..: �, 102; OF SOUTH ICON{!SAID CURVE,ADiR • ' • ':1[AST;71111liCE DRS=17 PIIHIMS103111CONDs!* = I w a aolttit o .SOUTH 43 DEISM Di MIMI!14 IECONO:_ 41,7,1,j�OF 21.0 tg{�Cg •NOICT11 It DIORaf1S!t MWUTES IS SECONDSWEST A Mama,OF rsj lFEffrt1TURHC Bourn Mt UGRIC ETMWUTE!13 swam TA t p ANC 4P 1,!0.04 FEET;TttEt4C'R NORTN,1,011,20E WAY LfNR OP INR S DtR AD; H NCII SOU1710 DEQ11R11S3fMIN0i151S SECONDS AFO IDMNRif1DQtLROAD;'fiMllq S! DISTANCE OP 400X PEST T°TILE P�OF ALONG SIMIMNt g. RAID DM ®�Tl MR,°A CONrAW W j 3. 33 AO1R!041,01)SQUARE BASF!OF a*MJNOS 1!211E EAST UNZIP Cott II BRING NORMS DBQRERS 17MrtIIJlR50S stomas wort • '' FARM f10 • r---"�,, ,r /' wyt. ilrA' ` GEC)PGE A.R ICHNI GNG• I Pr�OFEFQtnNAr LAND Bt,t1?VFYC�w•F1., ff€G, r'240E TtRANSPO IA7ION ENGINEERING OEPARTMENT, 0:471,::i•.�.v.!'.1,'{w F14�.iit"IIV:. ::'r;i‘.. NAPLES,FLORIDA, 34104 PAGE 2 of 3 (` OR: 3640 PG: 2610 *" , PUBLIC WORKS ENGINEERING DEPARTMENT • 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 1 SKF,'TCI•I OF DESCRIPTION ' ' S.89°32°18"E. 480.05' 187.45 w CURVE EE Curve number 1 ' NO. 2 I 41* Radius +° 5686.33° ei ea x 06107'58° -2 Arc 11' 608.66' Chord X608.36' ,eft Chord Bra. S.O7°20°[[°E. Curve number _ „� Radius c 5806.33° :'" ` -- �~ ° 0 d ,u 02'02'37' 4'` f' `+`,• N. e "C! A • rc 207.09' r1r ". n •, \.Chord CURVE 9 IX • Chord Bra. 5.04°22°52°E/ .r---,r. r_ ""1V0. ,, 11 6°� 0 `:. .�` P11R(3i4L 110-' ,, v . y,� / r'r •', •-I -- -"4 : .,,~y'";,or.x..17. s' $ i-30' • 21.06' - t • Pe0.8. 385.04' ./ S.89'31'1S"E 480.05' _m 1 10.00' —_1t 'rr ROAD? I 1 75.00' CR-895 (150" R/W) GENERAL NOTES P.O.C. 13 P.O.C. Indicates Paint of Conme'ncerlent 2) li3O.1° tndicttew Point. of Re I , 3) Sec. Irrdlc;a.ttir Section 4) Trip. Indlclatee Township 3) Rot. lndtcatts Range 6) R/V Indicates Right-oF-way r 7) AU distances ere In feat and declnats thereof 8) Bearings are based an the East tine or said Section 1a as being N,00°17'?3°i, • 9) blciL vow unii”er F147,,r� rr,rr rPoltr) v,lil•, •t•„ • r,11 4';; r•r I r /..st'i. L; r11 vt C , . ,t. n. ,ut'W our vc yur t 1 I THIS IF ONl " t cvr'r�'-I i( PAGE 3-of 3 011 taftt Prope rtv Summary 00256360507 Adv, 3295 PINE RIDGE RD 7/1"1".:'1.6";" H & H PROPERTIES LIC 329S PINE RIDGE RD cIty NAPLES ft: 1.1 Zio 34109-5922 Nilapt ?..z;trap Section TowrksWp Range. Ascres 4Al2 000100 038 4Al2 12 49 25 10.44 12 49 25 E 510 FT OF 5E1/4 OF 5E1/4 LESS E 30FT AND S 75 FT LESS ORDER OF TAKING DESC IN OR 2660 PG 3364 AND CORRECTED BY OR 3513 PG 991 1\1111itcy..A.700 47 Ratet.; 'Calcu!ation. /Cc 100- ACREAGE HEADER Sthoni Othes. 7:131:itt . 69 - ORNAMENTALS, MISC AGRICULTURAL 5.7427 11.4327 C 70,'C' 7a:if: RC 7 .:11y1 t."?.'1.1a flook-rl'ag e fraCt :„ar,c \' ie $ 592.000 09/13/04 3(?49 $1,600,000 (+) wee Vaf ue $347.611 08/01/94 1980 • $445,000 t=1 Market Value $939,611 (.--) Assessed Value $664,960 • lttn 1/www. n1 1 evAnnrai ger.coni/rn ain search/Rec orddetaiL an=1\7o&Foil aNum=00256360507 5/27/2012 ... (. . I (I: 1 1 ,c Y it t I'/' l+cxrr. [ CA'ilr4.1C7"; ill E.01.1))e ir 1:,\11 A Pr'll 1;i• i nl.... • Pavim!No,. 00256360507 St e biodr. 32.95 PINE RIDGE RD . ., ., ': p-." %) • -` :,,, '-i. " . , V .; • ' ' •,:l ,,.,..."• . . - iir, 4rt, , 1 1,4, - , , . . . , . , . -n •„' -.:yr.'.', :4,i'^:7'''''',' .Ar . ,•, ,,, . . 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"'.'.! , ' , , ,' . _ - • , ..1 - IMP_-.46,11.* * • , , , . - . 4. ..-,‘ • - , .. 'it 71-1" 7 ausammataikkompa***.m*' -,.......,..4,,,g,,,,,,...*...,, - ,, -, .,§ ,-•••\ l C Transportation Impact Statement n+' z�ro rat: Trebilcock planninuenoineerinq Traffic Impact Statement Germain Honda Growth Management Plan Amendment (GMPA) and Planned Unit Development (PUD) (NW Corner of Pine Ridge Road and Livingston Road) Collier County, FL 7/31/2014 Prepared for: Prepared by: Agnoli, Barber & Brundage, Inc. Trebilcock Consulting Solutions, PA 74.00 Tamiami Trait, Suite 200 1205 Piper Boulevard, Suite 202 Naples, FL 34108 Naples, FL 34110 Phone: 239-597-3111 Phone: 239-566-9551 Email: ntrebilcock @trebilcock.biz Germain Honda—GMPA/PUD—T1S—July 2014 Statement of Certification I certify that this Traffic Impact Statement has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic a r nd Transportation Engineering. • � � ��• u f• q f L /47,",.,;'1' 1,1 Norman J. Trebilcock, AICP, t��L� :rf ii; ' FL Registration No. 47116 Trebilcock Consulting Solutions, PA 1205 Piper Boulevard, Suite 202 Naples, FL 34110 Company Cert. of Auth. No. 27796 Trebilcock Consulting Solutions,PA 1 2 Germain Honda—GMPA/PUD—TIS—July 2014 Table of Contents Project Description 4 Trip Generation 5 Trip Distribution and Assignment 7 Background Traffic 9 Existing and Future Roadway Network 9 Project Impacts to Area Roadway Network Link Analysis 10 Site Access Analysis 11 Improvement Analysis 13 Mitigation of Impact 13 APPENDICES Appendix A: Initial Meeting Checklist (Methodology Meeting) 14 Appendix B: Project Master Site Plan 20 Appendix C: Trip Generation Calculations ITE 9th Edition 22 Appendix D: Turning Movements Exhibits 24 Trebilcock Consulting Solutions,PA t> a g 1 3 Germain Honda—GMPA/PUD—TIS—July 2014 Project Description The Germain Honda project is a proposed Growth Management Plan Amendment (GMPA) and Planned Unit Development (PUD) that is located in the northwest corner of Livingston Road (CR 881) and Pine Ridge Road (CR 896) intersection, within Section 12, Township 49 South, Range 25 East, in Collier County, Florida. The project site is currently being used as a retail ornamental landscape nursery. Refer to Fig. 1 — Project Location Map, which follows and Appendix B: Project Master Site Plan. Fig. 1—Project Location Map tOlv '44V14111W-' stbirmi I ft awe tri its 4 "I I. 4 t r-40.4- *b.� 1 V t d j t * + ' sof ` • >3` Trebilcock Consulting Solutions,PA i 4 Germain Honda—GMPA/PUD—TIS—July 2014 The Collier County Growth Management Plan currently allows the site to be developed with up to 40,000sf Office (20ksf of General Office and 20ksf of Medical Office). The GMPA/ PUD application proposes to allow the site to develop as a 60,000sf automotive car dealership facility. A methodology meeting was held with the Collier County Transportation Planning staff on June 18, 2014, refer to Appendix A: Initial Meeting Checklist. For purposes of this evaluation, the project build-out year is assumed to be consistent with the Collier County 2019 planning horizon. The project provides a highest and best use scenario with respect to the project's proposed trip generation. The development program is illustrated in Table 1. Table 1 Development Program Land Use ITE Land Total Size Build-Out Planning Use Code Year Horizon Year Allowed General Office Currently_-� _ Bldg 710 20,000sf N/A N/A Currently Allowed Medical-Dental Y Office Bldg 720 20,000sf N/A N/A Currently Allowed TOTAL Office 40,000sf N/A N/A Dealership Proposed Automobile 841 60,000sf 2019 2019 Conditions Sales Access to the site is currently provided as follows: one right-in/right-out connection to eastbound Pine Ridge Rd.; two right-in/right-out connections on southbound Livingston Rd. Under the GMPA proposed conditions, the southern access on Livingston Rd. is proposed to be blocked off. No new connections are proposed as part of this application. Trip Generation The project's site trip generation is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th Edition. The software program Otiss Online Traffic Impact Study Software (Version 3.0.0.137) was used to create the raw unadjusted trip generation for the project. The ITE rates and equations were used for the trip Trebilcock Consulting Solutions,PA ) a - I 5 Germain Honda—GMPA/PUB—TIS—July 2014 generation calculations, as applicable. The ITE — Otiss trip generation calculation worksheets are provided in Appendix C, ITE Trip Generation Calculations. Based on ITE recommendations, no reductions for internal capture or pass-by trips have been taken into consideration. The new proposed project trip generation is illustrated in Table 2A. The trip generation analysis under zoned allowed conditions is shown in Table 2B. The net new proposed trip generation (Table 2C, on the next page) shows total proposed conditions versus existing allowed (the difference between Table 2A and Table 2B). Table 2A Trip Generation (Proposed Conditions)—Average Weekday 24 Hour Two- Way Volume PM Peak Hour Land Use Size Enter Exit Total - Automobile sales 60,000sf 1,938 55 83 138 Table 2B Trip Generation (Existing Allowed by Current GMP)—Average Weekday 24 Hour Two- Way Volume PM Peak Hour Land Use Size Enter _ Exit Total General Office Bldg. 20,000sf 386 17 84 101 Medical-Dental Office Bldg. 20,000sf 723 19 49 68 TOTAL 40,000sf 1,109 36 133 169 Table 2C Trip Generation (GMP/PUD net new)—Average Weekday 24 Hour Two- Way Volume PM Peak Hour Land Use Size Enter Exit Total Net New 20,000sf 829 19 -50 -31 Development Trebilcock Consulting Solutions,PA — ; V 15 Germain Honda—GMPA/PUD—TIS—July 2014 As referenced against the projected allowed traffic conditions, the net new proposed trips shown in Table 2C illustrate an approximate overall 18% decrease in traffic volumes. Therefore, the proposed new project traffic impact will be no greater than the existing allowed use generated traffic. The roadway link concurrency analysis on the surrounding roadway network will be analyzed based on only the net new trips generated as a result of the proposed project (refer to Table 2C). The Table 2A trip generation values (project proposed conditions) are to be used for the site access analysis, and will be used at the time of Development Order approval. Trip Distribution and Assignment The net new traffic generated by proposed project was assigned to the adjacent roadways using the knowledge of the area and as coordinated with Collier County Transportation Planning Staff. The assignment of the net new proposed site-generated trip distribution is shown in Table 3, Project Traffic Distribution for PM Peak Hour and is graphically depicted on Fig. 2 — Project Distribution By Percentage and By PM Peak Hr. Table 3 Project Traffic Distribution for PM Peak Hour CC PM Peak Hr Project AUIR Roadway Link Distribution Roadway Link y of Project Traffic Vol. Link ID Location — # Traffic Enter Exit Livingston Rd (CR 881) 53.0 North of Pine Ridge Rd 20% 0 South of Pine r--- — Livingston Rd(CR 881) 54,0 20% 4 0 Ridge Rd Pine Ridge(CR 896) 67.1 West of �� - _ Livingston Rd 30% 6 0 Pine Ridge(CR 896) $7 2 East of ��- ______ Livingston Rd 30% 6 0 Trebilcock Consulting Solutions,PA 17 Germain Honda—GMPA/PUD—TIS—July 2014 Fig. 2—Project Distribution by Percentage and By PM Peak Hour 11111 ti 0 Ir NNW ._.'Yet. *LS Ct‘ ...L....AV 41 A TRI°P.OISTTRIT NTION ', . IMP BY PERCENTAGE ir../ 141 ilkii,i 4*. 1 NW iliiiito. i All EB 1 • ' r 4 *.S•Ift ' 139%11 . : 4 4 1 . 4. It• • • gm . 1 / 3 tr, • / : N... i _ _ i ■ ,...-■ gin •Repluer- ..... _.).- I 1 i i ( I PM" I Om, `41111 ... ur 410 ......, „Lir?, PROJECT NET NEW jf - TRIP E4STRIBUTION 0' TBOUND MAP SY PM PK RR 1 07;lij ^*” "1111" I 16, , et i 'kV al, .., I 1 ----- Trebiicock Consulting Solutions,PA - l 8 Germain Honda—GMPA/PUD—TIS—July 2014 Background Traffic Average background traffic growth rates were estimated for the segments of the roadway network in the study area using the Collier County Transportation Planning Staff guidance of a minimum 2% growth rate, or the historical growth rate from annual traffic counts (estimated from 2008 through 2012), whichever is greater. Another way to derive the background traffic is to use the 2013 AUIR volume plus the trip bank volume. Table 4, Background Traffic without Project, illustrates the application of projected growth rates to generate the projected background (without project) peak hour peak direction traffic volume for the build-out year 2019. Table 4 Background Traffic without Project(2013- 2019) 2013 AUIR Projected 2019 Projected CC Pk Hr,Pk Dir Traffic Pk Hr,Peak Dir Roadway AUIR Roadway Link Background Annual Growth Trip Background Link Link ID Location Traffic Growth Factor Bank Traffic Volume # Volume Rate w/out Project (trips/hr) (%/yr) (trips/hr) Livingston "— Rd(CR 53.0 North of Pine 1,430 2.0% 1.1262 171 1,611 881) Ridge Rd Livingston Rd(CR 54.0 South of Pine 1,510 2.0% 1.1262 250 1,760 881) Ridge Rd Pine Ridge 67.1 West of 2,480 2.0% 1.1262 351 2,831 (CR 896) Livingston Rd Pine Ridge 67 2 East of Livingston 2,030 2.0% 1.1262 109 2,287 (CR 896) Rd Note(s): Growth Rate=from 2008 to 2012 traffic count data,or 2%,whichever is greater. Growth Factor= (1+Annual Growth Rate)^6. 2019 Projected Volume=2013 AUIR Volume*Growth Factor,or 2013 AUIR +AUIR Trip Bank,whichever is greater. Existing and Future Roadway Network The existing roadway conditions are extracted from the 2013 Annual Update and Inventory Report (AUIR) and the project roadway conditions are based on the current Collier County 5-Year Work Program. Roadway improvements that are currently under construction or are scheduled to be constructed within the five year Transportation Improvement Plan (TIP) or Capital Improvement program (CIP) are considered to be Trebilcock Consulting Solutions,PA P a , e 19 Germain Honda—GIWPA/PUD—TIS—July 2014 committed improvements. As no such improvements were identified in the Collier County 2013 AUIR, the evaluated roadways are anticipated to remain as such through project build-out. The existing and future roadway conditions are illustrated in Table 5, Existing and Future Roadway Conditions. Table 5 Existing and Future Roadway Conditions Exist Peak Dir, Future CC AUIR Roadway Link Exist Min. Peak Hr Project Roadway Link Link ID# Location Roadway St SOS rd Capacity Build out Volume Roadway Livingston Rd 53.0 North of Pine 6D -__E 3,100(S) 60 (CR 881) Ridge Rd Livingston Rd 54 0 South of Pine 6D E 3,100{N} 6D (CR 881) Ridge Rd Pine Ridge 671 West of 6D E 3,000(E) 61) — (CR 896) Livingston Rd Pine Ridge 67 2 East of 6D E 3,000(E) 6D (CR 896) Livingston Rd Note(s): 2U=2-lane undivided roadway;4D,6D,8D=4-lane,6-lane,8-lane divided roadway, respectively; LOS= Level of Service. Project Impacts to Area Roadway Network Link Analysis The Collier County Transportation Planning Services developed Level of Service (LOS) volumes for the roadway links impacted by the project, which were evaluated to determine the project impacts to the area roadway network in the future (2019). The Collier County Transportation Planning Services guidelines have determined that a project will be considered to have a significant and adverse impact if both the percentage volume capacity exceeds 2% of the capacity for the link directly accessed by the project and for the link adjacent to the link directly accessed by the project; 3% for other subsequent links and if the roadway is projected to operate below the adopted LOS standard. Based on these criteria, this project does not create any significant and adverse impacts to the area roadway network. None of the analyzed links are projected to operate below the adopted LOS standard with or without the project at 2016 future build-out conditions. Table 6, Roadway Link Level of Service, illustrates the LOS impacts of the project on the roadway network closest to the project. Trebilcock Consulting Solutions,PA P a e ( 10 Germain Honda—GMPA/PUD—TIS—July 2014 Table 6 Roadway Link Level of Service (LOS)—With Project in the Year 2019 CC 2013 Peak Roadway 2019 Min LOS Min LOS Volume AUfR Roadway Dir,Peak Link, Peak Peak Dir, Ca aci exceeded exceeded Roadway Link Hr Dir, Peak Hr Peak Hr p without with Link Link Location Impact ID# Capacity (Project Vol Volume Project? Project? Volume Added) w/Project By Yes/No Yes/No Project Livingston Rd 53 0 North of Pine 3,100(S) 41,615 0.13% No No uR(CR 881) Ridge Rd _ Livingston Rd 54 0 South of Pine 3,100(N) 4 1,764 0.13% No No (CR 881) Ridge Rd Pine Ridge 67,1 West of 3,000(E) 6 2,837 0.20% No No ^ (CR 896)* Livingston Rd ' Pine Ridge 67.2 East of 3,000(E) 0 2,287 0.00% No No (CR 896) Livingston Rd Note(s): *2017 is the year expected deficient as shown in CC 2013 AUIR. Site Access Analysis Access to the site is currently provided as follows: one right-in/right-out connection to eastbound Pine Ridge Road; two right-in/right-out connections on southbound Livingston Road. Under the new proposed conditions, the southern access on Livingston Road is proposed to be eliminated. No new connections are proposed as part of this application at this time. Livingston Road (CR 881) is a 6-lane urban divided arterial under Collier County jurisdiction, and has a posted legal speed of 45 mph in the vicinity of the project. Based on FDOT Index 301, design speed of 45 mph, the minimum turn lane length is 185ft (which includes a 50ft taper) plus required queue. Pine Ridge Road (CR 896) is a 6-lane urban divided arterial under Collier County jurisdiction, and has a posted legal speed of 45 mph in the vicinity of the project. Based on FDOT Index 301, design speed of 45 mph, the minimum turn lane length is 185ft (which includes a 50ft taper) plus required queue. Project access is evaluated for turn lane warrants based on Collier County Right-of-way Ord. No. 2003-37: (a) two-lane roadways --40vph for right-turn lane/20vph for left-turn _ lane; and (b) multi-lane divided roadways --turn lanes shall always be provided. Trebilcock Consulting Solutions,PA a ra 3 111 Germain Honda—GMPA/PUD—TIS—July 2014 Turn lane lengths required at build-out conditions are analyzed based on the number of turning vehicles in an average one-minute period for right-turning movements, and two- minute period for left-turning movements, within the peak hour traffic. The minimum queue length is 25ft and the queue/vehicle is 25ft. For more details refer to Appendix D. Turning Movements Exhibits. A more detailed evaluation of applicable access points and nearby intersections will be performed at the time of Development Order (i.e., Site Development Plan [SDP] I Construction Plans and Plat [PPL] applications), as applicable. • Livingston Road (CR 881)—Site Access East The existing right-turn lane is approximately 210ft long and is part of the dedicated right-turn lane on the southbound leg of the Livingston Road and Pine Ridge Road intersection. A right-turn lane is warranted as the project meets the multi-lane criteria. The project is expected to generate 22vph inbound right- turning movements during the PM peak hour, which is below the 40vph threshold value. As such, at the minimum, the southbound right-turn lane should be 210ft long (185ft deceleration lane with taper and 25ft storage) to accommodate site projected traffic. • Pine Ridge Road (CR 896)—Site Access South The existing right-turn lane is approximately 150ft long and is part of the dedicated right-turn lane for the "Etudes de Ballet" existing development, on westbound Pine Ridge Road. A right-turn lane is warranted as the project meets the multi-lane criteria. The project is expected to generate 33vph inbound right- turning movements during the PM peak hour, which is below the 40vph threshold value. As such, at the minimum, the southbound right-turn lane should be 210ft long (185ft deceleration lane with taper and 25ft storage) to accommodate site projected traffic. The existing right-turn lane is recommended adequate to accommodate storage needs for proposed project traffic. Trebilcock Consulting Solutions,PA 1 12 Germain Honda—GMPA,'PUD—TIS—July 2014 Improvement Analysis Based on the link analysis and trip distribution, the proposed project is not a significant and adverse traffic generator for the roadway network at this location. There is adequate and sufficient roadway capacity to accommodate the proposed development generated trips without adversely affecting adjacent roadway network level of service. A more detailed evaluation of applicable access points and nearby intersections will be performed at the time of Site Development Plan (SDP) / Construction Plans and Plat (PPL) submittals, as applicable. Mitigation of Impact The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are issued for the project. Trebilcock Consulting Solutions,PA a ; I 13 Germain Honda—GMPA/PUD—TIS—July 2014 Appendix A: Initial Meeting Checklist (Methodology Meeting) (5 Sheets) Trebilcock Consulting Solutions,PA ° a e 14 Germain Honda-GMPA/PUD-TIS-July 2014 INITL4L MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply,or N/A(not applicable). Date: June 13,2014 Time: N;A Location:N'A-Via Email People Attending: Name.Organization,and Telephone Numbers 1) John Podczerwinskv,CC Growth Mann Div 2) Reed Jarvi.CC Growth Mgmt Div 3) Norman Trebilcock,TCS Ciprian Malaescu.TCS Study Preparer: Preparer's Name and Title:Nomtan Trebilcock.AICP,PE Organization:Trebilcock Consulting Solutions.PA Address & Telephone Number: 1205 Piper Boulevard. Suite 202, Naples, Fl 34110;ph 239-566-9551 Reviewer(sj: Reviewer's Name&Title:John Podczerwinskv,Proiect Manager Collier County Transportation Planning Department Organization&Telephone Number:239-252-5890 Applicant: Applicant's Name:ARnoli.Barber&Brundage,Inc Address:7400 Tamiami Trail Blvd.,Suite#200,Naples,FL 34108 Telephone Number:239-597-3111 Proposed Development: Name:NW Corner-Livingston Rd and Pine Ridge Road -GMPA Location: on the northwest corner of Livingston Rd.and Pine Ridge Rd.(refer to Fis.t). Land Use Type: Proposed - Automobile Sales; Approved - General Office Bide. and Medical-Dental Office Bldg. ITE Code 4: Proposed-LUC 841:Approved-LUC 710:LUC 720 Description: Approved Conditions - 20ksf General Office 20ksf Medical Offce;, Proposed Conditions-60ksf auto sales. Page 1 or Trebilcock Consulting Solutions,PA , 2 15 it Germain Honda—GMPA/PUD—TIS—July 2014 Fig.t—Project I,torttion 1.tap • '.2 Zoning I: isting:approved commercial C'omprettcnsivc plan reconuncttdatton:To allow .auto sales. R.:quested:G1tP.k approval for new de\elotxncnt Findings of the Preliminary Study: Study-type::Sinc;e projected net new :la'1fJ?roiect traffic is below 50 speak hour trips,ilj study Qualifies for a Small TIS - no significant operational impacts with minimal roadway impacts and work within the county right-of-way.The TIS will include P\1 peak hour nits generation, traffic distribution and assignments. significance test roadway link analysis and site access points turn lane analysis. Study Type: of not net increase.operational study Small Scale ITS � liinor CIS [❑ 1Iaa•TTS i'at.2 of 5 Trebilcock Consulting Solutions,PA 1 16 Germain Honda-GMPA/PUD-TIS-July 2014 Stull Area: tinur3ciari. : south -line RicIvo Rd..cast- ingston Rd .\dditionai intcrse-,:tia>tts to be analyzed:\,t nand f)ut Fear: 2019 W� Planning',Horizon 1 ear: 2t/::9 Analysis Time Period(sj: li Future C)ff-Sit.Developments:\_� Source ef'Trip Generation Rates:IT1 9ih Edition Reductions in Trip Generation Rates: None:\.k Pass-by trim:i,1 Internal trig (PI-D?: .1/2. Transit rise::\ .: Other: 1 Iiurizan Year Routinav°Network lmortn ernents:2019 Methodology&Assumptions: \on-site:traffic estimates:Collier('ounty traffic.:ousts artd or 201 \1:TR Site-trip generation: i.1 C$41 TIT?9111 i;dition Trip distribution method:entzinccr's estitnatc refer to Fig.2.on next 1 e Traffic assignment method:project trio generation ith baekeround growth Traffic growth rate:historical groct tIs rate or 2°0 minimum Project.