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Agenda 03/22/2016 Item #17A
3/22/2016 17.A. EXECUTIVE SUMMARY Recommendation to approve an Ordinance amending Ordinance Number 2006-50, the Creekside Commerce Park Commercial Planned Unit Development (CPUD), as amended, by reducing the allowable square footage in the Industrial Commercial District by 70,000 square feet for a total of 550,000 square feet of gross floor area of industrial/commerce uses; by amending the Business District to add permitted uses from the Industrial and the General Commercial C-4 zoning districts; by amending the Business District to increase the allowable square footage of floor area from 150,000 square feet to 200,000 square feet of office uses and from 40,000 to 60,000 square feet of retail uses; by amending the business district to allow group housing east of Goodlette Frank Road at the southeast quadrant of Goodlette Frank Road to increase the zoned height to 75 feet and actual height to 85 feet; by amending the business district to allow a hotel at the southeast corner of Goodlette Frank Road and Immokalee Road to reduce the building setback from Immokalee Road to 350 feet; and by adding a sign deviation regarding the location of directory signage; and revising the master plan to depict the sign deviation for the CPUD property located in Section 27, Township 48 South, Range 25 East, Collier County, Florida, consisting of 106 acres; and by providing an effective date [PUDA-PL20140001311]. OBJECTIVE: To have the Board of County Commissioners (Board)review staffs fmdings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC)regarding the above referenced petition and render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The Creekside PUD was originally approved in Ordinance Number 97- 51, and it along with two subsequent ordinances have been repealed. The current Ordinance Number 13-23 was approved on March 12, 2013, which amended Ordinance Number 2006-50 (Please see attachment: Ordinance Number 13-23.) The petitioner proposes the following changes: In the Industrial/Commercial (VC)District: - a reduction of industrial/commerce uses by 70,000 square feet, from 620,000 square feet to 550,000 square feet of gross floor area. In the Business(B)District: - an increase of office uses by 50,000 square feet, from 150,000 square feet to 200,000 square feet of gross floor area; and - an increase of retail uses by 20,000 square feet, from 40,000 square feet to 60,000 square feet of gross floor area; And: - add a sign deviation regarding the location of directory signage. The land use square footage area changes are reflected in PUD Section III "Industrial/Commerce District"and Section IV"Business District." PUD Sections III and IV also include the following Packet Page-1726- 3/22/2016 17.A. clarifying FAR(Floor Area Ratio) language: "however,the overall FAR for the PUD for IC and B District areas will not exceed 0.35." The following land uses have been added to PUD Section 4.3 "Permitted Uses and Structures:" [Staff clarifications are shown in brackets.] - Apparel and Accessory Stores(Groups 5611-5699) - Breweries(Group 2082) - Food Market(Group 5411) only 2 allowed within the PUD [limited to two within the PUD] - Dance and Martial Arts Studios (Group 7911 and 7999, including only gymnastics and martial arts instruction) - Eating Places [has been clarified to] not including stand alone drive-thru restaurants - Hardware Stores (Group 5251) - Home Furniture,Furnishings and Equipment Stores(Groups 5712-5736) - Miscellaneous Food Stores(Group 5499) - Miscellaneous General Merchandise Stores (5399) - Miscellaneous Retail (Groups 5912-5949 and 5992-5999, excluding used merchandise stores, fireworks, gravestones, tombstones and monuments, ice dealers, sales barns,and swimming pools; retail) - Paint/Glass and Wallpaper(Group 5231) - Personal Services (Groups 7215, excluding self-service or coin laundries, 7221-7251, 7291 and 7299, including only clothing rental, costume rental,tanning salons and hair services) - Retail Bakeries(Group 5461) - Security and Commodity Brokers(Groups 6211-6289) The Development Standards in PUD Section 4.4.C.7.a. and PUD Section 4.4.D.a. for a hotel located on properties east of Goodlette-Frank Road on the B designated tract along Immokalee Road have been revised as follows: - the setback has decreased from 500 feet to 350 feet,and - the zoned height has increased from 50 feet to 75 feet and the actual height has increased from 60 feet to 85 feet. A new deviation has been added to PUD Section 4.5 to allow a different directory sign location than what is permissible by code. For further information, please see the Deviation Discussion section of the Staff Report. Other PUD Sections have been revised to remove language that is redundant with the Collier County Land Development Code (LDC), to clarify federal and state permit responsibility. The Master Plan has been revised to show the location of the signage deviation. FISCAL IMPACT: The PUD amendment by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development. However, if the PUD amendment is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. Packet Page-1727- 3/22/2016 17.A. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Comprehensive Planning staff had reviewed the proposed PUD amendment and had previously found it not consistent with the FLUE (Future Land Use Element) as the overall impacts upon public facilities were exceeded in the new zoning district (specifically, traffic impacts increased). (For further information, please refer to the attached FLUE Consistency Review dated November 20, 2015.) However, at the CCPC hearing, the agent committed to not exceed the current traffic impacts. Therefore, Comprehensive Planning staff can recommend that the proposed PUD amendment be found consistent with the FLUE. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PUDA-PL20140001311, Creekside Commerce Park PUD on March 3, 2016. The agent has committed to not exceeding the overall public facility impacts so the petition can be found to be consistent. Therefore, the CCPC voted 6-0 (with one Commissioner abstaining due to a conflict of interest) to forward this petition to the Board with a recommendation of approval subject to the following stipulation: 1. The traffic impacts currently allowed in the PUD shall not be exceeded in the amended PUD. Staff has received a letter from the United States Postal Service (See Attachment #9) that expressed their objection to the proposed reallocation of 70,000 square feet from the I/C District Tracts to the Business District Tracts. In order to alleviate this concern, staff and the applicant have agreed to the following condition to be added in Section 3.2: • Notwithstanding the foregoing, the United States Postal Service parcel may use any available square footage in the I/C District and the Business District up to a FAR of.35 on the United States Postal Service Parcel until all available square footages are used up in the PUD. As a result, this petition has been placed on the BCC Summary Agenda. LEGAL CONSIDERATIONS: The United States Postal Service has provided an objection, subsequent to the CCPC hearing, to the reduction of the square footage in the Industrial Commercial (I-C)District by 70,000 square feet because it reduces the available square feet for Packet Page -1728- 3/22/2016 17.A. industrial uses should they decide to expand in the future or sell the property. Staff has added a condition of approval to this Executive Summary which places the United States Postal Service essentially in the same position that they were in as to the square footages prior to the proposed PUDA. This is an amendment to the existing Creekside Commerce Park CPUD (Ordinance No. 2006-50, as amended). The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board, should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Amendments Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: 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. 2. Is there an adequacy of evidence of unified control and suitability of 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? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: 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. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: 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. Packet Page -1729- 3/22/2016 17.A. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change 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? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a"core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: 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. Packet Page -1730- 3/22/2016 17.A. 25. Consider: The impact of development resulting from the proposed PUD rezone 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 [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Board hearing as these items relate to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board approves the request for PUDA-PL20140001311, Creekside Commerce Center Commercial Planned Unit Development (CPUD) subject to the following stipulation: 1. The traffic impacts currently allowed in the PUD shall not be exceeded in the amended PUD. 2. The United States Postal Service parcel may use any available square footage in the I/C District and the Business District up to a FAR of.35 on the United States Postal Service Parcel until all available square footages are used up in the PUD. Prepared by: Nancy Gundlach, AICP, PLA Zoning Division—Zoning Services Division, Growth Management Department Attachments: 1) Staff Report 2) Proposed PUD Ordinance 3) Attachment B-Ordinance No. 13-23 4) Location Map 5) Master Plan 6) FLUE Consistency Review dated November 20, 2015 7) NIM Transcripts 8) Letters of no objections 9) Letter of objection from USPS 10)Application—go to: http://apps3.col liergov.net/agenda/ftp/2016BCC Meetings/AgendaMarch2216/Gro wthMgmt/Application-Creekside Commerce Park CPUD 2-24-16.pdf 11)Legal Advertisement Packet Page -1731- 3/22/2016 17.A. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.A. Item Summary: Recommendation to approve an Ordinance amending Ordinance Number 2006-50, the Creekside Commerce Park Commercial Planned Unit Development (CPUD), as amended, by reducing the allowable square footage in the Industrial Commercial District by 70,000 square feet for a total of 550,000 square feet of gross floor area of industrial/commerce uses; by amending the Business District to add permitted uses from the Industrial and the General Commercial C-4 zoning districts; by amending the Business District to increase the allowable square footage of floor area from 150,000 square feet to 200,000 square feet of office uses and from 40,000 to 60,000 square feet of retail uses; by amending the business district to allow group housing east of Goodlette Frank Road at the southeast quadrant of Goodlette Frank Road to increase the zoned height to 75 feet and actual height to 85 feet; by amending the business district to allow a hotel at the southeast corner of Goodlette Frank Road and Immokalee Road to reduce the building setback from Immokalee Road to 350 feet; and by adding a sign deviation regarding the location of directory signage; and revising the master plan to depict the sign deviation for the CPUD property located in Section 27,Township 48 South, Range 25 East, Collier County, Florida, consisting of 106 acres; and by providing an effective date [PUDA-PL20140001311]. Meeting Date: 3/22/2016 Prepared By Name: GundlachNancy Title: Planner,Principal,Zoning 2/24/2016 10:10:50 AM Submitted by Title: Planner,Principal,Zoning Name: GundlachNancy 2/24/2016 10:10:52 AM Approved By Name: BosiMichael Packet Page -1732- 3/22/2016 17.A. Title: Division Director-Planning and Zoning,Zoning Date: 3/2/2016 2:11:04 PM Name: PuigJudy Title: Operations Analyst,Operations&Regulatory Management Date: 3/3/2016 4:46:12 PM Name: PuigJudy Title: Operations Analyst,Operations&Regulatory Management Date: 3/3/2016 4:50:38 PM Name: BellowsRay Title: Manager-Planning,Zoning Date: 3/3/2016 4:56:35 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 3/4/2016 1:42:24 PM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 3/8/2016 3:28:06 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/8/2016 3:42:04 PM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget Date: 3/9/2016 9:05:50 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 3/13/2016 5:57:06 PM Packet Page-1733- 3/22/2016 17.A. AGENDA ITEM 9-B Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION-ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MARCH 3,2016 SUBJECT: PUDA-PL20140001311, CREEKSIDE COMMERCE PARK CPUD (COMMERCIAL PLANNED UNIT DEVELOPMENT) APPLICANT/PROPERTY OWNER: Creekside West, Inc. and Creekside East,Inc. 2600 Golden Gate Parkway Naples,FL 34105 AGENTS: D. Wayne Arnold Richard D. Yovanovich, Esquire Q. Grady Minor and Associates, P.A. Coleman,Yovanovich&Koester,P.A. 3800 Via Del Rey 4001 Tamiami Trail North, Suite 300 Bonita Springs,FL 34134 Naples,FL 34103 NOTE: Some of the parcels within the subject PUD have been sold to others. Other owners that are not participating in the subject rezone request are: Rani Investments LLC; White Oak Real Estate Investments of Southwest Florida, Inc.; Arthrex, Inc.; Trail Boulevard LLP; United States Postal Service; Creekside Commerce Park Property Owners Association, Inc. Please see attached letters of no objection. A letter of no objection has not been received from the United States Postal Service. REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission(CCPC)consider amending Ordinance Number 2006-50, the Creekside Commerce Park Commercial Planned Unit Development (CPUD), as amended, by reducing the allowable square footage in the Industrial Commercial District by 70,000 square feet for a total of 550,000 square feet of gross floor area of industrial/commerce uses; by amending the Business District to add permitted uses from the Industrial and the General Commercial C-4 zoning districts; by amending the Business District to CREEKSIDE COMMERCE PARK CPUD,PUDR-PL20140001311 February 16,2016 Packet Page -1734- 3/22/201617.A. , wlemanneusi -wjerrA rigni IR r����,�®�'�� LL p/.�� . NE � 11-11. 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GEOGRAPHIC LOCATION: The subject 105+ acre property is located in Section 27, Township 48 South, Range 25 East, Collier County,Florida. (Please see the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The Creekside PUD was originally approved in Ordinance Number 97-51, and it along with two subsequent ordinances have been repealed. The current Ordinance Number 13-23 was approved on March 12, 2015. (Please see Attachment: Ordinance Number 13-23.) The petitioner proposes the following changes: In the Industrial/Commercial(I/C)District: - a reduction of industrial/commerce uses by 70,000 square feet, from 620,000 square feet to 550,000 square feet of gross floor area In the Business (B) District: - an increase of office uses by 50,000 square feet, from 150,000 square feet to 200,000 square feet of gross floor area; and - an increase of retail uses by 20,000 square feet, from 40,000 square feet to 60,000 square feet of gross floor area; And: - add a sign deviation regarding the location of directory signage. The land use square footage area changes are reflected in PUD Section III "Industrial/Commerce District" and Section IV "Business District." PUD Sections III and IV also include the following clarifying FAR(Floor Area Ratio) language: "however,the overall FAR for the PUD for IC and B District areas will not exceed .35." The following land uses have been added to PUD Section 4.3 "Permitted Uses and Structures:" [Staff clarifications are shown in brackets.] - Apparel and Accessory Stores (Groups 5611-5699) - Breweries (Group 2082) - Food Market (Group 5411) only 2 allowed within the PUD [limited to two within the PUD] - Dance and Martial Arts Studios (Group 7911 and 7999, including only gymnastics and martial arts instruction) - Eating Places [has been clarified to] not including stand alone drive-thru restaurants CREEKSIDE COMMERCE PARK CPUD,PUDR-PL20140001311 February 16,2016 Packet Page -1737- 3/22/2016 17.A. ^q k - Hardware Stores (Group 5251) - Home Furniture, Furnishings and Equipment Stores(Groups 5712-5736) - Miscellaneous Food Stores(Group 5499) - Miscellaneous General Merchandise Stores(5399) - Miscellaneous Retail (Groups 5912-5949 and 5992-5999, excluding used merchandise stores, fireworks, gravestones,tombstones and monuments, ice dealers, sales barns, and swimming pools; retail) - Paint/Glass and Wallpaper(Group 5231) - Personal Services (Groups 7215, excluding self-service or coin laundries, 7221-7251, 7291 and 7299, including only clothing rental, costume rental, tanning salons and hair services) - Retail Bakeries(Group 5461) - Security and Commodity Brokers (Groups 6211-6289) The Development Standards in PUD Section 4.4.C.7.a. and PUD Section 4.4.D.a. for a hotel located on properties east of Goodlette-Frank Road on the B designated tract along Immokalee Road have been revised as follows: - the setback has decreased from 500 feet to 350 feet, and - the zoned height has increased from 50 feet to 75 feet and the actual height has increased from 60 feet to 85 feet. A new deviation has been added to PUD Section 4.5 to allow a different directory sign location than what is permissible by code. For further information, please see the Deviation Discussion section of this Staff Report. Other PUD Sections have been revised to remove language that is redundant with the Collier County Land Development Code (LDC), to clarify federal and state permit responsibility. The Master Plan has been revised to show the location of the signage deviation. SURROUNDING LAND USE AND ZONING: North: Immokalee Road then (Collier's Reserve), 506± acres of mixed-use: 61.4± acres commercial, 385 residential units, .87 units per acre, zoned Collier Tract 22 PUD; and a 61± acre professional health center (North Collier Hospital) zoned Collier Health Center PUD East: Collier County Utilities Division Water Plant, zoned Industrial; a 17.74± acre commercial and medical park,zoned Southwest Professional Health Park PUD CREEKSIDE COMMERCE PARK CPUD,PUDR-PL20140001311 February 16,2016 Packet Page -1738- 3/22/2016 17.A. ICI South: Collier County Utilities Division Water Plant, zoned Industrial; and 2,104±acres of mixed- use: 80± acres commercial/industrial, 8,600 residential units, 4.26 units per acre, zoned Pelican Marsh DRI(Development of Regional Impact) I West: 35.24± acre business park,zoned The Naples Daily News BPUD(Business Park Planned Unit Development) 4 � a3 C " .. .s A „ 4, ,i F = ,x SUBJECT d y .°' PROPERTY 1-,AAp'F 1 ; tC &lam ' 1,/1 .. 4 '. �3 is 4 )-( ,- ;� " :<. J 1'1 + r r3 r t'''''''.470;xi 1-Cl '- Ifiltn, , , ag:* , 1 1 ' i a 111 ',1 c it *' AERIAL PHOTO GROWTH MANAGEMENT PLAN(GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed PUD amendment and has found it not consistent with the FLUE (Future Land Use Element) as the overall impacts upon public facilities are exceeded in the new zoning district. For further information, please refer to the attached FLUE Consistency Review dated November 20, 2015. CREEKSIDE COMMERCE PARK CPUD,PUDR-PL20140001311 February 16,2016 Page 6of16 Packet Page -1739- 3/22/2016 17.A. Transportation Element: In evaluating this project, staff reviewed the applicant's Traffic Impact Statement (TIS) for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan(GMP)using the 2014 and 2015 Annual Update and Inventory Reports(AUIR). Policy 5.1 of the Transportation Element of the GMP states: "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element(FLUE)affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links(roadway se g ments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3%of the adopted LOS standard service volume, Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways." The proposed PUD amendment on the subject property was reviewed based on the then applicable 2014 AUIR Inventory Report. The T1S submitted with the application indicates that the proposed development will generate approximately 1,878 PM peak hour trips, with 124 PM peak hour net new trips on the adjacent roadway links, as follows: Immokalee Rd (CR 846), a six-lane divided facility, with a current service volume of 3,100 trips and a remaining capacity of approximately 1,090 trips west of Goodlette and 568 remaining trips east of Goodlette, and currently operating at LOS "C" (Level of Service "C") west of Goodlette and LOS "D" east of Goodlette in the 2014 AUIR; Goodlette Frank Road, a two-lane undivided facility, with a current service volume of 1,000 trips and a remaining capacity of approximately 225 trips, and currently operating at LOS "D" in the 2014 AUIR; Airport Pulling Road, a four-lane divided facility, with a current service volume of 2,200 trips and a remaining capacity of approximately 847 trips, and currently operating at LOS "C" in the 2014 AUIR; and,North Tamiami Trail (US 41), a six-lane divided facility, with a current service volume of 3,100 trips and a remaining capacity of approximately 474 trips north of Immokalee, and 727 trips south of Immokalee, and currently operating at LOS "D" in both directions in the 2014 AUIR. Based on the 2014 AUIR, the adjacent roadway network has sufficient capacity to accommodate the proposed new trips for the amended project within the 5- year planning period. Staff also reviewed the project using the 2015 AUIR Inventory Report and determined that there is adequate capacity on the road network to accommodate the project within the 5-year period. Therefore, the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. CREEKSIDE COMMERCE PARK CPUD,PUDR-PL20140001311 February 16,2016 Paoe 7 of 1f Packet Page -1740- 3/22/2016 17.A. I Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation and Coastal Management Element (CCME). Preserve requirements for the Creekside Commerce Park PUD were previously determined to include 4.1 acres of uplands and 2.9 acres of wetlands for a total of 7.0 acres of preserve required by Collier County. Preserves within the PUD have all been previously platted for a total of approximately 7.34 acres of preserve retained within the PUD. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Collier County 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 basis 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. Preserves within the PUD have all been previously platted and will be unaffected by this amendment. The project does not require review by the Environmental Advisory Council (EAC) since this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan and is recommending approval. Utility Review: The Public Utilities Department staff has reviewed this petition and the PUD is located within the CCWSD (Collier County Water and Sewer District). Adequate capacity is currently available for water and wastewater services. Therefore, staff is recommending approval. Zoning and Land Development Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, as it relates to the requirement or limitations set forth in the FLUE of the GMP. While there is an increase of a total of 70,000 square feet of office and retail land uses in the Business District, there is a decrease of 70,000 square feet of industrial/commerce land uses in the Industrial/Commercial District. Land uses which are allowed in various zoning districts from C-1 (Commercial Professional and General Office District) thru C-5 (Heavy Commercial District) to (I) Industrial District are also being added to the Business District. (Please refer to the complete list on page 5 of this Staff CREEKSIDE COMMERCE PARK CPUD,PUDR-PL20140001311 February 16,2016 Dena R of I Packet Page -1741- 3/22/2016 17.A. Report.) Clarifying FAR language establishing an overall FAR of.35 for the Business District and Industrial Commercial District has also been added. Zoning staff finds the proposed additional land uses and land use mix to be compatible with the existing neighborhood commercial, industrial, and institutional land uses. The proposed hotel building height increase to a zoned height of 75 feet and an actual height of 85 feet is compatible with the Collier Health Center PUD building height of 80 feet across the street on Immokalee Road. The proposed hotel building setback of 350 feet along Immokalee Road is generous compared to the Collier Health Center building setback of 30 feet across Immokalee Road and the 50-foot building setback to the east in the Southwest Professional Health Park PUD along Immokalee Road. The Development Deviations in PUD Section 4.5 have been revised to allow a different directory sign location than what is permissible by code. For further information, please see the Deviation Discussion section of this 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 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. (Staff's responses to these criteria are provided in non-bold font): I. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Division has indicated that the proposed PUD amendment is not consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan(GMP). 2. The existing land use pattern. 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, commercial, industrial, and institutional lands. The commercial 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. CREEKSIDE COMMERCE PARK CPUD,PUDR-PL20140001311 February 16,2016 Onnc nF I Packet Page -1742- 3/22/2016 17.A. 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. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to change the areas of the Industrial Commercial District and Business District, add additional land uses and add a sign deviation to the Creekside Commerce Park CPUD. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed commercial land uses, decreased setbacks from Immokalee Road and Goodlette- Frank Road and increased building height, while creating a more intense development, are compatible with the building heights and setbacks of the hospital to the north of the subject site and with the medical offices and ALF (Adult Living Facility) to the east of the subject site. Therefore, staff is of the opinion that the proposed change 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 or projected types of vehicular traffic, including activity during construction phases of the development,or otherwise affect public safety. The roadway infrastructure has sufficient capacity to serve the proposed project at this time. The project is subject to the Transportation Commitments contained in the CPUD ordinance, which includes provisions to address public safety. 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. 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. The reduced setback from 500 feet to 350 feet and increased zoned building height from 50 feet to 75 feet for a hotel on Tract B on the east side of Goodlette-Frank Road, should not seriously reduce light and air to adjacent areas. CREEKSIDE COMMERCE PARK CPUD,PURR-PL20140001311 February 16,2016 Pon°1n of IF. Packet Page-1743- 3/22/2016 17.A. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD rezone will not adversely impact property values. Staff is uncertain whether the reduction of square footage in the I/C District will negatively affect the US Postal Service parcel. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. :t Properties around this property are already mostly 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. If the staff stipulation of approval is followed, then the proposed development will comply with the Growth Management Plan(GMP). The GMP constitutes a 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. 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. 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. CREEKSEDE COMMERCE PARK CPUD,PUDR-PL20140001311 February 16,2016 Drano 1 1 of 1 Packet Page -1744- 3/22/2016 17.A. 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 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 proposed transportation impacts are increased and are not consistent with the FLUE of the GMP. 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 10.02.13.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 Creekside Commerce Park is an established business park which has been developed with a variety of light industrial, commercial, and office uses. The proposed commercial and industrial uses are compatible with the existing development within the Creekside Commerce Park. The project would also be required to comply with County regulations regarding drainage, sewer, water,and other utilities. Therefore,the site is suitable for the proposed development. 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. CREEKSIDE COMMERCE PARK CPUD,PUDR-PL20140001311 February 16,2016 Pnnc 1)of I L; Packet Page -1745- 3/22/2016 17.A. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property, except for the US Postal Service parcel. Additionally, the development will be required to gain platting and/or site development plan approval. These 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. 