+ecesses: Pine Ridge Rd • s esthound right i rri ht out-existinl'tito remain f.ivinuston Rd -- southbound right in-right out -existing northern and souther access points- only the northern one to remain; .:xisiing.left-turn -'emergeitay vehicle. ottl- prooased as a to be evaluated median dircetitntal naening(joint use with sclio 1 . Hg.2-Project Trip Distribution by Percentage A ;'•Alit 3 Ott 5 Trebiicocic Consulting Solutions,PA I 17 Germain Honda—GMPA/PUD—T1S—July 2014 • Special Features:(from preliminary study or prior experience) Accidents locations:N!A Sight distance:'v i. Queuing:N)A Access location&configuration:V,'A Traffic control:MUTCD Signal system location&progression needs:N.A Chi-site parking needs:N/A. Data Sources:CC 2013AUIR:CC Traffic Counts Base maps:ti./.A. Prior study reports:NIA Access policy and jurisdiction:Ni AA Review process:A_ Requirements:NIA Miscellaneous: N/A • Small Scale Study-No Fee r Minor Study-$750.00 Major Study-$1500.00 Includes 2 intersections Additional Intersections-$500.00 each All fees will be agreed to daring the Methodology meeting and must be paid to Transportation prior to our sign-off on the application. SIGNATURES Norm-Pvt.TrebU.cocle Study Preparer—Norman Trebilcock — Reviewer(s) Applicant Page 4 of 5 • Trebilcock Consulting Solutions,PA ' a g e l 18 Germain Honda—GMPA/PUD—TIS—July 2014 Collier County Traffic Impact Study Review Fee Schedule Fees will he paid incrementally as the development proceeds: Methodology Review, Analysis Review, and Sufficiency Reviews. Fees for additional meetings or other optional services are also provided below. Methodology Review-$500 Fee Methodology Review includes review of a submitted methodology statement,including review of submitted trip generation estimate(s), distribution, assignment, and review of a "Small Scale Study" determination, written approval:comments on a proposed methodology statement, and written confirmation of a re-submitted. amended methodology statement, and one meeting in Collier County,if needed. "Small Scale Study"Review-No Additional Fee(Includes one sufficiency review) Upon approval of the methodology review, the applicant may submit the study. The review includes: a concurrency determination, site access inspection and confirmation of the study compliance with trip generation,distribution and maximum threshold compliance. "Minor Study Review"-S750 Fee(Includes one sufficiency review Review of the submitted traffic analysis includes:optional field visit to site,confirmation of trip generation,distribution and assignment,concurrency determination,confirmation of committed improvements, review of traffic volume data collected assembled, review of off-site improvements within the right-of-way,review of site access and circulation,and preparation and review of"sufficiency"comments`questions. "14aior Study Review".S1 500 Fee(Includes two intersection analysis and two suf ener reviews) Review of the submitted traffic analysis includes: field visit to site, confirmation of trip generation, special trip generation andor trip length study, distribution and assignment. concurrency determination,confirmation of committed improvements,review of traffic volume data collectediassembled,review of traffic growth analysis,review of off-site roadway operations and capacity analysis,review of site access and circulation,neighborhood traffic intrusion issues, any necessary improvement proposals and associated cost estimates,and preparation and review of up to two rounds of"sufficiency" comments/questions and/or recommended conditions of approval. "Additional intersection Review"-S500 Fee The review of additional intersections shall include the same parameters as outlined in the"Major Study Review"and shall apply to each intersection above the first two intersections included in the"Major Study Review" "Additional Sufficiency Reviews"-S500 Fee) Additional sufficiency reviews beyond those initially included in the appropriate study shall require the additional Fee prior to the completion of the review. • • Page 5 of 5 Trebilcock Consulting Solutions,PA Page 19 Germain Honda—GMPA/PUB—TIS—July 2014 Appendix B: Project Master Site Plan (1 Sheet) Trebilcock Consulting Solutions,PA ' a U e 120 , . . ......0 , Germain Honda—GMPA/PUD—DS—July 2014 1 1 1 1 1 . • , 4 ■••••■ I hi? 1 I i — 11 I ' 1 I 11 I ■0, • 11 Id 1 :0, ' ...... r,s , • • i I • I I c........oH,...._) o o o , •'0.: \ .. lir -1K1111 0 t, #0 4 1 :I • , 41 1111101111 .- - A .- :.. 41 1 1 . ...... . , L - . i i It: ...... .,...-- • -4,- ' .. in I i I 1 1 t h _.... _ . s . . • __ , . I_ _- A = :---„_-_- --_-,- • 41 c 1 •=4: le i I — 1--- 1!: --••• : 1 -...-.....' •■••■•, M tir 'loci - - :...--_• I ci = % — , . t • til I 11 . il ..a.4 , I E."-_- - " 1.= ) • 'il "-- A 4 1 = ' • .e, — — r 4,1) • 3;-3E_ 1 . - .t..‘ : tk = • ' flif • '4 — • i 1 i it .11 I. 11111, 11..1111 _ -la, -. --. .....,_ ... . . ...„„,..,4,..„.., , --"•••iniw CNII,.....epose - . . =—ZET:-. i 1 1 k l' i 1 . I i fit iN' (cR-.8;6)--- mitingo Trebiicock Consulting Solutions,PA ■1 a.g e I 21. Germain Honda—GMPA/PUD—TIS—July 2014 Appendix C: Trip Generation Calculations ITE 9th Edition (1 Sheet) Trebilcock Consulting Solutions,PA )a _ 122 . . ,.„..,, ( " -, ( .— Germain Honda—GMPA/PUD—T1S—July 2014 Project Name: NW Comer-Livingston Rd and Pine No: Ridge Rd-Proposed . Date: 615/2014 City: StatelProv Inc e: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: 9th Daily AM Pk Hr PM Pk Hr Land Use Entry Exit , Entry Exit Entry ' Exit 841 -Automobile Sales 60 f" 969 969 36 29 55 83 Reduction a 0 0 o 0 0 . Internal 0 0 0 0 0 17 Pass-by 0 0 J 0 0 0 , 0 Non-pass-by 963 969 86 29 55 83 , Total 969 969 86 29 55 83 Total Reduction 0 0 0 0 , 0 ' 0 A Total Internal 0 0 0 0 0 0 Total Pass-by 0 0 0 0 0 . 0 Total Non-pass-by 969 969 86 29 55 83 '1.) /000 Sq Feel Gross Roof Are . . „ . .. „.......... ..., .. — Protect Name: N w Q.'S■rner-LN■ng5ton R0 ond Pant No: R■dge Rd-Attowed Date: 5/21/2U 14 City: State/Province: Zip/Postai Cod*: Country: Client Nam•: Analyst's Name: Edition: 3th Daily AM Pk Hr PM Pk Hr Land Use Entry Exit Entry Exit Entry Exit T10-Geretriii Office 20" 192. t'93 47 6 17 S4 Building , Reduction 0 0 0 0 0 } intemat 0 0 0 o 0 o Pass-try 0 0 0 '3 0 0 Non-pass-by 133 193 47 0 17 84 T20-Mtidlcal-riental Offic• 1/)0' 362 361 14 1 0 19 49 Building , R.eductIon a o 0 0 0 0 .ntemal 0 0 0 1 0 0 , Non-eass-bv 3132 se I 3.i 70 19 4.3 Total 555 554 •:'4; '0 .55 133 Total Reduction 0 .? 0 . 0 0 Total Internal 3 ,:i 0 .) 0 rj I 1 Total Patra-by 3 0 (3 0 C' • 3 Total Non-pass-by 1;55 554 65 ,R 38 13.3 '6 •t' /OW Sq Pawl Gross.:Poor 11re.:4 .. — .--... Trebilcock Consulting Solutions,PA P a g .s 23 0 Germain Honda—GMPA/PUD—TIS—July 2014 Appendix D: Turning Movements Exhibits (2 Sheets) Trebilcock Consulting Solutions,PA '? a 3 ( 24 C t ( Germain Honda—GMPA/PUD—T1S—July 2014 ....—.. risumalle".".........."1"4"........"1. . . . PROJECT TURNING, ,,,, :::: MOVEMENTS MAP '... , .:i :: BY PERCENTAGE ... . , , ,,, 41i . , if OA 1- . 1 I-17-A,1 Irt4/31-0 INC1111 , L.L.-____.1 , ....: I /,'Ill's:.1 ii.:.?tJT901..311C1 till Ill ,.. ... - f,•AtSil,,,..., :0%, 4(.: ',•:.,, 4 A S 1 4 a IsouTH II 4.---- , ., „.., ,....,.. „...t - ....:-t 1" 4 i_.• a 7,1A7-• (111114 41141 ."111 N 111111- egos* -7- '', * '-- , r-: .:4 . 111111 - . Trebilcock Consulting Solutions,PA : - : I 25 Germain Honda—GMPA/PUD—TIS—July 2014 ' PROJEC"1 TURNING 0 MO'k Mili N TS MA P BY PM Pit HR 3 i , ,-1 i {. �ra EAST .11 ACS ray tit f -,.„ 4 ZrAY4e, _ -: -1: 1, ft -4., - ,,,,..v...-- ir ao„ ........... , \ � 26 Trebilcock Consulting Solutions,PA AGENDA ITEM 9-C Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES SECTION, GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MAY 7,2015 SUBJECT: PUDZ-PL20140001326; GERMAIN HONDA CPUD (COMPANION ITEM TO GMPA-20140001282) PROPERTY OWNER/AGENT: Applicant/Contract Purchaser: Owners: Stephen L. Germain, Manager R&H Properties, LLC JAZ Real Estate Holdings,LLC 3295 Pine Ridge Road 11286 Tamiami Trail North Naples,Fl 34109 Naples,Fl 34108 Agents: Dominick J. Amico,Jr., P.E. R. Bruce Anderson Agnoli,Barber and Brundage,Inc. Cheffy Passidomo 7400 Tamiami Trail North 821 Fifth Avenue South Naples,Fl 34109 Naples, Fl 34102 REOUESTED ACTION: The petitioner requests that the Collier County Planning Commission(CCPC) consider a rezone of the subject site from the Agriculture (A) zoning district to the Commercial Planned Unit Development(CPUD)zoning district for a project to be known as Germain Honda. GEOGRAPHIC LOCATION: The subject PUD, consisting of 10.47 acres, is located in the north west quadrant of the intersection of Livingston Road and Pine Ridge Road, in Section 12, Township 49 South, Range 25 East, Collier County,Florida. (See location map on following page) CPUD-PL20140001326 Page 1 of 14 May 7,2015 CCPC Rev:/I 10 16,4-20-15,4-22-15, peal Di n,: 11117% r ••�! -- I a— °°"` ag °' . .m " U35 RSF-3 o i as wn..w,UK '� w.IDIOM c ea !! S wv .c mown MOIL w . rim alms E. i _ :$ # YI u i ill . r YO w. g ° i wr. 1.*C's: BITE 31011.1 e-_-. A -Slit 3:. LOCATION IMMO"Axe we ■iiii'Fin ME 1 Mal �a - . I. 2412..et ul aw'woli--ar, . e 4 ' ::- n wew a .. E= _ ri- '' .m PROJECT eeewwr """° a.. ' A 4: CPUD PINE POE MAO LOCATION °rr"m. i °" i 'a urwe MIN rw�r �..o®R -Eel11 J I is " PINE RIME ROAD C.R.096 a to e.ers wee ar.er g. „ . -< -rt-. r-m �'77-41,4" PIO .... 1 . . m ...n PUO i K P a�w,e,w r"w W.Me"'�''^� PUD m 9 u.e,.r... .m.n.NO PUD wwea " $ 0 ti ; .eeu.o , i 1 I m CPUD 13 son x to � m a 6 � !� w..aeo m,m • Man I lima 3 ......--".) _ e'-'u-a a�'a...... °�'° ..w anew .m..` y aa.x s � I . I i LOCATION MAP ZONING MAP # PETITION PUDZ-PL-2014-1326 } PURPOSE/DESCRIPTION OF PROJECT: In the petitioner's project narrative portion of their application the petitioner explains the project as follows: The Collier County Growth Management Plan currently addresses this property as the Pine Ridge/Livingston infill sub district in the Future Land Use Element. The sub district currently limits the development potential of the property to Office/Medical office use. The purpose of these (this) application is to amend the GMP to allow a rezone which would include automotive dealership as an allowable use and to submit a PUD rezoning request to permit that use in addition to the currently allowed office uses. The Subdistrict currently limits rezoning to a maximum of 40,000 square feet of general ik office and medical office. A pair of FPL transmission line easements run the length of the western side of the property from north to south and encumber 225' of the projects western edge. The existing retail plant nursery currently uses the land under the FPL lines for nursery stock storage and display. Staff notes that the description above originated at the start of the petition request and the applicant revised the request to reduce the proposed use to the single motor vehicle dealership use; that use is permitted only on track A, which is the southern 10-acre portion of the site, so as to be consistent with the companion small scale GMP amendment, The northern portion or tract B portion of the development will have stormwater treatment, landscape buffers, signs and other site improvements as principal uses however these uses would be considered accessory or subordinate to the use allowed in tract A. The project will have one access on Livingston Road and one access on Pine Ridge Road which will be shared with the ballet studio to the west using the proposed interconnection. This shared access point is subject to FP&L approval since it is entirely within FP&L's easement. The petition originally contained a single landscape deviation that the applicant removed during the review process,therefore no deviations are being sought from the provisions of the LDC as part of this request. As noted above there is also a companion small scale amendment to the Pine Ridge/Livingston Commercial Infill Sub-district of the Future Land Use Element of the Growth Management Plan (Petition GMFA CPSS-2014-2/PL20140001282). This petition request cannot be approved without the approval of the companion GMPA. SURROUNDING LAND USE AND ZONING: North: Developed Community School,with a zoning designation of Community Facility(CF) East: Livingston Road ROW, then developed residences with a zoning designation of Estates (E), and the developed Cambridge Square with a zoning designation of Commercial Planned Unit Development(CPUD). South: Pine Ridge Road ROW, then developed multi-family residences with a zoning designation of Planned Unit Development(Related Group PUD). West: Developed Community School, with a zoning designation of Community Facility (CF) and developed Ballet Studio with a zoning designation of Agricultural (A) with a Conditional Use(CU). CPUD-PL20140001326 Page 3 of 14 May 7,2015 CCPC Rev:4 10 15,4-20-15,4-22-15, - Y { ` A y r Proposed Germain Honda �' r , - 1, . N '_ ik , Dealership " . `+►'•> 6 ,"�. s .i r ; I' w _ Y Ir ! i ` - 41 ' —j i -. . 4 , . . *alt ' s . . : I DP � , t• 1 / _ ....7.'4, , '`"11'1t i i T ? A r I y � I_ ��... _ ' . er-- 6 _ aY:79Cf 9J • — i r• ,i - 4411!,;„,t--:-, ,f 4, �- -, y i xA Aerial Photo GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban, Urban Commercial District, Livingston/Pine Ridge Commercial Infill Subdistrict, as depicted on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). That Subdistrict is comprised of both the southeast and northwest quadrants of the Livingston Road/Pine Ridge Road intersection; it reads,in part: b.Northwest Quadrant The feasibility of interconnections to the abutting properties to the North and West will be considered and, if deemed feasible,will be required during the rezoning of the subject property. This quadrant shall be limited to general and medical office uses, provided that the total building square footage does not exceed 40,000 square feet. Building height shall be limited to three stories with a 50 foot maximum height. The above allowed uses are not proposed. However, there is a companion "small scale" GMP amendment petition (PL20140001282/CPSS-2014-2) that proposes to add auto CPUD-PL20140001326 Page 4 of 14 May 7,2015 CCPC Rev:'1 10 16,4-20-15,4-22-15, dealership use, at 60,000 square feet of building area, on the southerly ten acres of this quadrant of the subdistrict. The PUD is proposed solely for this use and building area, and limited to the southerly 10 acres for the auto dealership use. Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. Comprehensive Planning leaves this determination to Zoning Services staff as part of their review of the petition in its entirety, but would suggest applicable provisions from the Top Hat CPUD be employed in this proposed PUD in an effort to provide compatibility with low density residential uses to the east. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects, where applicable. Each policy is followed by staff analysis in [bold text]. Objective 7: In an effort to support the Dover,Kohl&Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [Exhibit C, PUD Master Plan, depicts direct access to Pine Ridge Road (CR 896) and Livingston Road, both classified as arterial roads in the Transportation Element.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [Due to the parcel size and nature of proposed development, the property is expected to develop as a single use project,therefore containing a parking lot but no actual road.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [The site abuts roads on three sides. The road on the north border serves the Community School of Naples; a potential connection is depicted on the PUD Master Plan. The 4th side (west) is encumbered by an FPL easement though this may not necessarily preclude an CPUD-PL20140001326 Page 5 of 14 May 7,2015 CCPC Rev:4 10 15,4-20-15,4-22-15, interconnection. The property to the west is developed and the PUD Master Plan depicts a shared access point-to the west-on Pine Ridge Road.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [For the most part, this policy is not applicable to this non-residential project. Open space will be provided as required per the LDC.] Based upon the above analysis, the proposed PUD may be deemed consistent with the Future Land Use Element, contingent upon approval of the companion GMP amendment petition. This PUD rezone petition may only be approved if the companion GMP amendment petition is approved, and would be subject to the GMP amendment becoming effective. Transportation Element: This project can be found consistent with Policy 5.1 of the Transportation Element of the GMP. s 3 Conservation and Coastal Management Element (CCME): Environmental review staff found this project to be consistent with the Conservation&Coastal Management Element(CCME). GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE—but only if the companion GMP amendment petition is approved and becomes effective. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP if the companion GMP amendment petition GMPA-20140001282 is approved. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading"Zoning Services Analysis."In addition, staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address environmental concerns. This project does not require Environmental CPUD-PL20140001326 Page 6 of 14 May 7,2015 CCPC Rev:4 10 15,4-20-15,4-22-15, 3 Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues as well as roadway capacity, and recommends approval subject to the Developer/owner commitments as provided in the PUD ordinance. Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. As noted earlier in the staff report, the area to the north is the developed Community School development, with a zoning designation of Community Facility(CF). To the east is the Livingston Road right-of-way,then a residential development with a zoning designation of Estates (E), and the Cambridge Square Commercial development with a zoning designation of Commercial Planned Unit Development(CPUD). To the South is the Pine Ridge Road right of way,then a multi-family residential development with a zoning designation of Planned Unit Development (PUD). To the west is same the developed Community School development noted above, and a developed Ballet Studio with a zoning designation of Agricultural (A) with a conditional Use (CU). The PUD document proposes a single use new and used automobile dealership with the accessory uses noted in the PUD. The proposed master plan organizes the site with building areas located along the eastern portion of the site with Livingston Road to the east and Pine Ridge Road to the south and the FP&L easements along the western portion from north to south. The area under the FP&L easements will contain vehicle parking and storage. As noted above there are residential uses separated from the development by Livingston Road and Pine Ridge Road. The proposed automobile dealership with 60,000 square feet of building area exceeds the 40,000 square feet office use provisions of the current GMP subdistrict provisions and the companion GMPA will increase the square footage to 60,000 for an auto dealership use. The applicant provided traffic study indicates that the number of trips is comparable between the office use and dealership use and square footage provisions. Zoning staff is of the opinion that this project can be compatible with and complementary to the surrounding land uses if the staff recommended conditions are approved. FINDINGS OF FACT: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires CPUD-PL20140001326 Page 7 of 14 May 7,2015 CCPC Rev:11 10 15,4-20-15,4-22-15, t e S the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below. [Staffs responses to these criteria are provided in bold, non-italicized font]: t PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the i CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staffs responses to these criteria are provided in bold font): i 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, 1 and other utilities. 1 g Staff is of the opinion that the proposed uses are compatible with the approved uses and existing development in the area. In addition, the proposed property development regulations in combination with staff recommended conditions provide adequate assurances that the proposed project will be suitable to the type and pattern of development in the area. iI 2. Adequacy of evidence of unified control and suitability of any proposed agreements, 1 contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to obtain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP only if the companion GMP amendment petition is approved, and subject to the GMP amendment becoming effective. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As described in the Analysis Section of this staff report, staff is of the opinion that the proposed uses, development standards, staff recommended conditions and developer commitments will help ensure that this project is compatible with the surrounding area. i 5. The adequacy of usable open space areas in existence and as proposed to serve the development. i CPUD-PL20140001326 Page 8 of 14 May 7,2015 CCPC a Rev:4 10 15,4-20-15,4-22-15, i i 4 I i The amount of open space set aside for this project appears to meet the minimum requirement of the LDC. I 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project as noted in the GMP FLUE and Transportation Element consistency review, if the mitigation proposed by the petitioner is included in any approval recommendation. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. I. 7, The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as wastewater disposal systems and 5 potable water supplies to accommodate this project based upon the commitments made by the i petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. i I 8, Conformity with PUD regulations, or as to desirable modifications of such regulations in ` the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is not seeking deviations from the provisions of the LDC and staff believes that i this request is in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). : s Rezone Findings: LDC Subsection 10.02.08 F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County r Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staffs responses to these criteria are 1 provided in bold font): : 1. Whether the proposed change will be consistent with the goals, objectives, &policies of the Future Land Use Map and the elements of the Growth Management Plan. x As outlined above this petition can be found consistent with the overall GMP only if the companion GMP amendment petition is approved, and subject to the GMP amendment becoming effective. However if the GMPA is approved, staff recommends that the project be found consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development and with all other applicable policies of the GMP. s 2. The existing land use pattern, Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it in the zoning review analysis. Staff believes the °` CPUD-PL20140001326 Page 9 of 14 May 7,2015 CCPC Rev:4 10 15,4-20-15,4-22-15, i proposed rezoning is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD rezone would not create an isolated zoning district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the proposed district boundaries are logically drawn since the zoning boundary mirrors the existing property boundary for the contract purchaser. S. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary,per se; but it is being requested in compliance with the fi LDC provisions to seek such changes — along with the necessary amendment to the future land use designation in the FLUE. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed change, subject to the proposed list of uses, staff recommended conditions, property development regulations and the proposed Development Commitments detailed in Exhibit F,should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time subject to the Transportation Commitments contained in Exhibit F of the CPUD ordinance. i 8. Whether the proposed change will create a drainage problem; The proposed change should not create drainage or surface water problems because the LDC specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. Additionally, the LDC and GMP have other specific regulations in place that will ensure review for drainage on new developments. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this petition were approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. This project's property development regulations provide adequate setbacks and distances between CPUD-PL20140001326 Page 10 of 14 May 7,2015 CCPC Rev:'1 10 16,4-20-15,4-22-15, 's 3 i structures; therefore the project should not significantly reduce light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is I driven by market value. There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of 3' adjacent property in accordance with existing regulations; 6 Rezoning this property to a PUD district seems appropriate. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a p p g grant of special privilege to an individual owner as contrasting with the public welfare; i The proposed development complies with the Growth Management Plan if the companion GMPA is approved which is a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does g not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 1 13. Whether there are substantial reasons why the property cannot be used in accordance with i existing zoning; k 1 The subject property could be developed within the parameters of the existing zoning k designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action and the companion GMP amendment petition. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, and further, believes the public interest will be maintained. , i 14. Whether the change suggested is out of scale with the needs of the neighborhood or the ti County; As noted previously, the proposed rezone boundary follows the existing property ownership boundary. The GMP is a policy statement which has evaluated the scale, density and r intensity of land uses deemed to be acceptable throughout the urban-designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in CPUD-PL20140001326 Page 11 of 14 May 7,2015 CCPC 2 Rev:4 10 15,4-20-15,4-22-15, 1 1 1 districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, staff has evaluated the appropriateness of this particular zoning petition. There may be other sites in Collier County that would allow the proposed uses; however the proposed uses are also appropriate at this location as well. The petition was reviewed on its own merit for compliance with the GMP and the LDC. As discussed in other portions of the staff report,the proposed rezone may be found consistent with the GMP if the companion GMP amendment is approved and becomes effective. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require considerable site alteration and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as it may be exempt by federal regulations. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING(NIM): This petitioner held a duly advertised NIM on December 3,2014. See attached synopsis. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed the staff report for this petition on April 20,2015. CPUD-PL20140001328 Page 12 of 14 May 7,2015 CCPC Rev:'1 10 15,4-20-15,4-22-15, i 1 RECOMMENDATION: a i Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CPUD-PL20140001326 to the BCC with a recommendation of approval, subject to the following condition of approval. Staff Recommended Conditions: l 1. This petition shall only be approved and is subject to the companion GMP amendment approval and effectiveness. 2. A Type `B" landscape buffer hedge shall be provided along any perimeter where the 1 development is located with a residential dwelling on the opposite side of Livingston Road or Pine Ridge Road. 3. Any vehicle parking area that does not meet minimum code landscape island 1 requirements of LDC Section 4.06.03.B shall be considered outdoor storage and be 4 required to meet LDC 4.02.12 screening standards. 4. All vehicle loading and off-loading activities including but not limited to vehicle/car carriers shall occur on site in a specific location to be shown on the LDC required Site 1 Development Plan (SDP). All vehicle/car carriers shall only exit the site using the s Livingston Road access. 1 5, The shared access point on Pine Ridge Road shall be allowed only after the owner of the property to the west, currently a Ballet Studio, closes its access point on Pine Ridge Road by removing the current driveway connection at Pine Ridge Road and owner of the Germain Honda CPUD rovides the County copy p ty a py of the recorded shared access Y. easement providing access through the Germain Honda CPUD to the property owner to the west. i Attachments: A. Draft Ordinance, B. Application C. NIM synopsis y i L 3,{ i ff i 1 i 3 k i i 1 3 CPUD-PL20140001326 Page 13 of 14 $ May 7,2015 CCPC Rev:A 10 15,4-20-15,4-22-15, t P' 'ABED BY: /41 _�.�,F � 2 c) • 15 CH EL E PROJECT MANAGER DATE ZONING SERVICE SECTION REVIEWED BY: 4 . Ze? - IS RAYMOy'i V. BELLOWS, ZONING MANAGER DATE ZONING SERVICES SECTION 4-i-2,J- i r MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION APPROVED BY: Y/P3'%s'"- IE FRENCH, DEPUTY ADMINISTRATOR DATE GROWTH MANAGEMENT DEPARTMENT iv-(7A0 / y I C , A' AN E IDt DATE DEPUTY COUNTY MANAGER Tentatively scheduled for the June 23, 2015 Board of County Commissioners Meeting PUDZ-PL20140001326 Page 14 of 14 May 7,2015 CCPC Rev:4 11 16,4-20-15 ORDINANCE NO. 15- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED 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 FROM THE AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A 10.47± ACRE PARCEL TO BE KNOWN AS THE GERMAIN HONDA CPUD TO ALLOW CONSTRUCTION OF AN AUTOMOTIVE SALES FACILITY WITH ASSOCIATED REPAIR SERVICES,UP TO 60,000 SQUARE FEET OF GROSS FLOOR AREA, ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF PINE RIDGE ROAD AND LIVINGSTON ROAD IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTION NO. 94-584, A CONDITIONAL USE FOR A RETAIL NURSERY; AND PROVIDING AN EFFECTIVE DATE. [PETITION PUDZ-PL201400013261 WHEREAS, Dominick J. Amico, Jr., P.E. of Agnoli, Barber & Brundage, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, LPA representing JAZ Real Estate Holdings, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: ZONING CHANGE. The zoning classification of the herein described real property located in Section 12, Township 49 South,Range 25 East, Collier County, Florida is changed from the Agricultural(A) zoning district to a Commercial Planned Unit Development(CPUD) zoning district for a 10.47± acre parcel to be known as the Germain Honda CPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, [14-CPS-01378/1173138/1]50 1 of2 Germain Auto CPUD/PUDZ-PL20140001326 Rev.4/21/15 1 as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly, SECTION TWO: REPEAL OF RESOLUTION. Resolution No. 94-584 is hereby repealed in its entirety, with an effective date of the issuance of the first building permit for the motor vehicle dealer use. SECTION THREE: EFFECTIVE DATE. fi This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2015- becomes effective. PASSED AND DULY ADOPTED super-majority o by v vote of the Board of County Commissioners of Collier County,Florida,this day of ,2015. 1 ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA By: By: Deputy Clerk TIM NANCE, Chairman gx$i� Approved as to form and legality: r _ {i ..1 Heidi Ashton-Cicko .� Managing Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit B—Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E—List of Requested Deviations Exhibit F—List of Developer Commitments 1 3 [14-CPS-01378/1173138/1150 2 of Germain Auto CPUD/PUDZ-K.20140001326 Rev.4/21/15 EXHIBIT"A" Permitted Uses: The Honda CPU.D shall be developed as a commercial use project,which will include an automotive sales facility with associated repair services, limited to 60,000 SF Gross Floor Area (GFA), ti TRACT A(Limited to the Southerly 10 acres) A. Principal Uses: 1. Motor vehicle dealers (new and used); SIC Code Group 5511 2, Any other principal use which is comparable in nature with the foregoing list of 1 permitted principal uses, as determined by Hearing Examiner or the Board of Zoning Appeals(I3ZA)by the process outlined in the LDC. B. Accessory Uses 1. Motor Vehicle Dealers,Used Only(Group 5521) 2. Automotive Exhaust System Repair Shops(Group 7533) 3. Tire Repair Shops, not including Tire retreading(Group 7534) I 4. Automotive Glass Replacement Shops(Group 7536) 5, Automotive Transmission Repair Shops(Group 7537) 6. General Automotive Repair Shops(Group 7538) 7. Automotive Repair Shops,Not Elsewhere Classified(Group 7539) 8. Car wash, subject to the provisions of LDC Section 5.05.11, 9. Uses and Structures that are accessory and incidental to an automotive sales facility. 10. Display of new and used automobiles for sale, provided it does not adversely 1. affect pedestrian or vehicular traffic or public health.Vehicle display is prohibited within any required landscape buffer, and allowed within front, side and rear yard setbacks. TRACT B: A. Principal Uses Stormwater treatment areas,buffers,drives,signs,and other horizontal improvements accessory to the uses in tract A. Page 1 of 8 4-21-2015 revision Germain Honda PUD PL20140001326 EXHIBIT B DEVELOPMENT STANDARDS: Table I below sets forth the development standards for land uses within the proposed Commercial use PUD (CPUD). Standards not specifically set forth within this application shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat,consistent with C-4 zoning. TABLE I DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq.Ft. N/A. MINIMUM LOT WIDTH 100 Ft. N/A MINIMUM YARDS(External) From Pine Ridge Road ROW 25 Ft. SPS From Livingston Road ROW 25 Ft. SPS From West and North Property Boundary 25 Ft. SPS MIN.DISTANCE BETWEEN 'A Sum of Zoned Building 10 Ft. STRUCTURES Heights MAXIMUM HEIGHT Zoned Actual Auto Dealership Showroom 35 Ft. 45 Ft. 25 Ft. Three story Limit MINIMUM FLOOR AREA 1,000'Sq. Ft. MAX. GROSS FLOOR AREA 60,000 Sq. Ft I 1 yF. Page 2 of 8 4-21-2015 revision Germain Honda PUD P120140001326 3 e CORNER CLIP DONATION FOR CONTINUOUS R/GHT Exhibit C TURN.CONSTRUCTION BY COLLIER COUNTY- PUD E 1 CPUD . ._ -.. \ _ ,,.... i LP/INGSTON ROAD-(C.R.881) RI6Hr OF WAY VARIES \ !.••••-o". DWI fil) TDAET(A) -as IS'TY i./ PE CD)dFFER-• . PROPOSED ACCESS-POINT . Ifri. •iil 0 ! .... i __,-,--_-•:----- ------ - ------ -•----- --- r.-- ,, ,in g BUILDING ataitarls , :, ,.-.– , CF 1 i EBNIM-VEL--Th6OPE.—- ENVELOPE ENVELOPE i' •'g I , I.. . ; ;—c, 1 •..„- , :t. IS'TOE(I)) r R PUD I :t BPPI TRACT(A) A—FPL ACCESS-FOR FPL USE i-V= ONLY.OR TO RE CLOSED f,e_§F:-77 i 2 Z , b,- . co. 111 ACCESS POINT , . , IS TYPE(D)BUFFER i! WAS a TYPE(A)rAIFEIJ a &TO OF.4130f0,USEttlatTPa i A 1. . TO 501014 20 MKS CF - i i , "DEMOTES ADJACENT ZONING ■ ........... ..... .... ....... - J.-W--4;.--gr-e-. 1---,,,-;,..i4i,;--,,,::-., - Sr.Am__1...7.5.,-...f" ....... -ar, "Mal GERMAIN HONDA P.U.D. 40 4.. RUA.MASTER PLAN wf ii• Er77` ar:Zu•... ::47'..?"7-7- . r .....ar -;_•,7•27.,-,.:."......-•?••••••-::•••••.".'....." r... /NW _.,,,,,,,,,„..„ . -, ..............*:-.. EXHIBIT "D" LEGAL DESCRIPTION (OFFICIAL RECORDS BOOK 3640,PAGES 2607-2610) BEING A PARCEL OF LAND LYING IN SECTION 12,TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 510 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER,LESS THE EAST 30 FEET AND SOUTH 75 FEET FOR ROAD RIGHT-OF-WAY; LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL AS SHOWN IN OFFICIAL RECORDS BOOK 3640.PAGES 2609 AND 2610 COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12,TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,SAID POINT OF COMMENCEMENT BEING THE CENTERLINE INTERSECTION OF LIVINGSTON ROAD(C,R.881)AND PINE RIDGE ROAD(C.R. 896); THENCE NORTH 00°17'03"WEST ALONG THE EAST LINE OF SAID SECTION 12,A DISTANCE OF 75.00 FEET; THENCE NORTH 8911'15" WEST,A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°17'03"WEST ALONG A LINE LYING 30 FEET WEST AS MEASURED PERPENDICULAR TO SAID EAST LINE OF SECTION 12.A DISTANCE OF 1245.71 FEET; THENCE NORTH 89°32'18"WEST,A DISTANCE OF 187.45 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE,CONCAVE TO THE EAST, HAVING A RADIUS OF 5806.33 FEET,A CENTRAL ANGLE OF 02°02'37",AND A CHORD OF 207.07 FEET BEARING SOUTH 09°22'52"EAST; } THENCE SOUTH ALONG SAID CURVE,A DISTANCE OF 207.09 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE,CONCAVE TO THE WEST,HAVING A RADIUS OF 5686,33 FEET,A CENTRAL ANGLE OF 06°07'58", AND A CHORD OF 608.36 FEET BEARING SOUTH 07°20'11" EAST; THENCE SOUTH ALONG SAID CURVE,A DISTANCE OF 608.66 FEET;THENCE SOUTH 00°17'03" EAST,A DISTANCE OF 413.86 FEET;THENCE SOUTH 45°06'14"WEST,A DISTANCE OF 21.06 FEET; THENCE NORTH 89°31'15"WEST, A DISTANCE OF 385.04 FEET;THENCE SOUTH 00°1T13"EAST,A DISTANCE OF 10.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF AFORESAID PINE RIDGE ROAD; THENCE SOUTH 891I'15''EAST ALONG SAID NORTH RIGHT-OF-WAY LINE,A DISTANCE OF 480.05 FEET TO THE POINT OF BEGINNING;SAID DESCRIBED TRACT. CONTAINING 3,253 ACRES(141,691)SQUARE FEET),MORE OR LESS. CONTAINING 10.47 ACRES(±)IN THE RESULTANT PARCEL CONTAINING A TOTAL NET AREA OF 10.47 ACRES. Page 4 of 8 4-21-2015 revision Germain Honda PUD PL20140001326 EXHIBIT "E" L LIST OF REQUESTED DEVIATIONS FROM LDC No Deviations are requested. 1 a Page 5 of 8 4-21-2015 revision Germain Honda PUD PL20140001326 i : 1 i t t EXHIBIT"F" 1 LIST OF DEVELOPER COMMITMENTS t 1 t GENERAL t I I 1. All traffic control devices, signs, pavement marking, and design criteria shall be in accordance with the Florida Department of Transportation (FDOT) Manual of 3 Uniform Minimum Standards(MUMS), current edition,FDOT Design Standards, t current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), i current edition. 2, Arterial-level street lighting shall be provided at all access points. Access lighting z shall be in place prior to the issuance of the final Certificate of Occupancy(CO). i t 3. Access points shown on the PUD Master Plan are considered to be conceptual. t Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property boundary, The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. l i I 4. Site related improvements(as opposed to system related improvements) necessary t for safe ingress and egress to this project, as determined by Collier County, shall € not be eligible for impact fee credits, All required improvements shall be in place t and available to the public prior to commencement of on-site construction, 5. Outside storage or display of automotive parts and supplies is not permitted. I 6. At the time of SDP, a letter of no objection from FPL shall be obtained by owner or developer and provided to County for any storage, structures or improvements to be placed in the FPL easement. } I ENVIRONMENTAL F 1. Soil Contamination 1 €- a. Developer will work with FDEP to create an action plan for any required clean-up. i b. Any required clean-up will be accomplished prior to construction I commencement. c. Documentation of clean-up completion (if necessary)from FDEP to be provided at pre-construction meeting. UTLITIES: 1. Prior to Site Development Plan (SDP) approval, Owner shall convey to Collier County and the Collier County Water Sewer District(CCWSD), a County Utility Page 6 of 8 4-21-2015 revision Germain Honda PUD PL20140001326 Easement (CUE) including access to facilities, running north/south on the Honda CPUD, for a wastewater force main and other utility facilities, free and clear of liens and encumbrances. One of two alternative locations shall be selected by County at the time of SDP application: (1) a 20' CUE within the existing FPL easement at a location and under conditions acceptable to both FPL and CCWSD. This conveyance shall be by donation, or (2) a 15' CUE that runs parallel to the Honda CPUD's eastern property line. The CUE shall provide that the County- required 15 foot landscape buffer may be located within the CUE except that trees shall only be allowed on the western 5 feet of the CUE. Selection of tree types within the permissible 5' shall be pre-approved by the CCWSD. The CUE shall further provide that any subsequent installation or repair of County facilities that results in damage or removal of the Owner's landscape materials will be repaired or replaced at the expense of the CCWSD. Due to joint use of the area, compensation to Owner shall be 50% of appraised value at time of the conveyance. 1 2. Prior to the issuance of the first certificate of occupancy, Owner or Developer shall obtain a right-of-way permit and then remove the private force main within the County's road right-of-way running parallel to the Honda CPUD's eastern property line, The private force main shall be relocated to a location outside of the County's road right-of-way or CUE. TRANSPORTATION: 1. Prior to SDP approval, Owner shall convey to County, at no cost to Collier 1 County, additional road right-of-way for Livingston Road and Pine Ridge Road to allow a 100' turning radius for a continuous right turn lane from southbound Livingston to westbound Pine Ridge. Conveyance shall be by road easement, free and clear of all liens and encumbrances. This condition is further defined graphically on Exhibit C. 2. If FPL retains the driveway labeled "FPL access" on the master plan, this access shall be gated or otherwise controlled so as to not permit public use. OPERATIONAL RESTRICTIONS: I. No outdoor paging or amplified systems are permitted. 2. The automated car wash, if any, shall have bay doors which will remain closed during the entire car wash cycle including drying of vehicles.The doors will open only for entry and exit of vehicles. 3. The service area will be enclosed. 4. The service door facing east will employ an automatic opening and closing `speed door' to minimize noise transfer to only those times when a vehicle is exiting the service area. All other times the service door will be closed. 5. No gasoline storage or fueling tanks shall be located on the property. Page 7 of 8 4-21-2015 revision Germain Honda PUD PL20140001326 OUTDOOR LIGHTING 1. All lighting will be shielded from residential areas to avoid glare. Lighting will be a directional type, aimed downward with shielding to reduce glare to adjacent properties. Illumination at all adjacent residential property lines shall not exceed .5 foot candles. 2. All lighting will be flat panel fixtures. LP 3. Lighting on the perimeter of the project will utilize full cut off shields. 4. Any lighting within 50 feet of a residential property line will be limited to 15 feet in height. 5. All lighting will be no more than 25 feet in height. 6. Display lighting will not exceed a 1,000 Watt Metal halide intensity or its equivalent(intensity of LED,or other bulb type). y3y LVKt Page 8 of 8 4-21-2018 revision Germain Honda PUD PL20140001326 3 Germain Honda NIM December 3, 2014 Attendee's Michelle Mosca,Collier County Comprehensive Planning Mike Sawyer,Collier County Zoning Bruce Anderson,Attorney,Tetzel &Andress, LPA Dominick Amico,Jr.,P.E.,Project Engineer,Agnoli,Barber Brundage,Inc. Jane E.Eichhom,Permit Coordinator,Agnoli,Barber&Brundage,Inc. John Garbo,Germain Members of the Public(see attached sign in sheet) Bruce started the meeting at 5.35 pm introducing the project and the project team. 10 acre property—explained size of property,current zoning and the proposed zoning request. Explained to the members of the public there are two applications submitted to the County and explained what exactly each application is for. 1. Growth Management Plan Amendment(GMP-A) 2. Planned Unit Development(PUD) Discussed how this was a difficult piece of property to work with due to the FPL lines that run on the majority of the property. Introduced Dominick Amico and Jane Eichhorn from Agnoli,Barber&Brundage,Inc.from the Engineering Firm working on the project. We are here to answer any questions you may have and get your feedback pro or con. Open up for questions: Bill Carufe—Sports Club of Naples Q: Wanted to know if we were allowed to have pavement under the FPL lines? A: Dominick Amico: We have letter from FPL with a no objection for this project. Q: Are there any environmental impacts because there are wetlands bacic here? = A: Dominick Amico:That site is clear. It was cleared 40/50 years ago. Q: Has there been any Traffic Studies done?Thought a dealership would bring in more traffic. 