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 staff analyses, staff is of the opinion that this petition may not be found consistent with the Growth Management Plan, 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 currently approved development, landscaping, and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself when the PUD was approved. Staff believes that this amendment will not change the project's compatibility,both internally and externally, with the proposed commercial and industrial land uses along with the proposed increased building height and decreased building setback on Tract B east of Goodlette- Frank Road. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing 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 roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order(SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally,the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 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. CREEKSIDE COMMERCE PARK CPUD,PUDR-PL20140001311 February 16,2016 b....e 47 Packet Page -1746- 3/22/2016 17.A. 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 seeking one new deviation to allow for a relocation of a project entry sign in an alternative location undesignated by the LDC. The requested deviation must comply with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06A). 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 sign deviation proposed can be supported, 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 regulation." Please refer to the Deviation Discussion portion of the staff report below for a more extensive examination of the deviations. Deviation Discussion: The petitioner is seeking one new deviation from the requirements of the LDC. The deviation is found in PUD Section 4.5 "Development Deviations," new deviation number 2. New Deviation#2 seeks relief from LDC Section 5.06.04.F.3 "Directory Signs," which authorizes one (1) directory sign to be located at the project entrance, to permit installation of the directory sign on Immokalee Road east of Goodlette-Frank Road, not at the project entry, but rather at a location between the project entry and Goodlette-Frank Road. Petitioner's Rationale: This sign location would provide for better visibility and safer traffic movements to motorists traveling along Immokalee Road. Staff Analysis and Recommendation: Planning & Zoning 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 March 4,2015 and held a second NIM on June 22,2015. For further information, please see Attachment: Transcripts of the Neighborhood Information Meetings. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the Staff Report for this petition on February 12,2016. CREEKSIDE COMMERCE PARK CPUD,PUDR-PL20140001311 February 16,2016 Done 1A.,F 1 R Packet Page -1747- 3/22/2016 17.A. RECOMMENDATION: Planning and Zoning Review staff recommends that the Collier County Planning Commission forward Petition PUDR-PL20140001311, Creekside Commerce Park PUD to the Board of County Commissioners with a recommendation of denial since it is inconsistent with Policy 5.1 of the Future Land Use Element. However, staff could recommend approval subject to the following stipulation: 1. The proposed amendment shall be modified so that there is no increase to the currently approved number of vehicular trips. Attachments: Attachment A: Proposed PUD Ordinance Attachment B: Ordinance Number 13-23 Attachment C: Future Land Use Element Consistency Review Attachment D: Transcripts of the Neighborhood Information Meetings(March 4,2015 and June 22, 2015) Attachment E: Letters of No Objection CREEKSIDE COMMERCE PARK CPUD,PUDR-PL20140001311 February 16,2016 Donn lF of 1R Packet Page -1748- 3/22/2016 17.A. PREPARED BY: 1 id AU/a—. %COS XI& NANCY G tit L 6 i ,AICP,PLA DATE/ PRINCIP• i. 'LANNER ZONING DIVISION-ZONING SERVICES SECTION REVIEWED BY: / I.' / RAYMO 4 V.BELL i WS,ZONING MANAGER DATE ZONING DIVISION-ZONING SERVICES SECTION 27,4 2- to -IG MIKE BOSI, AICP,DIRECTOR DATE ZONING DIVISION-ZONING SERVICES SECTION APPROVED BY: 41111111P a Alire -11-1 L. A I- !:. RE .4-r, 1EPUTY DEPARTMENT HEAD DA IE To I WTH MANAGEMENT DEPARTMENT A, z ./ -...-,i, et , .\ 4/1 ."....... :A,V- DAVID S. ■ KISON,P.E. DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT t..) CREEKSIDE COMMERCE PARK CPUD,PUDR-PL20140001311 February 9,2016 Packet Page -1749- I 3/22/2016 17.A. �.` ORDINANCE NO. 16- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2006-50, THE CREEKSIDE COMMERCE PARK COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), AS AMENDED, BY REDUCING THE ALLOWABLE SQUARE FOOTAGE IN THE INDUSTRIAL COMMERCIAL DISTRICT BY 70,000 SQUARE FEET FOR A TOTAL OF 550,000 SQUARE FEET OF GROSS FLOOR AREA OF INDUSTRIAL/COMMERCE USES; BY AMENDING THE BUSINESS DISTRICT TO ADD PERMITTED USES FROM THE INDUSTRIAL AND THE GENERAL COMMERCIAL C-4 ZONING DISTRICTS; BY AMENDING THE BUSINESS DISTRICT TO INCREASE THE ALLOWABLE SQUARE FOOTAGE OF FLOOR AREA FROM 150,000 SQUARE FEET TO 200,000 SQUARE FEET OF OFFICE USES AND FROM 40,000 TO 60,000 SQUARE FEET OF RETAIL USES; BY AMENDING THE BUSINESS DISTRICT TO ALLOW GROUP HOUSING EAST OF GOODLETTE FRANK ROAD AT THE SOUTHEAST QUADRANT OF GOODLETTE FRANK ROAD TO INCREASE THE ZONED HEIGHT TO 75 FEET AND ACTUAL HEIGHT TO 85 FEET; BY AMENDING THE BUSINESS DISTRICT TO ALLOW A HOTEL AT THE SOUTHEAST CORNER OF GOODLETTE FRANK ROAD AND IMMOKALEE ROAD TO REDUCE THE BUILDING SETBACK FROM IMMOKALEE ROAD TO 350 FEET; AND BY ADDING A SIGN DEVIATION REGARDING THE LOCATION OF DIRECTORY SIGNAGE; AND REVISING THE MASTER PLAN TO DEPICT THE SIGN DEVIATION FOR THE CPUD PROPERTY LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 106 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 24, 2006, the Board of County Commissioners approved Ordinance Number 2006-50, the Creekside Commerce Park Commercial Planned Unit Development (the"PUD"); and WHEREAS, on March 12, 2013, the Board of County Commissioners approved Ordinance Number 2013-23,which amended the PUD; and WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., and D. Wayne Arnold of Q. Grady Minor & Associates representing Creekside West, Inc. and Creekside East, Inc.,petitioned the Board of County Commissioners to amend the CPUD. [14-CPS-01397/1238915/1]168 Creekside Commerce Park CPUD 1 of 2 PL20140001311 —3/8/16 Packet Page-1750- 3/22/2016 17.A. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: Amendment to the CPUD Document of Ordinance No. 2006-50,as amended The CPUD Document attached as Exhibit"A" to Ordinance No. 2006-50, as amended, is hereby amended to read as follows: See Exhibit"A", attached hereto and incorporated herein by reference. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County,Florida, this day of ,2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk DONNA FIALA, Chairwoman Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—CPUD Document [14-CPS-01397/123 8915/1]168 Creekside Commerce Park CPUD 2 of 2 PL20140001311 —3/8/16 Packet Page -1751- 3/22/2016 17.A. CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT PREPARED FOR BARRON COLLIER PARTNERSHIP Packet Page-1752- 3/22/2016 17.A. CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT 106±Acres Located in Section 27 Township 48 South,Range 25 East Collier County,Florida PREPARED FOR: BARRON COLLIER PARTNERSHIP 2640 Golden Gate Parkway,Naples,FL 34105 PREPARED BY: WILSON,MILLER,BARTON&PEEK,INC. 3200 Bailey Lane,Suite 200,Naples,Florida 34105 YOUNG,VAN ASSENDERP&VARNADOE,P.A. 801 Laurel Oak Drive,Suite 300,Naples,Florida 34101 AMENDED DECEMBER 2005 BY: Q.GRADY MINOR AND ASSOCIATES,P.A. 3800 Via Del Rey,Bonita Spring,Florida 34134 ROETZEL AND ANDRESS,L.P.A. 850 Park Shore Drive,314 Floor,Naples,Florida 34103 AMENDED MAY 2012 BY: Q.GRADY MINOR AND ASSOCIATES,P.A. 3800 Via Del Rey,Bonita Spring,Florida 34134 COLEMAN,YOVANOVICH AND KOESTER,P.A. Northern Trust Bank Building 4001 Tamiami Trail North,Suite 300LNaples,FL 34103 AMENDED AUGUST 2015 BY: Q. GRADY MINOR AND ASSOCIATES,P.A. 3800 Via Del Rey,Bonita Spring,Florida 34134 COLEMAN,YOVANOVICH AND KOESTER,P.A. Northern Trust Bank Building 4001 Tamiami Trail North,Suite 300,Naples,FL 34103 Words are deleted; words underlined are added. 2014 CPUD Amendment March 8, 2016 Packet Page-1753- 3/22/2016 17.A. TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP,& 1-1 GENERAL DESCRIPTION SECTION II COMMERCE PARK DEVELOPMENT 2-1 2.1 Purpose 2.2 General Description Of The Park and Proposed Land Uses 2.3 Compliance With County Ordinances 2.4 Community Development District 2.5 Land Uses 2.6 Lake Siting 2.7 Fill Storage 2.8 Use Of Right-Of-Way 2.9 Sales Office and Construction Office 2.10 Changes and Amendments To PUD Document Or PUD Master Plan 2.11 Preliminary Subdivision Plat Phasing 2.12 Open Space and Native Vegetation Retention Requirements 2.13 Surface Water Management 2.14 Environmental 2.15 Utilities 2.16 Transportation 2.17 Common Area Maintenance 2.18 Design Guidelines and Standards 2.19 Landscape Buffers,Berms,Fences and Walls 2.20 Signage 2.21 General Permitted Uses SECTION III INDUSTRIAL/COMMERCE DISTRICT 3-1 SECTION IV BUSINESS DISTRICT 4-1 SECTION V PRESERVE AREA 5-1 EXHIBIT A AERIAL PHOTOGRAPH,LOCATION MAP (WMB&P File No. RZ-255A) EXHIBIT B CREEKSIDE COMMERCE PARK MASTER PLAN (WMB&P File No. RZ 255B) EXHIBIT B-1 CROSS SECTIONS(ENLARGED) Words strrelc-thpaugh are deleted;words underlined are added. 2014 CPUD Amendment i March 8, 2016 Packet Page-1754- 3/22/2016 17.A. STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the Barron Collier Partnership, hereinafter referred to as Barron Collier or the Developer, to create a Planned Unit Development (PUD) on 106± acres of land located in Section 27, Township 48 South,Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Creekside Commerce Park. The development of Creekside Commerce Park will be in substantial compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Mixed Use District as identified on the Future Land Use Map which allows certain industrial and commercial uses. The Urban designation also allows support medical facilities, offices, clinics, treatment, research and rehabilitative centers and pharmacies provided they are located within 1/4 mile of the property boundary of an existing or approved hospital or medical center. 2. The existing Industrial zoning is considered consistent with the Future Land Use Element (FLUE)as provided for by Policy 5.9 and 5.11 of the FLUE. 3. The FLUE Urban-Industrial District allows for expansion of the industrial land use provided the rezone is in the form of a PUD, the site is adjacent to existing land designated or zoned industrial the land use is compatible with adjacent land uses and the necessary infrastructure is provided or in place. Creekside Commerce Park has expanded the industrial land use accordingly. 4. The FLUE Urban-Industrial District requires the uses along the boundaries of the project to be transitional. Creekside Commerce Park has included transitional uses accordingly. 5. Creekside Commerce Park is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 6. Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 7. The development of Creekside Commerce Park will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the FLUE. 8. Creekside Commerce Park is a master planned, deed-restricted commerce park and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code(LDC),Planned Unit Development District. 9. This master planned park will incorporate elements from the existing Industrial, Business Park and Industrial PUD sections of the LDC. Words Lek-through are deleted; words underlined are added. 2014 CPUD Amendment ii March 8, 2016 Packet Page -1755- 3/22/2016 17.A. SHORT TITLE This ordinance shall be known and cited as the "CREEKSIDE COMMERCE PARK PLANNED UNIT DEVELOPMENT ORDINANCE". Words k through are deleted;words underlined are added. 2014 CPUD Amendment iii March 8, 2016 Packet Page-1756- 3/22/2016 17.A. SECTION I LEGAL DESCRIPTION,PROPERTY OWNERSHIP,AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Creekside Commerce Park, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION All that part of Section 27,Township 48 South, Range 25 East, Collier County,Florida being more particularly described as follows; COMMENCING at the northwest corner of said Section 27; thence along the north line of said Section 27 South 89°45'21"East 1869.61 feet; thence leaving said line South 00°14'39"West 125.00 feet to a point on the south right of way line of Immokalee Road(S.R. 846)and the POINT OF BEGINNING of the parcel herein described; thence along said right of way line in the following Six(6)described courses; 1) South 89°45'21"East 485.99 feet; 2) South 00°14'39" West 10.00 feet; 3) South 89°45'21"East 150.19 feet; 4) South 89°48'33"East 716.81 feet; 5)North 05°34'33" West 10.05 feet; 6) South 89°48'33" East 486.21 feet to a point on the west right of way line of Goodlette Road as recorded in Plat Book 3,page 58, Public Records of Collier County, Florida; thence along said line South 05°33'48"East 1767.02 feet; thence leaving said line South 89°20'53" West 51.18 feet; thence North 23°55'53" West 13.07 feet; thence northwesterly, 30.71 feet along the arc of a circular curve concave to the northeast,having a radius of 80.00 feet,through a central angle of 21°59'52"and being subtended by a chord which bears North 12°55'57"West 30.53 feet; thence North 05°00'53" West 31.56 feet; thence North 36°19'20" West 32.02 feet; thence North 56°04'35" West 35.11 feet; thence North 80°39'15" West 32.53 feet; thence North 88°39'12" West 97.78 feet; thence North 86°04'40" West 45.79 feet; thence North 89°49'48" West 132.77 feet; thence North 69°40'10" West 37.23 feet; thence South 89°20'53" West 142.47 feet; thence South 84°59'26" West 24.66 feet; thence South 74°56'50" West 121.32 feet; thence South 79°49'59" West 45.93 feet; thence westerly and northwesterly,45.51 feet along the arc of a circular curve concave to the northeast,having a radius of 66.00 feet,through a central angle of 39°30'16" and Words telk-through are deleted; words underlined are added. 2014 CPUD Amendment 1-1 March 8, 2016 Packet Page -1757- _ _ I 3/22/2016 17.A. being subtended by a chord which bears North 80°24'53" West 44.61 feet to a point of compound curvature; thence northwesterly, 52.92 feet along the arc of a circular curve concave to the southwest,having a radius of 150.00 feet,through a central angle of 20°12'57"and being subtended by a chord which bears North 70°46'13" West 52.65 feet; thence North 80°52'42" West 36.59 feet; thence westerly and southwesterly,46.18 feet along the arc of a circular curve concave to the southeast, having a radius of 80.00 feet,through a central angle of 33°04'14"and being subtended by a chord which bears South 82°35'11" West 45.54 feet to a point of compound curvature; thence southwesterly and westerly, 38.16 feet along the arc of a circular curve concave to the northwest, having a radius of 60.00 feet,through a central angle of 36°26'19"and being subtended by a chord which bears South 84°16'14" West 37.52 feet to a point of compound curvature; thence westerly and northwesterly, 68.85 feet along the arc of a circular curve concave to the southwest, having a radius of 305.00 feet,through a central angle of 12°55'59"and being subtended by a chord which bears North 83°58'36" West 68.70 feet; thence South 89°33'25" West 18.36 feet; thence South 89°39'19" West 71.63 feet; thence North 89°34'56" West 36.03 feet; thence South 86°06'41" West 42.94 feet; thence South 83°44'16" West 26.23 feet; thence South 51°01'13" West 27.49 feet; thence South 33°25'50" West 19.95 feet; thence South 15°40'05" West 20.54 feet; thence South 10°54'39" West 34.64 feet; thence South 89°20'14" West 101.06 feet; thence North 10°46'06"East 101.42 feet; thence North 89°20'53"East 65.45 feet; thence North 00°39'07" West 100.64 feet; thence South 89°20'53" West 503.78 feet; thence North 00°39'07" West 27.71 feet; thence North 72°58'55" West 131.30 feet; thence North 02°08'56" West 1473.29 feet to a point on the south right of way line of said Immokalee Road(S.R. 846) and the POINT OF BEGINNING of the parcel herein described; Containing 69.48 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°49'40" East. All that part of Section 27,Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; Commencing at the northeast corner of said Section 27; Words$Huelk-threugh are deleted; words underlined are added. 2014 CPUD Amendment 1-2 March 8, 2016 Packet Page -1758- 3/22/2016 17.A. thence along the east line of said Section 27, South 01°09'43"East 125.00 feet to a point on the south right of way line of Immokalee Road (S.R. 846)and the POINT OF BEGINNING of the parcel herein described; thence continue along said east line South 01°09'43"East 1189.62 feet; thence leaving said line South 89°48'50" West 677.35 feet; thence South 05°35'39"East 886.02 feet; thence South 89°48'50" West 400.00 feet to a point on the easterly right of way line of Goodlette Frank Road as Recorded in Plat Book 13,page 58,Public records of Collier County, Florida; thence along said line North 05°35'39" West 2088.10 feet to a point of the south right of way line of said Immokalee Road(S.R. 846); thence along said line South 89°49'40"East 1168.55 feet; thence continue along said line South 89°12'58"East 1.85 feet to the POINT OF BEGINNING of the parcel herein described; Containing 38.9 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°46'26"East. LESS A PORTION OF TRACTS "R" AND "L1" CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWESTERLYMOST CORNER OF TRACT"R"(CREEKSIDE WAY) CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89°45'00" EAST,ALONG THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH 00°25'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60°02'56" EAST FOR A DISTANCE OF 117.20 FEET;THENCE RUN SOUTH 82°32'14" EAST FOR A DISTANCE OF 119.17 FEET TO A POINT ON THE EAST LINE OF TRACT"LI" OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE, ALSO BEING THE WES LINE OF LOT 3 OF SAID CREEKSIDE COMMERCE PARK WEST-UNIT ONE; THENCE RUN SOUTH 00°07'39" EAST, ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 89°58'01" WEST, ALONG SAID NORTH RIGHT-OF-WAY FOR A DISTANCE OF 456.64 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN NORTH 02°19'57" WEST, ALONG SAID WEST RIGHT-OF-WAY FOR A DISTANCE OF 294.20 FEET TO THE POINT OF BEGINNING; CONTAINING 2.32 ACRES,MORE OR LESS. Words struelk-through are deleted; words underlined are added. 2014 CPUD Amendment 1-3 March 8, 2016 Packet Page -1759- 3/22/2016 17.A. 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of Barron Collier Partnership, or its assigns, whose address is 2640 Golden Gate Parkway, Naples, FL 34105. 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 25 East, and is generally bordered on the west by Agriculturally zoned and developed property; on the north, across Immokalee Road by office and medical (North Collier Hospital) PUD zoned and developed property; on the east by Medical Office Park currently under development,County Park and County Wastewater Treatment Facility; and on the south by PUD and County Wastewater Treatment Facility. The location of the site is shown on Exhibit A Aerial Photograph,Location Map. B. The zoning classification of the subject property at the time of PUD application is I (Industrial)and A(Agricultural). C. Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm Map Panels No. 1200670193D, dated June 3, 1986, the Creekside Commerce Park property is located within Zones "AE-11" of the FEMA flood insurance rate. Topographic mapping is shown on Exhibit G. D. The soil types on the site generally include Riviera limestone substratum, Copeland fine sand, Pineda fine sand, Immokalee fine sand, Myakka fine sand, Basinger fine sand, Riveria fine sand, Ft. Drum and Malabar fine sand, and Satellite fine sand. Soil Conservation Service mapping of soil types is shown on Exhibit D. E. Prior to development, vegetation on the site primarily consists of active croplands and small amounts of pine flatwoods. An isolated wetland system is located along the south side of Immokalee Road west of Goodlette-Frank Road. This wetland consists primarily of Brazilian pepper that surrounds a small willow area. The wetland on the east side of Goodlette-Frank Road consists primarily of cabbage palms. A portion of the historic water course within this wetland has been channelized. Brazilian pepper has infested the northern part of this wetland. A detailed vegetation mapping is shown on Exhibit C. F. The project site is located within the Pine Ridge Canal and West Branch Cocohatchee River sub-basins,as depicted within the Collier County Drainage Atlas (July, 1995). The Conceptual Stormwater Management Master Plan is shown on Exhibit H. Words through are deleted; words underlined are added. 2014 CPUD Amendment 1-4 March 8, 2016 Packet Page-1760- 3/22/2016 17.A. r-� 1.5 DEVELOPMENT OF REGIONAL IMPACT Creekside Commerce Park does not meet the minimum thresholds for a Development of Regional Impact(DRI),pursuant to Chapter 380.06,Florida Statutes, 1997, in that it is at or below 80%of all numerical thresholds in the guidelines and standards set forth therein. Words struck through are deleted;words underlined are added. 2014 CPUD Amendment 1-5 March 8,2016 Packet Page -1761- 3/22/2016 17.A. SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Creekside Commerce Park (park), and to identify relationships to applicable County ordinances,policies, and procedures. 2.2 GENERAL DESCRIPTION OF THE PARK AND PROPOSED LAND USES A. Creekside Commerce Park will consist of predominately industrial, warehouse, wholesale, financial institutions, business and office uses, with limited amounts of retail uses. Creekside Commerce Park shall establish project-wide guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. B. The Master Plan is illustrated graphically on Exhibit B(WMB&P, Inc.File No. RZ- 225B). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2. of the Collier County Land Development Code(LDC). 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Creekside Commerce Park shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are in effect at the time of issuance of any development order. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply to which said regulations relate. B. Unless otherwise defined herein,or as necessarily implied by context,the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance,Division 3.15 of the LDC. D. All conditions imposed herein or as represented on the Creekside Commerce Park Master Plan are part of the regulations which govern the manner in which the land may be developed. Words plc-threugh are deleted; words underlined are added. 2014 CPUDAmendment 2-1 March 8,2016 Packet Page -1762- 3/22/2016 17.A. E. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Creekside Commerce Park,except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4. F. The Developer shall submit to the County an annual PUD monitoring report in accordance with LDC Section 2.7.3.6. 2.4 COMMUNITY DEVELOPMENT DISTRICT A. The Developer may elect to establish a Community Development District (CDD) pursuant to Chapter 190, Florida Statutes, 1997, to provide and maintain infrastructure and community facilities needed to serve the park. A CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Creekside Commerce Park. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.5 LAND USES A. The location of land uses are shown on the PUD Master Plan, Exhibit B. Changes and variations in building tracts, location and acreage of these uses shall be permitted at preliminary subdivision plat approval, preliminary site development plan approval and final site development plan approval to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of site development plan approval. B. Roads and other infrastructure may be either public, private or a combination of public and private, depending on location, design and purpose. The request for a road to be public shall be made by the Developer at the time of final subdivision plat approval. The Developer or its assignees shall be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of the County Code regulating subdivisions, unless otherwise approved during subdivision approval. The Developer reserves the right Words elf-through are deleted; words underlined are added. 2014 CPUD Amendment 2-2 March 8, 2016 Packet Page -1763- 3/22/2016 17.A. to request substitutions to Code design standards in accordance with Section 3.2.7.2. of the LDC. 2.6 LAKE SITING A. As depicted on the PUD Master Plan, lakes have been preliminary sited. The goal of this Master Plan is to achieve and overall aesthetic character for the park, to permit optimum use of the land, and to increase the efficiency of the water management network. Fill material from lakes is planned to be utilized within the park; however, excess fill material may be utilized off-site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the applicant wishes to take more off-site, a commercial excavation permit will be required. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7. of the LDC. 1. Setbacks: Excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, subject to approval of County staff at time of final construction plan approval: a) Twenty feet (20') from right-of-way of internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and need for barriers. b) Forty feet (40') from Immokalee Road or Goodlette-Frank Road rights-of-way. Perimeter property lines will have a setback of twenty feet (20'). The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections and need for barriers. 2.7 FILL STORAGE A. Fill storage is generally permitted as a principal use throughout the Creekside Commerce Park PUD. Fill material generated from properties owned or leased by the Developer may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the Developer shall notify the Community Development and Environmental Services Administrator per Section 3.2.8.3.6.of the LDC. The following standards shall apply: 1. Stockpile maximum height: Thirty-five feet(35') 2. Fill storage areas in excess of five feet(5') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e.3 to 1). Words s lk-through are deleted; words underlined are added. 2014 CPUD Amendment 2-3 March 8, 2016 Packet Page-1764- 3/22/2016 17.A. a) Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.8 USE OF RIGHTS-OF-WAY Utilization of lands within all park rights-of-way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Community Development and Environmental Services Administrator for engineering and safety considerations during the development review process. 2.9 SALES OFFICE AND CONSTRUCTION OFFICE Sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate such as, but not limited to,pavilions,parking areas, and signs, shall be permitted principal uses throughout Creekside Commerce Park. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4., Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the temporary use permit shall be valid through the life of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6 and may use potable water or irrigation wells. 2.10 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN .-. A. Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. B. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Creekside Commerce Park Master Plan upon written request of the Developer or his assignee. C. The following limitations shall apply to such requests: 1) The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Creekside Commerce Park PUD document. 2) The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3) The minor change or refinement shall be compatible with external adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities,and conservation areas within or external to the PUD. Words sly are deleted; words underlined are added 2019 CPUD Amendment 2-4 March 8,2016 Packet Page-1765- 3/22/2016 17.A. D. The following shall be deemed minor changes or refinements: 1) Reconfiguration of lakes,ponds, canals,or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2) Internal realignment of rights-of-ways. 3) Reconfiguration of parcels per Section 5.5 of this PUD. E. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. F. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the park may be accomplished in phases to correspond with the planned development of the property. 2.12 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The PUD will fully comply with all sections of the LDC and meet the requirements of the Growth Management Plan relating to open space and retention of native vegetation. 2.13 SURFACE WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 4-E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. The lake originally approved as Lake L- 1, Creekside Unit I Plat, shall continue to be operated and maintained in accordance with the approved plat and approved South Florida Water Management District Permit. Words struck-through are deleted; words underlined are added. 