3 A: Dominick Amico:The TIS that we have to submit with the zoning application shows that this use generates a lower traffic impact than the current use allowed by the GMP.We were sensitive to traffic,here especially. Q: Wanted to know the access points in and out of property. Would it be all right turns? a; Dominick Amico,the Pine Ridge Road access is a right in right out and that is currently there. Explained we are moving the existing access point on Livingston Road back a bit so that it does not interfere with the turn lane to Pine Ridge Road. f' Q: If you are coming south from Livingston you would have to take a right in?If you are coming from the south you would have to take a left on Pine Ridge and a right into the site. A: Yes, Greene and Daniel Verghese—Owns property in Livingston Woods Comments: I am against both of these applications.This is going to affect me because it is directly opposite of us. Especially having a big,large,huge Honda dealership with 60,000 sq ft space and humongous cars stretched from one end to the other 10 Acres. That is going to effect the environment, carbon monoxide gases, traffic, the children in the Community School. Also, our children in Livingston Woods.Our whole community is going to be disrupted just for some finical gain for some big huge dealership to come in and I am 110%against it. Jane Eichhom,Agnoli,Barber&Brundage,Inc.; t Explained we met with the Community School and the Ballet Studio and they are both in favor of the project. Greene Verghese--Owns property in Livingston Woods We are a resident property in Livingston Woods and we are a highend development. We spend millions of dollars on property here and they are going to kill us and slaughter us if this big huge dealership comes in. We will be sinking into the ground.No one is going to buy a property with a Honda dealership right i? facing them.There is no way.Would you buy a million or million in a half property,two million with a huge Honda Dealership facing you?Maybe you would but not me. Daniel Verghese We have a 6 million dollar home in this neighborhood just across the street,we have restrictions,some peoples have 2 1/2 acres,some have 5.If someone had 5 acres and wanted to put 4 homes there would you do that? Creena Our life saving will go down the tubes.This Honda is going to slaughter us. This is something because of the name of the dealership.He has money.We knew the guy who owned this place before that,He spent thousands and thousands of dollars and the county absolutely declined it. He was a private individual.They put him out of business. 1'. { Z~ldanira Ramos Supporting the project explaining how the newly developed commercial is helping the people living in the area and how it is going to have a lot of jobs for people in the community, Jesus Ramos I love the idea.1 think it is going to be good for the community. it's going to look better that what is there now.Everyone else has the right to open their business,a shopping center,why can't we do that here?Why take it out on that property every time?For years and years they take it out on that property.Why everyone else is allowed to do it with their business but that property isn't,It's been like that for years closing it down,the board didn't close the shopping centers,why didn't they close down the other shopping centers? That property was trying to become commercial before all these properties and they have only been shutting it down.That's not right. I think it going to be a great idea. The Verghese's then asked the Ramos's if they own or rent a place?The Ramos's stated they owned a home.Creena Verghese asked in Livingston Woods?The high end property right there(pointed across the street), Mr.Ramos indicated you allowed a shopping center to go in your backyard. Bill Carufe Q; Wanted to know what the purpose of the meeting is for?What is done with the information from the meeting?Some people are for it,some people are against it. A: Bruce Anderson-Explained the County requirements for the Neighborhood Information Meeting. Q: Ultimately someone at the County is going to vote on the application yes or no weather this property is allowed to be a dealership and they will take some of this feedback in account. A: Yes and that is why staff is here,that is why we record it,that is why I do minutes.They are here to make sure that what I am giving them is accurate. Q: What is the timeline for the next meeting? A: We don't have a hearing date as of yet.We are hoping sometime before June. Q: What meeting will that be? A: We don't have a meeting.We will have a Planning Commission Meeting then to the Board of County Commissioners. Michelle Mosea asked to explain the sign that will be posted on the property. Jane Eichhorn—Explained there will be a 4x8 sign posted on the property with the Planning Commission date and Board of County Commission date of hearing.You can always call ABB for any information of any meeting, Mike Sawyer explained there is also a letter that goes out just like the one that was sent out for the NIM. There is also a newspaper ad that will be in the newspaper. Bill Carufe-if we come up with any other questions or concerns,who do we contact. Jane-the letter you received have Dominick Amico's contact information on it. Creeaa Verghese-the minutes will go to who did you say. Jane Eichhom-the minutes will go to Mike Sawyer. Mike Sawyer-they will also get included in the staff report so that the board has those available to them. Daniel Verghese-What's going to happen,here is my feeling.When you get a big commercial outfit here people will start moving out of here. Do you know who is going to come back here? Unwanted people.That property value is going to go down to zip.1 can tell you that.Sometimes people don't complain they just walk away.Then you are going to walk away at a loss. I have millions of dollars invested in that and I don't want to see a Honda in my front yard.That's cash laying on the ground. One of the reasons we came here is the neighborhood, school, church and it's a non-gated community.We are happy to live the lifestyle we are able to live.With certain restrictions of course. Meeting adjourned at 6:05pm. 1. fi i 33 i } NEIGHBORHOOD INFORMATION MEETING Germain Honda 1213/14 5:30 PM PLEASE PRINT CLEARLY ' •P, .,3e, le- /r.. .vc<se �•" The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law,e-mail addresses,phone numbers and certain home addresses are public records once received by a government agency. if you do not want your e-mail address,phone number or home address released if the county receives a public records request,you can refrain from Including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. Name Address City,ST Zip E-Mail Address i jJAI e, e cle& ,4- d gam $n Pii -Av ' 6-rt4'/fG:SG .1..),- Wit(1 am-L7- Co,r-t.J-e 3975 Pi.-Lt/(•. C #(/'q (44 . Oarn ;COcoAt rf,i.,t,, k K K ■- LQe_'t `/ .9!_r_ �4CU 87d-,n(,,-0,_. 02r.)-�-a e s 1` 76'40 X -t Ant f Vc f'l,e-. Q loci-L cLCfy-i i�.� -4_,,-m .ss0 s ext.', © 65 oo ua s10C Z,n. Ahlptt5 F , t/ 3c9r e,.) / 22,< r e 54 j ig ' C1,. 3Y/b5 j 9 Aabo } �J �n4,�-,.sc i`<%',o- He 16',C11 -15 c.15 i - It' . A- 3`-t--a 1 latmaf1 mt atLte I \(Sc-s- � / C'..,,.�. ,e±-..,...-..) u.c.—ii..�..�04os.c�i(- /.��itt<r fir. Itk r kas- \ lJ 4.t-- 5.- �PIM1..-L�-c ' Yom•"MO,1,1„p c,,Nn41^1 1 Y t 0 hiM sign in sheet 12-3-14.docx AGENDA ITEM 9-D Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MAY 7,2015 SUBJECT: PUDZ-PL20130002588: ARGO MANATEE PUD PROPERTY OWNER,APPLICANT & AGENT: Owner: Agents: Roberto Su, Sixto Su&Angel Ham Anita Jenkins,AICP 12185 South Dixie Highway J.R. Evans Engineering,P.A. Miami,FL 33156 23150 Fashion Drive, Suite 242 Estero,FL 33928 Applicant: Argo Manatee, LLC Richard Yovanovich,Esq. 21141 Bella Terra Boulevard Coleman, Yovanovich&Koester Estero,FL 33928 4001 Tamiami Trail North Naples, FL 34103 REQUESTED ACTION: The applicant requests a Residential Planned Unit Development(RPUD)on land that is currently zoned Residential Single Family(RSF-3)and Rural Agricultural(A). GEOGRAPHIC LOCATION: The subject property is 75.3±acres in size and is located south of Tamiami Trail East(US 41) on the east and west sides of the intersection with Manatee Road. The site is currently undeveloped. (Please see the Location Map on the next page.) PURPOSE AND DESCRIPTION OF PROJECT: The proposed RPUD would support a maximum of 225 residential dwelling units and a 19 acre preserve. The Applicant requests the following housing types: single family detached, two- family and duplex dwellings,townhouses, and multifamily dwellings. Argo Manatee PUD, PUDZ-PL20130002588 Page 1 of 13 May 7,2015 CCPC 1 a a il' a m z m 1 ...x --.14.-- -1_1111 S'14,;''''';':„ __ A- :-''I':,.1 N me Al'. x a a r ug I;glgg oOG°?00 11111'1\ ... � - 81TE r �•� !�- �e�1� � fit.. Iff PROJECT LOCATION _'; - - .A AAA - A • Y — s „ IIr YIY Fns:Y- 1 1 oat - _ - --- till r I w. .z.1 w n I ,• a +3 s�'�i n - wtm m p1ssn am awn Z° 1a © ' a a n u n a 141 i ___ . am al �,_ ✓ m ' a ye2C-74".!. ...,17.-...----;4,.. ur Igo LOCATION MAP ZONING MAP PETITION #PUDZ-PL-2013-2588 SURROUNDING LAND USE AND ZONING: North: Saint Finbarr Church preserve tract, zoned A with a Conditional Use and undeveloped State land,zoned A Northeast: US 41 ROW, across which is undeveloped State land,zoned A East: Undeveloped land zoned A,with an approved Conditional Use for a church South: Manatee Road ROW, across which are Manatee Elementary & Middle schools, zoned A; and mobile homes, zoned MH West: Mobile homes,zoned MH f M,i t f(t I to 4• ',q��lC 1, Y� , _ ."• V, 1 :ri I -a '4 1 +: -- t 4° Subject Site % - ,„ . a' ', ttt I :11 ■IA r- •T 2 is.0 i t. ' tMr,t•A'h • 'a ii WsYry^R !`'.ry•• ;fri,, n , '4.a I7;7q _ is..A TuR6uQ15[hv[1,.r3�,,1 C:a 1. - . i r .4r . 1� M1SoCR pq_ mA4ATrr qp• "'''1-.SI , PN.C-LAC'I ■%-_,t:+4 fr- . I n L He. .r f1 }r f ,7i * ?t`n ,-ft ro c 4' N .s1 . • 1 Aerial Photo(CCPA) GROWTH MANAGEMENT PLAN (GMP)CONSISTENCY: COMPREHENSIVE PLANNING COMMENTS: The subject property is currently designated Urban, Urban—Mixed Use District, Urban Coastal Fringe Subdistrict and within the Coastal High Hazard Area (CHHA), as depicted on the Future Land Use Map (FLUM) and addressed in the Future Land Use Element(FLUE) of the Collier County GMP. Relative to this petition, the Urban Coastal Fringe Subdistrict allows residential uses at a density of 3.0 dwelling units per acre (DU/A) — as well as associated recreational uses and essential services (base density of 4.0 DU/A less 1.0 DU/A for lying within the CHHA). This PUD Argo Manatee PUD,PUDZ-PL20130002588 Page 3 of 13 May 7,2015 CCPC 1 provides for residential uses at a density of 2.99 DU/A (225 DUs/75.3 acres), recreational uses and essential services. i. FLUE Policy 5.4 requires new developments to be compatible with the surrounding land area. Comprehensive Planning leaves this determination to the Zoning Services staff as part of their review of the petition in its entirety. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects, where applicable. Each policy is followed by staff analysis in [bold text]. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code (LDC). [This site fronts US 41 East but direct access is not provided. Exhibit C, PUD Master Concept Plan, depicts a single, cross-street access at Manatee Road. Manatee Road offers (eastbound) connection to US 41 East and (westbound) connection to Collier Boulevard (SR 951); in the Transportation Element, Manatee Rd. is classified as a collector road and both US 41 and SR 951 are classified as arterial roads. Manatee Rd. is fenced and gated in two places — at both ends of the adjacent Manatee School site. Discussion with School District representatives revealed that access to the proposed development would not be limited by this gating. Further west, Manatee Rd. functions as a local street, where individual residences have front yards and driveways on the north side of the street.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [Exhibit C depicts a private roadway loop that runs inside the project. All vehicular traffic accesses US 41 East and Collier Boulevard (SR 951) from a single cross-street access to Manatee Road.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [Exhibit C depicts a single cross-street access intersecting Manatee Road, connecting one portion of this PUD with the other, southerly portion. Street interconnections with abutting properties are not proposed. Local street connections with adjoining neighborhoods or other developments do not appear to be feasible on three Argo Manatee PUD, PUDZ-PL20130002588 Page 4 of 13 May 7,2015 CCPC sides of the subject site. Designated preserve area lies northerly on that abutting property. Residential development located to the west and along a portion of the southerly boundary appears to make street connections infeasible there.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [As to walkable communities,the PUD proposes only a marginally walkable design,with sidewalks located on only one side of all streets. Exhibit E, List of Requested Deviations from the LDC, requests a formal LDC Deviation from the County's requirement for sidewalks on both sides of streets and offers justification and rationale for them. If allowed as proposed, the resulting street design would have pedestrians walking in every street, with only a portion of them crossing to use the sidewalk. This Deviation cannot be fully supported with a recommendation for approval. The Deviation that requests sidewalks on only one side of all streets also provides a cross- section showing how every single-side sidewalk would be 6 feet in width. If allowed, this single-side sidewalk will be constructed on the outer perimeter of the loop street internal to the project. This site's proximity to a school, inherent with special considerations for students, bolsters the request for a sidewalk to be wider where sidewalks will not be constructed on both sides of a street. Safety concerns remain however, especially where pedestrian traffic grows more dense as it is funneled to the major path(s) route(s) and connection(s). Staff suggests sidewalks be constructed on both sides of the short (cross-street) entry drive providing the connection between Manatee Road and the internal loop street — optimizing pedestrian/student safety — to allow conveyance without need to cross this street segment where the greatest two-way traffic is found. Staff suggests to revise this Deviation in order to not include the short entry drive providing the connection between Manatee Road and the internal loop street. Non-vehicular interconnections are proposed with the abutting property to the south. Pedestrian/bike connection to Manatee Road allows an additional measure of access to the Manatee schools. As to a blend of densities and a range of housing prices and types, the PUD provides single- family, two-family [with 900 sq. ft. minimum floor areas] and multi-family townhouses [with 750 sq.ft.minimum floor areas]. Common open spaces and civic facilities are provided by a Preserve area along Henderson Creek,west of the FPL easement including boardwalks, trails and shelters, and by a 1,000 sq. ft. "clubhouse". REVIEW OF PUD DOCUMENT Staff recommends that the Master Concept Plan (Exhibit C), Developer Commitments, and possibly other related PUD materials, be revised to add non-vehicular accesses and sidewalks as follows: • Exhibit E, List of Requested Deviations from the LDC: Delete the deviation from requirements for sidewalks on both sides of streets, or, revise the deviation to apply only Argo Manatee PUD, PUDZ-PL20130002588 Page 5 of 13 May 7,2015 CCPC to certain streets or street designs, e.g. single loaded streets(street with dwelling units on only one side of street). Make corresponding deletions or revisions to the [un-lettered] Justification/Rationale for the List of Requested Deviations exhibit, to (pg. 2 of 3 of) Exhibit C,Master Concept Plan,and to other related PUD documents. • Exhibit F, List of Owner Commitments, 2) Planning: Add requirements to provide 3 sidewalks on both sides of the local street connecting the internal local street to Manatee Road. Based upon the above analysis, the proposed PUD may not be deemed consistent with the 1 FLUE. However,this petition may be deemed consistent if the above requested changes are made. ANALYSIS: The applicant wishes to rezone the subject site from a residential zoning district with a maximum density of 3 units per acre to a residential PUD with a maximum density of 3 units per acre. (The A zoning is a narrow strip along Manatee Road.) The proposed changes include housing type, dimensional standards, and the creation of a preserve. Conservation and Coastal Management Element (CCME): Environmental Review Staff found this project to be consistent with the CCME. The project site consists of 53.1 acres of native vegetation; a minimum of 13.3 (25%) acres of the existing native vegetation shall be placed under preservation and dedicated to Collier County. Environmental Review. Environmental Services staff has reviewed the petition and the PUD document to address environmental concerns. The PUD Master Plan provides a 19 acre Preserve, which exceeds the minimum requirement of 13.3 acres. A 2.5 acre archaeological site is incorporated within the Preserve Area. A 2014 cultural assessment survey resulted in the documentation of this previously recorded black earth midden. No structures or other cultural resources occur on the project site. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. This project does not require EAC review. Deviation Discussion: Please see the complete Deviation Justifications provided by the applicant(attached). Deviation 1 — A deviation from LDC Section 6.06.02.a.2 Sidewalks and Bike Lane Pathway Requirements,to allow a 6-foot sidewalk on one side of a right-of-way, instead of both sides, as required. The applicant states that some homebuyers prefer not to have pedestrians in front of their home and that this deviation will give buyers the option of having or not having a sidewalk,depending on the side of the street. } Argo Manatee PUD, PUDZ-PL20130002588 Page 6 of 13 May 7,2015 CCPC 3 County Staff disagrees with the justification and recommends that sidewalks be installed on both sides of the street. The GMP encourages walkable communities and Staff believes that a community across the street from an elementary school and a middle school is a logical place to build a neighborhood that is pedestrian-friendly. At a minimum, Staff believes that the entrance drive shall have sidewalks on both sides of the street,as noted previously. Deviation 2—A Deviation from LDC Section 6.06.01,n, Street System Requirements,to allow a 50-foot right-of-way, instead of the required 60 feet. The applicant states that the smaller cross-section will have less of an impact on the community and that all infrastructure can fit within 50 feet. Staff supports this deviation. Fifty-foot (and narrower) rights-of-way are routinely constructed in subdivisions. Deviation 3—A deviation from LDC Section 5.06.02.B.6, On-Premises Signs within Residential Districts, which allows for two ground signs to be located at each entry, to allow two additional signs at the intersection of Tamiami Trail East and Manatee Road. The Applicant states that the additional signs will result in improved community identification along Tamiami Trail East. Staff has no objection to this deviation, due to the unique configuration of the entrances along Manatee Road and the frontage along Tamiami Trail East. Deviation 4 —A deviation from LDC Section 5.03.02.C, Fences and Walls, to allow for a 12- foot in height wall/berm combination along the Tamiami Trail East property line, instead of the required 6-foot height. The Applicant states that this deviation is justified by the future 6-lane condition of Tamiami Trail East. The increased height may act as a sound wall. Staff has no objection to this deviation request, since the proposed location is along Tamiami Trail East only, not Manatee Road. FINDINGS OF FACT: This PUD Amendment qualifies as a Substantial Change under LDC Section 10.02.13.E.1.b "a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development." PUD Findings:LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation,the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to Argo Manatee PUD,PUDZ-PL20130002588 Page 7 of 13 May 7,2015 CCPC physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed PUD and believes that the potential change in housing type and dimensional standards, while maintaining the current density, will not have a major effect on surrounding properties and infrastructure. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Evidence of unified control was submitted with the application. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the GMP. Staff has reviewed this petition and is of the opinion that this petition, with the r: recommended changes,may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed RPUD is residential, adjacent to other residential uses as well as a school; Staff finds the proposed use to be compatible with the surrounding uses. Deviation 4 proposes a 12-foot wall to increase compatibility with the future 6-lane Tamiami Trail East. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The RPUD requires 60 percent open space; 45.2 acres.The Master Plan indicates that 47.8 acres of open space are provided. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Staff's review indicates that available improvements and facilities will be adequate. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The proposed RPUD is surrounded by other uses and therefore,will not expand. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed RPUD is consistent with PUD regulations, except for the four proposed deviations, and seeks to meet a desired purpose of providing a residential use, similar to existing zoning. Argo Manatee PUD, PUDZ-PL20130002588 Page 8 of 13 May 7,2015 CCPC ! i ;F Rezone Findings: LDC Subsection 10.02.08.F. states, "When pertaining to the rezoning of land, the report and recommendations from the Planning Commission to the Board of County Commissioners...shall show that the Planning Commission has studied and considered proposed change in relation to the following when applicable" (Staffs responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, &policies of 1 the Future Land Use Map and the elements of the Growth Management Plan. i3 Staff analysis, with recommended changes, recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern,. ii The existing zoning for this parcel is RSF-3, therefore, an RPUD with a density of less than 3 units per acre, fits the existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The existing zoning for this parcel is RSF-3,therefore, an RPUD with a density of less than 3 units per acre will not create an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing 1 conditions on the property proposed for change. This petition will not affect existing district boundaries. S. Whether changed or changing conditions make the passage of the proposed rezoning il necessary. The Applicant wishes to provide flexibility in housing type in order to provide flexibility 1 for changing conditions. 1 6. Whether the proposed change will adversely influence living conditions in the neighborhood; il The existing zoning for this parcel is RSF-3, therefore, an RPUD with a density of less than 3 units per acre will not adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes 1 or projected types of vehicular traffic, including activity during construction phases of the I development, or otherwise affect public safety. The existing zoning for this parcel is RSF-3,therefore,an RPUD with a density of less than f 3 units per acre will not increase traffic congestion in the area beyond what would exist i with the current zoning. 