2014 CPUD Amendment 2-5 March 8, 2016 Packet Page -1766- 3/22/2016 17.A. 2.14 ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permitting (ERP) Rules, and shall further be subject to review and approval by Collier County Planning Services Department Environmental Review Staff. 2.15 UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. 2.16 TRANSPORTATION A. The Developer shall provide appropriate left and/or right turn lanes on Immokalee Road and Goodlette-Frank Road at the main park entrances. Such turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for a use that utilizes the perspective/associated entrance. B. There shall be a full access intersection at the park's southern entrance on Goodlette Frank Road. When justified by traffic warrants, this intersection shall be signalized, notwithstanding its proximity to Immokalee Road. C. Future access points to Immokalee and Goodlette-Frank Roads are those shown on the Creekside Commerce Park Master Plan. D. Arterial level street lighting shall be provided by the Developer at the park's main entrance in conjunction with the development of this entrance. E. Road impact fees shall be paid in accordance with the provisions of Ordinance 92-22, as amended. F. The Developer shall provide the appropriate easements or reserve right of way so that the southerly access road west of Goodlette Frank Road may be interconnected to the properties to the west of Creekside Commerce Park. G. The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any project access when deemed warranted by Collier County. The signal shall be owned,operated and maintained by Collier County. H. The Developer agrees to complete construction of the segment of internal roadway that connects Goodlette-Frank Road to the I/C parcel (herein called "southern parcel") that is west of Goodlette Road and abuts Pelican Marsh prior to the first of the following to occur: 1) The issuance of a certificate of occupancy for the "southern parcel"; Words struck-through are deleted; words underlined are added. 2014 CPUD Amendment 2-6 March 8, 2016 Packet Page-1767- 3/22/2016 17.A. 2) The issuance of a certificate of occupancy on the second business parcel to be developed west of the Pine Ridge Drainage Easement; 3) Within 3 years of approval of this PUD; or 4) Within 9 months of obtaining "grant" money or other funds for construction of such infrastructure from an outside source. I. The I/C parcels west of the Pine Ridge Drainage Easement and immediately north of the south road shall connect for service and employee access at the time that the south road is extended to a point that they may connect. J. The Developer agrees to provide the County with an update of the Transportation Impact Statement (TIS) at the time of submittal of a Preliminary Subdivision Plat or Site Development Plan. K. The Goodlette-Frank Road southernmost access to the I/C parcel east of Goodlette-Frank Road shall be limited to a right-in/right-out access. L. The maximum trip generation allowed by the proposed uses both primary and ancillary may not exceed 1754 PM Peak Hour,two-way trips. 2.17 COMMON AREA MAINTENANCE Most common area maintenance will be provided by the CDD or by a Property Owner's Association (POA). The CDD or the POA, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Creekside Commerce Park, in accordance with any applicable permits from the South Florida Water Management District. 2.18 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. B. Creekside Commerce Park is planned as a functionally interrelated business park under unified control. The Developer will establish community-wide guidelines and standards to ensure a high level of quality for both the common areas and the individual parcel developments. C. These guidelines will serve as a control for individual parcel development, and be referred to as The Declaration of Covenants, Conditions and Restrictions for Creekside Commerce Park. The level of quality defined in this document is Words struck threugh are deleted; words underlined are added. 2014 CPUD Amendment 2-7 March 8, 2016 Packet Page-1768- i 3/22/2016 17.A. directed towards the creation of an attractive business environment, and these standards are the basis for evaluation of projects submitted for review to the Property Association's Architectural and Landscaping Committee, referred to as the ALC. The standards in this document will include criteria for site planning, architectural design, lighting, landscaping, and graphics and signage. D. The specific design guidelines will act as supplemental standards to the requirements of this Planned Unit Development Ordinance, and other County codes,but in no way supersede them. 1. Common Areas The master design of the park's entries and signage, streetscapes, and open space areas will form a harmonious framework that visually links the entire park together. This unified appearance will enhance the image of the entire community. Internal roadways will provide efficient vehicular circulation with streetscapes that create pleasant neighborhood environments. Streetscape plans will be designed to establish a hierarchy of landscape improvements appropriate in scale and character with the function of the street and adjacent land uses. Along these streetscapes a pedestrian walkway system will be established to link each project with the overall community. 2. Individual Projects A. Site Planning: Each individual parcel project will provide a visually appealing, articulated, identifiable path of entry for pedestrians and vehicles from the street to the site and from the site to the buildings themselves. The orientation of a building or structure upon a site will not only reflect the project's functional need, but will also be responsive to the individual parcel's characteristics and be sensitive to adjacent land uses and the surrounding community. B. Architectural standards: The objective of the architectural standards will be to promote the creation of an attractive, value-apparent business environment. Design elements throughout a project must be consistent with the nature of the chosen style and building materials selected. Project design should endeavor to adhere to the classical principles of design and avoid clichés, overly complex or garish motifs,while seeking to invoke a"timeless"quality. C. Lighting: The guidelines for lighting will establish a continuity of design for all lighting in the park which is consistent with the overall visual impression of the park. D. Landscaping: The purpose of landscape design guidelines within individual projects is to guide development toward harmonious and Words str-ueelk-through are deleted; words underlined are added. 2014 CPUD Amendment 2-8 March 8, 2016 Packet Page -1769- 3/22/2016 17.A. visually pleasing landscape that is cohesive with the overall master landscape plan. The Creekside landscape concept will have a naturalistic theme. Similar to the overall project's plant palette, individual sites will be dominated with plants that are native, xeric, or naturalized within Southwest Florida. Landscape designs will create a coherent theme which emphasizes plant material as a primary unifying element. 1. Landscape elements along public R.O.W.s will be complimentary to streetscape landscaping. Parcel entries will be designed to harmonize with adjacent streetscape landscaping, and clearly accentuate, the parcel entry. 2. Individual parking lots will be screened from the roadways as much as possible, without obscuring views of the building entrances. In addition, plant materials used around main entrances of buildings will visually cue visitors to=their location. E. Graphics/signage: The guidelines serve to provide continuity of design for all signage in the park which is consistent with the overall visual impression of the park. Parcel signage serves the identification needs of the individual tenants and user. 2.19 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Creekside Commerce Park. Required buffer treatments shall terminate at entrances to accommodate entrance treatments and at lakes to accommodate views into the park. The following standards shall apply: A. Landscape buffers contiguous to Immokalee Road R.O.W. will be installed at the time of subdivision improvement per construction phase and will have the following characteristics: 1) Minimum width of 20'-0", measured from the R.O.W. 2) Adjacent to Business District type uses within the Business District, trees will be native, xeric, or naturalized canopy trees, spaced at 25' on center (O.C.), planted at an initial height of 13'-14' overall (O.A.) with a 6' spread. In addition, a continuous 24" high shrub hedge shall be provided within the 20' buffer. B. Landscape buffers contiguous to Goodlette-Frank Road R.O.W. will be installed at the time of subdivision improvement per development phase and will have the following characteristics: Words l eugh are deleted; words underlined are added. 2014 CPUD Amendment 2-9 March 8, 2016 Packet Page 4770- 3/22/2016 17.A. 1) Minimum width of 20'-0", measured from the R.O.W. 2) Adjacent to Business District type uses within the Business and Industrial/Commerce (I/C) Districts, trees will be native, xeric, or naturalized canopy trees, spaced at 25' O.C., planted at an initial height of 12' O.A., with a 6' spread. At the time of individual lot improvements, hedges will be placed at parking lot edges to satisfy the requirements of LDC Section 2.4.7.4. 3) Adjacent to industrial type uses within the Industrial/Commerce District, trees will be native, xeric or naturalized canopy trees, spaced at 25' O.C.,planted at an initial height of 12' O.A, with a 6' spread. Trees will be placed on a berm, 3 feet high and supplemented with a 5 foot high hedge consisting of but not limited to the following plant material: coco plum, viburnam, ficus. The intent will be to obtain 80% opacity within one year of planting for travelers on Goodlette-Frank Road. C. Landscape buffers surrounding the perimeter of the park will be installed at the time of subdivision improvement per construction phase. The buffers are referenced on Exhibit B, and proceed in a clockwise direction from the northeast corner of the project as follows: 1) The landscape buffer along the eastern most property boundary, north of the preserve area, as depicted on Exhibit B, shall consist of an Alternative "A" type buffer. Any preservation areas within this buffer may be credited toward buffering requirements. 2) The preserve area along the balance of the eastern most property boundary will serve as the buffer between uses. 3) The Developer will provide a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center between the business use and the preserve/lake area, as depicted on Exhibit B. 4) The Developer will provide a five feet (5') wide Alternative "A" type landscape buffer with trees planted fifty feet (50') on center along the eastern property boundary contiguous to the Collier County Sewage Treatment Plant. 5) The landscape buffer along the southern most property boundary, east of Goodlette-Frank Road, shall be a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center. An opaque hedge six feet (6') high will be planted to supplement the existing oak tree buffer planted by the County at the Collier County Sewage Treatment Plant. 6) The existing landscape berm/buffer from Goodlette Frank Road to the west side of the Pine Ridge Drainage Easement will be supplemented as follows: a Words struck-through are deleted; words underlined are added. 2014 CPUD Amendment 2-10 March 8, 2016 Packet Page -1771- 3/22/2016 17.A. type "A" buffer along the proposed lake; and the remaining area westward of the lake will be supplemented to consist of 50 cabal palms, 8'-14' O.A. and 4 Ficus nitida 12'-13' O.A. and 6'-8' wide; locations to be coordinated with the adjacent property owner. 7) The Developer will provide a ninety percent (90%) opaque landscape buffer and berm between the I/C District and the Pelican Marsh PUD from the west side of the Pine Ridge Drainage Easement to the existing berm to the west, that approximates the existing Pelican Marsh berm/buffer. This buffer will be installed concurrent with any I/C construction west of the Pine Ridge Drainage Easement. The buffer shall meet ninety percent (90%) opacity within one(1)year of planting. 8) The Developer will supplement with additional trees the buffer along the remaining portion of the southern property line westward to achieve a ninety percent (90%) opaque buffer. This buffer will be installed concurrent with any I/C construction west of the Pine Ridge Drainage Easement. 9) The landscape buffer between the I/C District and the adjacent Agricultural District along the southern portion of the western property line will be an Alternative"A"type buffer. 10)The landscape buffer between the R.O.W. and the adjacent Agricultural District to the west will be an Alternative "A"type buffer and be incorporated into the R.O.W. D. Maximum fence or wall height internal to the PUD: Twelve feet(12'). E. Landscape buffers, berms, fences and walls will be constructed along the perimeter of the Creekside Commerce Park PUD boundary concurrent with subdivision and site development construction phase,except where noted in this document. F. Sidewalks, water management systems, drainage structures, and utilities may be allowed in landscape buffers pursuant to review and approval of the Development Services Administrator. G. Landscape berms located within the Creekside Commerce Park PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or encroaches into the right-of- way line when approved by the applicable owner or agency. 2.20 SIGNAGE A. GENERAL Words leugh are deleted; words underlined are added. 2014 CPUD Amendment 2-11 March 8, 2016 Packet Page -1772- 3/22/2016 17.A. 1) Pursuant to Section 2.5.5.2.3.7. of the LDC, the following conditions provide for the required comprehensive sign plan for the Creekside Commerce Park 2) Each platted parcel shall be considered a separate parcel of land. 3) Signs and decorative landscaped entrance features within a County dedicated right-of-way, shall require a right-of way permit subject to the review and approval of the County. 4) All signs shall be located so as not to cause sight line obstructions. B. PARK ENTRY SIGNS 1) Major park entry signs shall be located as depicted on Exhibit B. Each sign will not exceed 160 square feet in size on any side and signs will be no longer than 25 feet in length and 8 feet in height. 2) Minor park entry signs shall be located as depicted Exhibit B. Each minor monument sign will not exceed 100 square feet in size on any side. Minor monument signs will be no larger than 20 feet in length and 6-8 feet in height. C. INTERNAL SIGNS 1) Directional or identification signs are allowed within the business park. Such signs may be used to identify the location or direction of approved uses such as sales centers, information centers, etc. Individual signs may be a maximum of 4 square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 25 square feet per side, and a maximum height of 8 feet. No building permit is required unless such signs are combined to form a menu board. 2) Grand Opening signs: The Developer or parcel owner may display an on-site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. Banner signs shall be anchored and may be displayed on- site for a period not exceeding 14 days within the first three months that the Developer/occupant is open for business. D. USER SIGNS 1) Wall, mansard, canopy or awning signs: One wall, mansard, canopy or awning sign may be permitted for each single-occupancy facility, or for each establishment in a multiple-occupancy facility. Corner units within multiple- occupancy facilities, or multi-frontage single-occupancy facilities shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined area on one wall. However, the combined area of those Words smuelc-through are deleted; words underlined are added. 2014 CPUD Amendment 2-12 March 8, 2016 Packet Page -1773- 3/22/2016 17.A. signs shall not exceed the maximum allowable display area for signs by this ordinance. a. The maximum allowable display area for signs may not be more than 15 percent of the total square footage of the visual facade of the building to which the sign will be attached and may not, in any case, exceed 200 square feet in area for any sign. 2) Monument and Pole signs: One (1) monument or pole sign is permitted for each lot or parcel for each external and internal road frontage(s). b. Maximum allowable height: 15-feet for pole signs. 8 feet for monument signs. e7a.Internal road frontage setbacks: A minimum of fifteen feet (15') from the edge of pavement. Signs may encroach within the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. d:b.External road frontage setbacks: Pole signs shall be setback from any external right-of-way in accordance with the applicable section of the LDC. Monument signs may be permitted closer to the right-of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. e:c.Spot or floodlights may be permitted provided said light shines only on the signs or landscaping and is shielded from motorists and adjacent residents. €:d.Should the U.S. Postal Service purchase or lease land within Creekside Commerce Park, in addition to the user signs as permitted herein, they will be allowed one sign between Immokalee Road and the proposed lake adjacent to the west entry. E. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, speed limit signs, etc. may be designed to reflect a common architectural theme, in accordance with Section 3.2.8.3.19. of the LDC. 2.21 GENERAL PERMITTED USES Words st-rue1e-through are deleted;words underlined are added. 2014 CPUD Amendment 2-13 March 8, 2016 Packet Page -1774- 3/22/2016 17.A. A. Certain uses shall be considered general permitted uses throughout the Creekside Commerce Park PUD except in the Preserve Area. General permitted uses are those uses which generally serve the Developer and tenants of Creekside Commerce Park and are typically part of the common infrastructure. B. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses,gatehouses,and access control structures. 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways,parking areas and related uses. 7. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 8. Fill storage subject to the standards set forth in Section 2.7 of this PUD. Site filling and grading as set forth in Section 2.7 of this PUD. 9. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. 10. Sidewalks may occur within County required buffers if approved by the Community Development and Environmental Services Administrator. 11. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC provision in effect at the time of Site Development Plan Approval. 12. Creekside Commerce Park shall be permitted to develop with a maximum of 40 percent commercial uses. Commercial uses are defined as offices, health services, medical clinics, financial institutions, fitness centers, childcare centers, restaurants and retail sales in accordance with Section 3.3. C.2. hereof. Words Lek-threugh are deleted; words underlined are added. 2014 CPUD Amendment 2-14 March 8, 2016 Packet Page -1775- 3/22/2016 17.A. 2.22 MISCELLANEOUS A. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. B. All other applicable state or federalpermits must be obtained before commencement of the development. Words sfruelc-threugh are deleted; words underlined are added. 2014 CPUD Amendment 2-15 March 8, 2016 Packet Page -1776- 3/22/2016 17.A. SECTION III INDUSTRIAL/COMMERCE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "I/C". 3.2 GENERAL DESCRIPTION Areas designated as"I/C"on the PUD Master Plan are intended to provide a maximum of 62-0550,000 square feet of gross floor area of industrial/commerce uses on 41.6± net acres. Intermediate care (SIC Code 8052), group housing and hotel/motel uses(SIC Code 7011) are in addition to the IC gross square footage figures. The overall floor area ratio (FAR) for the IC designated areas shall not may exceed .35,;however;-ilndividual parcels may be developed at a higher FAR and the FAR for hotel/motel, group housing and intermediate care facilities (SIC Code 8052) shall not exceed .6. (Refer to Section 3.5, Deviations); however, the overall FAR for the PUD for IC and B District areas will not exceed .35. Notwithstanding the foregoing, the United States Postal Service parcel may use any available square footage in the I/C District and the Business District up to a FAR of.35 on the United States Postal Service Parcel until all available square footages are used up in the PUD. 3.3 PERMITTED USES AND STRUCTURES No building or structure,or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. The permitted principal uses and structures will generally consist of light manufacturing, wholesale, warehouse, processing and packaging, laboratories and clinics, research, design and product development, business services and corporate offices and headquarters. 1. Aircraft Parts and Auxiliary Equipment(Group 3728) 2. Apparel and Other Finished Products(Groups 2311-2399) 3. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. Words are deleted; words underlined are added. 2014 CPUD Amendment 3-1 March 8, 2016 Packet Page -1777- 3/22/2016 17.A. 4. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 5. Child Day Care Services(Group 8351) 6. Communications (Groups 4812-4899 not including major communications towers related to cellular phone service, radio broadcasting, television broadcasting,radar or telephone service) 7. Computer and Office Equipment(Groups 3571-3579) 8. Construction; Special Trade Contractors (Groups 1711-1799 except for boiler erection and installation contractors; drainage system installations, cesspool and septic tank contractors; fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors; epoxy application contractors; fireproofing buildings contractors; gasoline pump installation contractors; lead burning contractors; and mobile home site setup and tie down contractors) 9. Depository and Non-Depository Institutions(Groups 6011-6163) 10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic;morphine and derivatives;opium derivatives) 11. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools;vocational counseling) 12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612, 3613, 3624, 3625, 3631, 3641-3676, 3678, 3679, 3694, 3695, 3699, except Words struck gh are deleted;words underlined are added. 2014 CPUD Amendment 3-2 March 8, 2016 Packet Page-1778- 3/22/2016 17.A. for airport lighting transformers, autotransformers, electric (power transformers) distribution transformers, electric; electric furnace transformers; lighting transformers, street and airport; transformers, reactor; atom smashers (particle accelerators; electron beam metal cutting, forming, and welding machines; electron linear accelerators; electrostatic particle accelerators)) 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories;veterinary testing laboratories) 14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446, 3452, 3469,3492,3495,3496,production of metal is prohibited) 15. Furniture and Fixtures Manufacturing(Groups 2511-2599) 16. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229, 9311,9451,9511-9532,9611,9631-9661) 17. Hotels / Motels (Group 7011), not to exceed a maximum of 180 rooms for the entire PUD. Only 1 Hotel/Motel is permitted within the PUD and it must ,--� be located east of Goodlette-Frank Road and subject to specific development standards and setbacks in Section 3.4. 18. Industrial and Commercial Machinery (Groups 3524, 3546, 3553-3556, 3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting machines for printing trades; foundry type for printing; presses, printing - slugs printers';ammunition and explosives loading machinery;brick making machines; cement making machinery; chemical kilns; control rod drive mechanisms for use on nuclear reactors; foundry machinery and equipment; frame straighteners, automotive (garage equipment); fur sewing machines; ginning machines, cotton; metal finishing equipment for plating, except rolling mill lines;metal pickling equipment,except rolling mill lines) 19. Leather and Leather Products(Groups 3131-3199) 20. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods: Watches and Clocks Manufacturing(Groups 3812-3843, 3845-3873) 21. Membership Organizations(Groups 8611-8631) 22. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for dressing of furs: bleaching, blending, cuffing, scraping, and tanning; Words st-ruelc-through are deleted; words underlined are added. 2014 CPUD Amendment 3-3 March 8, 2016 Packet Page-1779- 3/22/2016 17.A. feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, curring,tanning, bleaching and dyeing;plumes, feather;tear gas devices and equipment;veils made of hair) 23. Motion Picture Production(Groups 7812-7819) 24. Motor Freight Transportation(Groups 4214,4215) 25. Packing and Crating(Group 4783) 26. Paper and Allied Products(Groups 2652-2657,2673-2679) 27. Personal Services(Groups 7213,7216, 7219, 7221) 28. Physical Fitness Facilities(Group 7991) 29. Plastic Materials and Synthetics(Groups 2833,2834) 30. Printing,Publishing and Allied Industries(Groups 2711-2791) 31. Professional Offices: including but not limited to, Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311- 6399);Real Estate(Groups 6512, 6514,6517,6519,6531,6541,6552,) 32. Rubber and Miscellaneous Plastic Products(Groups 3021, 3085,3086, 3088, 3089) 33. Transportation Equipment (Group 3732, except for boats, fiberglass: building and repairing; boats: motorboats, sailboats, rowboats, and canoes - building and repairing; houseboats, building and repairing; motorboats, inboard and outboard:building and repairing) 34. United States Postal Service(Group 4311) 35. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas storage, petroleum and chemical bulk stations and automobile dead storage) only one (1) self-storage use allowed to be located adjacent to the Collier County Sewage Treatment Plant. 36. Wholesale Trade-Durable Goods (Groups 5021-5031, 5043-5049, 5063- 5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood-wholesale; lumber: rough, dressed, and finished-wholesale; batteries, except automotive-wholesale; storage batteries, industrial-wholesale; unit substations-wholesale; boilers, power: industrial-wholesale; boilers, steam and hot water heating-wholesale; burners, fuel oil and distillate oil- wholesale; oil burners-wholesale) 37. Wholesale Trade-Nondurable Goods (Groups 5111-5143, 5145, 5147-5149, 5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs-wholesale; fish, tropical-wholesale; furs, dressed-wholesale; greases, animal and Words elf-through are deleted;words underlined are added. 2014 CPUD Amendment 3-4 March 8,2016 Packet Page-1780- 3/22/2016 17.A. vegetable-wholesale; ice,manufactured or natural-wholesale, leather and cut stock-wholesale; linseed oil-wholesale; oils, except cooking: animal and vegetable-wholesale; oilseed cake and meal-wholesale; rubber, crude- wholesale; sawdust-wholesale; vegetable cake and meal-wholesale; wigs- wholesale;worms-wholesale) 38. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within a 1/4 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to Assisted living facilities, independent living units, skilled nursing units and continuing care retirement communities. A maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1, 3.3.B.2, 4.3.B.1 and 4.3.B.3. These uses are limited to parcels located east of Goodlette-Frank Road. 2. Health Services, medical clinics and offices (Groups 8011-8049, 8052), a maximum of 400 aggregate beds shall be permitted for the uses listed in '1 Sections 3.3.B.1, 3.3.B.2,4.3.B.1 and 4.3.B.3. SIC Code 8052 land uses are limited to parcels located east of Goodlette-Frank Road. 3. Medical Laboratories and research and Rehabilitative Centers (Groups 8071- 8092, 8099) 4. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures: 1. Uses and structures that are accessory and incidental to uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent(40%) of the gross floor area of the permitted principal use. D. Operational Requirements for Group Housing Words struek-through are deleted; words underlined are added. 2014 CPUD Amendment 3-5 March 8, 2016 Packet Page -1781- 3/22/2016 17.A. Group housing uses described in Section 3.2.B.1 shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 3.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, adjacent to Immokalee Road or Goodlette-Frank Road: Fifty feet (50'). For parcels located east of Goodlette-Frank Road, see additional setback requirements in Section 3.4.C.7.a. 2. Front Yard,Internal: Thirty feet(30') 3. Side Yard: Ten feet(10') Five feet(5')to internal property line along Pine Ridge canal drainage easement and FP&L easement Words struck-through are deleted; words underlined are added. 2014 CPUD Amendment 3-6 March 8, 2016 Packet Page-1782- 3/22/2016 17.A. 4. Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise twenty feet(20') 5. Rear Yard:Twenty-five feet(25') 6. Minimum Building Setback from Perimeter Boundary of PUD: Fifty feet (50') 7. Minimum Building Setback from Existing Goodlette-Frank Road Right-of- Way East of Goodlette-Frank Road: a) Goodlette-Frank Road: Minimum of fifty feet (50'), except as provided as follows: i) For group housing for elderly and intermediate care use: (a) If the zoned height of any structure exceeds 50 feet, the minimum setback is 75 feet plus for any portion of a building exceeding fifty feet in zoned height an increased setback at a 1:2 ratio (i.e., for one vertical foot of height, setback is increased by two horizontal feet) for that portion of the building over 50 feet of height. ii) For hotel/motel use: (a) Minimum setback of 75 feet regardless of height plus for any portion of a building exceeding fifty feet in zoned height an increased setback at a 1:2 ratio (i.e., for one vertical foot of height, setback is increased by two horizontal feet) for that portion of the building over 50 feet of height. D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road: thirty-five feet (35'), including silos, storage tanks, elevator towers, satellite dishes, antennas, etc. For parcels east of Goodlette-Frank Road: the Hotel, group housing for the elderly, and the intermediate care facility shall have a zoned height seventy-five feet (75'), actual height eight-five feet(85'). All other uses permitted east of Goodlette- Frank Road pursuant to Section III shall have a zoned height of fifty feet (50') and an actual height of sixty feet(60'). E. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. All manufacturing operations and equipment, including accessory process equipment such as compressors and air handlers shall be contained in an enclosed structure. Words struek-through are deleted; words underlined are added. 2014 CPUD Amendment 3-7 March 8, 2016 II Packet Page 4783- 3/22/2016 17.A. F. All industrial building sides visible from roadways internal or external to the park shall have the appearance of a concrete material, such as, but not limited to, block, brick, tilt up concrete panels, stucco on lathe systems, etc. Corrugated steel sides visible from said roadways are prohibited; as well as exposed metal siding on any building west of Goodlette Frank Road. G. Business District type uses located within the I/C District along Goodlette-Frank Road will meet the Collier County Architectural Guidelines in Division 2.8. of the LDC. H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of Section 2.19.B.3 hereof, alternatively, said uses shall have the option of utilizing the landscaped buffer applicable to business uses fronting Goodlette-Frank Road, provided the portion of the building facing Goodlette-Frank Road meets the following Architectural Guideline Sections of the LDC, therefore satisfying the intent of the building design section of the Architectural Guidelines in the opinion of the Community Development and Environmental Services Administrator: 1. Section 2.8.3.5.1.,Purpose and Intent 2. Section 2.8.3.5.4.,Facade Standard 3. Section 2.8.3.5.6.,Project Standards 4. Section 2.8.3.5.7.,Detail Features except for 2.8.3.5.7.2. 5. Section 2.8.3.5.12. Loading Areas: Buildings west of the Pine Ridge canal and adjacent to the Pelican Marsh boundary shall orient loading docks to the north,east or west. J. Noise: Uses within the I/C District shall not exceed 65 dBA between the hours of 7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59 a.m. and all of Sundays, as measured at the property boundary of the land use from which the sound emanates. K. Odor: No business shall cause or allow the emission of odorous air from any single source such as to result in odors which are detectable outside the parcel boundaries. Best practical treatment, maintenance, and control currently available shall be utilized in order to maintain the lowest possible emission of odorous air. L. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential if lighting is located within 200 feet of residential property. Light fixtures within parking areas shall not exceed 25 feet in height. Words k through are deleted; words underlined are added. 2014 CPUD Amendment 3-8 March 8, 2016 Packet Page -1784- 3/22/2016 17.A. M. Emissions: All sources of air emissions shall comply with rules set forth by the Environmental Protection Agency(Code of Federal Regulations, Title 40) and the Florida Department of Environmental Regulation (Florida Administrative Code, Chapter 17-2). No person shall operate a regulated source of air emissions without a valid operation permit issued by the Department of Environmental Regulation. 3.5 DEVELOPMENT DEVIATIONS 1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .6 for group housing uses, including the intermediate care facilities. 3.6 LANDSCAPE BUFFER RESTRICTIONS The use of bald cypress trees to meet the landscape buffer requirements in section 2.19.B.2. and B.3 are prohibited are deleted added Words�tc-1� ,• words underlined are adde 2014 CPUD Amendment 3-9 March 8, 2016 Packet Page -1785- 3/22/2016 17.A. SECTION IV BUSINESS DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "B". 4.2 GENERAL DESCRIPTION Areas designated as `B" on the PUD Master Plan are intended to provide a maximum of -1-90260,000 square feet of floor area, including approximately-1-50200,000 square feet of office uses and 4060,000 square feet of retail uses on 19.1±net acres. Intermediate care facilities (SIC Code 8052), group housing and hotel/motel uses (SIC Code 7011) are in addition to the B District gross square footage figures. The overall floor area ratio (FAR) for the B designated areas may exceed .35,; however, ilndividual parcels may be developed at a higher FAR and the FAR for hotel/motel, group housing and intermediate care facilities (SIC Code 8052) shall not exceed .6. (Refer to Section 4.5, Deviations)1 however,the overall FAR for the PUD for IC and B,District areas will not exceed .35. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Apparel and Accessory Stores (Groups 5611-5699) 2. Breweries (Group 2082) 4-3. Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. 2-.4. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, Words struelf-through are deleted; words underlined are added. 2014 CPUD Amendment 4-1 March 8, 2016 Packet Page -1786- 3/22/2016 17.A. insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 3:5. Child Day Care Services(Group 8351) 4.6. Convenience Store, food market (Group 5411) only two (2) allowed within the PUD and Gasoline Filling Station (Group 5541) only one (1) allowed within the PUD. 7. Communications (Groups 4812-4899), not including major communication towers related to cellular phone service, radio broadcasting, television broadcasting,radar or telephone service. 5:8. Dance and Martial Arts Studios (Groups 7911 and 7999, including only gymnastics and martial arts instruction) 6,9. Depository and Non-Depository Institutions (Groups 6011-6163) including automatic teller machines x:10. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic;morphine and derivatives;opium derivatives) 5:11. Eating Places (Group 5812) not including stand alone fast food and drive- thru restaurants. 912. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools;vocational counseling) 4 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories;seed testing laboratories;veterinary testing laboratories) 14. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229, 9311,9451,9511-9532,9611, 9631-9661) 15. Hardware Stores (Group 5251) Words struek-thr rgh are deleted; words underlined are added. 2014 CPUD Amendment 4-2 March 8,2016 Packet Page-1787- 3/22/2016 17.A. 4-1-16. Home Furniture,Furnishings and Equipment Stores(Groups 5712-5736) 17. Hotels /Motels (Group 7011); not to exceed a maximum of 180 rooms for the entire PUD. Only 1 hotel/motel is permitted within the PUD and it must be located east of Goodlette-Frank Road and subject to additional building development standards and setbacks identified in Section 4.4. 18. Miscellaneous Food Stores(Group 54991 19. Miscellaneous General Merchandise Stores (Group 5399) 20. Miscellaneous Retail (Groups 5912-5949 and 5992-5999, excluding used merchandise stores, fireworks, gravestones, tombstones and monuments, ice dealers, sales barns, and swimming pools; retail) 21. Paint/Glass and Wallpaper(Group 5231) -1-2-:22. Personal Services (Groups 7215, excluding self-service or coin laundries, 7221-7251, 7291 and 7299, including only clothing rental, costume rental, tanning salons and hair services) 4-3-23. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311-6399); Real Estate (Groups 6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding and Other Investment Offices(Groups 6712-6799); Attorneys(Group 8111) 24. Physical Fitness Facilities(Group 7991) 25. Retail Bakeries(Group 5461) -14:26. Security and Commodity Brokers(Groups 6211-6289) --5:27. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within 1/4 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to assisted living facilities, independent living units,skilled nursing units and continuing care retirement communities. A maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1, 3.3.B.2, 4.3.B.1 and 4.3.B.3. These uses are limited to parcels located east of Goodlette-Frank Road. Words Hugh are deleted;words underlined are added. 2014 CPUD Amendment 4-3 March 8, 2016 Packet Page-1788- 3/22/2016 17.A. 2. Drug Stores and Proprietary Stores (Group 5912) only one (1) drug store allowed. 3. Health Services, Medical Clinics and Offices (Groups 8011-8049, 8052), a maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1, 3.3.B.2, 4.3.B.1 and 4.3.B.3. SIC Code 8052 land uses are limited to parcels located east of Goodlette-Frank Road. 4. Medical Laboratories and research and Rehabilitative Centers(Groups 8071- 8099) 5. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent(40%)of the gross floor area of the permitted principal use. D. Operational Requirements for Group Housing Group housing uses described in Section 4.2.B.1 shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. Words sir-uek-through are deleted; words underlined are added. 2014 CPUD Amendment 4-4 March 8, 2016 Packet Page -1789- .1 3/22/2016 17.A. 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, Immokalee and Goodlette-Frank Roads: Fifty feet(50') 2. Front Yard,Internal Roads: Thirty feet(30') 3. Side Yard: Ten feet(10') Five feet (5') to internal property line along the Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise twenty feet(20') 5. Rear Yard:Twenty-five feet(25') 6. Minimum Building Setback from Perimeter Boundary of PUD for Properties West of Goodlette-Frank Road: a) Fifty feet(50')for buildings up to thirty five feet(35')in height. b) Three additional feet (3') for every one foot of building height over thirty five feet(35')adjoining residential districts. 7. For Properties East of Goodlette-Frank Road: Minimum Building Setback from Perimeter Boundary of PUD and from Public Roadways: a) Immokalee Road: Minimum of fifty feet(50')plus for any portion of a building exceeding a zoned height of fifty feet(50'),that portion of the building shall have its building setback increased at a 1:3 ratio (i.e. one (1') vertical foot of height for every three (3') horizontal feet);or Words struck through are deleted; words underlined are added. 2014 CPUD Amendment 4-5 March 8, 2016 Packet Page -1790- 3/22/2016 17.A. For any portion of a hotel that may be constructed on the B designated tract at the southeast corner of Goodlette-Frank Road and Immokalee Road, a minimum five three hundred fifty foot (500'350')building setback from Immokalee Road. b) Goodlette-Frank Road: Minimum of fifty feet (50') and for any portion of a building exceeding a zoned height of fifty feet(50'), that portion of the building shall have the setback increased at a 1:2 ratio (i.e. one (1') vertical foot of height for every two (2') horizontal feet);or For any portion of a hotel on the B designated tract on the southeast corner of Immokalee Road and Goodlette-Frank Road,the minimum setback from Goodlette-Frank Road shall be seventy-five (75') regardless of height. D. Maximum Height(Zoned): For parcels west of Goodlette-Frank Road,three stories over parking to a maximum of fifty feet (50') except that no structure shall be greater than thirty-five feet (35'), on property west of the Pine Ridge Drainage Easement. For Properties East of Goodlette-Frank Road: a) The group housing for the elderly and intermediate care facilities constructed on the B designated tract located at the southeast quadrant of the Goodlette- Frank Road and Immokalee Road intersection shall have a zoned height of sixty feet(60') and an actual height of seventy feet(70'), except that a hotel building or structure associated with this use may not exceed a zoned height of f+#y-seventy five feet (50'75') and an actual height of sixty eighty five (60=85'). b) The group housing for the elderly and intermediate care facilities constructed on the easternmost B designated tract adjacent to Immokalee Road,as shown on the Master Plan, shall have a zoned height of sixty feet(60')and an actual height of seventy feet(70'). c) All other uses permitted pursuant to Section IV shall be limited to a maximum zoned height of fifty(50')and an actual height of sixty(60'). E. Commercial design guidelines for facilities in the Business District shall be subject to the provisions of Division 2.8. Architectural and Site Design Standards and Site Design Standards for commercial buildings and projects. F. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence at least seven feet in height above ground Words k-through are deleted; words underlined are added. 2014 CPUD Amendment 4-6 March 8, 2016 Packet Page -1791- 3/22/2016 17.A. .-t level, or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. 4.5 DEVELOPMENT DEVIATIONS 1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .6 for group housing uses, including the intermediate care facility. 2. Deviation from LDC Section 5.06.04.F.3 Directory signs, which authorizes one (1)directory sign to be located at the project entrance, to permit installation of the directory sign on Immokalee Road east of Goodlette-Frank Road, not at the project entry, but rather at a location between the project entry and Goodlette- Frank Road. 4.6 LANDSCAPE BUFFER RESTRICTIONS The use of bald cypress trees to meet the landscape buffer requirements in section 2.19.A.2 and B.2 are prohibited. Words stthrough are deleted; words underlined are added. 2014 CPUD Amendment 4-7 March 8, 2016 Packet Page-1792- 3/22/2016 17.A. ri SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within Creekside Commerce Park, designated on the Master Plan, as Preserve Area. 5.2 GENERAL DESCRIPTION Areas designated as Preserve Area on the Master Plan are designed to accommodate natural systems existing or created as preserves and limited water management uses and functions. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted ipal-Uses and Structures 1. Boardwalks and nature trails(excluding asphalt paved trails). 2. Water management€aoiIit-iesstructures. 3. Any other preserve and related open space activity or use which is comparable in nature with the foregoing uses, permitted in accordance with the LDC and which the Board of Zoning Appeals (BZA) or Hearing Examiner Development Services Director determines to be compatible in the Preserve Area. 5.4 PRESERVE DISTRICT PRESERVATION EASEMENT A non-exclusive preservation easement or tract is required by LDC Section 3.2.8.4.7.3. for preservation lands included in the Preserve Area. The Developer, its successor or assign shall be responsible for the control and maintenance of lands within the Preserve Area. Exact location/boundary of the Preserve Area will be determined during the development permitting process with the South Florida Water Management District, Army Corps of Engineers,and Collier County. Words Hugh are deleted; words underlined are added. 2014 CPUD Amendment 5-1 March 8, 2016 Packet Page-1793- 3/22/2016 17.A. 5.5 PRESERVE AREA ADJUSTMENTS The proposed native vegetation retention areas, depicted on the Creekside Commerce Park Master Plan, are intended for meeting the native vegetation requirements of the Collier County Growth Management Plan and the Collier County LDC. Adjustments may be made to the location of the preservations areas at the time of preliminary plat or site development_plan approval. If adjustments are needed, per the Collier County LDC the Developer will have the option to increase the preservation in another area, enhance and preserve another area, or provide increased native landscape per the Collier County LDC. The proposed preservation areas, including 2.9 acres of wetlands and 4.1 acres of uplands, depicted on the Creekside Commerce Park master plan, are areas where the native vegetation requirements may be met as set forth in the Collier County LDC. Words st‘ritek-threugh are deleted; words underlined are added. 2014 CPUD Amendment 5-2 March 8, 2016 Packet Page-1794- 3/22/2016 17.A. .., '^.; .., .s.......` x 41""111: 41H- 9LOZIS6/Z0 o3Slh3a NYId tl315tlN T'flld3JNOJ tq'.gN.YOy°v°�i IN en e 11IINX3 "^ Joe!Wow!) — sI'�.�.M, 1 QXdJ YYYd MINIM YPlSIYYXD " ��`'�" tau _ =VT m o .W' o ills 3zg„b0 1 ^; of �° o € 1 `�� <LL 41 .. ., 1/11'311111111 ab . 59 Eta aY 1 € E � $lg i'S rc� NI6 hT -2 hi YZ NetT '1 mx W Impo -f — $g $$ S: N wN Eo _, °. n~ 5- 4 u u gis $ i ill I wos .1 $3 UT< fY N a f 4 € fr I UIy = • — W c a "T” w N d d ma u �� Ili!" ilii W E r .o o a a 0 Ssll$a 1 46? - Shit ! i, c V! o W a F 8 3 Ilit'l O PO » m x w 0 c-r g�1� 8& MiE ..•. ..: ) "� Q 1 i l .,� ' . Q ' H rn .9 J 0 a a' m' a�o €s Y; =.=li t .11 �0 CCREEK$IDE BL1[0 E Q O U a 3 8.-. ° $3 m -J z a a `t a ,F_ei ' : i a. i 'P,. ,;.'..1 I rFi 1 . ;. , r_E 0 1/4.•.2_Ld." du - mi ,..),,, %.. u ', I i o 1 .0111 g e! a ma t t rs u� 11 p gin..o a - .. ,�:.. fl-n + . .L' ._.-.— _ 113 _ tom' _0 , ! �fyf.,1. any' )j` it �o u e ,y/...7.7777, J S,d I I I if ..,,, . i o w CCREE IDSTREET Cam.. \` s- _i _ ,,,....„ 5 c : .--... I � pi s !< s ! i 1II ,_. CREEKSIDE 7R k co s! n y Oil p' h Y t `4 g d 11 il J4 i L i i lLL 0 ° • m of �� iI — 1 1 1 0 j p ( \s ! i I i i - I t - .,/"i_o ill --,, �,. ,I�O Fif:_)O ,ARTHREX BOULEVARD ' 1 I 1 k i r sag3a S �Y \\ ji'j� CN �O -i, \ 1,1 Packet Page -1795- 3/22/2016 17.A. EXHIBIT B1 CROSS SECTIONS (ENLARGED) INTERNAL PARCEL.PARKING STREET 1.10HT HEDGE CANOPY TREE —CANOPY TREE PARCEL ENTRANCE MONUMENT WOEWALK HEDGE • INTERNAL• PARKING PARCEL miaow t2' 17 1 • SIX- YANK bJ' b TYPICAL STREET CROSS SECTION PLYA INTERNAL PARCEL PARKING STREET LIGHT CANOPY TREE CANOPY TREE PARCEL ENTRANCE MONINA!NT SDEWALI( HEDGE INTERNAL PARCEL PARKING i� A ,wr.• it +r ,a tr tr y '7, wits 0 TYPICAL STREET CROSS SECTION *LTA INTERNAL PARCEL PARKING STREET LIGHT HEDGE CANOPY TREE CANOPY TREE PARCEL ENTRANCE MONUREKT SWEWALK HlOGE INTERNAL PARCEL r PARKING :1 A' 5' 1Y 14• tY 9' _ f 7 I SIDE- WAX RO.w. TYPICAL STREET CROSS SECTION KT.t Packet Page -1796- 3/22/2016 17.A. 1 1 h„CSR 26 _w ORDINANCE NO. 13- 2 3 By AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2006-50, THE CREEKSIDE COMMERCE PARK COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), AS 1 AMENDED, BY AMENDING SECTION III, INDUSTRIAL/ COMMERCE DISTRICT, TO INCLUDE HOTEL, MOTEL, SENIOR ri HOUSING INCLUDING INDEPENDENT LIVING,ASSISTED LIVING, SKILLED NURSING, CONTINUING CARE RETIREMENT 1 COMMUNITY AND INTERMEDIATE CARE FACILITIES AS ADDITIONAL USES, ESTABLISHING A FLOOR AREA RATIO OF .6 FOR THE ADDITIONAL USES, AND REVISING THE , DEVELOPMENT STANDARDS TO INCREASE THE MAXIMUM HEIGHT FOR PARCELS EAST OF GOODLETTE-FRANK ROAD TO 75 FEET ZONED HEIGHT AND 85 FEET ACTUAL HEIGHT; BY AMENDING SECTION IV, BUSINESS DISTRICT, TO INCLUDE HOTEL, MOTEL, SENIOR HOUSING INCLUDING INDEPENDENT LIVING, ASSISTED LIVING, SKILLED NURSING, CONTINUING CARE RETIREMENT COMMUNITY AND INTERMEDIATE CARE FACILITIES AS ADDITIONAL USES, ESTABLISHING A FLOOR AREA RATIO OF .6 FOR THE ADDITIONAL USES, AND REVISING "---Jk DEVELOPMENT STANDARDS TO INCREASE THE MAXIMUM HEIGHT FOR PARCELS EAST OF GOODLETTE-FRANK ROAD TO 75 FEET ZONED HEIGHT AND 85 FEET ACTUAL HEIGHT FOR THE CPUD PROPERTY LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 105 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 24, 2006, the Board of County Commissiongs ap ved Ordinance Number 2006-50, the Creekside Commerce Park Commercial P�ed(Jnitf 7 ...�. E Development(the"PUD"); and c.f)r; 1 m i rn r WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich& Ke1er,r1.A.0 and D. Wayne Arnold of Q. Grady Minor & Associates representing Creekside WESPIn tnd a Creekside East, Inc., petitioned the Board of County Commissioners to amend the CPUD to allow for additional uses and to increase the floor area ratio of the aforementioned real property. ' NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: i Creekside Commerce Center PUD 1 of 2 PUDA-PL201200001 1 1 —Rev. 3/12/13 Packet Page -1797- muacnment B 3 3/22/2016 17.A. f ,, If f SECTION ONE: Amendment to Section III, IndustriaUCommercial District of the CPUD i Document of Ordinance No.2006-50 Section III, Industrial/Commercial District of Collier County Ordinance No. 2006-50 is L i' hereby amended to read as follows: it li See Exhibit"A", attached hereto and incorporated herein by reference. 1 ti SECTION TWO: Amendment to Section IV, Business District of the CPUD Document of Ordinance No.2006-50 Section IV, Business District of Collier County Ordinance No. 2006-50 is hereby amended to read as follows: I`! See Exhibit`B",attached hereto and incorporated herein by reference. SECTION THREE: " This Ordinance shall become effective upon filing with the Department of State. k PASSED AND DULY ADOPTED by super-majority vote of the Board of County i Commissioners of Collier County, Florida,this-j 2. 'day of lnafch,2013. - ;II I[ / • ATTEST: BOARD i. 0 TY CO ' ISSIONERS DWIGHT •E:$ CLERK COLLI ' ► r T ',F 0' DA lk •, I it ,.... .. " i,,' --Jt?A i' • . , i 1 By: ti r.•, eputy Clerk GEOR IA A. HILLER,ESQ. g est as to Ci1ic 1'I11a $. ��{{- r //�� Chairwoman $l9t i 3turei oly4; ,�-^ Approved as to form and legal sufficiency: t Cti 11— Cit(3 idi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—Section HI,Industrial/Commerce District Exhibit B—Section IV,Business District k This ordinance filed with the ecr Cary of State's ffice the 'I CPi 12-CPS-01179\81 day o f.,�__�, _ _-'� !x and a received of_that Creekside Commerce Center PUD 2 of 2 Win received thisIlwarikd 's PUDA-P1,20120000I 11 -Rev, 3/12/13 p f ,;n1� �o{ay� a�` Packet Page -1798- $flief — ' Deputy Clerk 3/22/2016 17.A. Exhibit A SECTION III INDUSTRIAL/COMMERCE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "I/C". 3.2 GENERAL DESCRIPTION Areas designated as"I/C"on the PUD Master Plan are intended to provide a maximum of 620,000 square feet of gross floor area of industrial/commerce uses on 41.6± net acres. Intermediate care(SIC Code 8052), group housing and hotel/motel uses(SIC Code 7011) are in addition to the IC gross square footage figures. The overall floor area ratio (FAR) for the IC designated ' areas shall not exceed .35; however, individual parcels may be developed at a higher FAR and the FAR for hotel/motel, group housing and intermediate care facilities (SIC Code 8052) shall not exceed .6. (Refer to Section 3.5. Deviations) 3.3 PERMITTED USES AND STRUCTURES --•1 No building or structure,or part thereof, shall be erected, altered or used,or land used, in whole or part,for other than the following: A. The permitted principal uses and structures will generally consist of light manufacturing, wholesale, warehouse, processing and packaging, laboratories and clinics, research, design and product development, business services and corporate offices and headquarters. 1. Aircraft Parts and Auxiliary Equipment(Group 3728) 2. Apparel and Other Finished Products(Groups 2311-2399) 3. Building Contractors(Groups 1521-1542),except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. Is 4. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental ;€ is and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repossession service; bartering services for businesses; Amended PUD(revisionl BCC Approval 3-12-2013).doc 3-1 March 12,2013 Packet Page -1799- 3/22/201617.A. ....~ V A bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents r recovery service on a contract or fee basis; tobacco sheeting service on a r contract or fee basis) ,l 5. Child Day Care Services(Group 8351) 6. Communications (Groups 4812-4899 not including major communications towers related to cellular phone service, radio broadcasting, television 1 broadcasting,radar or telephone service) i i 7. Computer and Office Equipment(Groups 3571-3579) E i 8. Construction; Special Trade Contractors (Groups 1711-1799 except for boiler erection and installation contractors; drainage system installations, cesspool and septic tank contractors; fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors; epoxy application contractors; fireproofing buildings contractors;gasoline pump installation contractors; lead burning contractors; and mobile home site setup and tie down contractors) 1 9. Depository and Non-Depository Institutions(Groups 6011-6163) i I 10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic; morphine and derivatives;opium derivatives) i 11. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; 1 survival schools;vocational counseling) 12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612, 3613, 3624, 3625, 3631, 3641-3676, 3678, 3679, 3694, 3695, 3699, except } for airport lighting transformers, autotransformers, electric (power 5 transformers) distribution transformers, electric; electric furnace transformers; lighting transformers, street and airport; transformers, reactor; atom smashers (particle accelerators; electron beam metal cutting, forming, and welding machines; electron linear accelerators; electrostatic particle accelerators)) • 1 Amcndcd PUB(revision I BCC Approval 3.12-2013).doc 3-2 March 12,2013 Packet Page -1800- 3/22/2016 17.A. 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry 1 laboratories;seed testing laboratories;veterinary testing laboratories) '4 14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446, 3452, 3469,3492,3495,3496,production of metal is prohibited) 15. Furniture and Fixtures Manufacturing(Groups 2511-2599) i€ 16. Government O (Groups 9111-9199, 9221, 9222, 9224-9229, Offices/Buildings( P is 9311,9451,9511-9532,9611,9631-9660_ 44:17. Hotels / Motels cGroun 7010. not to exceed a maximum of 180 rooms for the entire PUD.Only 1 Hotel/Motel is permitted within the PUD and it must be located east of Goodlette-Frank Road and subject to specific development standards and setbacks in Section 3.4. 47:18. Industrial and Commercial Machinery (Groups 3524, 3546, 3553-3556, 3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting t machines for printing trades; foundry type for printing; presses, printing - slugs printers';ammunition and explosives loading machinery; brick making machines; cement making machinery; chemical kilns; control rod drive mechanisms for use on nuclear reactors; foundry machinery and equipment; frame straighteners, automotive (garage equipment); fur sewing machines; ginning machines, cotton; metal finishing equipment for plating, except rolling mill lines;metal pickling equipment,except rolling mill lines) 45719. Leather and Leather Products(Groups 3131-3199) 49:20. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods: Watches and Clocks Manufacturing(Groups 3812-3843, 3845-3873) 28:21. Membership Organizations(Groups 861 1-8631) 24722. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for dressing of furs: bleaching, blending, curring, scraping, and tanning; feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, curring,tanning, bleaching and dyeing;plumes, feather;tear gas devices and equipment;veils made of hair) 22723. Motion Picture Production(Groups 7812-7819) 2-3-24. Motor Freight Transportation(Groups 4214,4215) Amended KID(revisionl BCC Approval 3.12-2013).doc 3-3 March 12,2013 Packet Page -1801- 3/22/2016 17.A. 24:25. Packing and Crating(Group 4783) 2-5:16,Japer and Allied Products(Groups 2652-2657,2673-2679) 23:27. Personal Services(Groups 7213,7216, 7219,7221) 2-7:28. Physical Fitness Facilities(Group 799I) 229. Plastic Materials and Synthetics(Groups 2833,2834) 29:30. Printing,Publishing and Allied Industries(Groups 2711-2791) 3031. Professional Offices: including but not limited to, Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers(Groups 6311- 6399); Real Estate(Groups 6512,6514,6517,6519,6531, 6541,6552,) 3--32. Rubber and Miscellaneous Plastic Products(Groups 3021,3085,3086,3088, 3089) s 3133. Transportation Equipment (Group 3732, except for boats, fiberglass: building and repairing; boats: motorboats, sailboats, rowboats, and canoes - i! building and repairing; houseboats, building and repairing; motorboats, inboard and outboard:building and repairing) 33:34. United States Postal Service(Group 4311) 34:35. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas storage,petroleum and chemical bulk stations and automobile dead storage) only one (1) self-storage use allowed to be located adjacent to the Collier County Sewage Treatment Plant, 35736. Wholesale Trade-Durable Goods (Groups 5021-5031, 5043-5049, 5063- 5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood-wholesale; lumber: rough, dressed, and finished-wholesale; batteries, except automotive-wholesale; storage batteries, industrial-wholesale; unit substations-wholesale; boilers, power: industrial-wholesale; boilers, steam and hot water heating-wholesale; burners, fuel oil and distillate oil- wholesale;oil burners-wholesale) 36:37. Wholesale Trade-Nondurable Goods (Groups 5111-5143, 5145, 5147-5149, 5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs-wholesale; fish, tropical-wholesale; furs, dressed-wholesale; greases, animal and vegetable-wholesale; ice, manufactured or natural-wholesale, leather and cut stock-wholesale; linseed oil-wholesale; oils, except cooking: animal and vegetable-wholesale; oilseed cake and meal-wholesale; rubber, crude- wholesale; sawdust-wholesale; vegetable cake and meal-wholesale; wigs- wholesale;worms-wholesale) Amended PUD(revision!BCC Approval 3.12.2013),doc 3-4 March 12,2013 Packet Page -1802- 3/22/2016 17.A. 3;38. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within a 1/4 mile radius of the hospital property boundary. 1. Group housing for the elderly limited to Assisted living facilities, independent living units, skilled nursing units and continuing care retirement communities. A maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1, 3.3.B.2,4.3.B.1 and 4.3.B.3. These uses are 4 limited to parcels located east of Goodlette-Frank Road. 4,2. Health Services, medical clinics and offices (Groups 8011-8049, 8052),1 maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.L3.3.B.2.4.3.B.1 and 4.3.B.3. SIC Code 8052 land uses are, ti limited to parcels located east of Goodlette-Frank Road. 3. Medical Laboratories and research and Rehabilitative Centers(Groups 8071- 8092,8099) 34. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures: 1. Uses and structures that are accessory and incidental to uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use,not to exceed an area greater than forty percent(40%)of the gross floor area of the permitted principal use. D. Operational Requirements for Group Housing Group housing uses described in Section 3.2.111 shallprovide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. Amended PUD(revisionl BCC Approval 3-12-2013),doc 3-5 March 12,2013 Packet Page -1803- 3/22/2016 N' R 'f ........ 3. Group transportation services shalt be provided for residents for the 1 purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. m 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs.The manager/coordinator shall also F be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. t u n 6. Each unit shall be equipped to notify emergency service providers in the g event of medical or other emergency. i 1 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes 1 and federal law and regulation. 3.4 DEVELOPMENT STANDARDS i A. Minimum Lot Area: 20,000 S.F. g f B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1 1 1. Front Yard, adjacent to Immokalee Road or Goodlette-Frank Road: Fifty feet(50'). For parcels located east of Goodlette-Frank Road, see additional setback requirements in Section 3.4.C.7.a. 2. Front Yard, Internal: Thirty feet(30') x x 3. Side Yard: Ten feet(10') Five feet(5')to internal property line along Pine Ridge canal i drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise twenty feet(20') 5. Rear Yard:Twenty-five feet(25') ; 6. Minimum Building Setback from Perimeter Boundary of PUD: Fifty feet (50') 1 Amended PUD(revisionI BCC Approval 3-12-2013).doc 3-6 March 12,2013 i' Packet Page -1804- } 3/22/2016 17.A. 7. Minimum Building Setback from Existing Goodlette-Frank Road Right-of- Way East of Goodlette-Frank Road: i1 a) Goodlette-Frank Road: Minimum of fifty feet (50'), except as provided as follows: i) For grou housing for elderly and intermediate care use: ��. (a) If the zoned height of any structure exceeds 50 feet, the minimum setback is 75 feet plus for any portion, of a building exceeding fifty feet in zoned height an increased setback at a 1:2 ratio (i.e.. for one vertical foot of height. setback is increased by two horizontal feet) for that portion of the building over >° 50 feet of height. ii) For hotel/motel use: (a) Minimum setback of 75 feet regardless of height plus for any portion of a building exceeding fifty feet in zoned height an increased setback at a 1:2 ratio (i.e., for one vertical foot of height, setback is, increased by two horizontal feet) for that portion of the building over 50 feet of height. D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road: tThirty.f give (Feet (35'), including silos, storage tanks, elevator towers, satellite dishes, antennas, etc. For parcels east of Goodlette-Frank Road: the Hotel, group housing for the elderly,and the intermediate care facility shall have a zoned height seventy- five feet (75'), actual height eight-five feet (85')., All other uses permitted east of Goodlette-Frank Road pursuant to Section III shall have a zoned height of fifty feet (50')and an actual height of sixty feet(60'). E. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. All manufacturing operations and equipment, including accessory process equipment such as compressors and air handlers shall be contained in an enclosed structure. F. All industrial building sides visible from roadways internal or external to the park shall have the appearance of a concrete material, such as, but not limited to, block, brick, tilt up concrete panels, stucco on lathe systems, etc. Corrugated steel sides visible from said roadways are prohibited; as well as exposed metal siding on any building west of Goodlette Frank Road. Amended PUD{revision] BCC Approval 3-12-2013).doc 3-7 March 12,2013 Packet Page -1805- 3/22/2016 17.A. li f t. G. Business District type uses located within the 1/C District along Goodlette-Frank Road will meet the Collier County Architectural Guidelines in Division 2.8. of the LDC. is o it H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of Section 2.19.B.3 hereof,alternatively, said uses shall have the option of utilizing the i= landscaped buffer applicable to business uses fronting Goodlette-Frank Road, it provided the portion of the building facing Goodlette-Frank Road meets the following Architectural Guideline Sections of the LDC, therefore satisfying the intent of the building design section of the Architectural Guidelines in the opinion of k. the Community Development and Environmental Services Administrator: 1 1. Section 2.8.3.5.1., Purpose and Intent 2. Section 2.83.5.4,,Facade Standard o 3. Section 2.8.3.5.6., Project Standards i i 4. Section 2.8.3.5.7.,Detail Features except for 2.8.3.5.7.2. i 5. Section 2.8.3.5.12. i 1 -- 1. Loading Areas: Buildings west of the Pine Ridge canal and adjacent to the Pelican o Marsh boundary shall orient loading docks to the north,east or west. i J. Noise: Uses within the 1/C District shall not exceed 65 dBA between the hours of l f 7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59 r a.m. and all of Sundays, as measured at the property boundary of the land use from which the sound emanates. 1 K. Odor: No business shall cause or allow the emission of odorous air from any k single source such as to result in odors which are detectable outside the parcel boundaries. Best practical treatment,maintenance,and control currently available i shall be utilized in order to maintain the lowest possible emission of odorous air. ti L. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential if lighting is located within 200 feet of residential !7 property. Light fixtures within parking areas shall not exceed 25 feet in height. r o o !t M. Emissions: All sources of air emissions shall comply with rules set forth by the o Environmental Protection Agency(Code of Federal Regulations, Title 40)and the Florida Department of Environmental Regulation (Florida Administrative Code, 1. Chapter 17-2). No person shall operate a regulated source of air emissions f without a valid operation permit issued by the Department of Environmental Regulation. o I Amended PUD(revision]BCC Approval 3-12-20 I 3).doc 3-8 March 12,2013 F Packet Page -1806- 3/22/2016 17.A. F. 3.5 DEVELOPMENT DEVIATIONS 1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .6 for group housing uses including the intermediate care facilities. 3.6 LANDSCAPE BUFFER RESTRICTIONS The use of bald cypress trees to meet the landscape buffer requirements in section 2.19.B.2.and B.3 are prohibited 1 ^�t #ff it Amended PUD(revision'BCC Approval3-12-20I3).doc 3-9 March 12,2013 Packet Page -1807- 3/22/2016 17.A. 1 Exhibit B k i€ SECTION IV BUSINESS DISTRICT 4.1 PURPOSE 1 i The purpose of this section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Master Plan as "B". E 4.2 GENERAL DESCRIPTION i Areas designated as "B"on the PUD Master Plan are intended to provide a maximum of 1 190,000 square feet of floor area, including approximately 150,000 square feet of office uses and 40,000 square feet of retail uses on 19.1±net acres. Intermediate care facilities (SIC Code 8052),group housing and hotel/motel uses(SIC Code 7011)are in addition to 1 the B District gross square footage figures. The overall floor area ratio.(FAR) for the B designated bits ess-land- sesareas shall not exceed .35;, however, individual parcels may i be developed at a higher FAR and the FAR for hotel/motel, group housing and intermediate care facilities (SIC Code 8052) shall not exceed .6. (Refer to Section 4.5, Deviations) 4.3 PERMITTED USES AND STRUCTURES f No building or structure, or part thereof, shall be erected, altered or used, or land used, in ' whole or part, for other than the following: , i A. Permitted Principal Uses and Structures: i 1. Building Contractors(Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction,and truck and automobile assembly plant construction. t 2. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial truck rental and leasing; plants, live: rental ,' and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; i automobile repossession service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors i N;� disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents a ii Amended PUD(rev j,jonI BCC Approval3-12-2013).doc 4-1 March 12,2013 Packet Page -1808- 1 3/22/2016 17.A. recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 3. Child Day Care Services(Group 8351) 4. Convenience Store(Group 5411)and Gasoline Filling Station(Group 5541) only one(1)allowed. 5. Communications (Groups 4812-4899), not including major communication towers related to cellular phone service, radio broadcasting, television broadcasting,radar or telephone service. 6. Depository and Non-Depository Institutions (Groups 6011-6163) including automatic teller machines 7. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives: bulk,uncompounded; barbituric acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic;morphine and derivatives;opium derivatives) 8, Eating Places (Group 5812) not including fast food and drive-thru restaurants 9. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools;vocational counseling) 10. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories;seed testing laboratories; veterinary testing laboratories) 11. Government Offices/Buildings(Groups 9111-9199, 9221, 9222, 9224-9229, 9311,9451,9511-9532, 9611,9631-9661) 4-612. Hotels / Motels (Group 7011); not to exceed a maximum of 180 rooms for the entire PUD. Only 1 hotel/motel is permitted within the PUD and it must be located east of Goodlette-Frank Road and subject to additional building development standards and setbacks identified in Section 4.4. -1-2:13. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311-6399); Real Estate(Groups 6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding and Other Investment Offices(Groups 6712-6799); Attorneys(Group 8111) 43:14. Physical Fitness Facilities(Group 7991) Amended PUD(revisionl BCC Approval 3.12-2013)doe 4-2 Marsh 12,2013 Packet Page -1809- 3/22/2016 17.A. 1 44:15. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. B. Restricted Principal Uses The following medical related uses must be located within 1/4 mile radius of the ;E hospital property boundary. 1. Group housing for the elderly limited to assisted living facilities, independent living units, skilled nursing units and continuing care retirement F communities. A maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1. 3.3.B.2. 4.3.B.1 and 4.3.B.3. These uses are limited to parcels located east of Goodlette-Frank Road_ 4:2. Drug Stores and Proprietary Stores (Group 5912) only one (1) drug store allowed. 2:3. Health Services, Medical Clinics and Offices (Groups 8011-8049, 8052), a maximum of 400 aggregate beds shall be permitted for the uses listed in Sections 3.3.B.1. 33.B.2.4.3.13.1 and 4.3.113. SIC Code 8052 land uses are limited to parcels located east of Goodlette-Frank Road. fi 3:4. Medical Laboratories and research and Rehabilitative Centers(Groups 8071- 8099) 45. Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures 1 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent(40%)of the gross floor area of the permitted principal use. D. Operational Requirements for Group Housing Group housing uses described in Section 4.2.8.1 shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. Amended PUD(revision!BCC Approval 3-12-2013).doc 4-3 March 12,2013 Packet Page -1810- 3/22/2016 17.A. , 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized. needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents., 6. Each unit shall be equipped to notify emergency service providers in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard,Immokalee and Goodlette-Frank Roads: Fifty feet(50') 2. Front Yard,Internal Roads: Thirty feet(30') 3. Side Yard: Ten feet(10') Five feet (5') to internal property line along the Pine Ridge canal drainage easement and FP&L easement 4. Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise twenty feet(20') 5. Rear Yard:Twenty-five feet(25') Amended PUD(revision] BCC Approval 3-12-2013)doe 4-4 March 12,2013 Packet Page-1811- 3/22/2016 17.A. 6. Minimum Building Setback from Perimeter Boundary of PUD for Properties West of Goodlette-Frank Road: a) Fifty feet(50')for buildings up to thirty five feet 35' �' ( ) g 13 rty ( )in height. !i is b) Three additional feet(3') for every one foot of building height over thirty five feet(35')adjoining residential districts. 7. For Properties East of Goodlette-Frank Road: Minimum Building Setback from Perimeter Boundary of PUD and from Public Roadways: a) Immokalee Road: Minimum of fifty feet(50')plus for any portion of a building exceeding a zoned height of fifty feet(50'),that portion of the building shall have its building setback increased at a 1:3 ratio (i.e. one (1') vertical foot of height for every three (3') horizontal, feet):or For any portion of a hotel that may be constructed on the B designated tract at the southeast corner of Goodlette-Frank Road and Immokalee Road, a minimum five hundred foot (500') building setback from Immokalee Road. b) Goodlette-Frank Road: Minimum of fifty feet (50') and for any portion of a building exceeding a zoned height of fifty feet(50'),that portion of the building shall have the setback increased at a 1:2 ratio (i.e. one (1') vertical foot of height for every two (2') horizontal feet):or For any portion of a hotel on the B designated tract on the southeast corner of Immokalee Road and Goodlette-Frank Road,the minimum setback from Goodlette-Frank Road shall be seventy-five (75') regardless of height. D. Maximum Height (Zoned): For parcels west of Goodlette-Frank Road. tThree stories over parking to a maximum of fifty feet(50') xcept that no structure shall be greater than thirty- five feet(35'),on property west of the Pine Ridge Drainage Easement. For Properties East of Goodlette-Frank Road: a) The group housing for the elderly and intermediate care facilities constructed on the B designated tract located at the southeast quadrant of the Goodlette- Frank Road and Immokalee Road intersection shall have a zoned height of sixty feet(60')and an actual height of seventy feet(70'),except that a hotel building or structure associated with this use may not exceed a zoned height of fifty feet(50')and an actual height of sixty(60'). Amended PUD(revision BCC Approval 3-12-2013).doc 4-5 March 12,2013 Packet Page -1812- 3/22/2016 17.A. b) The group housing for the elderly and intermediate care facilities constructed on the easternmost B designated tract adjacent to lmmokalee Road,as shown on the Master Plan,shall have a zoned height of sixty feet(60')and an actual. height of seventy feet(70'). k' c) All other uses permitted pursuant to Section IV shall be limited to a maximum zoned height of fifty(50')and an actual height of sixty(60'). E. Commercial design guidelines for facilities in the Business District shall be subject to the provisions of Division 2.8. Architectural and Site Design Standards and Site Design Standards for commercial buildings and projects. F. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence at least seven feet in height above ground level, or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. 4.5 DEVELOPMENT DEVIATIONS 1. Deviation from LDC Section 5.05.04 D.1 which establishes a .45 floor area ratio (FAR) for group housing uses, to permit an FAR of .6 for group housing uses, including the intermediate care facility, 4.6 LANDSCAPE BUFFER RESTRICTIONS The use of bald cypress trees to meet the landscape buffer requirements in section 2.19.A.2 and B.2 are prohibited.. jl Amended PUD(revisions BCC Approval 3.12-2013),doc 4-6 March 12,2013 Packet Page -1813- 3/22/2016 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2013-23 which was adopted by the Board of County Commissioners on the 12th day of March, 2013, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of March, 2013 . DWIGHT E. BROCK Clerk of Courts, ancj.Clerk Ex-officio to •hoard op '. ♦ County CommiSsio2i6ip . By: Teresa Canr/th ,i • ''' Deputy Clerk Packet Page-1814- 0 3/22/2016 17.A. oaaeed - aop vo a ' 1/ 11rAli 0111" 7." I� Z W.....7.:. ,.:::.:111:111111!illti � �a C73 0 a. 4010„:8. 0 a ROAD GRR51 C ,..GOWLE1h-FRANK _ G R r , 4 ::::::::::::: : :::::::: 111111 :1111111 1 efh -11111111111;iii:11:Al: :iiii i:: : :1 1 i: . tava v■44, iiium,.. ■I' ',; m ... e A \ 3 e eat'„ ::: .1,wa 1 k p 2 640 1g :: :•: . RI 0 0 n°® . O a M 4 00 Od 5 $ #44/1.111■all N All 0©� 31VOS OL 10N Q• �� D 0_ u LIVINGSTON ROAD ' Z 2. 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' u S Ea 04 1 o to $ I s Ji g = 1 Cl 1 ,_w 5 CcRE K DE-STREET _ G� : -- l 2 -� -- 1N3W38Y3 19dd Q `` i L a MONO' _1———---—---- U c 2 If ,. ir: c2 a a. fl --: {{ ( o n- 7{5jSSS(i — \ a 1� 3 GREEKSIDE TR.. i 5?I _ :' -•;.. ,-, , 0.' l',8<yr a € Y F 2' t 01 "F. 6 phi -" 1 I.: Wj 3/22/2016 17.A. min► eie t-r�lity Growth Management Department Zoning Division Memorandum To: Nancy Gundlach, RLA, AICP, Principal Planner, Zoning Services Section From: David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section Date: February 16, 2016 Subject: Future Land Use Element(FLUE) Consistency Review PETITION NUMBER: PUDA-PL20140001311 (REV 2/8/16 PUD text, 2/15/16 PUD Master Plan) PETITION NAME: Creekside Commerce Park PUD REQUEST: An amendment to the Creekside Commerce Park PUD to: 1) in the Industrial/Commerce District portion of the PUD, reduce the total building floor area from 620,000 to 550,000 square feet (-70,000 s.f.); 2) in the Business District portion of the PUD, increase the total building floor area from 190,000 to 260,000 square feet (+70,000 s.f.), and within that total, increase the office uses from 150,000 to 200,000 square feet and increase the retail uses from 40,000 to 60,000 square feet, and, add several uses (breweries, various retail uses, personal ^' services uses, amusement and recreation uses, and securities brokers) which are allowed in various zoning districts ranging from C-1 thru C-5 and"I"; 3)modify some development standards. LOCATION: The subject PUD, consisting of ±106 acres, is located at the southwest and southeast corners of Immokalee Road (C.R. 846) and Goodlette-Frank Road (C.R. 851), in Section 27,Township 48 South, and Range 25 East. COMPREHENSIVE PLANNING COMMENTS:The subject property is designated Urban(Urban- Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The existing PUD, which allows a variety of commercial and industrial uses, was approved in 1997 by Ordinance No. 97-51; FLUE consistency for that approval is contained in the Statement of Compliance (most of the site was previously zoned I, Industrial). The PUD was amended in 2006 by Ordinance No. 06-50 to subtract +3.11 acres at the northwest corner of the PUD so that it could be incorporated into the existing Naples Daily i. News Business Park PUD. The PUD was amended in 2013 to add hotel/motel to the list of principal uses permitted within the IndustriaUCommerce District and the Business District of the PUD; and add assisted living facilities (ALF); independent living units; skilled nursing units; continuing care retirement communities; and intermediate care facilities, to the list of restricted principal uses permitted within the Industrial/Commerce District and the Business District of the PUD, Additionally, the amendment increased the maximum floor area ratio (FAR) from .35 to .6 for the proposed new uses; eliminated the maximum FAR restriction to individual parcels; added operational requirements for the proposed group housing uses; and, increased the maximum building height to those parcels of the PUD located east of Goodlette-Frank Road. No changes were made to the overall approved intensity (building square feet). These amendments were deemed consistent with the FLUE based upon certain policies under Objective 5, the provision 1 Packet Page -1817- Attachment C 3/22/2016 17.A. allowing medical offices and other similar uses within % mile of a major medical facility such as North Collier Hospital, and the Urban designation allowance for group housing uses. The proposed use additions are not allowed by the existing Future Land Use designation. However, the existing PUD was approved based upon a prior FLUE provision and is now deemed consistent by FLUE Policy 5.12. Accordingly, FLUE Policy 5.1 is applicable in evaluating the proposed uses and shift in building floor area. It states, in relevant part: "Policy 5.1: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: b. For such industrially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district." *** *** text break *** *** *** "e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district." FLUE Policy 5.1 contains a two-part test. Below is staff's analysis and determination of each part. Part 1 - In comparing zoning district intensity, it is necessary to determine the lowest intensity zoning district(s) in the LDC allowing the existing uses in the PUD to the lowest intensity zoning district in the LDC allowing the proposed commercial and industrial uses. The existing PUD allows some uses only found in the C-5, Heavy Commercial, BP, Business Park, and I, Industrial, zoning districts. The proposed "breweries" use is allowed by right in the "I" zoning district; the various commercial uses are allowed by right or conditional use in the C-1 thru C-5 zoning districts. Commercial zoning districts in the LDC are viewed as increasing in intensity from C-1, Commercial Professional and General Office, as lowest intensity to C-5, Heavy Commercial, as highest intensity. Further, the"I"zoning district is viewed as higher intensity than the commercial zoning districts. Conclusion — part 1: The new zoning district (proposed uses in the PUD amendment) is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district. Part 2 - In comparing public facility impacts to determine overall intensity, it is necessary to have a comparative analysis of impacts from uses allowed in the existing zoning district and the proposed use upon facilities (usually viewed as category A public facilities) -arterial and collector roads, potable water and sanitary sewer (wastewater), drainage, solid waste, and parks and recreation facilities. The applicant prepared a comparative analysis of public facility impacts using a shopping center as the representative existing use, which staff finds to be reasonable given the variety of commercial uses presently approved in the PUD. That comparative analysis demonstrates the impacts upon: drainage facilities are the same; water, sewer and solid waste are reduced; and, parks and recreation facilities are unaffected - both the existing and proposed zoning do not allow residential uses (see below table for summary of r; applicant's comparative analysis conclusions.) As to roads, the comparative analysis demonstrates the proposed uses result in increased impacts, but the applicant notes the increased traffic will not negatively affect the adopted level of service standard on the affected roads. However, this is not the applicable test under FLUE Policy 5.1, rather simply a 2 Packet Page -1818- 3/22/2016 17.A. "comparison of public facility impacts" -which has always been applied as whether the impacts r� are greater, lesser or the same. PUBLIC FACILITY PROPOSED EXISTING RESULT/DIFFERENCE ZONING IMPACTS ZONING IMPACTS Drainage No change No change No change Roads: Arterials& 1,504 non-pass-by 1,452 non-pass-by Increase(52 trips non-pass-by) Collectors 1,878 gross volume 1,754 gross volume Increase(124 trips gross volume) Water/Sewer 10,500 gpd 14,000 gpd Decrease(-3,500 gpd) Solid Waste 350 lbs./day 980 lbs./day Decrease(630 lbs./day) Parks: Community& No change No change No change Regional Notes: 1. Traffic data from Tables 2C and 2D of TIS,Traffic Impact Statement;all other data from petitioner's "FLUE Policy 5.1 Consistency Analysis" 2. gpd=gallons per day 3. lbs.=pounds Staff notes that FLUE Policy 5.1e. does not indicate (provides no guidance)whether each of the public facility components are weighted equally or not; or whether all components must reflect a neutral outcome or reduction or a simple majority must reflect a neutral outcome or reduction or a weighted majority must reflect a neutral outcome or reduction. Staff observes that, historically, transportation impacts have been of greatest concern to the County, whether generally or in context of this policy. Staff acknowledges this is a "policy decision"for the Board of County Commissioners as to how to implement this Policy 5.1, but is of the opinion that the increased impacts upon roads outweigh the reduced impacts upon water, sewer and solid waste facilities. Conclusion —part 2: The overall impacts upon public facilities are exceeded in the new zoning district. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to the Zoning Services Section's staff as part of the total review of the petition. Regarding FLUE Policies 7.1-7.4, pertaining to access, interconnections, open space, and walkable communities, no changes are proposed to PUD access, interconnection or sidewalk provisions, and the PUD must comply with open space requirements of the LDC. Based upon the above analysis, Comprehensive Planning staff finds the proposed PUD amendment not consistent with the FLUE. Staff acknowledges the petitioner is in disagreement and wishes to proceed to public hearings. PETITION ON CITYVIEW cc: Ray Bellows,Zoning Manager,Zoning Services Section Michael Bosi,AICP,Director,Zoning Division CD/FLUE File PUIIA-P1.20140001311 Creekside Commerce Park REV submittal Feb.2016 G:\GOES Planning Services\Consistency Reviews l2015\PIIDA dw/2.16.16 3 Packet Page -1819- 3/22/2016 17.A. . ( t"-N, 1 1 2 a 4 5 TRANSCRIPT OF THE 6 NEIGHBORHOOD INFORMATION MEETING � | 7 FOR CREED In COMMERCE rARK CP D | 8 June 22, 2015 . { � � | 9 10 11 12 | 13 Appearances: � | 14 WAYNE ARNOLD RICHARD 9ANOV c, ESQ. 15 ESC s A PASSIDOMO NANCYGUNOLACE . } 16 DAVID O SHARON UMPENHOUR 17 . � 18 19 . � { 20 � ( 21 . [ 22 ( 23 24 { 25 � ( . ( . ! Packet Page -820 1 U 3/22/2016 17.A. 2 1 MR. ARNOLD: Well, good evening, everybody. 2 I'm Wayne Arnold with Grady Minor and this is 3 Sharon Umpenhour from our office, and she'll be 1 4 recording the neighborhood information meeting. 5 And this is for Creekside Commerce Park and the PUD 6 amendments that we're contemplating to the 1 7 document. 8 With us tonight, we have David Genson from 9 Barron Collier Companies, we have Rich Yovanovich 10 and Francesca Passidomo from the Coleman, 11 Yovanovich, Koester law firm. k 12 And this is Nancy Gundlach. If you don't know 13 her, Nancy is with Collier County and she's the 14 principal planner that's handling this zoning case. 15 So thank you. 16 This is our second neighborhood information 17 meeting. We needed to make some additional 18 proposed changes than were in the original 19 neighborhood information notice. 