8. Whether the proposed change will create a drainage problem; The project site receives an off-site inflow from two box culverts under US-41.At the time i of Site Development Plan (SDP) or Plat the applicant shall provide an appropriate analysis Argo Manatee PUD,PUDZ-PL20130002588 Page 9 of 13 May 7,2015 CCPC of the flow and make the necessary provisions and reservations (drainage easements) to accommodate the flow into and through the project site. With this condition, the proposed RPUD will not create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The existing zoning for this parcel is RSF-3,therefore, an RPUD with a density of less than 3 units per acre will not seriously reduce light and air to the adjacent areas, beyond what would happen under current zoning. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results,which may be internal or external to the subject property. Property valuation is affected by many factors including zoning; however,zoning by itself may or may not affect values,since value determination is f driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; g The existing zoning for this parcel is RSF-3, therefore,an RPUD with a density of less than f 3 units per acre will not be a deterrant to development (or redevelopment) of adjacent 1 parcels. 12. Whether the proposed change will constitute a grant of special privilege to an individual i owner as contrasting with the public welfare; The proposed RPUD, with recommended changes, complies with the GMP which is a 3 public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. i 3 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing land-uses; 1 however, the petitioner believes that the addition of a range of housing types will provide flexibility. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The existing zoning for this parcel is RSF-3, therefore, an RPUD with a density of Iess than , 3 units per acre will not be out of scale with the neighborhood or the County. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The existing zoning for this parcel is RSF-3, therefore, an RPUD with a density of less than 3 units per acre basically permits the use. The Applicant seeks flexibility in housing types. Argo Manatee PUD,PUDZ-PL20130002588 Page 10 of 13 May 7,2015 CCPC 7 is 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 11 This project will undergo evaluation relative to all federal, state, and local development regulations during the SDP or Plat approval process and again as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended This petition has been reviewed by County Staff that is responsible for jurisdictional elements of the GMP as part of the PUD process and Staff has concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. HISTORIC/ARCHAEOLOGICAL REVIEW: The project site contains one previously-recorded prehistoric archaeological site(8CR719)which is located within the Preserve Tract as depicted on the PUD Master Plan. The Cultural Assessment for the Argo Manatee PUD was heard and accepted by the Collier County Historic &Archaeological Preservation Board on May 21,2014. (See Attachment 4) ENVIRONMENTAL ADVISORY COUNCIL(EAC)REVIEW: The CCPC sitting as the EAC is not required to hear this petition. NEIGHBORHOOD INFORMATION MEETING(NIM): A NIM was held on November 20, 2014 at 5:30 PM at the South County Regional Library. Thirty one residents signed-in for the project. A NIM summary and sign-in sheet are attached (Attachment 6). COUNTY ATTORNEY OFFICE REVIEW: This Staff Report was reviewed on April22,2015. { Argo Manatee PUD,PUDZ-PL20130002588 Page 11 of 13 May 7,2015 CCPC g RECOMMENDATION: Staff recommends that the CCPC forward Petition PUDZ-PL20130002588 to the BCC with a recommendation of approval subject to the following condition: 1. Delete Deviation 1 and revise Exhibit F, List of Owner Commitments: Planning, to add requirements to provide sidewalks on both sides of the local street connecting the internal local street to Manatee Rd. If a sidewalk is only constructed on one side internal to the development,the sidewalk needs to be 8 feet in width. i 1 i 1 } gt Argo Manatee PUD, PUDZ-PL20130002588 Page 12 of 13 May 7,2015 CCPC 3 PREPARED BY: Je. — �- o9-0 -l5 FRED-- ISCHL,AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: Ae— ■ - 4', 4 • 2_0 • /5--- RAYM'f D V. BELLOWS,ZONING MANAGER DATE ZONING DIVISION //..-'Z'/',,�{!6-7 Ll " ()- 1 r MIKE BOSI,AICP, DIRECTOR DATE ZONING DIVISION APPROVED BY: FRENCH, DEPUTY DEPARTMENT HEAD DAI ' GROWTH • AGEMENT DEPARTMENT , __... Y-23 - IS- / — i -.01". - . '....__NA /CASALAN ''UID• , i EPUTY C o'i TY ANAGER DATE GROWTH MANAGEMENT DEPARTMENT Tentatively scheduled for the June 9,2015 BCC Meeting Attachments: 1. Proposed RPUD Document 2. Application 3. Environmental Data 4. Phase I Cultural Assessment 5. Traffic Impact Statement 6.NIM Summary Argo Manatee PUD, PUDZ-PL20130002588 Page 13 of 13 May 7,2015 CCPC ORDINANCE NO.2015 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR 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 FROM A RESIDENTIAL (RSF-3)AND AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL ' PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS ARGO MANATEE RPUD TO ALLOW DEVELOPMENT OF UP TO 225 SINGLE FAMILY AND/OR MULTI- FAMILY DWELLING UNITS ON PROPERTY LOCATED SOUTH AND ADJACENT TO U.S. 41 AND MANATEE ROAD IN SECTION 11, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 75.31 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. EPUDZ-PL20130002588] WHEREAS, Anita Jenkins, AICP of J.R. Evans Engineering, P.A. and Richard D. Yovanovich, Esquire of Coleman Yovanovich & Koester, P.A. representing Roberto Su, Sixto Su, Angel Ham, and Argo Manatee, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: The zoning classification of the herein described real property located in Section 11, Township 51 South, Range 26 East, Collier County, Florida, is changed from a Residential (RSF-3)and Agricultural (A)zoning district to a Residential Planned Unit Development(RPUD) zoning district for a 75.3± acre project known as Argo Manatee RPUD to allow development of up to 225 single family and/or multi-family dwelling units and a private boat launch with boat parking facilities for 90 boats in accordance with the RPUD Documents attached hereto as Exhibits "A" through "F" and incorporated herein by reference. The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code,is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. [14-CPS-01 298/1 1 7368 1/1]67 Argo Manatee-RPUD/PUDZ-PL20130002588 1 of 2 Rev.4/22/15 PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County,Florida,this day of ,2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TIM NANCE, Chairman Approved as to form and legality: i" Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit B—Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E—Deviations Exhibit F—Developer Commitments [14-CPS-01298/1173681/1167 Argo Manatee-RPUD/PUDZ-PL20130002588 2 of 2 Rev.4/22/15 uE f l I i i 1 I Exhibit A Permitted Uses Project Land Use Tracts Tract Type Units Acreage+1- Tract"R" Residential 225 37 Tract"P" Preserve 0 19.0 Lakes, waterways, easements and ROW 19.3 Total 225 units 75.3 acres 1) General Permitted Land Uses "x T Streets, alleys, water management facilities and structures, utilities and other infrastructure improvements are generally x 9 y permitted anywhere within this RPUD except t for in the P, Preserve Tract. ) )1 2) Tract"R", Permitted Uses 3 Up to 225 residential units consisting of single family units and mulit-family units are permitted in Tract"R". I Principal Uses a) Single family detached dwellings i b) Two-family and duplex dwellings is c) Townhouse 1 d) Multi-family e) Clubhouse and uses and structures customarily associated with a clubhouse. r t li f) Any other principal use which is comparable in nature with the foregoing list of r 1. permitted principal uses, as determined by the Board of Zoning Appeals or the Hearing Examiner by the process defined in the Land Development Code. s Y Accessory Uses a) Guest houses as accessory to single family detached dwellings per the Land Development Code. b) Accessory uses and structures customarily associated with principal uses permitted in the land use tract including I 9 swimmin g pools, spas, and screen enclosures. c) Project information and sales centers including model homes and offices for the project administration, construction, sales and marketing. ' ) f i i Argo Manatee PUD PUDZ-PL 2013-0002588 April 21,2015 Page 1 of 14 r 1 a i d) Any other accessory use which is comparable in nature with the foregoing list of 1 permitted accessory uses, as determined by the Board of Zonin g Appeals or the Hearing Examiner by the process defined in the Land Development Code. i f 3) Tract"P", Preserve Permitted Uses i Principal Uses M a) Preserve area i Y Accessory Uses and Structures i a) Water management structures. b) Nature trails, viewing platforms,and educational signs. c) Any other accessory use which is comparable in nature with the foregoing list of 1 permitted accessory uses, as determined by the Board of Zoning Appeals or the Hearing Examiner by the process defined in the Land Development Code. '' 1 I 1 r 4 i I , 3 i i f 1 i i i I 4 1 Argo Manatee PUD PUDZ-PL 2013-0002588 April 21,2015 Page 2 of 14 i i Amosammuminummul Exhibit B Development Standards General Development of the Argo Manatee RPUD shall be in accordance with the contents of this Ordinance and applicable section of the Collier County Land Development Code (LDC) and t Growth Management Plan (GMP) in effect at the time of issuance of any development order, i such as, but not limited to, final subdivision plat, final site development plan, excavation permit, I, and preliminary work authorization to which such regulations relate. Where these regulations fail to provide development standards, the provision of the most similar district in the LDC shall apply. TABLE! DEVELOPMENT STANDARDS FOR"R"TRACT SINGLE DUPLEX&TWO FAMILY FAMILY TOWNHOUSE MULTI-FAMILY CLUBHOUSE DETACHED i Minimum Lot Area 4,000 SF 3,500 SF 2,000 SF 10,000 SF 10,000 SF x Minimum Lot Width 3 40 Ft 30 Ft 20 Ft 100 Ft 70 Ft Front Principal 1,5 i Yard &Accessory 20 Ft 15 Ft 15 Ft 15 Ft 15 Ft ( Setback 4, 8 Rear Principal 4 10 Ft 10 Ft 20 Ft 20 Ft 20 Ft l Yard Ac 4 Setback s,z,cesso a ry 5 Ft 5 Ft 5 Ft 5 Ft 5 Ft t Side Yard Setback 0 Ft o Ft Half the Half the building Principal&Accessory' 5 Ft or or ng 5 Ft 5 Ft height building il height Preserve Principal 25 Ft 25 Ft 25 Ft 25 Ft 25 Ft Setback Accessory 4 10 Ft 10 Ft 10 Ft 10 Ft 10 Ft Maximum Height (Zoned/Actual) 30/35 Ft 30/35 Ft 35/40 Ft 35/40 Ft 35/40 Ft Distance Between Half the sum of Half the sum Principal Structures 10 Ft 10 Ft 10 Ft the building of the building heights heights Minimum Floor Area 900 SF 900 SF 750 SF 750 SF 1,000 SF i 1 Argo Manatee PUD PUDZ-PL 2013-0002588 April 21,2015 Page 3 of 14 I Notes: 1. Front yards for dwellings and side-entry garages are measured from back of curb or edge of pavement(if not curbed). Front yards for a front loaded garage are measured from garage door to back of curb or edge of pavement,whichever is closer to the garage door. For front entry garages, a minimum of 23 feet from edge of sidewalk to the garage must be provided. Front setback for side entry garages may be reduced to 12 feet. This footnote does not apply to setbacks from public roads. 2. Where adjacent to a lake (measured from top of bank), or open space, the setback may be reduced to 0 feet. 3. Minimum lot width may be reduced by 29%for cul-de-sac lots provided minimum lot area requirements are met. 4. Guesthouses are subject to the setback requirements for principal structures. 5. Accessory pool enclosure/screen lanai setback may be reduced to 0 feet when attached to common privacy wail. 6. Accessory pool enclosure/screen lanai setback from lake maintenance easement may be reduced to 0 feet. 7. Common architectural features such archways, arbors, and courtyard entry features shall be exempt from the minimum yard requirements listed above. 8. Buffers and lake maintenance easements need to be separately platted. Nothing listed in the Exhibit B shall be deemed a deviation unless it is listed in Exhibit E. 1 Argo Manatee PUD PUDZ-PL 2013.0002588 April 21,2015 Page 4 of 14 fr i II I i o j I AX PARCEL O. AX PA?CIE NO. 00724340003 N HENDERSON ° 00724u�Dt00 O.R. BOOK 3552. PG 530 CREEK PARK ' i O.R. BOOK 23t8, ?:. 2932 (PRESERVE) PLAI BOOK $.! ZONING: aC, CL C. URCH a PG 8 i : (PPESE RVE) -P.U.D BOUNDARY 1 H1Nar"R51Thi--6. _ j f-'0' TYP • .UPPER V"r.may-• e•-'4% 1 ♦` Y y t F q-1 1:1 1 4 :4 1 4 1 4E2• A ' t D' T P 8 BUf FER .`i�'►♦♦•♦I��i4��i ��♦1►':..•a = � ♦�_► A• �► 3'�±may♦♦h, ZONING: AG ♦�= d�♦ ,�.�♦♦ice�'y,` (PRESERVE) 1 .,w ►♦i:►♦ ',,`Vi` 20' TYPED BUFFER/ 1 HENDERSON CREEK I —40' D.E.- ;W .►♦I_► c- �Wi∎41,%♦`♦�♦^-, LLB WATER WAYS O.R. BOOK 431 - ► `�,`. • I `�f- . , ♦♦ ♦ SIDEWALK P PG 437 Iw r.► ♦jr♦ ` ♦i c. ENCHANTING Al: I Iw ♦♦i__ ♦ham►♦ i•♦♦♦ i ♦..♦ii:_• .77/1 (5> yi, w� ENCHANTING SHORES 35 - -, •= ♦♦♦♦♦ ♦ •`, ,,,, lq,('4i£ `fYy SHORES CO-OP ►♦� �♦ ♦♦CO-OP O.R. BOOK I P ♦♦:♦♦4` ♦♦ • . ♦♦ �q 4 9r f O.R. BOOK 1328. / II�';►♦i•N♦ i♦♦ ♦ �`��• '�♦i�//• ,♦♦♦♦♦♦� fi. 'O PG 1686 1328, PG 1686 l o l►♦♦.4";414.1♦♦�► ,t4 `4, +`88 . :♦:�.. 1,,o/9.5 i ZONING: MH _ ,' �+ ♦-3�♦�y♦�'♦� ♦ .:" l /`,'� 1 _ _ MANATEE zo - 4►.�C♦.teli s�♦ ♦♦.. / X 60 0' EASEWNT ._.. -7 i __.., a �, �� _ `!►+ O.R. BOOK 596, q 20' TYPE D BUF ER- i 2C' [YFE B BUFFER PG 1008 & 1014 !� �I TAX PARCEL NO. 00736680008 \\ d L10.0' DRAINAGE EASEMENT H I ' '` O.R. BOOK 334, PAGE 656 � g TAX FARCE_ NO ! I 75.0' DRAINAGE EASEMENT•• MANATEE ROAD EASEMENT cc 007366680006 1 , O.R. BOOK 2040 PAGE 1738 ZONING: AC I 1-PEDESTRIAN 'NTERCONNECTION O.R. BOOK ',065. "AGE 2548 J.R. (MANATEE MIDDLE (LOCATION DETERM'NED AT PPE) o. EVANS ENGINEERING,PA SCHOOL) CROSSWALK 23150 FASHION DRIVE.SUITE 242 n PHONE,(23914 S-914B ARGO MANATEE PUD PHONE,(2397 405-9148 3 FAX NSEN 81-2532 EXHIBIT C: MASTER CONCEPT PLAN g WWWJAEVAN$ENGINEEAING.CDM J#�. FL[OA 1 29226 REVISED-112005 1 OF 3 L'S; OF REQUESTED CEVIATIU!•' 7j DEv.ATlCN ' SEEKS Rfl,Er FROM LDC S_/_ ION 6.06.02A.2. 0 UyyIATIUN SEEKS RELIEr FROM LDC SECTION 5.0'.02.C. g' GFwAL CS AND B KE LANE PATHWAY REQ.r�fMENTS," WHICH "FENS AND WAI I S. =XCLJDRJC Sp ND WALL_," WHIG-, i REGURES SIDEWALKS ON BOTH SIDES OF A RIGI IT-OF-WAY OR °ERMITS A MAXIMUM WAIT e1.t;Hl OF 6 .\i RESIDENT'AI. I EASEMENT INTERNAL TO A SITE, TO ALLOW FOR A. -r-'.DT ZON,NG DISIRCTS. TO AILOW A. 12' TALL WALL/BE RV ALONG v CS,DLWA K IC BE CONSTRUC T 0 ALONG CNE S DE OF THE THE TAMIAMI TRAIT./US 41 FRONTAGE. N HIGHT-OF-WAY IN ACCORDANCE WITH THE INTERNAL RIGHT-O;-WAY CROSS-SECTION A-A SHOWN ON THE MASTER ONCE P- PLAN, 0 E ExHIPIT C. . a 4 cp PEVIATIGN_LSEFKS RELIEF FROM LDC SECTION 606.0 I.N. "STTREL" 1 SYSTFM REQUIREMENTS,' AND APPENDIX B. TYPICAL STRE=I $ EECT'OVS." WHICI ESTABLISH A 60-FOOT WIDTH FOR LCICA_ ROADS, r LAND USE SUMMARY 1 g TO A_LDW A 50 F001 WOE ROAD IN ACCORDANCE WITH 'NE ( ,R ) RESIDENTIAL 37±AC - IN ERNA. RIGH--OE-WAY CROSS-SECTION A-A SHOWN ON THE ,_ 225 RESIDENTIAL UNITS o MASTER CONCEPT P_AN, EXHIBIT C. �� LAKE 9±AC (1� PRESERVE *19.0±AC 3 DEVIATION 1 SEEKS RELIEF FROM lOC BELT ON 5.06.02 0.6. R.O.W., & 10.3±AC 1 "ON-PR-AISES SIGNS WTHIN RESIDENTIAL DISTRICTS', WHICT- ALLOWS EASEMENTS Two GROUND SIGNS W'TH A MAXIMUM HE GFI Or 8 FEET OR WALL.5_, *MINIMUM REQUIRED PRESERVE 13.3 ACRES e RESID-NTIAL EN-RANCE OR GATE SIGNS TO BE LOCATED AT EACH TOTAL P.U.D. 75.3 AC SPACE s ENTRANCE '0 A MULTI-FAMILY CR SINGLE FAMILY DEVELOPMENT, TO T BOOTAUNDARY AREA: Y ALLOW FOR UP TO TWO ADDITIONAL GROJND SIGNS AT TI1= REQUIRED OPEN 45.2 AC 'A PROPERTY BOUNDARY CORNER AT 'HE IMERSECTON OF TAMIAMI SPACE (60%): TRAIL AND MANATEE ROAD. ii OPEN SPACE 47,8 AC `PROVIDED: 28 1.R.EVANS ENGINEERING,P.A. 23150 FASHION DRIVE,SURE 242 AZ" PHONE,FLORIDA 4D533928 r, FAX, ARGO MANATEE PUD i RFV NSE 286-2537 ERRI EXHIBIT C: MASTER CONCEPT PLAN W W WJREVANSENGINEERING.COM }?. FL CO.*29226 2 OF 3 REVI$Ep,2L'1S D O 1-5' M CUE ® !CUE. 50' R.O.W. CUE o _ 10'PIKE 11' 2' 12'TRAVEL LANE t 12'TRAVEL LANE 2' 11' ` I 10'PUE Cu 2,% 79, ®SIDEWALK 3' 3.5' 7.5' MN. r3 w ON 7.5'MIN. 3.5' o WATER MAI 6„ LIMEROCK 12" STABILIZED F 2 CURB BASE LBR 100, SUBGRADE LBR SIDEWALK MAIN•a (TYP.) 98% DENSITY 40, 98% DENSITY (2% MAX. CROSS—SLOPE) (LOCATION MAY VARY) 333 SECTION A-A:TYPICAL INTERNAL RIGHT-OF-WAY SECTION N.T.S. a NOTES: WHERE AN ABUTTING PRESERVE AREA FAILS TO ACT AS A BUFFER. THE REQUIRED LANDSCAPE BUFFER MUST PROVIDED. 1 i i I .< a J.R.EVANS ENGINEERING,PA 13150 FASHION DRIVE,SUITE 242 A PHONE,(239)FLORIDA I ARGO MANATEE PUD FAX:123912882532 WWWJ REVANSENGINEERING.COM • FL COA 1 2922 EXHIBIT C:MASTER CONCEPT PLAN is REVISED 1220,5 3 OF 3 Exhibit D Legal Descriptions for Parcel A and Parcel B Dagostino a Wood,Inc. Parcel A A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 11, TOWNSHIP 51 SOUTH, RANGE 28 EAST; THENCE SOUTH 89°27'19"EAST, ALONG THE NORTH LINE OF SAID NORTHWEST 1/4, 2131.64 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF US HIGHWAY NO. 41; THENCE SOUTH 54°20'31" EAST, ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE 1435.60 FEET; THENCE LEAVING SAID RIGHT- OF-WAY LINE SOUTH 35°40'04"WEST 551.44 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST; THENCE 396.95 FEET SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 300.00 FEET, A CENTRAL ANGLE OF 56°42'47", AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 64°01'38"WEST 284.97 FEET TO A POINT LYING ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 11; THENCE NORTH 87°38'32" WEST, ALONG SAID SOUTH LINE 43.87 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11; THENCE NORTH 88°50'23" WEST, ALONG SAID SOUTH LINE 934.45 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY 104.70 FEET, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 450.00 FEET, A CENTRAL ANGLE OF 13°19'49", AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 82°09'15" WEST 104.48 FEET; THENCE NORTH 75°29'20" WEST 100.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY 127.96 FEET ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 550.00 FEET, A CENTRAL ANGLE OF 13°19'48", AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 82°09'15" WEST 127.67 FEET; THENCE NORTH 88°40'25" WEST 59.68 FEET TO A POINT ON A LINE LYING 40.00 FEET EAST, AS MEASURED PERPENDICULAR, OF THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11; THENCE NORTH 01°42'29"EAST,ALONG SAID LINE LYING 40.00 FEET EAST OF THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11, 999.91 FEET; THENCE LEAVING SAID LINE SOUTH 73°29'27" WEST 897.50 FEET; THENCE SOUTH 02°22'19" WEST 146.93 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY 221.84 FEET ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 284.74 FEET, A CENTRAL ANGLE OF 44°38'19", AND BEING SUBTENDED BY Argo Manatee PUD PUDZ-PL 2013-0002568 April 21,2015 Page 8 of 14 I AM 1 t '3 S 1 1 1 A CHORD WHICH BEARS SOUTH 24°36'47" WEST 216.27 FEET TO THE A POINT OF COMPOUND CURVATURE; THENCE SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY 374.07 FEET ALONG THE ARC OF SAID COMPOUND CURVE x CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 300.00 FEET,A CENTRAL ANGLE f OF 71°26'28", AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 82°54'52" WEST 350.30 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY 1 52.06 FEET ALONG THE ARC OF SAID REVERSE CURVE HAVING A RADIUS OF 370.00 FEET, A CENTRAL ANGLE OF 08°03'45", AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 66°00'05"WEST 52.02 FEET; THENCE NORTH 20°29'30" EAST 59.98 FEET; 1 THENCE NORTH 09°05'00" EAST 251.55 FEET TO THE CENTERLINE OF HENDERSON CREEK; THENCE NORTH 64°41'46" WEST, ALONG THE CENTERLINE OF SAID CREEK 128.17 FEET TO THE WEST LINE OF SAID SECTION 11; THENCE NORTH 01°58'34" EAST, ALONG SAID WEST LINE OF SECTION 11, 81.45 FEET; THENCE LEAVING SAID WEST LINE SOUTH 76°59'03"E 10.40 FEET; THENCE NORTH 01°56'56" EAST 463.90 FEET; THENCE NORTH 89°25'36" WEST 10.00 FEET TO SAID WEST LINE OF SECTION 11; THENCE NORTH 01°58'34" EAST, ALONG THE WEST LINE OF SECTION 11, 70.02 FEET TO THE POINT OF BEGINNING. CONTAINING 68.215 ACRES MORE OR LESS. SUBJECT TO EASEMENTS RESTRICTIONS AND RESTRICTIONS OF RECORD. s BEARING ARE BASED UPON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ( 3 ZONE AND ARE REFERENCED TO THE NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT(NAD 83/90). E i Parcel B 3 A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY i. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 11, TOWNSHIP 51 SOUTH, RANGE 26 EAST FOR A POINT OF REFERENCE; THENCE SOUTH 89°27'19" 1 EAST, ALONG THE NORTH LINE OF THE SAID NORTHWEST 1/4, 2131.64 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF US HIGHWAY NO. 41; THENCE SOUTH 54°20'31" EAST, ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, 1535.60 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE x SOUTH 54°20'31" EAST, ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, 815.12 1 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID t SECTION 11; THENCE SOUTH 01°13'51" WEST, ALONG SAID WEST LINE, 93.67 FEET TO I fr THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 11; THENCE NORTH 87°38'32" WEST, ALONG THE SOUTH LINE OF SAID r NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 11, 835.73 FEET TO THE POINT g OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; THENCE i I Argo Manatee PUD PUDZ-PL 2 01 3-0 002 588 April 21,2015 Page 9 of 14 } 2 1 fi AMON NORTHWESTERLY 151.62 FEET ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 43°26'08", AND BEING SUBTENDED BY A CHORD g WHICH BEARS NORTH 65°43'09" WEST 148.01 FEET TO A POINT OF COMPOUND CURVATURE; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY 41.66 FEET ALONG THE ARC OF SAID COMPOUND CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 79°33'32", AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 04°06'48" WEST 38.39 FEET; THENCE NORTH 35°40'04"EAST 535.79 FEET TO THE POINT OF BEGINNING. CONTAINING 7.052 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. BEARING ARE BASED UPON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, AND ARE REFERENCED TO THE NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT(NAD 83/90). gp$ i6 g� rP I;I Argo Manatee PUD PUDZ-PL 2013-0002588 April 21,2015 Page 10 of 14 - - s 5 ) 1 i Exhibit E List of Requested Deviations from the Land Development Code(LDC) I i Deviation I seeks relief from LDC section 6.06.02.A.2. "sidewalks and bike lane pathway requirements,"which requires sidewalks on both sides of a right-of-way or easement internal to ) a site, to allow for a 6-foot sidewalk to be constructed along one side of the right-of-way in accordance with the internal right-of-way cross-section A-A shown on the Master Concept Plan, I: 1 Exhibit C. t s Deviation 2 seeks relief from LDC section 6.06.01.N. "street system requirements," and is i appendix b, "typical street sections,"which establish a 60-foot width for local roads, to allow a 50-foot wide road in accordance with the internal right-of-way cross-section A-A shown on the 1 Master Concept Plan, Exhibit C. r, l ik Deviation 3 seeks relief from LDC Section 5.06.02.13.6. "On-premises signs within residential - districts" which allows two ground signs with a maximum height of 8 feet or wall, residential entrance or ate signs to be located at each entrance 9 9 ance to a multi-family or single-family development, to allow for up to 2 additional ground signs at the property boundary corner at the „ intersection of US 41 and Manatee Road. h 1.Deviation 4 seeks relief from LDC Section 5.03.02.C, "Fences and Walls, Excluding Sound Walls", which permits a maximum wall height of 6' in residential zoning districts, to allow a 12' tall wall/berm along the Tamiami Trail/US 41 frontage. Et a 1 i t I T r i t i t i i g is T Argo Manatee PUD PUDZ-PL 2013-0002588 April 21,2015 Page 11 of 14 it 1 ( ) } Exhibit F List of Owner Commitments For the purposes of the PUD,the owner commitments set forth below are applicable to the property owners, its successors,and/or assigns. 1) Environmental a) During a listed species survey, one American alligator was observed. b) Native vegetation shall be preserved in this RPUD in accordance with the table below. Argo Manatee Native Preserve Summary Description Approximate Acreage Total Project Area 75.3 Ac On-Site Native Vegetation 53.1 Ac it Percentage for required Native 25% Preserve Required Native Vegetation 13.3 ac On-site Preserved Native Vegetation 19.0 ac ■ Off-site Preserved Native Vegetation 0 ac Total Preserve Area 19.0 ac 2) Planning a) One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD 1 commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Sixto Su, an individual with an address of12185 S. Dixie Hwy, Miami, FL 33156. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner ) and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new Argo Manatee PUD PUDZ-PL 2013-0002588 April 21,2015 Page 12 of 14 iq I owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer t responsible for the monitoring and fulfillment of PUD commitments, 3) Transportation a) Manatee Road, which provides access to the Argo Manatee PUD, is currently owned by The District School Board of Collier County. The District has granted an ingress egress for access, utilities and construction to Angel Ham, Sixto Su and Robert Su, its successors and assigns by ingress easement and utility access easement dated August 4, 2014 and recorded in the Official Records Book 5065 Page 2548. b) The TIS was based upon a development scenario of 170 single-family residents and 55 multi-family residents. The total of the estimated peak hour two-way unadjusted trips was 206 trips. The development scenario of single family and multifamily units may • change, however the project will not exceed a maximum of 206 unadjusted trips during r the PM peak hour. c) A pedestrian interconnection from the project's internal roadway to Manatee Road, and a crosswalk on Manatee Road, shall be provided as shown on Exhibit C, Master Concept Plan. The specific location of the pedestrian interconnection and crosswalk shall be determined during the platting review process. i4. 4) Public Utilities a) If more than 149 units are planned or built within either of the two Tract R sections on 3 Exhibit C, Master Concept Plan, a second independent connection will be made to the 3 potable water transmission main for that section, location to be approved by Collier County Water-Sewer District during the platting review process or site development plan review process. 5) Stormwater Management 3 a) The project site shall continue to receive an off-site inflow of stormwater from two(2) box culverts under US-41. At the first to occur of subdivision plat or Site Development Plan, 3 the Owner shall convey to Collier County, at no cost to county, a drainage easement, 3 Argo Manatee PUD PUDZ-PL 2013-0002588 April 21,2015 Page 13 of 14 } free and dear of all liens and encumbrances, for the conveyance and outfall of the off- site inflow of stormwater through the project site. The County shall have no maintenance responsibility of the drainage easement. is 1 g�g fi Argo Manatee PUD PUD2-PL 2013-0002588 April 21,2015 Page 14 of 14 Text underlined is new text to be added. Bold text indicates a defined term Land Development Code Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Department Staff DIVISION: Growth Management Department AMENDMENT CYCLE: 2014 Out of Cycle LDC Amendment—continued LDC SECTION(S): 5.05.05 Automobile Service Stations 5.05.08 Architectural and Site Design Standards 5.05.11 Carwashes Abutting Residential Zoning Districts CHANGE: To incorporate site design elements to address fuel vapors from fuel pumps at automobile service stations and to improve the compatibly of automobile service stations(gas stations) adjacent to residentially zoned districts or developed residential property, hereafter referred to as "residential property." In addition,other site design criteria have been added to the section to address future gas stations in all locations. These changes are designed to enhance the color and architectural scheme of service stations and to align the provisions with current best management practices. REASON: On March 10, 2015 the Board of County Commissioners (Board)directed staff to: 1. Examine whether policies should be proposed to address vapor management at fuel pumps and if so,provide options; and 2. Provide criteria to minimize the impact of the presence of service stations when located adjacent to residential neighborhoods. Addressing Vapor Management at Fuel Pumps Following the Board's direction, staff reached out to the Florida Department of Environmental Protection's Division of Air Resource Management (FDEP) and the U.S. Environmental Protection Agency, Office of Transportation and Air Quality, Assessment and Standards Division (EPA)to determine if there were any best practices for mitigating fuel vapors impacts on residential property. These agencies were able to provide information regarding air quality and as such, staff has proposed standards. Although the FDEP and the EPA were unable to provide specific research regarding mitigation effects of site design standards on fuel vapors from gas stations, FDEP was able to provide a summary of a study, published by the EPA that looked at actions that could reduce air pollution concentration and exposures near major roadways. While this EPA FAQ sheet (Attachment 1) addresses tailpipe emissions specifically, it was indicated by FDEP that similar mitigation standards might apply to fuel vapors from gas stations. The study relays the design of buildings and walls, and the presence of vegetation, can reduce traffic-related air pollutants immediately downwind (EPA FAQ Sheet, pg. 4). Landscaping, such as trees and large bushes, can also impact air pollution concentrations in adjoining areas and communities (Ibid, pg. 5). The authors write that the extent of the reduction can vary by dimension and type of feature and researchers are still seeking to quantify the precise impacts the site elements have in mitigating air pollutants. 1 l:\2014 LDC Amendment Cycle 2\Advisory Boards and Public Hearings\CCPC\5.05.05 on 5-7-15\LDCA 5.05.05 Automobile Service Stations 4-29-15-3 for CCPC on 050715.docx 4/29/2015 4:33:40 PM Text underlined is new text to be added. Bold text indicates a defined term As identified by the EPA Fact Sheet, buildings can mitigate and provide some relief to air pollution when situated appropriately. Therefore, it is proposed that automobile service stations located adjacent to residential property shall position the principal structure between the residential property and the fuel pumps. However, distance can also mitigate fuel vapors, therefore it proposed that when automobile service stations are separated by site design features of at least 50 feet, such as a lake, marsh, non-developable wetlands, designated preserve areas, canals, or a minimum of a 4-lane arterial or collector right-of-way, they shall not be required to position the principal structure between the residential property and fuel pumps. Further, based on the FAQ Sheet,vegetation can also assist in mitigating fuel vapors. As such, an enhanced landscape buffer, an increase in the wall height, and requiring the buffer landscaping be planted on both sides of the wall is proposed. Compatibility of Automobile Service Stations Adjacent to Residential Property To address compatibility of automobile service stations adjacent to residential, staff reviewed gas station design guidelines and requirements throughout the country. Based on the research, several standards are proposed including: no amplified music in the fuel pump area, additional lighting standards, special limitations on car washes and vacuums, and locating drive through windows and menu boards away from residential areas. These criteria are designed to address general noise and the visual impacts of an automobile service station. Additional standards have been included for all gas stations, such as prohibiting flat canopy roofs, allowing striping on canopies that is consistent with the primary colors of the principal structure (not corporate logo colors), general lighting standards, and requiring ATMs and bathrooms to be located inside the principal structure. Further, it is proposed that all accessory structures and walls will have the same color and architectural scheme so as to support a more visually appealing gas station. As noted above, one of the proposed architectural standards would allow striping on canopies. The current prohibition on "accent banding" on canopies has resulted in a large number of entirely white canopies in the county, as seen in Figure 1 and 2. It is presumable that the policy was intended to prevent the use of corporate color accent banding, as seen in Figures 3 and 4. To maintain the intended standard, the proposed provision will allow for striping in colors that are consistent with the predominant colors of the principal structures and not those of corporate signage. An example of striping is provided in Figure 5. Specific language is established in the section to prevent the use of corporate colors for accent banding. Accent lighting and back lighting will continue to be prohibited. 2 I:\2014 LDC Amendment Cycle 2\Advisory Boards and Public Hearings\CCPC\5.05.05 on 5-7-15\LDCA 5.05.05 Automobile Service Stations 4-29-15-3 for CCPC on 050715.docx 4/29/2015 4:33:40 PM Text underlined is new text to be added. Bold text indicates a defined term or Figure 1 Figure 2 1- VI% finIletk Figure 3 Figure 4 .yam 'het, 3 I,§# , 4 Ruav` . _ ' L . t 4 .-��R Figure 5 FISCAL & OPERATIONAL IMPACTS: There are no fiscal operations impacts to the County. RELATED CODES OR REGULATIONS: None. 3 l:\2014 LDC Amendment Cycle 2\Advisory Boards and Public Hearings\CCPC\5.05.05 on 5-7-15\LDCA 5.05.05 Automobile Service Stations 4-29-15-3 for CCPC on 050715.docx 4/29/2015 4:33:40 PM Text underlined is new text to be added. Bold text indicates a defined term GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: April 29, 2014. Amend the LDC as follows: 1 5.05.05 Automobile Service Stations 2 3 A. The purpose of this section is to ensure that automobile service stations do not 4 adversely impact adjacent land uses, especially residential land uses. The high levels of 5 traffic, glare, and intensity of use associated with service stations, particularly those 6 open 24 hours, may be incompatible with surrounding uses, especially residential uses. 7 Therefore, in the interest of protecting the health, safety, and general welfare of the 8 public, the following regulations shall apply to the location, layout, drainage, operation, 9 landscaping, parking, and permitted sales and service activities of automobile service 10 stations. 11 B. Site design requirements. 12 1. Table of site design requirements: Site Standards Minimum lot area (sq. ft.) 30,000 Minimum lot width (ft.) 150 Minimum lot depth (ft.) 180 Separation from adjacent automobile service stations (ft.) (based on distance 500 between nearest points) Minimum setbacks, all structures: Front yard 50 Side yard 40 Rear yard 40 13 2. Waiver of separation requirements. 14 a. The BZA may, by resolution, grant a waiver of part or all of the minimum 15 separation requirements set forth herein if it is demonstrated by the 16 applicant and determined by the BZA that the site proposed for 17 development of an automobile service station is separated from 18 another automobile service station by natural or man-made boundaries, 19 structures, or other features which offset or limit the necessity for such 20 minimum distance requirements. The BZA's decision to waive part or all 21 of the distance requirements shall be based upon the following factors: 22 i. Whether the nature and type of natural or manmade boundary, 23 structure, or other feature lying between the proposed 24 establishment and an existing automobile service station is 25 determined by the BZA to lessen the impact of the proposed 26 service station. Such boundary, structure, or other feature may 27 include, but is not limited to, lakes, marshes, nondevelopable 28 wetlands, designated preserve areas, canals, and a minimum of 29 a 4 lane arterial or collector right-of-way. 30 ii. Whether the automobile service station is only engaged in the 31 servicing of automobiles during regular, daytime business hours, 32 or, if in addition to or in lieu of servicing, the station sells food, 33 gasoline, and other convenience items during daytime, nighttime, 34 or on a 24 hour basis. 4 l:\2014 LDC Amendment Cycle 2\Advisory Boards and Public Hearings\CCPC\5.05.05 on 5-7-15\LDCA 5.05.05 Automobile Service Stations 4-29-15-3 for CCPC on 050715.docx 4/29/2015 4:33:40 PM Text underlined is new text to be added. Bold text indicates a defined term 1 iii. Whether the service station is located within a shopping center 2 primarily accessed by a driveway, or if it fronts on and is 3 accessed directly from a platted road right-of-way. 4 iv. Whether the granting of the distance waiver will have an adverse 5 impact on adjacent land uses, especially residential land uses. 6 b. The Administrative Code shall establish the submittal requirements for an 7 automobile service station waiver request. The request for an automobile 8 service station waiver shall be based on the submittal of the required 9 application, a site plan, and a written market study analysis which justifies 10 a need for the additional automobile service station in the desired 11 location. 12 c. Additional conditions. The BZA shall have the right to add additional 13 conditions or requirements to its approval of a distance waiver request in 14 order to insure compatibility of the automobile service station with the 15 surrounding area and the goals and objectives of the GMP. 16 C. Building architecture, site design, lighting, and signage requirements. 17 1. Building architecture shall meet the requirements of LDC section 5.05.08 in 18 addition to the following requirements: 19 a. All structures on-site shall be of a consistent design and color scheme. 20 b. Canopy standards: 21 i. Columns must be at least eighteen (18) inches wide. 22 ii. Under-canopy lights must be fully recessed. 23 iii. Canopies must not be higher than sixteen (16)feet clear. 24 iv. Ceilings shall have a flat finish. 25 v. Flat roof canopies are prohibited. Canopies shall be consistent 26 with the architectural design and features of the principal 27 structure. 28 vi. Canopies shall be of no more than two (2) colors. Such colors 29 must be consistent with the predominant color and scheme of the 30 principal structure. Canopies shall not include finish paint above 31 level 8 saturation (chroma) or below lightness level 3 on the 32 Collier County Architectural Color Charts. 33 vii. See canopy signage standards in LDC section 5.05.05 C.4. 34 2. Site Design standards. 35 a. A six (6)foot high enclosed trash area shall be provided and integrated 36 with the design and color scheme of the service station. 37 b. Trash receptacle(s) shall be provided at a convenient location on-site to 38 facilitate litter control. 39 3. Lighting standards. 40 a. All lighting shall meet the applicable IES uniformity criteria. 41 b. All light fixtures shall be directed away from adiacent properties. 42 c. On-site light fixtures shall not exceed a height greater than twenty (20) 43 feet above finished grade. 44 d. On-site luminaries shall be of low level, indirect diffuse type, and shall be 45 between a minimum average of 1.5 foot-candles and a maximum average 46 of 5 foot-candles. 47 e. Lighting located underneath the canopy shall be recessed, of indirect 48 diffuse type, and designed to provide light only to the pump island areas 49 located underneath said canopy. 50 f. Under canopy luminance shall be between a minimum average of 5 foot- 51 candles and a maximum average 20 foot-candles. 5 l:\2014 LDC Amendment Cycle 2\Advisory Boards and Public Hearings\CCPC\5.05.05 on 5-7-15\LDCA 5.05.05 Automobile Service Stations 4-29-15-3 for CCPC on 050715.docx 4/29/2015 4:33:40 PM Text underlined is new text to be added. Bold text indicates a defined term 1 24. Signage for automobile service stations. The following are the only signs allowed 2 in automobile service stations and convenience stores with gas pumps. 3 a. Window, Wall, and other signs: As allowed in LDC&section 5.06.00-of 4 this-Cede. 5 b. All canopies may have an illuminated corporate logo with a maximum 6 area of 12 square feet shall be allowed on a canopy face which is 7 adjacent to a dedicated street or highway. Otherwise, accent lighting; 8 and back lighting and accent striping are prohibited on canopy structures. 9 c. One ground sign shall be permitted for each site and shall be placed 10 within a 200 square foot landscaped area. Height is limited so that the top 11 edge of the sign face is less than eight feet above grade. Maximum 12 permitted area 60 square feet. Said sign shall be consistent with the color 13 scheme and architectural design of the principal structure. 14 d. Signage is prohibited above gas fuel pumps. 15 D. Standards for automobile service stations adjacent to residentially zoned or 16 residentially developed properties, hereafter referred to as "residential property". 17 1. The principal structure shall be positioned between the fuel pumps and 18 residential property. Should residential property be located on two or more sides, 19 the principal structure shall be positioned as to mitigate fuel vapors to the 20 greatest extent possible. 21 a. When an automobile service station is separated from adjacent 22 residential property by a lake, marsh, non-developable wetlands, 23 designated preserve areas, canals, or a minimum of a 4-lane arterial or 24 collector right-of-way, and when said feature results in a separation of 25 at least fifty (50) feet, the principal structure shall not be required to be 26 positioned between residential property and fuel pumps. 27 2. Landscaping and masonry wall standards. 28 a. Automobile service station sites shall be separated from adjacent 29 residential property by a twenty-five (25)foot wide landscape buffer and 30 an architecturally designed masonry wall. The masonry shall be eight (8) 31 feet in height, centered within the landscape buffer, and shall use 32 materials similar in color, module, and texture to those utilized for the 33 principal structure. 34 b. Landscaping shall be required on both sides of the masonry wall. On the 35 residential property wall side, a hedgerow consisting of#10 shrubs, 36 spaced four(4) feet on center, and sixty (60) inches high at planting shall 37 be provided. In addition, a row of canopy trees spaced thirty (30) feet on 38 center, and ten (10) feet in height at planting are required. On the 39 automobile service station wall side, a row of canopy trees, spaced 40 thirty (30) feet on center, and twelve (12) feet in height at planting are 41 required. One royal palm, spaced thirty (30) feet on center, and fourteen 42 (14) feet at planting shall be provided between the canopy trees. 43 Required canopy trees shall be staggered to accommodate the canopy 44 trees on the residential property wall side. 45 3. Music standards. Music shall not be played in the fuel pump area. 46 4. Lighting standards. 47 a. All lighting shall meet the applicable IES uniformity criteria. 48 b. On-site lighting. 49 i. All light fixtures shall be directed away from all adjacent property. 50 ii. On-site light fixtures within fifty (50) feet of residential property 51 shall not exceed a height greater than fifteen (15) feet above 6 l:\2014 LDC Amendment Cycle 2\Advisory Boards and Public Hearings\CCPC\5.05.05 on 5-7-15\LDCA 5.05.05 Automobile Service Stations 4-29-15-3 for CCPC on 050715.docx 4/29/2015 4:33:40 PM Text underlined is new text to be added. Bold text indicates a defined term 1 finished grade. Light fixtures elsewhere shall not exceed a height 2 greater than twenty (20) feet above finished grade. 3 iii. All light fixtures shall be full cutoff with flat lenses. 4 iv. On-site luminaries shall be of low level, indirect diffuse type, and 5 shall be between a minimum average of 1.5 foot-candles and a 6 maximum average of 5 foot-candles. 7 v. Illumination shall not exceed: 1.) 0.5 foot-candles at all adjacent 8 residential property lines; and 2.) 0.2 foot-candles at ten (10)feet 9 beyond all adjacent residential property lines. 10 c. Under-canopy lighting. 11 i. Lighting located underneath the canopy shall be recessed, of 12 indirect diffuse type, and designed to provide light only to the 13 pump island areas located underneath said canopy. 14 ii. Under canopy luminance shall be between a minimum average of 15 5 foot-candles and a maximum average 20 foot-candles. 16 5. Drive through windows and menu boards shall be oriented away from residential 17 property. 18 6. See LDC section 5.05.11 for car washes and vacuums abutting residential 19 zoning districts. 20 DE. The following landscape requirements are in addition to the requirements of section 21 4.06.00 Landscaping and Buffering. 22 1. Right-of-way buffer landscaping: 23 a. Landscaping adjacent to rights-of-way external to the development 24 project shall be located within a landscape buffer easement which is a 25 minimum of twenty-five (25) feet in width. Water management swales 26 shall not be located within these buffer areas; however, water 27 management facilities such as underground piping shall be permitted. 28 b. An undulating berm with a maximum slope of 3:1 shall be constructed 29 along the entire length of the landscape buffer. The berm shall be 30 constructed and maintained at a minimum average height of three (3) 31 feet. The berm shall be planted with ground cover(other than grass), 32 shrubs, hedges, trees, and palms. 