20 We've reached out separately previously to 21 Colliers Reserve since you were largely the 22 represented group at the first NIM. So I'll go 23 through some of those changes. It will be 24 redundant for you all, but (indiscernible) will, 25 you know, let you understand what we're proposing Packet Page -1821- 3/22/2016 17.A. n 3 1 to do. 2 This is sort of the east side master plan for 3 Creekside, and that's really the largest master 4 plan change that we're proposing. The area that's 5 currently located east of Goodlette, south of 6 Immokalee Road has a configuration with about a 7 six-acre business designated parcel on Immokalee 8 Road. We have preserve and a water management lake 9 to the south. That's -- you can see on the aerial � I 10 photograph, that's this area that we're looking at. 11 One of the proposed changes, that we're trying 12 to reconfigure the lake and preserve to expand the 13 business tract to make it about eight acres, plus 14 or minus, and with that we're also proposing to do 15 mitigation offsite for a portion of the preserve 16 area that we have, which is located in this area. 17 So we're working with staff on that offsite 18 preservation requirement. And, of course, the 19 master plan change with regard to that. 20 We're also proposing to increase the business 21 district square footage by about 70,000 square r � 22 feet. We're proposing a simultaneous decrease in 23 the industrial designated areas. IC on that master 24 plan by 70,000 square feet. 25 We're changing the uses in the business Packet Page -1822- 3/22/2016 17.A. ,. 4 1 district to allow a small brewery which you all 2 heard about before. I don't know that it's truly a 3 brewery, but it would be more like a -- what do you 4 call it, David, like a tap room? 5 MR. GENSON: Tap room, uh-huh. 6 MR. ARNOLD: And we have a maximum square 7 footage of 3,000 square feet that we would propose 8 for that area. 9 We're also proposing to change the reference 10 to the fast food that's in there. There's 11 currently a prohibition on fast food restaurants 12 and we talked to the Colliers Reserve folks about 13 this. We'd strike the -- and say that no 14 freestanding fast food restaurants would be 15 allowed, but the strip center that's under 16 construction right now will have an end unit that 17 would like to have a drive-through window and it's 18 very likely the county staff will call that a fast 19 food restaurant, so we want to make provisions for 20 it to be inline drive-through and fast food. So I 21 think, you know, we're talking about it potentially 22 being a coffee shop and I don't know if that deal 23 is inked or not, but if not, they certainly want 24 the opportunity to have a drive-through window in 25 that location. f 1 Packet Page-1823- 3/22/2016 17.A. 5 1 We also are proposing to change the setback 2 for the hotel that's located or allowed to be 3 located into the V or the IC area. Currently, 4 there's a reference in there that it has to be 5 (indiscernible) 500 feet from Immokalee Road, and 6 there was some other language that required it to 7 be tiered from Goodlette-Frank Road. 8 In this case, I think we're going to need to 9 ask for, it's not anything that's been resubmitted 10 to the county yet, but we'll be asking for, we 11 think, a 350-foot setback from Immokalee Road for /"N 12 the hotel structure that would be located there. 13 And we've reaffirmed that that hotel can be 75 feet 14 of zoned height up to 85 feet of actual building 15 height. It's consistent with other references, but 16 we wanted to make sure that that was part of the 17 documentation for your consideration. 18 UNIDENTIFIED MALE VOICE: How does that 19 compare to the hospital? 20 MR. ARNOLD: We were just describing that -- 21 discussing that before the meeting started, and I 22 think, if my recollection serves me, the hospital, 23 the total height is about 110 feet for the hospital 24 building. I think the parking garage is 25 approaching that number, but I'm not certain on the Packet Page -1824- 3/22/2016 17.A. 6 1 number, but I think, you know, certainly the 75 and 2 85 feet had been discussed previously, and then we 3 had the setback provision that we're attempting to 4 modify for that. 5 UNIDENTIFIED MALE VOICE: 75 feet is about the 6 height of the Naples Daily News. 7 MR. ARNOLD: Correct. Yeah. 8 UNIDENTIFIED MALE VOICE: Yeah. Which might 9 be 85, actual, but 75 -- 10 MR. ARNOLD: Yeah, and I think even though 11 this -- 12 UNIDENTIFIED MALE VOICE: Yeah. 13 MR. ARNOLD: -- this, what I would call a 14 bubble plan, doesn't really depict the location of 15 the hospital, I mean, obviously, there's the 16 assisted living facility that's under construction, 17 you have the strip retail center that's under 18 construction. So the hotel would be located south 19 of those structures. So you're going to get some 20 shielding from the -- is the assisted living two 21 story? 22 UNIDENTIFIED MALE VOICE: Two stories. 23 MR. ARNOLD: Two story, right, and then your 24 retail strip center will be a single-story 25 building. Packet Page -1825- 3/22/2016 17.A. 7 1 UNIDENTIFIED MALE VOICE: Right. 2 MR. ARNOLD: So we're contemplating those 3 changes. 4 Another change that we need to make after 5 doing some calculations of square footages, there's 6 right now a restriction that there's a .35 FAR 7 applicable to the IC designated. There's one, same 8 35 -- .35 FAR applicable to the B business 9 district. 10 UNIDENTIFIED MALE VOICE: I understand that 11 creek. 12 MR. ARNOLD: Yeah. And I would be happy to 13 explain it a little bit more, but we would like to 14 simply do away with the designation between the B 15 and the IC and create one .35 FAR across the 16 entirety of the PUD. 17 UNIDENTIFIED MALE VOICE: that is FAR? 18 MR. ARNOLD: FAR is floor area ratio. And the 19 county doesn't commonly use it other than for 20 senior housing at the moment. There are some 21 provisions for hotels to have a floor area ratio. 22 But, essentially, it's the amount of building area 23 to acreage of the project. And what they simply do 24 is you take the square footage of the property and 25 divide it by the square footage of the building and Packet Page -1826- 3/22/2016 17.A. 11 8 1 that's your floor area ratio, so. 2 So we're -- it's -- right now, the PUB has 3 been approved for .35 in both. I think that, just 4 given some of the numbers, the way they're working 5 with some of the proposed expansions. At Arthrex, 6 we're going to blend the lines a little bit and we 7 want the ability to have the .35 apply across the 8 entirety of the project. 9 Is that a fair description, Rich, of how we 10 think we're going to make that work? 11 MR. YOVANOVICH: Yeah. Plus, with adding more 12 square footage for the business use throws that .35 13 a little out of kilter, the business part's floor 14 area ratio. So it still keeps the entirety of the 15 project at .35. It just doesn't limit you to a .35 16 business park uses and a .35 of IC or for 17 industrial uses. 18 MR. ARNOLD: And keep in mind we have the 19 maximum square footages, which other than the 20 70,000 square feet that I described, the increase 21 and decrease that we're proposing, there are still 22 going to be square footage limitations for the 23 entirety of the project that will be there. So 24 its not like we gain a windfall. It's just going 25 to be an easier way for us to calculate and carry Packet Page -1827- 3/22/201617.A. I 9 1 forward the number for the project. 2 UNIDENTIFIED MALE VOICE: (Indiscernible) . 3 MR. ARNOLD: So did I capture all the changes? 4 MR. YOVANOVICH: That was it. 5 MR. ARNOLD: And some of you have an updated 6 aerial photograph. I apologize. I didn't print 7 out a fresh one, but it shows the construction, at 8 least, of the extended care hospital on the portion 9 of the property. Its the curved building that you 10 see. And then, of course, the other things you see 11 that are under construction. 12 Nancy, did I leave out anything? I didn't 13 really talk about process. Let me tell you where 14 we are in the process. 15 We've gone through the sufficiency review. We 16 have not resubmitted to the county to show them the 17 change to the FAR nor to the setback for the hotel 18 use. Those are things that we'll need to submit to 19 them. They will continue to review it. 20 Our next step and the next time you would get 21 notice would be for the Collier County Planning 22 Commission hearing. And that's likely, at this 23 point, to be, the best case, probably August. I 24 think probably best case. And then after the 25 planning commission, they will make a • • Packet Page-1828- • • • 3/22/201617.A. 1 1 i i 4 10 1 1 recommendation on the project and that would go to 2 the Board of County Commissioners. And they're on 3 break, essentially, after tomorrow -- well, they 4 have one more meeting in July, but they will be on 1 5 break until early September, so the earliest we i 6 would be on their agenda is going to be sometime in 7 September. I think the first agenda, I think, is i a 8 probably already filling up, so my guess is we 1 9 won't make it on the first agenda in September, but 10 best case, maybe the second meeting in September. 11 MR. WARBERT: Excuse me. i 12 MR. ARNOLD: Yes, sir. /"N 13 MR. WARBERT: My name is Art Warbert 1 14 (phonetic) and I'm a resident of Colliers, but I'm 15 also a resident of Remington Reserve. 16 MR. ARNOLD: Oh, okay. 17 MR. WARBERT: And on the board here at 18 Remington. 1 19 This is more of a curiosity question. In that 1 20 property, there was a certain amount for preserve, • 21 right? 22 MR. ARNOLD: Correct. 23 MR. WARBERT: And did you just shrink it? 24 MR. ARNOLD: We're proposing to go offsite to 25 mitigate it. n Packet Page -1829- 3/22/2016 17.A. 11 1 MR. WARBERT: That was the word I don't 2 understand. What do you mean, offsite? Is it 3 Mississippi or where is it? 4 MR. ARNOLD: Well, I think the county is going 5 to require that it's in Collier County. We just 6 haven't identified the specific location yet for 7 the location of the relocated preserve. I mean, 8 the area we're talking about is back here by the 9 treatment plant and the mini storage. It really, 10 from a functional standpoint, doesn't have a lot of 11 wildlife habitat benefit. It's not the greatest 12 quality. 13 So from the Collier's business standpoint, it 14 makes more sense for them to try to make it a 15 functional part of their business park or business 16 campus, if you will, than to provide a couple of 17 acres on site for the preservation. 18 MR. WARBERT: So that where that's going to go 19 (indiscernible) . 20 MR. ARNOLD: We don't know yet. Colliers, 21 obviously, have a significant amount of land 22 holdings in the county. So I think there's ample 23 opportunity for them to identify a place that would 24 be appropriate. I just don't think we've gotten 25 there with staff yet. Packet Page -1830- 3/22/2016 17.A. 12 E6r EE 1 UNIDENTIFIED MALE VOICE: A couple of things. 2 One is you might just identify what buildings are 3 going where there. I mean, not on -- maybe not so 4 much this one, but the other one. You showed us 5 before because -- 6 UNIDENTIFIED MALE VOICE: Right. 7 MR. ARNOLD: That one? 8 UNIDENTIFIED MALE VOICE: Well, yeah. I mean, 9 the -- 10 MR. ARNOLD: Well, you have (indiscernible) . 11 UNIDENTIFIED MALE VOICE: Yeah, I did. And -- I 12 MR. ARNOLD: This is all the conceptual zoning 13 stuff. I think when we met with you separately, { 14 David had a plan that actually showed physical 15 building footprints for what they're proposing 16 longer term here. 17 UNIDENTIFIED MALE VOICE: Right. 18 UNIDENTIFIED MALE VOICE: Well, just so the 19 hotel, though, is -- is -- is sort of in the -- i 20 it's in back of the two-story dementia care center. 21 UNIDENTIFIED MALE VOICE: Yes. 22 UNIDENTIFIED MALE VOICE: Okay. But then 23 there's going to be another building that will be 24 south of the hotel. 25 UNIDENTIFIED MALE VOICE: Yes. So what we're i Packet Page -1831- • • 3/22/2016 17.A. 13 1 looking at is you have the memory care facility 2 here. 3 UNIDENTIFIED MALE VOICE: Right. 4 UNIDENTIFIED MALE VOICE: The hotel would be 5 here. And then here we are looking at a skilled 6 nursing facility that is being done in conjunction 7 with the long-term acute care hospital. And that 8 was primarily the reason that we sited it there is 9 the proximity to the hospital. 10 In addition to the retail center that you see 11 under construction right now, we also have plans 12 for a three-story office building that would be 13 along Goodlette-Frank Road. So as Wayne was 14 pointing out, the views of the hotel are very 15 diminished with everything else that's going on 16 around it. 17 UNIDENTIFIED MALE VOICE: I -- one other 18 thing, and that really -- that's actually one 19 question, but it's three parts. And that is the 20 plans relative to particularly landscaping. I 21 mean, landscaping, lighting and signage is relevant 22 and it's particularly relevant, I think, because, 23 in all fairness, Creekside did a nice job west of 24 Goodlette and always has. I mean, even when the 25 gas station went in, you know, you got live oaks Packet Page-1832- 3/22/2016 17.A. 1 i i k 14 i i 1 all the way along there and shrubbery and we would 2 hope that there's a consistency that extends down 3 Immokalee and down Goodlette. 1 4 UNIDENTIFIED MALE VOICE: Yes, definitely. I{ 5 UNIDENTIFIED MALE VOICE: Yeah. 6 MR. ARNOLD: Can I interrupt? 7 UNIDENTIFIED MALE VOICE: Yeah. 1 8 MR. ARNOLD: You mentioned one thing that I 9 think is important, and I forgot to mention is one 10 of the deviations that we're also seeking. And I r 11 don't have the details on the sign, but the 1 12 shopping center that's under construction, we're �.."k 13 going to be asking for a deviation. ) r 14 The code right now allows it to have a typical 15 directory-type sign for a shopping center, but it 1 16 says it can only be at the entrance and I think 17 Barron Collier is interested in having it somewhere 18 either mid site between Creekside -- I'm sorry -- 19 Creekside Boulevard and Goodlette-Frank Road. 1 1 20 UNIDENTIFIED MALE VOICE: Right. k 21 MR. ARNOLD: So I just wanted to mention that. 22 UNIDENTIFIED MALE VOICE: Between Goodlette 1 23 and Immokalee? 1 1 24 MR. ARNOLD: Rather than just having it at the 1 25 entrance. Packet Page -1833- ' 3/22/2016 17.A. 15 1 UNIDENTIFIED MALE VOICE: Between -- between 2 Creekside Boulevard and Goodlette. 3 UNIDENTIFIED MALE VOICE: But on Immokalee? 4 UNIDENTIFIED MALE VOICE: But on Immokalee. 5 UNIDENTIFIED MALE VOICE: On Immokalee, yes. 6 MR. ARNOLD: And I forgot to mention, anybody 7 who wants a copy, I think you all probably do at 8 Colliers Reserve, but if you want a copy of 9 anything that we're proposing so you can see all 10 the tract edits, the uses. I think we went over 11 all the proposed uses with you. The brewery was 12 kind of the curve ball that we threw in, but the 13 other uses were typical strip center stuff for 14 business park. 15 UNIDENTIFIED MALE VOICE: Back on the sign 16 just for a little bit. Sort of how much larger 17 will the sign be than what is -- 18 UNIDENTIFIED MALE VOICE: Code. 19 UNIDENTIFIED MALE VOICE: Code, yeah. 20 MR. ARNOLD: I don't think we're asking for -- 21 UNIDENTIFIED MALE VOICE: We're not asking for 22 a deviation on the dimensional standards of it. 23 It's more -- it's the placement of it. 24 UNIDENTIFIED MALE VOICE: Oh, okay. I got 25 you. Okay. /Th Packet Page -1834- 3/22/2016 17.A. 16 1 The other thing would be is, if there's going 2 to be a coffee -- I don't know anything about -- 3 about how the cars are going to go. A comment I 4 would make is this intersection gets busier and 5 busier. If you get a drive-through that might be 6 hypothetically a Starbucks, you know, that 7 generates a lot of traffic, you know, for anybody 8 that goes over to the McDonald's over by Walmart, 9 you'll see that, you know, a lot of the time of 10 day, cars are literally sort of coming out that 11 parking lot trying to get in through the 12 drive-through. t".1 13 MR. ARNOLD: I think, keep in mind, the 14 restriction that we're imposing isn't so -- we 15 don't want a McDonald's, and that wasn't the intent 16 of the restriction. We think -- the restriction, 17 initially, was so that you couldn't have 18 McDonald's, Burger King, Kentucky Fried Chicken, 19 the whole host of those. I know you're sensitive 20 to that being at your front door. 21 This really would modify the restriction so we 22 could not have a freestanding fast food which is 23 going to rule out, I think, the gamut of most of 24 the things we typically associate with fast food. 25 UNIDENTIFIED MALE VOICE: Yeah, and I ( , Packet Page -1835- 3/22/2016 17.A. 17 1 appreciate that. But that wasn't really my point. 2 MR. ARNOLD: Okay. 3 UNIDENTIFIED MALE VOICE: My point was 4 actually more the traffic flow and the amount of 5 traffic if it's a -- if it's a transaction place 6 like a Starbucks that generates a lot of traffic, • 7 because, you know, that's a -- that's a busy 8 intersection, but it's going to become a lot 9 busier, particularly when we all know that the 10 county wants to make Goodlette-Frank, you know, a 11 four-lane road coming up through Pelican Marsh. 12 MR. ARNOLD: Uh-huh. 13 UNIDENTIFIED MALE VOICE: You know, and that's 14 going to happen. And so, you know, it -- we're not 15 traffic experts. That's not our point. You know, 16 it's just that that's going to add a lot more 17 traffic if it's -- if it's a -- if it's a Starbucks 18 kind of place than it is if it's a nail salon. 19 MR. ARNOLD: Sure. 20 UNIDENTIFIED MALE VOICE: Yeah. 21 MR. ARNOLD: No, understood. 22 UNIDENTIFIED MALE VOICE: And so the traffic 23 flow and how that works needs to -- you know, is 24 important. 25 MR. ARNOLD: And I think we talked to you a Packet Page -1836- 3/22/2016 17.A. 18 1 little bit about that. I mean, there's going to be 2 a right in, right out access point that serves the 3 center on Goodlette-Frank Road, and then there 4 would be access at Creekside Boulevard, which is a 5 directional left, right? 6 UNIDENTIFIED MALE VOICE: Directional 7 (indiscernible) . 8 UNIDENTIFIED MALE VOICE: Sort of hitchhiking 9 on Jim's -- when you get a plan approved, and I 10 know nothing about it, do you have to approve where 11 there's going to be stoplights? Is that part of 12 the plan? 13 UNIDENTIFIED MALE VOICE: Typically, yes. 14 UNIDENTIFIED MALE VOICE: Can you tell me 15 where there's going to be stoplights added from 16 where they are now? I 17 MR. ARNOLD: There's proposed to have one at 18 the entrance that will go up the road that always 19 goes -- is it Creekside Way? • 20 UNIDENTIFIED MALE VOICE: Creekside Boulevard. 21 MR. ARNOLD: Yeah, Creekside Boulevard that 22 extends all the way to US 41, the signal recently 23 went up in front of the Granada Shoppes. 24 UNIDENTIFIED MALE VOICE: Is that the only one 25 that's planned in this plan? r\ 1 Packet Page -1837- 3/22/2016 17.A. tt ' 19 1 MR. ARNOLD: Well, there was another one 2 that's already in place that's at Goodlette and 3 then you have one at the other entrance that you 4 all use. 5 UNIDENTIFIED MALE VOICE: But the only new one 6 is the -- 7 UNIDENTIFIED MALE VOICE: The east side -- f 8 UNIDENTIFIED MALE VOICE: (Indiscernible) is 9 right there. 10 UNIDENTIFIED MALE VOICE: This one -- 11 UNIDENTIFIED MALE VOICE: Yes. 12 UNIDENTIFIED MALE VOICE: -- would eventually 13 come in once it's -- once it meets (indiscernible) . 14 UNIDENTIFIED MALE VOICE: Yeah, I understand. 15 MR. ARNOLD: Anything else? 16 UNIDENTIFIED MALE VOICE: So back to the 17 landscaping, my last question. 18 You know, so any comment about the 19 landscaping? 20 MR. ARNOLD: Well, there's standards in the 21 PUD right now that have landscaping standards for 22 Immokalee Road that I think you all have been 23 through. That's -- nothing is changing with regard 24 to that. 25 UNIDENTIFIED MALE VOICE: Yeah. Well, and I Packet Page -1838- 3/22/2016 17.A. i x 20 Z 1 knew that it had to meet standards. It was just, t 2 you know, our hope that it would be similar to what P 3 you've done on the west side. 1 4 UNIDENTIFIED MALE VOICE: The pallet will be 1 5 similar as to what's been done on the west side, 1 6 but just keep in mind that, on the west side, you 7 know that's to -- it had a 15-year head start, so 3 1 8 that the, you know, the maturity of the vegetation 1 9 is -- there's going to be a disparity there until 10 such time -- E 11 UNIDENTIFIED MALE VOICE: Oh, I know that. 12 UNIDENTIFIED MALE VOICE: -- that it can catch 1 i 9 13 up, but, yes, I mean we plan on making it have a i 14 similar theme between the two areas. 15 MR. ARNOLD: Anything else? Did I leave 4 16 anything out? I captured all those, but 17 (indiscernible) do it again. I 18 (Multiple simultaneous speakers.) i i 19 MR. ARNOLD: We'll keep in mind, too, that we I 20 already have.a dialogue with the folks at Colliers 21 Reserve, but, you know, there's every chance that s 22 there's going to be some more give and take with 23 staff as we continue through the process. 24 So like I said, you know, we've got contact ' 1 i 25 information for you. We'll be happy to get you I n Packet Page -1839- 3/22/2016 17.A. 21 1 changes as we resubmit to the county or they 2 request changes. They (indiscernible) . I don't 3 know. Nancy just hasn't had the benefit of seeing 4 some of this on paper yet, so. 5 UNIDENTIFIED FEMALE VOICE: When do you think 6 it will be in? 7 MR. ARNOLD: Soon. 8 UNIDENTIFIED FEMALE VOICE: It sounds like 9 it's up to David. 10 MR. GENSON: Yeah. I mean, I think we'll be 11 ready to resubmit here within the week. /"N 12 UNIDENTIFIED FEMALE VOICE: Cool. 13 MR. ARNOLD: Yeah, we need -- we need to work 14 on some of the FAR language just to make sure we're 15 covered and gets it where we want it to be. 16 MR. GENSON: And there was one comment from 17 the county attorney that we're just getting 18 addressed. 19 MR. ARNOLD: Oh, right. I forgot about that. 20 They wanted authorization from Arthrex with regard 21 to the change. So we're working on getting that 22 letter from Arthrex. We had to contact the postal 23 service as well, but they were in no -- no response 24 from them. 25 UNIDENTIFIED MALE VOICE: Oh, really? Packet Page -1840- 3/22/2016 17.A. 22 1 MR. ARNOLD: We maybe haven't received their 2 mail. I don't know. 3 UNIDENTIFIED MALE VOICE: They use FedEx. 4 MR. ARNOLD: Anyway, anything else from 5 anybody? 6 UNIDENTIFIED MALE VOICE: You had made comment 7 when we met earlier about the west side. That's 8 all bought up by Arthrex now; is that correct? 9 UNIDENTIFIED MALE VOICE: Close to it. 10 They've -- they've closed on the Royal Palm Bank 11 and the Polaris building and will be buying the 12 medical offices and the vacant land down here. So 13 they will own basically all of this. They already 14 own that and then they obviously have their complex 15 down here. 16 UNIDENTIFIED MALE VOICE: Yeah. So they're 17 buying the large vacant piece of property right 18 here? 19 UNIDENTIFIED.MALE VOICE: That's correct. 20 UNIDENTIFIED MALE VOICE: Okay. 21 MR. ARNOLD: All right. 22 UNIDENTIFIED MALE VOICE: Yep. 23 MR. ARNOLD: Anything else? Did I forget 24 anything? No? Rich, you were taking notes back 25 there. Get all the proposed changes? ^ ' 1 Packet Page -1841- 3/22/2016 17.A. i 4 i 23 1 MR. YOVANOVICH: You got all the highlights. 2 MR. ARNOLD: Okay. Good. Pi 3 Well, you know how to reach us. So feel free 4 to contact us if you have any other questions. 5 Like I said, we'll certainly keep you in the loop ( 6 and keep the dialogue going. 7 Thanks. 8 UNIDENTIFIED MALE VOICE: Thank you, Wayne. 9 MR. ARNOLD: Are we closed? Adjourned? 10 UNIDENTIFIED MALE VOICE: Adjourned. 11 MR. ARNOLD: Okay. Thank you all. 12 (Recording concluded.) 13 14 15 16 17 18 19 20 21 22 23 24 25 Packet Page -1842- 3/22/2016 17.A. 24 1 STATE OF FLORIDA 2 COUNTY OF COLLIER 3 4 I, Joyce B. Howell, do hereby certify that: 5 1. The foregoing pages numbered 1 through 23 6 contain a full, true and correct transcript of 7 proceedings in the above-entitled matter, transcribed 8 by me to the best of my knowledge and ability from a 9 digital audio recording. 10 2. I am not counsel for, related to, or 11 employed by any of the parties in the above-entitled 12 cause. 13 3. I am not financially or otherwise 14 interested in the outcome of this case. 15 16 SIGNED AND CERTIFIED: 17 18 19 20 Date: June 29, 2015 21 22 23 24 25 Packet Page -1843- 3/22/2016 17.A. 1 IrE IR 1 2 3 4 5 TRANSCRIPT OF THE 6 NEIGHBORHOOD INFORMATION MEETING 7 FOR CREEKSIDE COMMERCE PARK CPUD 8 March 4, 2015 9 5:30 p.m 10 11 12 13 Appearances: 14 WAYNE ARNOLD RICHARD YOVANOVICH, ESQ. 15 TIMOTHY HALL NANCY GUNDLACH 16 SUE FAULKER DAVID GENSON 17 18 19 20 21 22 i 23 24 25 Packet Page -1844- 3/22/2016 17.A. H 2 9r 1 MR. ARNOLD: All right. Good evening, 2 everybody. I'm Wayne Arnold with GradyMinor, and 3 this is Sharon Umpenhour, who you received your 4 neighborhood information meeting notice letter 5 from, and we're recording the meeting as we're 6 required to by the county. 7 David Genson, who most of you have met before, 8 with Barron Collier Companies, Rich Yovanovich, 9 land use lawyer you guys know. 10 And in the back of the room is Tim Hall. He's 11 our environmental consultant, in case anybody had 12 any questions about the environmental changes we 13 were making. 14 Nancy Gundlach is the staff planner 15 coordinating the zoning amendment. And behind her 16 is Sue Faulker, who is with now the comprehensive 17 planning group, and she's kind of monitoring. 18 She's moved over from the MOP into long-range 19 planning, so she's seeing what we do. 20 UNIDENTIFIED FEMALE VOICE: (Indiscernible) . 21 MR. ARNOLD: Yeah, so -- so you all got notice 22 we're revising again the Creekside PUD. We're . 23 proposing amendments to it. 24 And, generally, what we're doing is expanding 25 the business district uses by 70,000 square feet. ' 1 Packet Page -1845- 3/22/2016 17.A. t ti 3 1 We're making a reduction in the industrial square 2 footage by 70,000 square feet and the business 3 district uses get broken up an additional 20,000 4 square feet of retail and another 50,000 square 5 feet of office. 6 So we've also -- I think, to the Collier's 7 Reserve folks, we've provided the list of uses 1 8 that's the most current that we sent you last week, 9 Nancy, that has the list of proposed uses, and 10 generally what we were trying to do, there's a site 11 development plan pending in Collier County right 12 now for a retail center at the corner of 13 Goodlette-Frank Road and Immokalee Road, and the 14 idea is to allow that to become more of a true 15 retail center and put uses in it that you would 16 commonly find in a lot of other retail centers. 17 When this was originally drafted and approved 18 back in the county, the uses were thought, really, 19 were going to be more medical/retail oriented, and 20 I think the idea here is to put more uses that are 21 more commonly found in strip centers. 22 One of the uses, and I'll point out that we 23 added to the list, was a brewery, which is not a 24 traditional C4 use, but the idea that the Barron 25 Collier folks have is to put in a small craft beer Packet Page -1846- 3/22/2016 17.A. 4 1 facility in which you could taste and, I guess, 2 potentially buy craft beers that are manufactured tt 3 in that small space. 4 We don't have a limitation in the version of 5 the document that was sent to you, but Mr. Genson 6 assures me that we will limit the size of that 7 facility to 2,000 square feet. 8 So that will be a change that we'll make, 9 Nancy, and get to you, and any other changes that 10 may come about, we'll certainly consider and make 11 those. 12 What we're also proposing to do affects the 13 master concept plan. The plan that's currently 14 approved for Creekside looks like this, okay? And 15 what we're really talking about changing all lies 16 east of Goodlette-Frank Road. And what we're -- 17 you can see the lake that was on the aerial that's 18 been constructed back in this triangular-shaped 19 lake down in here. And this is all preserve 20 adjacent to it. 21 What we're proposing to do is modify that so 22 that the lake gets reclaimed in part, reshaped, the 23 preserve gets smaller and the business tract 24 extends south behind what's being built -- is that 25 (indiscernible) assisted living? I'm not sure how Packet Page -1847- 3/22/2016 17.A. 5 1 you refer to it. 2 But so it would -- 3 UNIDENTIFIED MALE VOICE: It's down at the 4 corner, right? 5 MR. ARNOLD: Yes. It's at our far eastern 6 corner. 7 UNIDENTIFIED MALE VOICE: Right. 8 MR. ARNOLD: So I'll just try to hold those ffi 9 next to each other. You can see the business tract 10 extends. And in doing so, we're reshaping the 11 preserve and lake, and in doing the reshaping of 12 the preserve, it doesn't really impact you 13 directly, but the county has a minimum requirement 14 for retaining vegetation on site. We're proposing 15 to go offsite with about two acres of our preserve. 16 And so that's really the bulk of the master 17 plan change. We've updated the acreages to reflect 18 the changed business tract acreages and the 19 vegetation, both the wetland and upland areas, 20 rectifying those acreages with the new plan. 21 And that's kind of the genesis of what we're 22 trying to do. I mean, you all have the benefit of 23 -- are you from Collier's Reserve too? 24 UNIDENTIFIED FEMALE VOICE: Yes. 25 MR. ARNOLD: You are? So all of you have had Packet Page -1848- 3/22/2016 17.A. 6 1 the benefit at least of seeing the detailed list, 2 and that's good. 3 So, you know, if anybody has any specific 4 questions, we can certainly talk about them. 5 UNIDENTIFIED MALE VOICE: So everything is 6 right across the street from our entrance. Nothing 7 changes there? 8 MR. ARNOLD: Well, I mean, technically, not 9 with this proposal, but I will tell you that with 10 the B district changes that are proposed, they're 11 not specific to only the eastern tract. So, 12 theoretically, that business tract could get some 13 of these other uses. I don't think the Polaris 14 office building is likely to put in a hardware 15 store in the bottom floor, but, technically, the 16 way this is structured, it applies throughout the B 17 district, all of these uses. 18 So we've asked for those uses, deviation 19 related to the offsite preserve and then the 20 revised master plan. 21 Yes, sir? 22 UNIDENTIFIED MALE VOICE: (Indiscernible) 23 preserve (indiscernible) . 24 MR. ARNOLD: Where is it going to be located? 25 I don't think we know for sure yet. Tim Hall, our 1 Packet Page -1849- 3/22/2016 17.A. I 1 7 t 1 environmental consultant with Terrell Hall, has 2 looked at some other parcels for the county. 3 Barron Collier is doing the rezoning for a project 4 out in Immokalee that also will require some 5 offsite mitigation. So we're looking at some 6 parcels that would satisfy the requirements for 7 this two-acre offsite preserve and the preserve 8 requirements for that parcel as well, but today we 9 haven't identified a specific location. 10 UNIDENTIFIED MALE VOICE: Is that typical 11 (indiscernible) ? /"N 12 MR. ARNOLD: Well, it's only fairly recent 13 that you've been allowed to go offsite for 14 preserves at the county. So it's kind of new. I 15 haven't had any experience where we've had to 16 identify the exact location. 17 Rich, you may have. I don't ...- 18 MR. YOVANOVICH: Yeah. 19 MR. ARNOLD: I don't know. But I'm not aware 20 of any where we've had to identify up front where 21 we're doing the offsite mitigation. 22 UNIDENTIFIED MALE VOICE: (Indiscernible) 23 preserve would be out east of our (indiscernible) . 24 MR. ARNOLD: Well, and that's, technically, a 25 possibility. I mean, that's where the larger green Packet Page -1850- 3/22/2016 17.A. is 8 ( 1 spaces are. From the -- I can't speak for the 2 county environmental person, but when you look at 3 this, once you develop all this, and we've got this 4 little strip of preserve left, its functional value 5 for wildlife or the environment are pretty limited 6 when you see it sandwiched between a wastewater 7 plant and the park that's got its improvements and 8 then, you know, the business uses. So you've got 9 two acres of area that really doesn't satisfy a 10 whole lot. 11 So we would look to have it in an area that is 12 more contiguous to more open space or other 13 preserve lands. 14 UNIDENTIFIED MALE VOICE: Where's the filling 15 station? 16 MR. ARNOLD: This is the 7-Eleven here. 17 UNIDENTIFIED MALE VOICE: Okay. So there will 18 be something going in beside that? 19 MR. ARNOLD: Yeah. I think that was purchased 20 by a local doctor (indiscernible) . 21 UNIDENTIFIED MALE VOICE: Like mostly medical? 22 MR. ARNOLD: He is a -- the doctor, the 23 person, I think, is a plastic surgeon, if I'm not 24 mistaken. 25 UNIDENTIFIED MALE VOICE: Okay. .�1 Packet Page -1851- 1 3/22/2016 17.A. 1 1 9 pg L 5� k 1 MR. ARNOLD: But I mean, it doesn't mean he 1 I 2 couldn't sell it. 3 UNIDENTIFIED MALE VOICE: Right. k 4 MR. ARNOLD: But a plastic surgeon did buy it 5 (indiscernible) interest in building on it. r 3 6 UNIDENTIFIED MALE VOICE: That's where the 7 tire store was going to be. h 8 UNIDENTIFIED MALE VOICE: Right. Plastic 9 surgeon (indiscernible) . 10 MR. ARNOLD: Exactly. Presto-chango, tire 11 store (indiscernible) plastic surgeon. �' 12 UNIDENTIFIED MALE VOICE: That might be 13 compatible. 14 But how about the food market? When you 15 talked about the -- the use of the food -- 3 16 MR. ARNOLD: Oh, yeah, I should explain that, 17 too. Under the -- under eating places, for 18 instance, we want to take out the reference to the 19 -- we added a reference to standalone and it says, 20 and drive-through. 21 And we put in there -- we talk about 22 standalone, because as part of David's, you know, 23 retail center, there's an opportunity to have a 24 pickup window for a -- we'll call it a doughnut 25 shop that might want to locate as an end-cap unit Packet Page -1852- 3/22/201617.A. 10 1 in the shopping center portion of this. 2 So, in order to make sure that the county 3 doesn't want to consider that to be a fast food 4 restaurant, we're trying to caveat this so that -- n 5 when this was originally done, I think the intent 6 was to keep out the McDonald's, Burger Kings, KFCs, 7 and things like that, but the world has evolved a 8 little with these and the Dunkin Donuts and the 9 Starbucks of the world, where the other uses used 10 to not have a pickup window, currently do. So 11 we're trying to clarify that. 12 And part of that clarification is the county 13 doesn't really classify a doughnut shop as a 14 restaurant. A coffee shop is a restaurant. A 15 doughnut shop is a retail bakery. And, you know, 16 that's because the county uses the standard 17 industrial classification rule that was written in 18 19 something that preceded the internet and most of 19 the other uses we find. So we use this fine book 20 that the county still references, called the 21 Standard Industrial Classification Manual, written 22 by our federal government back in the '60s. 23 So there's no reference to internet or 24 computers in here unless you're working at NASA, 25 so. Packet Page -1853- 3/22/2016 17.A. 11 fr 1 UNIDENTIFIED MALE VOICE: So you're -- when 2 you're asking for another permitted use of a retail 3 bakery, that's what you're considering as like a 4 doughnut shop or something of that nature? 5 MR. ARNOLD: Correct. Yep. 6 UNIDENTIFIED MALE VOICE: Does Starbucks come 7 under that or not? 8 MR. ARNOLD: Starbucks actually comes under 9 the eating places that are already approved. 10 UNIDENTIFIED MALE VOICE: The eating places? 11 MR. ARNOLD: I mean, it's odd, just the /"\ 12 semantics of the way they're referred to in our 13 codes, but that's where we are. I mean, in a lot 14 of other jurisdictions, they have more generic 15 terms to refer to these. 16 UNIDENTIFIED MALE VOICE: The drive-in window 17 has the same impact on (indiscernible) traffic 18 flow, probably, right (indiscernible) Collier 19 County? 20 MR. ARNOLD: Well, the good news is, for them, 21 in designing a retail center with a pickup window 22 on one end, they can deal appropriately with the 23 stacking and the ingress and egress, and knowing 24 that it's not going to be a standalone facility as 25 an outparcel right on the corner, we hope, gives Packet Page -1854- 3/22/2016 17.A. /.4 12 1 you some comfort that this is just another 2 functional part of this shopping center. 3 UNIDENTIFIED MALE VOICE: Normal traffic would 4 increase, probably? ( 5 MR. ARNOLD: Well, I mean, I think the 6 traffic, you know, we've done the traffic analysis 7 and -- 8 UNIDENTIFIED MALE VOICE: Did it have an 9 impact on the traffic? 10 MR. ARNOLD: No. I mean, from the county's 11 standpoint, a shopping center includes such a wide 12 gamut of uses, and the traffic analysis that was 13 done doesn't have any problems with functional 14 capacity of the roads, et cetera. 15 I think you're going to see some big benefits 16 once the light is fully functional, and David, you 17 may (indiscernible) . I know the mast heads have 18 all been installed, the one at Creekside. I think 19 they're planning, by the end of April, to have it 20 (indiscernible) after season. 21 UNIDENTIFIED MALE VOICE: Is that on Creekside 22 Boulevard? 23 MR. ARNOLD: Yes, sir. 24 Anything else? 25 Are you going to yell at us? (Indiscernible) . Packet Page -1855- 3/22/2016 17.A. 13 1 UNIDENTIFIED MALE VOICE: We'd like to. We, 2 from Collier's Reserve, essentially, we bought 3 property from your -- from your same company. 4 MR. ARNOLD: Right. 5 UNIDENTIFIED MALE VOICE: Cousins. 6 MR. ARNOLD: Cousins, yeah. 7 UNIDENTIFIED MALE VOICE: Cousins. 8 UNIDENTIFIED MALE VOICE: Well, yeah, it could 9 be cousins. 10 MR. ARNOLD: Family. 11 UNIDENTIFIED MALE VOICE: But I'm sure that ^ I 12 you all had in mind when we bought in there, and it 13 was kind of peaceful out here, that you were going 14 to pack us up with all this trash later on. I 15 mean, this wasn't something you just dreamed up 16 yesterday. It's probably 15, 20 years -- 17 MR. ARNOLD: Well, things have evolved a lot. 18 You know, when I was at Collier County government, 19 working there, this was going to be a regional mall 20 and proposals had been submitted to make this a 21 large regional mall, and that went away in favor of 22 the business park that you see now, which I think 23 has turned out to be a really beautiful park. It's 24 well landscaped and it's matured now over time and 25 I think the uses we're trying to do here are just Packet Page -1856- 3/22/2016 17.A. 14 f 1 complementary to everything that happens in this 2 area. 3 I know that, from a retail standpoint and a 4 dining standpoint, I think that there's an 5 underservice in this sort of west of Airport Road 6 market, and I think David, you know, you guys know 7 the math and the numbers, but I think that, you 8 know, you feel like there's more retail 9 opportunities that can certainly make it right 10 here. 11 UNIDENTIFIED MALE VOICE: Who are you planning /�,� 12 on serving with all of this stuff? People from 1 13 Collier's Reserve and Imperial and folks like that? 14 MR. ARNOLD: Hopefully -- I mean, hopefully, 15 • you, too. But I mean, when you look at the 16 employment that Arthrex has there on a daily basis, 17 I mean, you've got a ready supply who are, you 18 know, need a dry cleaner, need a restaurant, need, 19 you know, all the stuff to do, and hardware store 20 and whatever the case may be. 21 UNIDENTIFIED MALE VOICE: But all the 22 entrances and exits will be inside? 23 MR. ARNOLD: Yes. As -- you see the road 24 alignment that's been constructed in front of the 25 hospital and goes all the way now through to n Packet Page -1857- 3/22/2016 17.A. 15 1 Immokalee Road. This is our master plan. That's 2 this road. 3 UNIDENTIFIED MALE VOICE: And it doesn't 4 change. 5 UNIDENTIFIED MALE VOICE: No. 6 MR. ARNOLD: There's no other access point 7 that's shown -- 8 UNIDENTIFIED MALE VOICE: A right in, right 9 out. 10 MR. ARNOLD: A right in, right out that's 11 probably in this area that's been on the master 12 plan up here for a long, long time, yeah. That's 13 the only (indiscernible) . 14 UNIDENTIFIED MALE VOICE: Okay. 15 UNIDENTIFIED MALE VOICE: Do you still have 16 plans to build a hotel in that area? 17 MR. ARNOLD: Well, I mean, I think the -- I 18 guess, technically, yes, it's still on the table, 19 but the reality is, I think the hospital kind of 20 took over the opportunity for a hotel. 21 UNIDENTIFIED MALE VOICE: Yeah. I mean, the 22 reality is the -- the only remaining location for 23 the hotel use would be back here in this corner. 24 UNIDENTIFIED MALE VOICE: Overlooking the 25 septic? Packet Page -1858- 3/22/2016 17.A. 'ry 16 1 UNIDENTIFIED MALE VOICE: Yeah. 2 UNIDENTIFIED MALE VOICE: I thought the hotel 3 was limited to the area where the long-term care 4 facility is being built -- 5 MR. ARNOLD: Well, I think -- a 6 UNIDENTIFIED MALE VOICE: -- from my 7 recollection. iry 8 UNIDENTIFIED MALE VOICE: The site plan that 9 Barron Collier has pending for the retail center is 10 at the corner, right? 11 MR. ARNOLD: Yes, it's for the corner parcel. 12 So I think when you (indiscernible) that, this, "\ 13 that, there's -- 14 UNIDENTIFIED MALE VOICE: I think he's asking, 15 was it limited just to where the hospital is. 16 UNIDENTIFIED MALE VOICE: Oh. 17 MR. ARNOLD: I thought it was all of tract E, 18 but we had some certain setbacks from Immokalee 19 Road. 20 UNIDENTIFIED MALE VOICE: You could take a 21 certain portion of -- 22 MR. ARNOLD: Correct. 23 UNIDENTIFIED MALE VOICE: -- of the other 24 tract for the hotel and since the hospital -- I 25 mean, the long-term care facility is now -- I don't Packet Page -1859- 3/22/2016 17.A. i. 17 1 think you'll have any room for it. 2 MR. ARNOLD: No. I don't think we will either 3 unless -- 4 UNIDENTIFIED MALE VOICE: I think it will 5 (indiscernible) to have a hotel. 6 UNIDENTIFIED MALE VOICE: Right. 7 UNIDENTIFIED MALE VOICE: {Indiscernible) . 8 UNIDENTIFIED MALE VOICE: I would think so. 9 MR. ARNOLD: Right. 10 UNIDENTIFIED MALE VOICE: But the building 11 looks like nice. They're doing a nice job. And I ! 12 did see in the plans that we don't -- we're not 13 going to have any bald cypress trees. 14 UNIDENTIFIED MALE VOICE: Yeah, and -- 15 MR. ARNOLD: I don't know. I'm not going to 16 speak to exactly what vegetation is (indiscernible) 17 or not, but, you know, the practical effect is we 18 have to ask for a deviation to go offsite with the 19 preservation. That's what we're proposing to do. 20 UNIDENTIFIED MALE VOICE: But all those 21 preserve areas, wilderness area, the one that you 22 see by your entrance and the one that's located at 23 -- behind the lake off of Goodlette stay the same 24 and (indiscernible) . 25 MR. ARNOLD: Yes, sir. Packet Page -1860- 3/22/2016 17.A. 18 1 UNIDENTIFIED MALE VOICE: Is the green space 2 going to be a drainage area there? What did you 3 call that area back there? 4 MR. ARNOLD: Which area? I'm sorry. 5 UNIDENTIFIED MALE VOICE: Where the pond was. 6 MR. ARNOLD: Where this pond was? 7 UNIDENTIFIED MALE VOICE: Yeah. 8 MR. ARNOLD: The lake gets reshaped -- 9 UNIDENTIFIED MALE VOICE: It's still going to 10 be there. 11 MR. ARNOLD: -- from the triangular shape into 12 more of a rectangular shaped lake. 13 UNIDENTIFIED MALE VOICE: So there is going to 14 be a pond? 15 MR. ARNOLD: Oh, yes. 16 UNIDENTIFIED MALE VOICE: So you've got some 17 set aside (indiscernible) drainage (indiscernible) ? 18 MR. ARNOLD: Yes. Anything else? 19 Nancy? We don't have hearing dates yet. I 20 mean, this process just -- been through this 21 before, but, you know, we've submitted an 22 application. 23 We're in the sufficiency stage. We're 24 required to hold a neighborhood information meeting 25 before we can go to the Planning Commission. Packet Page -1861- 3/22/201617.A. 19 2 1 We've responded to staff's sufficiency 2 comments. We haven't heard back from them to know 3 whether or not we're good to go, they need more 4 changes. So we don't have a hearing date yet. 5 My best guess tells me that we're 60 days out 6 from the hearing, I would think. 7 UNIDENTIFIED MALE VOICE: Is that with Mr. 8 Strain? 9 MR. ARNOLD: Well, no, I think this would be 10 the full Planning Commission and the Board of 11 County Commissioners. We don't qualify for the 12 hearing examiner because we're adding square r 13 footage, essentially, and we're changing open { 14 space. 15 UNIDENTIFIED FEMALE VOICE: And uses. 16 MR. ARNOLD: Oh, yeah, and uses, right. Thank 17 you. 18 So, no, we don't qualify just to go to the 19 hearing examiner. So you'll get another notice for 20 the Planning Commission. The zoning signs will get 21 posted on the property when we have that date 22 established and you all know how to get in touch 23 with us. I mean, we'll make sure you have all the 24 latest documents. 25 Sharon, I know, sent -- I forget the /-1 Packet Page -1862- ( 3/22/2016 17.A. 20 ( 1 gentleman's name that you provided information to, 2 but we'll be happy to send, you know, once we get 3 closer to hearing, whatever that information is. 4 Anything else? ( 5 UNIDENTIFIED FEMALE VOICE: Whenever you have 6 the information, you can also ask me, too. 7 MR. ARNOLD: Yeah, I'm sure Nancy has got 8 cards or can give you her e-mail. 9 Anything else? 10 Adjourned? 11 UNIDENTIFIED MALE VOICE: Thank you. 12 UNIDENTIFIED MALE VOICE: Thank you. 13 MR. ARNOLD: Thank you. Appreciate it. 14 (Proceedings concluded.) 15 16 17 18 19 20 21 22 23 24 25 Packet Page -1863- 3/22/2016 17.A. 21 1 STATE OF FLORIDA 2 COUNTY OF COLLIER 3 4 I, Joyce B. Howell, do hereby certify that: 5 1. The foregoing pages numbered 1 through 20 6 contain a full, true and correct transcript of 7 proceedings in the above-entitled matter, transcribed 8 by me to the best of my knowledge and ability from a 9 digital audio recording. 10 2. I am not counsel for, related to, or 11 employed by any of the parties in the above-entitled 12 cause. 13 3. I am not financially or otherwise 14 interested in the outcome of this case. 15 16 SIGNED AND CERTIFIED: 17 18 Date: March 9, 2015 Joyce B. Howell fi 19 20 1 21 22 1 23 24 25 li Packet Page -1864- 3/22/2016 17.A. GundlachNancy From: AshtonHeidi Sent: Friday, February 12, 2016 1:20 PM To: GundlachNancy Subject: RN: Creekside Commerce Park PUD Attachments: White Oaks_Assignment and Limitation of Density Rights.pdf; Rani Investments Assignment and Limitation of Density Rights.pdf; Bayshore Memory Care Assignment and Limitation of Density Rights.pdf; US Attorney Florida 03-26-2015.pdf; US Attorney General 03-26-2015 L.pdf; Artherx Letter 11-13-2015.pdf;Certified Mail Receipts.pdf Nancy, As you requested,attached are the owner consent documents and the letters to the US Attorney General. The United States Postal Service parcel is located in the 1/C District,and we have not received a consent from them. #60/46444-0a i Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East,Suite 800 Naples,FL 34112 (239)252-8400 f' From: Dianna Quintanilla [mailto:DQuintanilla @cyklawfirm.com] Sent: Friday,January 15, 2016 11:48 AM To: AshtonHeidi CC: David Genson';'Wayne Arnold (WArnold @gradyminor.com)'; GundlachNancy Subject: Creekside Commerce Park PUD Good morning, Please see the attached letter regarding Creekside Commerce Park PUD—Ownership Consent with relevant attachments. Thank you. Dianna QuintaniX2 COLEMAN Legal Assistant to Richard D. Yovanovich,Esq. Coleman Yovanovich&Koester,P.A. p 4001 Tamiami Trail North,Suite 300 K T R Naples,Florida 34103 (239)435-3535 (239)435-1218(f) This message is intended for the use of the Individual or entity to which it is addressed and may contain Information that is privileged,confidential and exempt from disclosure under applicable law.if the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution or copy of this communication is strictly prohibited.If you have received this communication in errorr,please notify us ,^%1,immediately by telephone and return the original message to us at the above email address.Thank you, ,^%1, 1 /Packet Page -1865- 3/22/2016 17.A. INSTR 4981950 OR 5021 PG 2418 RECORDED 3/31/2014 1:29 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $44.00 !, r ,r. 3 t I I; This Instrument prepared by: t Matthew L.Grabinski,Esq. COLEMAN,YOVANOVICH &KOESTER,P.A. , 4001 Tamiami Trail N.,#300 1 Naples,Florida 34103 i After recording return to: Collier Insurance Agency ; Attn:Brad Stockham r 2600 Golden Gate Pkwy. Naples,FL 34105 I 239-403-6869 ASSIGNMENT AND LIMITATION OF DENSITY RIGHTS ( [includes reverter for unused development ' • .. capon floor-to-air ratio for the Property) , THIS ASSIGNMENT AN t' U .ti.!,:y. V RIGHTS (this "Assignment") is made this .,ie day of March,20 �' ' ' ' ►E AS 71■' ,a Florida corporation("Assignor") T and White Oaks Real Estate yes en s of Southwest Flor 'a, I C, a Florida limited liability company("Assignee"). _ i WHEREAS,on or a.out ' ' r. s' :i�' t i p r^•nd conveying to Assignee the real is property described in Exhibit A", : . hed he• (t : !f-..e ,\t an. WHEREAS, Assign. 4 ires to assign to As '..nee, :nd '_nee desires to assume from Assignor,the right to develop , .' ' to(but no more than:•�• 0'• _ -quare feet of commercial space which may include up to(but not •d. .an)fifty(50)beds fa l`•• of a long term care facility,AND (ii)up to an additional 29 492 gross _,u• • eet of medical office c tk {�•) p g � r••measured by Collier County);and WHEREAS, Assignee agrees = t c -- tl'tsj7 •II• ent subject to the automatic forfeiture provisions and other terms and conditions set • - l NOW THEREFORE, in consideration of TEN DOLLARS ($10.00), the exchange of mutual l promises, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,Assignor and Assignee hereby agree as follows: I. Recitals. The above recitals are true and correct and are hereby incorporated in their 3 entirety in this Agreement. i 2. Density Assignment. Assignor hereby transfers,grants,conveys,and assigns to Assignee, as of this date and as an appurtenance to the Property,the right to develop up(i)up to(but no more than) 57,095 gross square feet of commercial space which may include up to(but not more than)fifty(50)beds for the operation of a long term care facility but specifically excludes medical office space,AND(ii) up to an , additional 29,492 gross square feet of medical office space(as measured by Collier County)subject to the 1 I following: (A)Any portion of the commercial space,allocation of fifty(50)beds,and/or medical office space that is not developed (by the construction of a commercial building) as determined by Assignor(and as measured by Collier County)as of the date that a certificate of occupancy is issued by Collier County for the initial building constructed on the Property(the"Forfeiture ASSIGNMENT AND LIMITATION OF DENSITY RIGHTS 1 Packet Page -1866- 3/22/2016 17.A. OR 5021 PG 2419 's k 1. ■ I Date"), shall be deemed automatically forfeited by Assignee and such commercial space, medical office space,and hospital beds shall automatically revert to Assignor. f (B)Assignor shall have the right to record a supplement to this Assignment,at any time after the I. ( ) f;n g pP g Y �� Forfeiture Date,for the purpose of evidencing the portion of the commercial space,allocation 1 of fifty(50)beds,and/or medical office space forfeited(if at all)by Assignee pursuant to sub- paragraph 2(A),above. a 3. Effect of Assignment; Maximum FAR for Property. By Accepting this Assignment, I, Assignee agrees that Assignee shall develop no more than(i)up to(but no more than)57,095 gross square feet of commercial space which may include up to(but not more than)fifty(50)beds for the operation of a long term care facility but specifically excludes medical office space,AND(ii)up to an additional 29,492 gross square feet of medical office space(as measured by Collier County)on the Property.This Assignment /. shall also constitute a direction to any governmental or private entity as to the commercial space assigned I hereunder(including the retail use rights that are subject to automatic forfeiture hereunder)and all such ;. parties are hereby authorized and directed to ••• .•• comply with any written request, notice or demand made by Assignee with respect • " ...+ i y g p _ •• .1 space. By accepting this assignment, 1 Assignee also agrees(for itself and s title)tha ea ratio(FAR)for the Property shall not at an time exceed.46 unles• -•"}•call a.•roved b As • 'n writin_ which written a.'royal must include a s•ecific referenc a t ' _ . • 'i ice 4. Acceptance. As • • �•w••" •• t.," ' •.r y, ereby accepts the foregoing assignment of density rights,s bje • o 1. r r a ion hereof. 5. No Re resell b •t..e. - . -•I• f. 1 t$� �Ass :•— n.VI ade solely for the purpose of assigning (and limiting) the •• •pment density of th=, 'rope • . the applicable Planned Unit ' Development Ordinance, and not not be deemed a 'i;, eta •46 •or warranty by Assignor that Assignee's proposed developmen ••••• Property(in a mann-r-• "• to Assignee)may actually occur I as intended by Assignee.Assignee .y -dges that various' ' afg. d governmental permits,conditions and approvals must be obtained by As - and expense)prior to Assignee being able to conduct horizontal and/or vertical •- r „- ' u at the Property. 6. Successors and Assigns. This Assignment shall inure to the benefit of and be binding 1 upon the parties hereto and their respective successors and assigns. Without limiting the generality of the foregoing,this Assignment shall be deemed a covenant running with title to the Property. 7 Miscellaneous. This Assignment shall be governed by and construed under the laws of { the State of Florida. Executed counterpart copies of the original of this Assignment shall be treated as if 1 the original were so executed and shall bind the executing party with the same force and effect as the original. 8. Recording. This Assignment shall be recorded in the Public Records of CoIIier County, Florida. l IN WITNESS WHEREOF,Assignor and Assignee have caused this instrument to be executed as of the day and year first above written. t (signatures on following pages) 3 i ASSIGNMENT AND LIMITATION OF DENSITY RIGHTS 2 Packet Page -1867- OR 5021 PG 2420 3/22/201617.A. 1 k ,I I�' 14 4 '1 1 WITNE SES: ASSIGNOR: 1 1�� 1 Creekside East,Inc., A ,►..A %� .ti s a Florida co •o;.. •• , .tio4 i, / ,i Print Name: _ - k 1 By: A _ Print Name: e....—..L.-, �..aw .,,Ss.., Do err.Baird,V pe President 1 STATE OF FLORIDA COUNTY OF COLLIER 1 i The foregoing instrument was acknowledged before me,this d? of March,2014 by Douglas E. t= 1 Baird,as Vice President of Creekside East,Inc.,a Florida corporation,on behalf of said corporation. He(v)'• ! is personally known to me or ( ) has • • as evidence of x identification. �' M '� ♦ is a ■: (SEAL) :' x MARY E. . 40 . i rodr •./ _ .i. .., _ L_ i V - ' Expires d. nary. , ••.!",e: Bowed Their• Fait • I (Type or Print) .L. CC 0 ,?,1 ;, ,ti,nE pines: • ,c, _____y 1 i C t e. Il iyy4 1 I 1 1 1 i i ASSIGNMENT AND LIMITATION OF DENSITY RIGHTS 3 Packet Page -1868- • • 3/22/201617.A. OR 5021 PG 2421 i t /..*\ • ASSIGNEE: i I Witnesses: White Oaks Real Estate Investments of Southwest Florida,LLC, f a Florida limited liability company 1 4 t� l CJ� "lame: / Print Name: K- Title: z elk L .v L`r+a i s.�1 Print Name: 4' r'�'ei} sdf° CO y STATE OF/l/&c h1 / T.,- COUNTY OF ' ',APL '/4,7,1, ,d ' The foregoing ins• ac , 'd_ •efo ' , A.7 of March, 2014 by G0/L4,Afi K ,as the Man a of AN. Real Estate Investments of Southwest Florida,LLC,a FI�' ;, 'mited liability comp• :,. b• y, f the company. He/she is (I/) F personally known to me or( ) ,. . •duced C1 as F evidence of identification. (SEAL) ,„• „o. q )410. NOTAR PICT RODNEY J.MEYR Name: 1Co�N Y d' Vie. Ngis of-Notary seal (Type or Print) e o1 Missouri Commissioned for We Girardeau Cquatt My Commission Expires: iv71Q C// /.5' o/S My Commission Expires:March 15,2015 Commission Number.1142637o i • i 1 ASSIGNMENT AND LIMITATION OF DENSITY RIGHTS 4 Packet Page-1869- *** OR 5021 PG 2422 *** 3/22/2016 17.A. i F' I EXHIBIT"A„ LEGAL DESCRIPTION OF THE PROPERTY ALL THAT PART OF TRACT "5", CREEKSIDE COMMERCE PARK EAST, PLAT BOOK 54, PAGES 84 THROUGH 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING A PART OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. COMMENCING AT THE NORTHEAST CORNER SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE !i OF SAID SECTION 27, SOUTH 01'09'43" EAST 696.85 FEET; THENCE LEAVING SAID EAST LINE SOUTH 88'50'17" WEST 559.33 FEET TO A POINT ON THE WESTERLY LINE OF CREEKSIDE BOULEVARD EAST AS DEPICTED ON THE PLAT OF SAID CREEKSIDE COMMERCE PARK EAST AND THE POINT OF BEGINNING; THENCE ALONG r° ;+�i:ii`� ,r- LINE OF SAID CREEKSIDE BOULEVARD EAST SOUTH s- . 7+�++ 4, CE CONTINUE ALONG THE WESTERLY LINE OF SAID ,+' =IDE BOUL'. ,4 •AST 126.74 FEET ALONG THE ARC OF A CIRCULA' '' CONCAVE NOR4- ..T HAVING A RADIUS OF 86.00 FEET THROUGH A E • • (-LE OF 84'2•'05 ' AND BEING SUBTENDED BY A CHORD WHICH BEARS SO: , .2' 3' e -' WES 11• .57 FEET TO A POINT /...... ON THE NORTHERLY IN • . S - • - • iEVARD EAST; THENCE . ALONG THE NORTHE r- , . BOULEVARD EAST SOUTH 84'26'05" WEST 428.1 I ' ' 0 ''N •1 ONG THE NORTHERLY LINE OF SAID CREEK' =1 ,' .8.14 T 3�'. T ALONG THE � �„ A Na ARC OF A NON-TANGENTIAL C 0�� • CURVE CON ;VE O' E;�' ST HAVING A RADIUS OF 25.00 FEET THR'if,� A CENTRAL �• E • 9'58'17" AND BEING SUBTENDED BY A CHOR• CH BEARS NO- .. t- c 48" WEST 35.35 FEET TO A POINT ON THE EAS INE OF GOODL• J'RANK ROAD (130' RIGHT OF WAY) ; THENCE ALONG 'a`"°' '',' TERLY . �r GOODLETTE FRANK ROAD (130' RIGHT OF WAY) NOR . 8 1 , : * `• 351.51 FEET; THENCE EAST 565.33 FEET TO THE POINT OF . :Y.41 ,10 CONTAINING 4.36 ACRES MORE OR LESS. I ! ASSIGNMENT AND LIMITATION OF DENSITY RIGHTS 5 Packet Page -1870- i. • _. -- 3/22/2016 17.A.- this instrument prepared by: of 5016161 OR 5065 PG 790 . • , Matthew U.:Grabinski,Esq. RECORDED 8/6l2Q14 5;02 PM PAGES 5 • COLEMAN,YOVANOVICH • DWIGHT E.$ROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA 1. "• .&KOESTER;R.A. ° . REC$44.00 • 4001 Tamiami Trail N.,•#300 , . 'Naples,'Florida 34103 - ?k • - After recording return to: ti . Collieransurarice-Agency,;LLC•' • • - Attn:-Brad Stockham • "'2600 Golden Gate.Pkwy. . ' Naples;Florida 34105 ASSIGNMENT.AND LIMITATION OF DENSITY RIGHTS . •• [providing for•automatic reversion of unused density rights] . THIS, ASSIGNMENT.. AND LIMITATION • OF• DENSITY RIGHTS (this • ' "Assignment") .is-made this'.5a'. day of August, 2014, by Creekside East, Inc., a Florida • • -corporation ('`Assignor") in favor of Bayshore.Naples Memory Care, LLC,.a Florida limited liabiIity‘company("Assignee"). •• • WITNESSETH THAT: WHEREAS;.on or.