33 c. The required trees and palms shall be clustered in double rows with a 34 minimum of three (3) trees per cluster. Canopy trees shall be planted a 35 maximum of twenty (20) feet on center within a cluster. The use of palms 36 within the right-of-way buffer shall be limited to landscaped areas 37 adjacent to vehicular access points. Palms shall be planted in staggered 38 heights, a minimum of three (3) palms per cluster, spaced at a maximum 39 of eight (8) feet on center, with a minimum of a four(4)foot difference in 40 height between each tree. Exceptions will be made for Roystonea spp. 41 and Phoenix spp. (not including roebelenii) which may be planted one (1) 42 palm per cluster. A maximum distance of twenty-five (25) feet between all 43 types of tree clusters shall be maintained (See Illustration 1 below). 44 d. All of the trees shall be a minimum of fourteen (14) feet in height at the 45 time of installation. Trees shall have a minimum of a three and one-half 46 (3%) inch caliper at twelve (12) inches above the ground and a six (6) foot 47 spread. At installation, shrubs shall be a minimum of ten (10) gallon, five 48 (5) feet in height, with a three (3) foot spread, planted four(4) feet on 49 center. 50 3. Landscaping adjacent to all other property lines: 7 l:\2014 LDC Amendment Cycle 2\Advisory Boards and Public Hearings\CCPC\5.05.05 on 5-7-15\LDCA 5.05.05 Automobile Service Stations 4-29-15-3 for CCPC on 050715.docx 4/29/2015 4:33:40 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 a. Side property boundaries (other than those adjacent to rights-of-way) 2 shall be planted with single row hedges consistent with the minimum 3 requirements of section 4.06.00, Landscaping and Buffering. 4 b. Rear property boundaries (other than those adjacent to road rights-of- 5 way) shall be planted with a single row hedge. The hedge shall be a 6 minimum height of four (4) feet at planting, planted at three (3) feet on 7 center, and shall be maintained at a height of five (5) feet. 8 c. Curbing shall be installed and constructed, consistent with minimum code 9 requirements, between all paved areas and landscape areas. ILLUSTRATION 1 y / I y 41:::,-,,,, ,t% M • . >er.sc . CAMP! 0..• o (` I ....$I SEMIS 310 bl'' I \ =MOM=U I if --.i:.A.7:1..t.'"-a\' ...,\:-.:"I'7.;.'''':.:-ruNi7...--1 -\c\,IsiT ' I 4.4049t. own v.- .;,.'.... ,sf.r-: ;', JF, , AUTOMOBILE SERVICE STATION R.O.W.LANDSCAPE REQUIREMENTS 10 *"*.a. •L ,x,.r. .., .. „._ 11 Illustration 1. Auto Service Station R.O.W. Landscape Requirements 12 13 E. Automobile service station sites shall be separated from adjacent residentially zoned 14 _ - __. ---- - ---. ' - - - - -- - - -- - -- = -- • - - - - 15 - - -- - , • -- - _ - _ -16 -- - - - -- - - - -- - - -- - - _-• _- _ - _- _ _ 17 F. Lighting. 18 - - - - - - • -- - - - - - - 19 2. On site luminaries shall be of low level, indirect diffuse type, and shall not exceed 20 a height of greater than twenty (20) feet above finished grade. 21 - - --- - - - •-- - - -- -- - -- - - - - - 22 -' - - - - - - - - - •' -- - . - -- --- - - - •-- _ . 23 canopy. 24 GF. All restrooms and ATMs shall be located inside or to the side or rear of the principal 25 structure Wig. 26 -. A -- - --- -• -.. - . = -- • - - - - • - -- - -- • -- - -- 27 with the design of the service station shall be provided. 28 G. Storage tanks shall be located below grade. 29 4H. There shall be no outside displays of products, stacking of tires, or other merchandise. 8 I:\2014 LDC Amendment Cycle 2\Advisory Boards and Public Hearings\CCPC\5.05.05 on 5-7-15\LDCA 5.05.05 Automobile Service Stations 4-29-15-3 for CCPC on 050715.docx 4/29/2015 4:33:40 PM Text underlined is new text to be added. Bold text indicates a defined term 1 14I. No automobile service station shall have an entrance or exit for vehicles within 200 2 feet along the same side of a street as a school, public playground, child care center, 3 church, hospital, public library, or any institution for dependents or for children, except 4 where such property is in another block. 5 L. Color accent banding on gasoline canopy structures and all other structures is 6 prohibited. Canopies shall be of one (1) color, consistent with the predominant color of 7 - -- -- -- - - - -- - - - -8 earth toncs or pastels. 9 4J. Each automobile service station shall provide the necessary infrastructure and pre- 10 wiring in order to provide the capabilities for generator service in case of emergencies. 11 NK. In addition to the retail dispensing of automobile fuels and oil, only the following services 12 may be rendered and sales made, except as indicated: 13 1. Sales and servicing of spark plugs, batteries, distributors, and distributor parts. 14 2. Sales, mounting, balancing, and repair of tires and wheel alignments, but not 15 recapping of tires. 16 3. Sales and replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, 17 floor mats, wiper blades, grease retainers, wheel bearings, shock absorbers, 18 mirrors, exhaust systems, and the like. 19 4. Provision of water, antifreeze, flushing of the cooling system,air conditioning 20 recharge, and the like. 21 5. Providing and repairing fuel pumps and lines. 22 6. Minor motor adjustments not involving removal of the head or crankcase. 23 7. Greasing and lubrication. 24 8. Sales of cold drinks, candies, tobacco, and similar convenience goods for service 25 station customers, but strictly and only as accessory and incidental to the 26 principal business operation. 27 9. Provision of road maps and other information. 28 10. No mechanical work shall be allowed outside of the enclosed areas. 29 11. Oil drainage pits or appliances for such purpose or repair purposes shall be 30 located within a wholly enclosed building. 31 12. Uses permissible at an automobile service station do not include major 32 mechanical and body work, straightening of frames or body parts, steam 33 cleaning, painting, welding, storage of automobiles (except as expressly 34 permitted in subsection 13. below), commercial garage as an accessory use, or 35 other work involving undue noise, glare, fumes, smoke, or other characteristics to 36 an extent greater than normally found in such stations. An automobile service 37 station is not a facility for the sale of automobile vehicles, a repair garage, a 38 body shop, or a truck stop. 39 13. The temporary storage of vehicles shall be permitted if the vehicles are to be 40 serviced at the service station or if the vehicles have been towed by the service 41 station and are being held for servicing, for an insurance company, or for 42 salvage. Any such vehicle(s), other than those vehicles serviced daily, shall be 43 stored within an area surrounded by an opaque fence not less than six (6) feet 44 high. Said vehicles shall not be stored longer than sixty (60) days. 45 14. Washing and polishing of automobiles and sale of automobile washing and 46 polishing materials, but this only allows auto detailing as an accessory use. This 47 provision does not allow carwashes except in those zoning districts where a 48 carwash is a permitted use, and where such carwashes shall be subject to 49 criteria specified in the zoning district. 50 OL. Exceptions: 51 1. The site design standards set forth in LDC section 5.05.05 B.1. (table) shall not 52 apply to, nor render non-conforming, any existing automobile service station or 9 I:\2014 LDC Amendment Cycle 2\Advisory Boards and Public Hearings\CCPC\5.05.05 on 5-7-15\LDCA 5.05.05 Automobile Service Stations 4-29-15-3 for CCPC on 050715.docx 4/29/2015 4:33:40 PM Text underlined is new text to be added. Bold text indicates a defined term 1 any automobile service station within a PUD in which a specific architectural 2 rendering and site plan was approved as part of a rezoning action prior to July 5, 3 1998. 4 2. The site design standards set forth in LDC section 5.05.05 C.—MJ. or any other 5 applicable development standard shall apply to existing automobile service 6 stations pursuant to the provisions of 9.03.00 Nonconformities, and all other 7 applicable sections of the Land Development Code. 8 # # # # # # # # # # # # # 9 10 5.05.08 Architectural and Site Design Standards 11 * * * * * * * * * * * * * 12 D. Design Standards for specific building uses. 13 * * * * * * * * * * * * * 14 4. Automobile service stations. 15 a. Applicability. In addition to the requirements of LDC Ssection 5.05.05 16 Automobile service stations, all standards established in this section are 17 applicable_ • • •- - - - --- - - - -. ---• : 18 i. Canopy columns must be at least 18 inches wide. 19 ii. Under canopy lights must be fully recessed. 20 iii. Canopies must not be higher than 16 feet clear. 21 22 # # # # # # # # # # # # # 23 24 5.05.11 Carwashes Abutting Residential Zoning Districts 25 26 A. Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not 27 be allowed. 28 B. Minimum yards. 29 1. Front yard setback: fifty (50) feet. 30 2. Side yard setback: forty (40) feet. 31 3. Rear yard setback: forty (40) feet. 32 C. A carwash shall not be located on a lot with less than 150 feet of frontage on a 33 dedicated street or highway. 34 D. Minimum lot size is 18,000 square feet. 35 E. If a carwash or vacuum station abuts a residential district, a masonry or equivalent wall 36 constructed with a decorative finish, six (6) feet in height shall be erected along the lot 37 line opposite the residential district and the lot lines perpendicular to the lot lines 38 opposite the residential district for a distance not less than fifteen (15) feet. The wall 39 shall be located within a landscaped buffer as specified in section 4.06.00. All walls 40 shall be protected by a barrier to prevent vehicles from contacting them. 41 F. The building shall maintain a consistent architectural theme along each building 42 facade. 43 G. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control 44 Ordinance [Code ch. 54, art. IV]. 45 H. The washing and polishing operations for all car washing facilities, including self-service 46 car washing facilities, shall be enclosed on at least two sides and shall be covered by a 47 roof. Vacuuming facilities may be located outside the building, but may not be located in 48 any required yard area. 49 I. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. 50 # # # # # # # # # # # # # 10 l:\2014 LDC Amendment Cycle 2\Advisory Boards and Public Hearings\CCPC\5.05.05 on 5-7-15\LDCA 5.05.05 Automobile Service Stations 4-29-15-3 for CCPC on 050715.docx 4/29/2015 4:33:40 PM Near Roadway Air Pollution and Health: Frequently Asked Questions With more than 45 million people in the United States living, working, or attending school within 300 feet of a major road, d airport or railroad there is growing concern about the health impacts of roadway traffic. Below are frequently asked questions EPA receives • • concerning near roadway air pollution and what EPA is doing to ad- dress this important health issue. What are the concerns associated with living, working, or attending school near major roads? Air pollutants from cars, trucks and other motor vehicles are found in higher con- centrations near major roads. People who live, work or attend school near major (1.) roads appear to have an increased incidence and severity of health problems associ- 1 ated with air pollution exposures related to roadway traffic including higher rates of asthma onset and aggravation, cardiovascular disease, impaired lung development in children, pre-term and low-birthweight infants, childhood leukemia, and premature death. Pollutants directly emitted from cars, trucks and other motor vehicles are found in higher concentrations near major roads. Examples of directly emitted pollutants include particulate matter (PM), carbon monoxide (CO), oxides of nitrogen (NOx), and benzene, though hundreds of chemicals are emitted by motor vehicles. Motor vehicles also emit compounds that lead to the formation of other pollutants in the atmosphere, such as nitrogen dioxide (NO2), which is found in elevated concentra- tions near major roads, and ozone (03), which forms further downwind. Beyond vehicles' tailpipe and evaporative emissions, roadway traffic also emits brake and tire debris and can throw road dust into the air. Individually and in combination, many 1 of the pollutants found near roadways have been associated with adverse health ef- fects. fects. • United States Office of Transportation and Air Quality iiii•EPAEnvironmental Protection EPA-420-F-14-044 Agency August 2014 People who live, work or attend school near major roads appear to have an increased incidence and severity of health problems that may be related to air pollution from roadway traffic. Health effects that have been associated with proximity to roads include asthma onset and aggravation, cardiovascular disease, reduced lung function, impaired lung development in children, pre-term and low-birthweight infants, childhood leukemia, and premature death. Other than air pollu- tion, road noise may also play a role in the health problems associated with roadway exposure. What is a "major road" and how close to a such a road do you have to live, work or attend school to be considered "near" it? Research findings indicate that roadways generally influence air quality within a few hundred meters—about 500-600 feet downwind from the vicinity of heavily traveled roadways or along corridors with significant trucking traffic or rail activities. This distance will vary by location and time of day or year, prevailing meteorology, topography, nearby land use, traffic patterns, as well as the individual pollutant. • � What influences air quality near major roadways? CV The type of vehicles and fuel used, traffic activity, and the wind speed and direction can all have big effects on pollutant levels near major roadways. Generally, the more traffic, the higher the emissions; however, certain activities like congestion, stop-and-go movement or high-speed operations can increase emissions of certain pollutants. The combination of rush hour and calm winds in the morning often leads to the highest concentrations during this time of the day. Emissions can be elevated near major roadways and arise from multiple vehicle-related pro- cesses, including tailpipe exhaust, evaporation of fuel, brake and tire wear, and dust kicked up n , from traffic. Certain wind and terrain conditions, certain times of the day, including rush hours can result in elevated concentrations of air pollution near the road and air pollutants traveling farther from the road. The presence of sound walls, buildings and vegetation also has an impact on pollutant dispersion. Typically, pollutant concentrations decrease with distance away from traffic although the degree of this decrease varies. • The highest concentrations of roadway pollutants occur on or just downwind of a road- way. With greater distance from a roadway, concentrations generally decrease to back- ground levels within 500-600 feet. Pollutant concentrations tend to be higher when winds blow from the road and wind speeds are low. • Traffic activity, wind speed, and direction can have a big influence on pollutant concen- trations. Generally, the more traffic, the higher the emissions; however, certain activities like congestion, stop-and-go movement or high-speed operations can increase emissions C7'4 of certain pollutants. The combination of rush hour and calm winds in the morning often leads to the highest concentrations during this time of the day. Other factors af- fecting pollutant concentrations include the mix of vehicles, roadway design, and nearby land uses. 2 Both heavy-duty trucks and light-duty gasoline vehicles emit a range of pollutants. However, their contributions to different types of compounds are not the same. Per vehicle, heavy-duty diesel trucks can emit more of certain pollutants (e.g., NOx and PM) and contribute dispropor- tionately to the emissions from all motor vehicles. Gasoline-powered passenger cars generally emit more of other pollutants (e.g., CO, and benzene, a volatile organic compound (VOC)). How many people live or spend time near major roads and other transportation facilities? EPA estimated that in 2009, more than 45 million people in the United States lived within 300 feet of a highway with 4 or more lanes, a railroad, or an airport, and population trends suggest this number is increasing. Many schools and child care centers are located within a few hundred feet of highways, particularly in urban areas. Furthermore, every day, the average American spends more than an hour in travel, most of which takes place on major roadways OAre some people at greater risk from being close to major roadways or high traffic areas? . - Children, older adults, people with preexisting cardiopulmonary disease, and people of low ^� socioeconomic status are among those at higher risk for health impacts from air pollution near V./ roadways. Some people are known to be at greater risk of experiencing adverse health effects from air pol- lution, including those with asthma and other respiratory diseases and risk factors for heart at- tacks and strokes. Children, older adults, people with preexisting cardiopulmonary disease, and people of low socioeconomic status also are among those at higher risk for health impacts from some air pollutants associated with traffic emissions. There are many factors being studied to better determine personal risk from air pollution gener- ated from traffic. These include a person's current health status and age and the frequency and amount of exposure to air pollutants. EPA scientists and scientists funded through EPA grants continue to study the association between roadway air pollutants and potential health impacts. Studies are examining the role of traffic-related air pollutants on the initiation of asthma and other diseases in children and cardiovascular disease in adults. What is EPA doing to address near-roadway air pollution? Over the past three decades the U.S. EPA has worked to reduce harmful roadway-related emis- sions in a number of important ways. EPA has reduced pollution from new cars and trucks by establishing more stringent emission standards and cleaner fuel requirements. EPA also has a number of programs designed to reduce emissions from in-use vehicles not subject to the newest emission standards. In addition, EPA sets the health-based National Ambient Air Quality Standards (NAAQS) for pollutants that are emitted from on-road mobile sources and has recently required that air quality monitors be placed near high-traffic roadways for determining wcompliance with the NAAQS for NO2, CO, and PM2.5. Finally, EPA is conducting research to 3 better understand the phenomenon of near roadway pollution, exposure and adverse health effects, and how to reduce air pollution near these high-traffic areas EPA has addressed pollution from motor vehicles by establishing more stringent emission and fuel standards to reduce emissions of a variety of pollutants including PM, NOx, CO, and volatile organic compounds (VOC) such as benzene. EPA's standards apply to heavy-duty truck engines, light-duty passenger cars, buses, motorcycles, and other motor vehicles. EPA establishes and maintains standards for fuel quality to enable lower emissions from vehicles. A new vehicle on the road today has more than 90% lower emissions than a vehicle on the road 30 years ago. Over the next two decades, as new standards phase in, motor vehicle and nonroad engine emissions will continue to decrease substantially. EPA's Office of Transportation and Air Quality (OTAQ) maintains information on national standards (www.epa.gov/otaq). EPA also has a number of programs designed to reduce emissions from the existing fleet of O vehicles that are not subject to the newest emission standards. For example, through the Na- tional Clean Diesel Campaign, EPA works with stakeholder coalitions to plan and finance diesel • emission reduction programs across the country. ^� In addition, EPA sets health-based National Ambient Air Quality Standards (NAAQS) for V several pollutants that are emitted from on-road mobile sources, including CO, NOx (with NO2 used as the indicator), and PM. Recently, EPA has required that air quality monitors be placed near high-traffic roadways for determining NAAQS compliance for NO2, CO, and PM2.5 in addition to those existing monitors located in neighborhoods and other locations farther away from pollution sources. EPA also works with state and local governments to ensure that Federal- ly-sponsored and approved transportation activities are consistent with state efforts to attain the NAAQS. The Agency also supports state and local efforts to reduce the number of vehicle miles ( ) travelled by promoting public transit use, carpooling, active commuting (biking and walking) 1 and other alternatives to commuting (e.g., teleworking). EPA has a near-roadway research program to investigate emissions, exposures, health impacts and ways to reduce air pollution near major roadways and high traffic areas. EPA and EPA-sup- ported researchers have published numerous articles characterizing near-road air quality, expo- sures, and health effects, as well as methods of mitigating these impacts. As this research contin- ues, the results will assist federal and state regulators, community and transportation planners, and the public with making sound decisions to protect public health. (1.) Are there other actions that may reduce air pollution concentrations and exposures near major roadways? There are a number of approaches that appear promising for reducing the air pollution near () roadways. In addition to reducing vehicle emissions, other approaches involve the design of t transportation projects and designs of buildings and facilities near major roadways. For example, ;"∎ research suggests that sound walls, cut sections, and roadside vegetation can reduce traffic-relat- ed air pollutants immediately downwind of a roadway, although the extent of this reduction can 4 vary by the dimension and type of feature. Research is still underway to quantify the specific impacts these features have in reducing air pollutants near-roadway areas. In addition, design and siting of new buildings, and the use of indoor air filtration, may also be a way to minimize exposures to pollutants while indoors. Reducing the emissions of each vehicle on the road and the number of vehicle miles driven reduces air pollution. As noted above, EPA has established stringent fuel and emission standards for vehicles and non-road engines, and created other programs to further reduce diesel emissions from existing vehicle fleets. Changing the design of transportation projects can also affect how and where air quality impacts occur. Research suggests that sound walls can reduce concentrations of traffic-related air pollut- ants immediately downwind of a roadway, although the extent of this reduction can vary by the wall height, length and distance from the road. Such barriers may also increase concentrations in the air on and immediately over the road as well as locations upwind and near the edges of O the structure. For the same level of emissions, pollutant concentrations also are generally lower near cut section roads (roads below grade with steep walls) than near at-grade roads. Roadside • vegetation, like trees and large bushes, can also impact air pollution concentrations. Studies suggest that the height, thickness, width, type of species, and continuity of the vegetation are all ^� likely important factors in whether vegetation reduces pollutant concentrations in adjoining V,/ areas and communities. All of this research is promising, although further research is needed to be able to quantify the specific impacts of these features on reducing concentrations of traffic- related pollutants. Building construction and 1 ocat i on can also affect pollution exposures for residents. For me- chanically-ventilated buildings near large roadways, air filtration devices installed in the venti- lation systems can remove pollutants and improve indoor air quality. In addition, new buildings rl l and facilities can be designed and located to minimize the time that at-risk people spend in near-roadway settings. For example, a school site could place maintenance and storage facilities closer to the road, while placing playgrounds, athletic fields, and classrooms as far from the road as possible. What air pollution exposures occur in vehicles? In-vehicle air quality is influenced by surrounding vehicles and sometimes emissions from the vehicle itself. Studies generally report higher concentrations of air pollutants in vehicles when following heavy-duty trucks and cars with visible tailpipe emissions. Tailgating and stopping () very close to the vehicle in front during a traffic jam or at an intersection can increase air pollution in the following vehicle. A key factor in determining driver and passenger exposure is the vehicle's ventilation. Older diesel-powered buses also can have elevated concentrations of exhaust components inside the cabin. (+) Air quality in vehicles can be affected by traffic emissions on the roadway, with elevated concentrations inside vehicles of many of the same pollutants found outside the vehicle. Smoking in a vehicle creates concentrations of PM and other pollutants that generally 5 dominate any other factors. However, in-vehicle air quality is influenced by the surrounding vehicles, particularly in vehicles with no tobacco smoke. Studies generally report higher concen- trations of air pollutants in vehicles when following heavy-duty trucks or cars with visible tailpipe emissions. Tailgating and stopping very close to the vehicle in front during a traffic jam can increase air pollution in the following vehicle. A key factor in determining driver and passenger exposure is the vehicle's ventilation. When windows are open, outdoor air enters the passenger compartment rapidly. When windows are closed, the settings on a vehicle's ventilation system have a larger effect on exposure. When the ventilation is set to bring in air from outside the vehicle, outdoor air enters rapidly. The recircu- lation setting reduces the turnover of outdoor air into the vehicle. In vehicles equipped with properly functioning cabin air filters, recirculation reduces PM concentrations from the out- doors, although this may not reduce concentrations in vehicles where people are smoking tobacco. O Older diesel-powered buses (including school and public transit buses) also can have elevated concentrations of exhaust components inside the cabin. Emissions from the tailpipe and from • blow tubes that ventilate the crankcase can result in higher concentrations of PM and other air pollutants inside the cabin than found outside. As part of the National Clean Diesel Campaign, EPA's Clean School Bus USA provides funding to school districts to retrofit buses with verified emission reduction technologies. For more information see www.epa.gov/cleanschoolbus What is EPA doing about railyard and port emissions? EPA has established emission standards that will reduce emissions from each engine, including those for locomotives and marine vessels. Reducing idling also prevents emissions and improves nearby air quality. Features such as walls and vegetation may also reduce concentrations of air pollutants near these facilities, but little direct research exists for these locations. A number of studies have reported air pollution in elevated concentrations near rail yards and 4 marine ports. In general, diesel engines power the trains, trucks, and large marine vessels that are found in these facilities. Although the body of scientific literature about air quality and health near these locations is not as large as the number of studies done near major roadways, it is clear that pollutant concentrations are influenced by similar factors. For example, concentrations of directly-emitted pollutants are generally found in higher concentrations closer to these facilities than farther away. Higher volumes of trains, boats, and other engines are likely to be associated with higher pollutant concentrations. EPA has established emission standards for a range of mobile sources found at marine ports or rail yard facilities. For locomotives and marine engines under 30 liters per cylinder, EPA stan- dards are reducing per-engine CO, NOx, VOC, and PM, and sulfur levels in non-road diesel fuel C.) to enable new emission control technologies. The most stringent standards for these engines take effect between 2012 and 2017. ;1■I [T 6 For large ocean-going vessels (marine engines greater than 30 liters per cylinder displacement), EPA has worked closely with the International Maritime Organization (IMO) to establish an Emission Control Area (ECA) extending up to 200 nautical miles from the coasts of U.S., Canadian, and French territories in North America. The ECA requires that ships within it operate on lower sulfur fuel which lowers emissions of NOx, SO2, and PM from ships. EPA has also established new stringent standards to reduce NOx from the largest marine diesel engines, which apply beginning in 2016. In addition to emission standards, measures to reduce idling also can reduce concentrations near ports and rail yards. For example, shore connection systems (SCS) allow maritime vessels and locomotives to plug into an electric power source rather than using onboard engines while docked at port or stopped in a rail yard. Features such as walls and vegetation may also reduce concentrations of air pollutants near these facilities, but little direct research exists for these locations. OThe U.S. EPA is involved in a number of nonregulatory efforts that seek to address railyard and port emissions. For example, the Ports Initiative seeks to partner with ports to reduce climate • risks and improve air quality, the SmartWay Program encourages trucks and locomotives to not CID idle, and provides technical information on the benefits of not idling, and the DERA Program provides funding for clean diesel projects at ports and railyards. Research Links What EPA research is being conducted on near-roadway air pollution? EPA's near-roadway research program is an integrated, multidisciplinary effort to better under- stand how motor vehicle emissions influence air quality invehicle, near major roads and the health of nearby populations, including those with asthma and cardiovascular disease. The studies have been designed to answer questions about potential health risks and what can be done to reduce exposures both in-vehicle and near roadways to maximize improvements in public health. EPA's near-roadway research program is an integrated, multidisciplinary effort to better under- stand how motor vehicle emissions influence air quality near major roads and the health of nearby populations, including those with asthma and cardiovascular disease. The studies are designed to answer questions about potential health risks including: What kinds of air pollutants near roadways have the most significant impacts on human health? • What is the full range of potential health effects associated with air pollutants near road- ways including consideration of possible impacts on populations living, working, or going t( l' to school near roads?How far do air pollutants travel from roadways? �""'1/ • Who is most at risk for experiencing health effects associated with air pollution near roadways? 7 • What can be done to reduce exposures near roadways to maximize improvements in public health? • How can research support the improvement of existing tools and development of new tools for use in transportation and community planning? • How can research help inform regulatory decisions to improve near-road air quality and reduce occurrences of adverse health effects? Research includes: Ci) • Health effect studies of human populations in neighborhoods near major roads • Toxicological and human clinical studies in controlled exposure environments • • Air monitoring studies on and near roadways • Laboratory studies to measure motor vehicle emissions and simulate roadway conditions • Computer modeling to understand air quality and the dispersion of pollutants away from the roadway • Field and laboratory studies on the ways to reduce near-road air pollutants and adverse health effects and r1 l • Impacts of ports, railyards, and airports on nearby air quality and people's exposures. Ci) For more information, see www.epa.gov/airscience/air-highwayresearch.htm What has been the impact of near-roadway research? Near-roadway research has led to a number of programs aimed at reducing pollutant concen- trations and protecting public health. The research contributed to a body of evidence on the connections between roadway-associated exposures and adverse health effects, which led EPA to develop the requirement for a national near-road air quality monitoring network and supported EPA programs for modeling the near-road air quality impacts of diesel vehicles on transportation projects. In particular, the health studies helped to identify health impacts near roads, the field C ""i measurements identified where and how best to monitor these impacts, and the field and labora- t� tory studies suggested ways to potentially model and mitigate these impacts. ■1 Communities have used products of this research to inform decisions on school and other wfacility placement. For example, research studies were cited in the recent EPA School Siting 8 Guidelines, which help school districts evaluate potential environmental hazards when identify- ing new school locations, and identify roadway-related factors and mitigation options that may reduce exposures. For recommendations on addressing near-road air quality in school siting, see section 8 in EPA's School Siting Guidlines: www.epa.gov/schools/guidelinestools/siting/download.html This research has also led community planners and developers to consider how people may be exposed to traffic emissions, and what steps may be taken to reduce nearby populations' expo- sures and health impacts. Where can I find published research? Ci) • To find specific publications related to near roadway research, enter"roadway" or"road" in the search box on the main page of the Science Inventory at: http://cfpub.epa.gov/si/. O • EPA's near roadway research: www.epa.gov/airscience/air-highwayresearch.htm . ri • EPA also supports near roadway research conducted at other research institutions includ- Ci) ing the EPA Clean Air Research Centers and the Health Effects Institute (HEI). Infor- mation on near roadway research at these institutions can be found at the following sites: o Clean Air Research Centers: www.epa.gov/airscience/air-cleanairresearchcenters.htm o Health Effects Institute: www.healtheffects.org/ ""C l r—I (L) T;-1 9 1�rac. Rac e Review of Collier County LDC Change 9E April 30, 2015 Tom Hardy RaceTrac Petroleum, Inc RaceTrac has reviewed the proposed changes to the LDC as provided in Collier County Amendment item 9-E. The following are questions, concerns,and suggestions for these proposed changes. Page 3 - Figure 5 is the Airport Pulling RaceTrac Canopy in the city of Naples 1. Does Collier County Staff consider the colors provide on that canopy to be above lightness level 3 on the Collier County Architectural Color Chart? 2. More specifically, does the "dark bronze"banding color on the Airport Pulling Canopy (located within the city of Naples) fall above lightness level 3 on the Collier County Architectural Color Chart? It is RaceTrac's opinion it is similar to "10Y 3/2". Therefore the bronze is above the lightness level 3 on the Collier County and can exceed 10% of the building facade. The 10% is referenced in the Collier County Color charts. Page 5 - C. Building architecture part.V. -line 25 1. "Flat roof canopies are prohibited"- We respectfully request this sentence be revised or stricken. Too often this is interpreted to require mansard roofs or hip roofs on fuel canopies. These type roofs cause significant concerns during hurricanes. These roofs require a more rigid design for the canopy structure and the structures loose flexibility during high winds as well as roofing materials become projectiles. a. If the desired effect is to have architectural elements on the facades of the canopy as indicated in Figure 1 and figure 5,then it is suggested that the sentence read: "Fuel canopy facades shall not be flat and must provide 3-dimensional design architectural elements." RaceTrac Store Support Center 1 3225 Cumberland Blvd.,Suite 100,Atlanta GA 30339 I racetrac.com 1 770.431.7600 rracaRace Page 5- C. Building architecture part.VI.-line 28 As mentioned above,the Collier Color chart statement needs clarification in regards to Figure 5 on page 3. 1. Does Collier County Staff consider the colors provide on that canopy in Figure 5 to be above lightness level 3 on the Collier County Architectural Color Chart? 2. More specifically, does the "dark bronze" color on the Airport Pulling Canopy (located within the city of Naples) fall above lightness level 3 on the Collier County Architectural Color Chart? It is RaceTrac's opinion it is similar to "10Y 3/2" on the Lightness Level 3 chart. Therefore the bronze is above the lightness level 3 on the Collier County and can exceed 10% of the building facade. The 10% is referenced in the Collier County Color charts. Page 5 - 2. Site Design standards-line 35 • Clarification. Please consider revising to read: "A six (6) foot high minimum enclosed trash area....". a. This could be interpreted to only allow (6) foot high dumpster walls. Some designs may want to exceed that height. Page 5 - Line 33 -part vii- "See canopy signage standards in LDC section 5.05.05 C4". • This section does not exist. Part C only has 1.&2. It could be referencing part C2.b. This line item is inconsistent/redundant to page 6. Lines 5-8 referencing canopy logo signage. Page 5 line 50-51 "part f. - canopy luminance" • The technology today of LED lights allow for a more focused beam of light for safety. For example, RaceTrac at Manatee, Barefoot Williams, and Airport Pulling all average 25.6 foot candles,but provides less than 20 foot candles immediately around the perimeter of the canopy. Page 6 lines 5-7 "Part 4.b. "All canopies may have an illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is 6 adjacent to a dedicated street or highway" 12 SF is a very small sign when compared to other wall signs on buildings allowed in this zoning district.The 12 SF is dwarfed by the length and size of standard canopies. A RaceTrac Store Support Center 1 3225 Cumberland Blvd.,Suite 100,Atlanta GA 30339 I racetrac.com 1 770.431.7600 rrac pace suggestion of tying the SF allowed to the overall length of each facade that is visible from the road frontage. For example: " 1 SF for every 1 LF of canopy length not to exceed a maximum of 50 SF" Page 6- D. -Standards for automobile service stations adjacent to residentially zoned Part 2. B -lines 36-38. • The shrubs being installed at 60" is going to limit the species available and diversity in design. Please consider 36"at time of installation. Page 6-D. part 3. Music standards • Please consider an hours of limitations instead of"shall not be played". The music at the pumps is for the guest experience and cannot be heard from the property lines. Page 7 line 14-15 "part c.- canopy lighting" ii. Under canopy luminance shall be between a minimum average of 14 5 foot-candles and a maximum average 20 foot-candles. • The technology today of LED lights allow for a more focused beam of light for safety. For example, RaceTrac at Manatee, Barefoot Williams,and Airport Pulling all average 25.6 foot candles,but provides less than 20 foot candles immediately around the perimeter of the canopy. The implied concern for adjacent residential would not be present. RaceTrac Store Support Center I 3225 Cumberland Blvd.,Suite 100,Atlanta GA 30339 I racetrac.com 1 770.431.7600 Page 1 of 1 , PI__ --_ 'r' 1 ,• — I '' 7. !J*', >r r • . .r J i e .z.,.' lip. Pr,z;.."..• .., '' l!� ..1, -.` - e ;I"'it • a -- <k.,n Y~ 5/18/2015 https://www.colliergov.net/modules/showdocument.aspx?documentid=59514 Page 1 of „ It . , .. ,,, . ,,,..,.,_.„..k . . .... ......,,. ... .„ ,. Ai, ,,,,,,,_ Vt RaceTrac '�'. - ^ _ oniesumuk.:: PIS ... r I �II - : L 1 i11 : ' r 'e v ., „., - T.:,.. — — : If .;ii, -Iii- t 11111 Ak i _ i " c , _ f ! !ice :: �, e' '' 0 I• c c - -!�,47 0 a c . .iis _au, *" . • .�"V,7,,,- .hY7+"�t(4; = +di 'iR '''1 ,, • 'e 3 Rh --, ,..E..,' s r t y - r s'n•r,tei �ti ,� t }'�, i. � J 4 a*4 top to 1 i, w ., ,, ,''t r . atl)ti r)..� � S �'+ , !y. t ! y��,,��,[ '� ^rf}y„4 a ,'1•IS 4} 9a 4. ` .1-A" :.1, .� ik4 ' ' ' 'fieA •410 e4 3yf11••!, IQ ! i i ip r/. ! 'f. t r PF e31��Y`a P Paint t ` ffi�lfli .ESdIu1'Ill 41ti � ;fit•:J+v t.. t .. .. https://www.colliergov.net/modules/showdocument.aspx?documentid=59513 5/18/2015 ___ _ _ ,„,:. , Am. The Architectural Color Charts CO per County depicted in this brochure offer a general idea of which colors are «- ;,iiliE subject to the restrictions and == �r�_,,_. limitations of the LDC, based on 411011iliniNOMI ARC HITECTURAL hue, lightness, and saturation. I[�-+'"'~r- �� m�_ COLOR CHARTS Each of the Architectural Color �'�r�l Charts are examples of four dif- ®" ferent lightness levels (3, 5, The purpose of the Collier County ' Architectural and Site design and 8) in the three dimensional standards is to supplement exist- color space. lain ing development criteria in order Each of the four charts depict 20 Munsell°Color Space to complement, enhance and en- to right different hues from left rich the urban fabric of our (red, orange, green-yellow, County with an abundant variety green, blue-green, blue, purple- of architecture. Exterior building colors and materials contribute blue, purple, red-purple, and significantly to the visual impact back to red.) of buildings in our community. The vertical numbered scale The adopted Architectural Color Charts The Collier County Land Develop- represents the amount of color can be consulted in person at the ment Code (LDC) states that saturation, from 0 (grays) to 12 following address: ( ) or 14, depending upon how vivid colors and materials must be well designed and integrated into a color can become. at a comprehensive design style for IMPORTANT NOTICE: Co ier County the project." Due to the limitations of the color Growth Management Division This brochure is intended to pro- Due and Regulation vide the design professional and press process, the hues within Land Development Services Department development community with a each of the color charts depicted 2800 North Horseshoe Drive visual and user-friendly tool in this brochure are not an accu- Naples,FL 34104 rate representation of the 239-252-2400 when selecting exterior building County's adopted architectural E-FAX: 239-252-3990 colors, and to help determine if color charts . the color selections are subject to the standards and limitations of COWER COUNTY ARCHITECTURAL COLOR CHARTS° the LDC. Copyright 2011®Nick Hale Lightness Level 3 Chart Lightness Level 7 Chart 12 ■ ow 2217/12 120212 00.111 127. MO 22 ■■ ■■■■■■■ 10 of 2.10 20■14 MB. V. 12.1, 20122 111112/2 O. HIM SI 712 1.214 2011 112720 0112720 54121 M. 501224 8 12 114 211 12 22. 51 24 111 01 2102 140. 272 21 502 22 10221 2272 12 04 .72 2121/11 924 12 it• 120.1 ■■■■ ■■■■■■■■■■■■■■ 6 ■■■■■■■■■■■■■■■■■■■■ 1117/10 1021 21112 112 21 2 .74 I0,7 20 1031* BIM 111102 AM 0 M. 1210 AM 120 20/4 11102 ■■■■■■■■■■■■■■■■■■■■ 2 6017 1007 PIM 11072 2712 FM 111.11 Y. 120 227/0 002 902 22 72 WM WW2 ra 10.12 12122 1202 Lightness Level 5 Chart Lightness Level 8 Chart ■■ ■ 14 ■■■ ■ ■■ ■■■ 12 ■■■■■ ■■■■■■■■■■■■■■ 10 100024 220 2.111 ■■■■■■■■■■■■■■■■■■■■ 8 420 2210 220 2,2 INT 1.0 ■■■■■■■■■■■■■■■■■■■■ 6 ■■■■■■■■■■■■■■■■■■■■ 4 NA 44 11. 12 .0 1020 2022 00 M. 002 401 10112 200 1120 20 120 2.0 ■■■■■■■■■■■■■■■■■■■■ 2 ow Ism 202 12412 212 202 12 12 2102 2 22 12 0 12112 Collier County Architectural Color Chart.Copyright 2011 C Nick Hale The current standards state that "exterior building colors above level 8(saturation)or CO 76Y County below level 3 (lightness) on the Collier County Architectural Color Charts° are lim- ited to no more than 10 percent of a fa- USING THE ARCHITECTURAL cade or the total roof area. Florescent col- , . COLOR CHARTS() ors are prohibited." (LDC Section 5.05.08.13.b.) The Architectural Color Charts are exam- In other words, the LDC restricts very vivid pies of four different lightness levels (3, colors(above level 8 on the vertical satura- 5, 7 and 8) in the three dimensional lion scale), as well as colors that are very color space. Level 3 chart being the dark (colors darker than those depicted in darkest color chart, level 8 chart the the lightness level 3 chart of the Collier lightest. County Architectural Color Charts.) Each of the four charts depict, from left to right, 20 different hues (red, orange, 14 green-yellow, green, blue-green, blue, purple-blue, purple, red-purple, and back —— COLOFtS 12 LIMITED to red.) ...�-; TO 100/0 10 ` '' a` 8 The vertical numbered scale represents . IVIINVNIIII coiRS III 6 the amount of color saturation, from 0 (grays) to 12 or 14 , depending upon INVINVIVIIIIII I l MIME 4• ii i how vivid a color can be. WHIRS _ ' i —_ t 2 I; N, ' V S The adopted Architectural Color Charts N ■ II NM T can be consulted in person at the ®. .111..11.1.11 U following address: gUll III••••iIlU A Growth Management Division fl IIU$IgIIUIIIII!I I Planning and Regulation ...1111111111111u1 RINIIII. O Land Development Services Department 2800 North Horseshoe Drive uuiIiiui*i1iuiiiiu.e 1 1---- HUE Collier County Architectural Color Chart° Example of a Collier County Architectural Color Chart Copyright 2011°Nidc Hale