-about.the•date hereof, Assignor is selling to Assignee, and Assignee - .. • • is purchasing and acquiring from Assignor, the real-property described in Exhibit"A", attached ' ' ' • :hereto(the"Property");and . • WHEREAS, Assignor desires to assign to Assignee, and Assignee desires to assume • • from Assignor, the right to'develop'52,747 square feet of air conditioned space and 1,096 square . • feet of outside space-for a total•of 53,843 square feet of space, subject to the terms and conditions .hereof: . • . NOW'THEREFORE, -in consideration-of TEN DOLLARS ($10.00), the exchange of mutual promises,and other good-and valuable consideration,the receipt and sufficiency of which . '• 'is hereby'ackriowledged, Assignor and Assignee hereby agree as follows: 1. - ' Recitals:. The.above recitals are true and correct and are hereby incorporated in r,. ; •:their entirety in this Agreement, • 1 - 2. "Density.Assignment: Assignor hereby transfers, grants, conveys, and assigns to• • ` " Assignee, as:of this:date and as ••an appurtenance to the Property, the right to develop 52,747 . square•feet of air conditioned space and 1_,096 square feet of outside space for a total of 53,843 square,feet-of.space (the,:"Density.Rights"). Assignor acknowledges that Assignee intends to• • develop:ati assisted living facility containing at least seventy (70) beds, and the.Density Rights • assigned.hereby are intended t6 ermit such intended use of the Property, subject to Assignee • • • .. 'obtaining all other necessary approvals. • • • . 3. Effect of Assignment;Unused Density:Rights. By Accepting this Assignment, - • - Assignee agrees that.Assignee shall.develop 52;747 square feet.of air conditioned .space and • 1,096 square.feet of outside space for a total of 53,843 square'feet of space on the Property, . . . 5495281v3 Page.1 of 5 Packet Page-1871- 3/22/2016 17.A.- which will contain at least seventy(70) beds. This Assignment shall also constitute a direction to • any..governmental or private entity as to the number of square feet assigned hereunder and all such parties are hereby authorized and directed to rely upon and comply with any written request,.notice or demand made-by Assignee with respect to such assigned space. Upon the issuance of a certificate of occupancy by Collier County after the construction of the initial building on the Property, any unused Density Rights (as determined by the final building plans • •reviewed and approved by Collier County)shall automatically revert to Assignor. Assignor shall have the.right to record a notice in the Collier County public records (which notice shall include a legal description of the Property as well as the recording information for this Assignment) for the purpose of placing Assignee and Assignee's successor's in title on notice as to amount of unused'Density Rights (if any) that have automatically reverted to Assignor pursuant to the • express terms hereof. 4. Acceptance. Assignee, as the owner of the Property, hereby accepts the foregoing assignment.of Density,Rights, subject to the terms, conditions and limitations hereof, including the automatic reversionary interest in the unused Density Rights, as set forth in Paragraph 3,above, 5. .No Representation No Warranty, This Assignment is made.solely for the • purpose of assigning(and'limiting) the development density of the Property y under the applicable . Planned Unit Development Ordinance, and shall not be deemed a representation nor warranty by Assignor that Assignee's proposed development of the Property (in a manner acceptable to • Assignee) may actually occur as intended by Assignee. Assignee acknowledges that various private and governmental permits, conditions and approvals must be obtained by Assignee (and { at Assignee's risk and expense)prior to Assignee being able to conduct horizontal and/or vertical development'activities at the Property. 6. Covenant Running with the Land. The Density Rights assigned hereby shall be appurtenant to and run with title to the Property, whether or not separately conveyed, and the automatic reversionary interest in the,unused Density Rights; as set forth in Paragraph 3, above shall also encumber and run,with,title to the Property. Assignor may assign its rights to enforce the covenants and automatic reversionary interest in the unused Density Rights, as set forth in • Paragraph,3, above, to any person or entity'owning land within five hundred (500)-feet of the Property, and/or to any property owners association or condominium association established under any declaration that either encumbers the Property, or encumbers any property within five hundred(500):feet of the Property. 7 Miscellaneous. This Assignment shall be governed by and construed under the laws of the State,of Florida.' Venue for any proceeding to enforce any of the rights or obligations hereunder shall be in Collier County, Florida, and the prevailing party in any litigation shall be . entitled'to recover attorneys' fees and costs from the non-prevailing party. 8. Recording. This Assignment shall be recorded in the Public Records of Collier County,Florida. (Remainder of Page Intentionally Left Blank-Signatures Begin on Next Page) Page 2 of 5 Packet Page -1872- , .,... . _ . - 3/22/2016 17.A.- IN WITNESS WHEREOF, Assignor and Assignee have caused this instrument to be executed as of the day and year first above written. ASSIGNOR: Creekside Eat - I I 11.421141 Aufk,£ By: iL Print Name: 'P r 9LO/ 6-. Sre�lckA,�, Print NN . 5. �,., :I Title: V ( cG PRT5t DENT I► l Print Name: Lam % re-D4 L do [CORPORATE SEAL] i ll Dated: C1 7-28"-/9 g f STATE OF FLORIDA E1 COUNTY OF COLLIER The foregoing instrument was acknowledged before me this Z8 day of July,2014,by 1 $A)ra as Vitt. 1 ec of Creekside East,Inc.,a Florida co oration,on behalf of the corporation,who is personally known to me or who has produced as identification. M Awl z' Austin Public 1/ i ,><. � ustin David Howell Print Name: �lxukI o " `�h COP.04 SIDN.FF120795 itiP 45,1 is , .ems:MN 07,2018 My Commission Expires: on, Zok8 \ins 7- 1st FLORIDA NOTARY,Lie i i 1S E i I; I • Page 3 of 5 Packet Page -1873- ; '• • •. .. ,,,..- . . . , . .• 3/22/2016 17.A.- • . _ . .. . , • • , li.• . • . r . , , .^. : . • ' , . ASSIGNEE: . . , Bayshore Naples Memory Care,LLC, a Florida limited liability company -c• ; .. , .•• ; 4, ,.■ ... A/ ' • . .. , Uclx- \isk.., ' iv;. A . By . ,,,,._- ,_, ...,..t• • - Thilo 0. Best, its Manager .i 41 : • . • . ; , , • - . . . . -', . - • Print Name Le A '... ./....■ Dated: A oace r ‘, 4:D/4 / . . - .• . • • . /... ., , , . . . ,r1 .,_.• ,Ain"' '.• . , :. ' • STATE.OF V 011191A W14-- • ) ' . • ■ - tV,A i c.,1_ 4.,: - r• ) COUNTY OF ss. • ' . , - : . -• Vlo&A■ .v0OillU ) , .. . ; • - The foregoing instrument was acknowledged before me, this Nig23 of . ,2014 by.THILO D. BEST as Manager of Bayshore Naples Memory Care, ; ; . , LLC, a Florida limitedfility company,skbehalf of the'company, who is ( ),personally --- - .known to- me or ( ' ) has produced, - 11 ttLITS it,C2:KArk„. as evidence of •. .- ' •identification. .• • , . . I (SEAL) •••••• • 64' - MONICA ROGERS*: . 4 i , le ■;.•, :4- .MY COMMISSION i DO 073.94 1 i /11: - - ,r,.., . -. 4,,,,,,,. E.dedruu Now/pubvc undowntes .. ' LP A ' e I) rivf-IAA Name: • ...; ......,..i.....ana._.......6.. • i .. .... • - (Type 'nt) .: . • My Commission Expires: 1 . •.. . . . . • • 1 :; • . . r .. . . ' • i • , . . • 1 - , ] . . , 1 . I . Page4 of 5 . , .. . Packet Page -1874- EXHIBIT"A" LEGAL DESCRIPTION OF THE PROPERTY PARCEL 1; Unit 1, Creekside East Land Condominium, a Commercial Land Condominium • according to the Declaration of Condominium thereof recorded in Official Records Book 5057, ' 'page 2811 of the Public Records of Collier County, Florida; together with its undivided share in • ' the common elements. • PARCEL 2:Non-exclusive easements for the benefit of Parcel 1 as created by Declaration of Covenants,Conditions and-Restrictions and Reservation of Easements for Creekside Commerce ••'• • ' Park East,'recorded in-O.R..Book 4998 Page 3936,Public Records.of Collier County,Florida. • PARCEL 3:Non-exclusive.easements for the benefit of Parcel 1 as created by Declaration of • Condominium of Creeksid'e„East Land Condominium recorded in Official Records Book 5057, , • page 2811;of the Public Records of Collier County, Florida. • • • • .i h • • a • • • •• . • • • • ■ • • • ti . , Page 5 of 5 4 Packet Page -1875- . 3/22/2016 17.A. GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects March 26,2015 I I A. Lee Bentley, Ill (via certified mail) US Attorney for Middle District of Florida 400 North Tampa Street,Suite 3200 Tampa, FL 33602 RE: Creekside Commerce Park CPUD Amendment,Collier County, Florida Dear Mr. Bentley: This letter is being sent on behalf of our client, Creekside West, Inc. and Creekside East, Inc.to notify you of a PUD amendment to the Creekside Commerce Park Commercial Planned Development. Enclosed is a letter previously sent to all adjacent property owners, which lists the proposed changes. Please notify Heidi Ashton-Cicko, Managing Assistant County Attorney, Office of the County Attorney, 3299 Tamiami Trail East,Suite 800, Naples, FL 34112, (239) 252- 8400 or me within 30 days of receipt of this letter if you have questions or concerns. Sincerely, D.Wayne Arnold,AICP Enclosures is Cc: David Genson, Creekside West, Inc, and Creekside East, Inc.,2600 Golden Gate Parkway, Naples, FL 34105 Richard D.Yovanovich, Esq.,Coleman,Yovanovich and Koester, P.A., Northern Trust Bank Building, 4001 Tamiami Trail North,Suite 300, Naples, FL 34103 GradyMinor File is Q.Grady Minor&Associates,P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey FB 0005151 LB 0005151 LC 26000266 Bonita Springs,FL 34134 www.gradyminor.com Packet Page-1876- i 3/22/2016 17.A. GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects February 13,2015 RE: Neighborhood Information Meeting PUDA-PL20140001311,Creekside Commerce Park PUD Dear Sir or Madam: A formal application has been submitted to Collier County, seeking approval of a Planned Unit Development (PUD) Amendment, by Creekside West, Inc. and Creekside East, Inc., represented by D. Wayne Arnold,AICP of Q.Grady Minor and Associates, P.A.and Richard D.Yovanovich, Esq.of Coleman, Yovanovich and Koester, P,A.,for the following described property: The subject property is comprised of approximately 106±acres, located on the Southwest and Southeast quadrant of Immokalee Road and Goodlette-Frank Road in Section 27, Township 48 South, Range 25 East, Collier County, Florida. Creekside West, Inc. and Creekside East, Inc. is asking the County to approve this application, which proposes to add commercial land uses for which there has been expressed interest by service providers. The amount of retail commercial in the Business District of the PUD is proposed to be increased by 70,000 square feet and the amount of Industrial in the Industrial/Commerce District of the PUD is proposed to be decreased by 70,000 square feet.The uses added are allowable uses in the C-2, C-3, and C-4 Zoning Districts. These uses are compatible with the existing uses and tenants of the Creekside Commerce Park. The uses are also compatible and complementary to nearby land uses. The PUD amendment also proposes to modify the PUD and conceptual PUD Master Plan by modifying the location and amount of preserve and lake area on-site and increasing the Business District acreage to accommodate existing and proposed users within Creekside Commerce Park. Other project acreages may be modified as necessary to accommodate the proposed changes. A portion of the project's preserve area is proposed to be located off-site. You are invited to attend a neighborhood information meeting hosted by the applicant to inform nearby property owners, neighbors and the general public of the proposed PUD amendment for the subject property. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing, and will be held on Wednesday, March 4, 2015, 5;30 pm at the Veterans Community Park, Room A,1895 Veterans Park Dr.,Naples, FL 34109. If you have questions or comments, they can be directed by e-mail, phone, fax or mail to: sumpenhour @gradyminor.com, phone 239-947-1144, fax 239-947-0375, Q. Grady Minor and Associates,P.A.,3800 Via Del Rey,Bonita Springs,Florida 34134. Sincerely, Sharon Umpenhour Senior Planning Technician Q. Grady Minor&Associates,P.A. Ph.239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs,FL 34134 www.gradyminor.com Packet Page -1877 3/22/2016 17.A. It iF } a 1, u MADEIRA 1=71 C NORTH 23 - NAPLES 22 COLLIER MEDICAL 24 HEALTH TRACT 22 CENTER HEALTH F. PROJECT ° WILLOUGHBY (DRI) G fn ARDENS NAPLES IMMOKALEE , PAR VETERANS LOCATION >LI ROAD (C.R.846) �I♦. COMMONS - "` GREEN GRANAI1A "1+I,' --• .1t I \ d CC 4 SHOPP:S TREE SURREY CENTER fJL-2l PLACE IMMOKALEE REGENT z CONVALESCENT ROAD PARK U NAPLES RAN'S -� CENTER r DAILY NEWS X P•RK NORTHSIDE .. ^0E �- CE TER MEDICAL(S) M a _' ~ 27 26 d z ' i. d STONEBRIDGE V. & 25 U a ti."1 \ g? PELICAN p p CRESCENT MARSH LAKE (DRI) a ESTATES Project Location Map Packet Page -1878- f'. 3/22/2016 17.A. GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects March 26, 2015 Mr. Eric H. Holder,Jr. (via certified mail) US Attorney General US Department of Justice 950 Pennsylvania Avenue NW Washington,DC 20530-0001 RE: Creekside Commerce Park CPUD Amendment,Collier County,Florida is Dear Mr. Holder: This letter is being sent on behalf of our client, Creekside West, Inc. and Creekside East, Inc. to notify you of a PUD amendment to the Creekside Commerce Park Commercial Planned Development. Enclosed is a letter previously sent to all adjacent property owners, which lists the proposed changes. Please notify Heidi Ashton-Cicko, Managing Assistant County Attorney, Office of the County Attorney, 3299 Tamiami Trail East, Suite 800, Naples, FL 34112,(239) 252- 8400 or me within 30 days of receipt of this letter if you have questions or concerns. Sincerely, /N, 0 D.Wayne Arnold,AICP Enclosures Cc: David Genson, Creekside West, Inc. and Creekside East, Inc., 2600 Golden Gate Parkway, Naples, FL 34105 Richard D.Yovanovich, Esq.,Coleman,Yovanovich and Koester, P.A., Northern Trust Bank Building, 4001 Tamiami Trail North,Suite 300,Naples, FL 34103 GradyMinor File Q.Grady Minor&Associates,P.A. Ph.239-947-1144 Fax.239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs,FL 34134 www.gradyminor.com Packet Page -1879- 3/22/2016 17.A. 0 GradyMinor 1 Civil Engineers • Land Surveyors • Planners • Landscape Architects February 13,2015 RE: Neighborhood Information Meeting PUDA-PL20140001311,Creekside Commerce Park PUD Dear Sir or Madam: A formal application has been submitted to Collier County, seeking approval of a Planned Unit Development (PUD) Amendment, by Creekside West, Inc. and Creekside East, Inc., represented by D. Wayne Arnold,AICP of Q.Grady Minor and Associates,P.A. and Richard D.Yovanovich, Esq.of Coleman, Yovanovich and Koester,P.A.,for the following described property: The subject property is comprised of approximately 106±acres,located on the Southwest and Southeast quadrant of Immokalee Road and Goodlette-Frank Road in Section 27, Township 48 South, Range 25 East,Collier County, Florida. Creekside West, Inc. and Creekside East, Inc. is asking the County to approve this application, which proposes to add commercial land uses for which there has been expressed interest by service providers. The amount of retail commercial in the Business District of the PUD is proposed to be increased by 70,000 square feet and the amount of Industrial in the Industrial/Commerce District of the PUD is r. proposed to be decreased by 70,000 square feet.The uses added are allowable uses in the C-2,C-3, and C-4 Zoning Districts. These uses are compatible with the existing uses and tenants of the Creekside Commerce Park. The uses are also compatible and complementary to nearby land uses. i r G The PUD amendment also proposes to modify the PUD and conceptual PUD Master Plan by modifying the location and amount of preserve and lake area on-site and increasing the Business District acreage to accommodate existing and proposed users within Creekside Commerce Park. Other project acreages may be modified as necessary to accommodate the proposed changes. A portion of the project's preserve area is proposed to be located off-site. You are invited to attend a neighborhood information meeting hosted by the applicant to inform nearby property owners, neighbors and the general public of the proposed PUD amendment for the subject property, The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing, and will be held on Wednesday, March 4, 2015, 5:30 pm at the Veterans Community Park, Room A,1895 Veterans Park Dr.,Naples,FL 34109. If you have questions or comments, they can be directed by e-mail, phone, fax or mail to: sumpenhour @gradyminor.com, phone 239-947-1144, fax 239-947-0375, Q. Grady Minor and Associates,P.A.,3800 Via Del Rey,Bonita Springs,Florida 34134. Sincerely, Sharon Umpenhour Senior Planning Technician Q.Grady Minor&Associates, P.A. Ph.239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs,FL 34134 www.gradyminor.corn Packet Page-1880- , 3/22/2016 17.A. IN MADEIRA I 1 • ii-N.,\.....v.,„ NORTH 23 • COLLIER NAPLES 24 rx 22 HEALTH MEDICAL Z COLLIER CENTER SW PROF. TRACT 22 PARK P R J E T CARDS WILLOUGHBY (D co RI) GARDENS 110 1 VETERAN'S LQ AT I fJ N / z NAPLES-IMMOKALEE > ROAD (C.R. 846) .,,M0m COMMONS GRAN Au ' «_ r—113 •j�S. �,c. GREEN Q TREE _Ix MI SHOPP SURREY CENTER PLACE ZIM ROADIE REGENT CONVALESCENT PARK v0i 7 NAPLES VE RAN'S -1 CENTER a DAILY NEWS % P'RK MEDICAL IDS ,.�0- m s- CE TER MEDICAL(S) �, -' 27 o 26 aG c z .. r OC STONEBRIDGE v 25 ° cr cr 1 V 74 itil Q a PELICAN p pQ CRESCENT MARSH S Q LAKE (DRI) re ESTATES Project Location Map Packet Page -1881- 3/22/2016 17.A. 1 SENDER: COMI't_EIE THIS SLCi7ON COMPLETE THIS SECTION and DELIVERY ® Complete Items 1,';and 3.Also complete A. Signature item 4 if Restricted Delivery Is desired. " "`r 0 Agent a Print your name and address on the reverse X ✓/ 0 Addressee so that we can return the card to you. B. Received b rRed N ) C.pate of D livery a Attach this card to the back of the mailplece, g„ ,1 or on the front If space permits, j° �7� 76 D. Is delivery address'differentffom item 1? 0 Yes; 1. Article Addressed to: If YES,enter delivery address below: 0 No L us e � { 3. Servloe1ypo Certified Milo 0 Priority Mail Express'. pc1 too; Reglatered 0 Return iecelptforMerchandise ❑Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7013 3020 0000 947? 4403 • (rlanster from service fatal) PS Fonr13811,July 2013 Domestic Return Receipt .S. Postal Service CERTIFIED MAIL, RECEIPT mDomestic Mail Only:Ho insurarr,e Coverage Provided) t i .air a t vi'd Oil Wet It t rimv,uap...� P ico e Postage $ Dodgiest Fee Postmark CI Return Receipt Fee Mere 11 (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 11t ® Postage� .� m Brit 0 -:t._ 0 or Pia box rJo. .. _. (% City State 27" u*tit ll�>v..tir'd► ".. ; �"1-.4 ts°;" eciJ3° re t e t� C r r.1. aE {y 1"T $ I kfa �G.a .a .4 etPrrovidvd) .a Ki5,7 4:4 k r-- t+++, �a �i Postage $ fT Certified Fee f✓J Return Receipt Foe M.1 Poslmettc D (Endorsement Required) Here tsl Restricted Delivery Fee D (Endorsement Required) ill �, D Told Postage a,Fees �tI , Sent t,,,,,r4re..„. Strati',Apt Na; tti or PO Box No, Packet Page -1882- 3/22/2016 17.A. pk SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DEIWWERT I Complete Items 1,2,and 3.Also complete A.Signature item 4 If Restricted Delivery is desired. 13 Agent ■ Print your name and address on the reverse X- CI Addressee so that we can return the card to you a.Received by(PrintedNarne) C.Date of Delivery ■I Attach this card to the back of the mallpiece, , f or on the front If space permits. I AttlaieAddressedto: D.Is delivery- , diff, nt from item 1? C:1 Yes If YES,enter de ©No tzgAZ €.„, J tut? 9 � 3 iS iceType • Graj ce- Certified Maps Priority Mdi Express* D Registered turn ReoelptforMerchand se 1 . 1 1 Insured Mail I Delleoton pellvery tk / a `* " 4. Restricted Delivery7-{Ektrs fee) CI Yes 2.Article Number 7013 3020 0000 9477 4410 Mender from service label) P8 Form 3811,July 2013 Domestic Return Receipt • • 1 • • • • • Packet Page -1883- 3/22/2016 17.A. • • . • • • This instrument prepared by: . Matthew L:Grabinski,Esq. - . • COLEMAN,YOVANOVICH D • 8c KOES'IER,P.A. 400i Tamiami Trail N.,#300 Naples,Florida 34103 After recording return to: Collier Insurance Agency • •Attn:Brad Stockham 2600 Golden Gate Pkwy. •Naples;FL 34105 139-403-6869 ASSIGNMENT AND LIMITATION OF DENSITY RIGHTS THIS ASSIGNMENT AND,LINHTATION OF DENSITY RIGHTS (this "Assignment") is .• made this 30TH • da of December,2013,by CREEKSIDE WEST,INC.,a Florida corporation Y Y .'.. . rp ( "Assignor")•and Rani Investments,LLC,a Florida limited liability company("Assignee"). t. WITNESSETH THAT: • • . WHEREAS,on or about the date hereof,Assignor is selling and conveying to Assignee the real . • property described in Exhibit"A",attached hereto(the"Property");and r. • WHEREAS, Assignor desires to assign to Assignee, and Assignee desires to assume from Assignor,the right to develop up to Fifteen Thousand(15,000)square feet of commercial office space on the Property(which may iriclade medical use,as permitted under the applicable zoning ordinance),subject to the terms and"conditions hereof;and WHEREAS, Assignor has also agreed to assign to Assignee the right to use the Property for providing overnight facilities for sambulatory surgery patients.(as an accessory use associated with a • ' Restricted Principal Use,as identified in the applicable PUD ordinance),subject to a maximum of five(5) • beds for such accessory use);and WHEREAS,.Assignor has also agreed to assign to Assignee(as a sub-component,of the 15,000 • square feet of development density evidenced and assigned hereby)the right,to use up to 5,000 of the•15,000 • square feet of maximum commercial density as retail use,subject to automatic forfeiture, as hereafter set • forth, and Assignee agrees to accept such limited retail use rights subject to the automatic forfeiture provisions set forth herein NOW THEREFORE, in consideration of TEN DOLLARS,($10.00), the exchange of mutual • promises, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,Assignor and Assignee hereby agree as follows: • • 1. Recitals. The above recitals are true and correct and are hereby incorporated in their ••. entirety in this Agreeinient. . 2. Density Assignment (including up to 5 beds}; Contingent Retail Sub-Contponent, Assignor hereby transfers,grants,conveys,•and assigns to Assignee,.as of this date and as anappurtenance to the Property,the right to develop up to Fifteen Thousand(15,000)square feet Of commercial office space - • on the Property all or any portion of which may from time to time be utilized for general office or.medical • • 1 • • Packet Page -1884- • i I 3/22/2016 17.A.- u use,including the right to use the Property for providing overnight facilities for ambulatory surgery patients (as an accessory use associated with a Restricted Principal Use, as identified in the applicable PUD ordinance,subject to the condition that at no time shall there be more than five(5)beds for overnight use on the Property). In addition,and subject to the terms hereafter set forth,Assignor also grants to Assignee the right(but not the obligation)to develop the Property(as a sub-component of the 15,000 total square feet permitted hereby)with up to Five Thousand Square Feet(5,000)of retail space(the"Optional Retail Sub-Component"),subject to the following conditions: ,t. (A)At no time shall the Property be developed with more than Fifteen Thousand(15,000) square feet of commercial space,in the aggregate,regardless of the exact permitted use of such space(for example,if the Property has a retail use component that comprises 1 3,000 square feet of space, then the remaining portions of the Property can only be developed with up to 12,000 square feet of additional office space). (B)Any portion of the Optional Retail Sub-Component that is not developed (by the construction of a commercial building)and in actual use(as evidenced by occupational licenses,actual use,and as determined by Collier County in conjunction with its on- going monitoring of the respective PUD)on the date that is three(3)years after the date that this Assignment is recorded in the Collier County Public Records (the "Forfeiture Date"),shall be deemed automatically forfeited by Assignee and such retail use rights shall automatically revert to Assignor. However,the forfeiture of all or any portion of the Optional Retail Sub-Component shall not affect the ability of Assignee to nevertheless develop and use the Property with up to 15,000 square feet of office space. [For example:if on the Forfeiture Date,the Property has been improved with a 10,000 square foot building, and 4,000 square feet of such building are in actual retail use, then the remaining portion of the Optional Retail Sub-Component(1,000 square feet) shall be deemed automatically forfeited and shall automatically revert to Assignor. Nevertheless, Assignee would thereafter still have the right to develop an additional 5,000 square feet of space on the Property,but at no time after the Forfeiture Date shall the Property be developed with more than 4,000 square feet of retail space;the balance must be used for commercial office space(which may include medical offices)]. (C)Assignor shall have the right to record a supplement to this Assignment,at any time after the Forfeiture Date, for the purpose of evidencing the portion of the Optional Retail Sub-Component forfeited(if at all)by Assignee pursuant to sub-paragraph 2(B), above. 3. Effect of Assignment; Maximum FAR for Property. By Accepting this Assignment, Assignee agrees that Assignee shall develop no more than Fifteen Thousand (15,000) square feet of commercial office space on the Property(which may include medical use as permitted under the applicable zoning ordinance, but shall be limited as to retail use,pursuant to Paragraphs 2,above). This Assignment shall also constitute a direction to any governmental or private entity as to the commercial space assigned hereunder(including the retail use rights that are subject to automatic forfeiture hereunder) and all such parties are hereby authorized and directed to rely upon and comply with any written request, notice or demand made by Assignee with respect to such assigned commercial space. By accepting this assignment, Assignee also agrees(for itself and successors in title)that the floor area ratio(FAR)for the Property shall not,at any time,exceed.35. 4. Acceptance. Assignee, as the owner of the Property, hereby accepts the foregoing 2 Packet Page -1885- 3/22/2016 17.A._ • • . . • •, • assignment of density rights,subject to the terms,conditions and limitations hereof • 5. No.Representation No Warranty. This Assignment is made solely for the purpose of assigning (and limiting) the development density of the Property under the applicable Planned Unit • Development"Ordinance, and.shall not be deemed a representation nor warranty .by Assignor that Assignee's proposed development of the Property(in a manner acceptable to Assignee)may actually occur • . ': as intended by Assignee.Assignee acknowledges that various private and governmental permits,conditions and approvals must be obtained by Assignee(and at Assignee's risk and expense)prior to Assignee being able to conduct horizontal and/or vertical development activities at the Property. - i • 6. • . Successors and Assigns. This Assignment shall inure to the benefit of and be binding • upon theparties hereto and their respective successors and assigns. Without limiting the generality of the • foregoing,this Assignment shall be deemed a covenant running with title to the Property. • 7 Miscellaneous. This Assignment shall be governed by and construed under the laws of -'the.State•of Florida.lExectited counterpart copies of the original of this Assignment shall be treated as if the original were so executed and shall bind the executing party with the same force and'effect as the original. 8. Recording. This Assignment shall be recorded in the Public Records of Collier County, Florida. • IN WITNESS WHEREOF,Assignor and Assignee have caused this instrument to be executed as of the day and year first above written. - y WITNESSES: ASSIGNOR: • • Creekside West,Inc., 044C eik..— a Florida corporation Print Name: •13,Mdt.Ek E. S/n crckrMi C4 By:. i (� pia► Print Name: O PottJ�t( Print Name: Title: •cic '!yes/ 'e,e • STATE OF FLORIDA . COUNTY OF COLLIER • The foregoing instrument w,�� acknowledged before me, this 3o fir of December, 2013 by ArasLlee�4• I�aa�x . , as Vic. firesic ++ ofCreekside West, Inc., a Florida corporation, on behalfJof said .corporation. He is•( X.) personally known to me or ( ) has produced as evidence of identification. • (SEAL) NOTARY P.11;LIC Name: •une.la, & 1JI( Lf • � PAME1AMARTINWAUttlr (Type or Print) Commission#EE 158928• Y My Commission Expires: 3 —'— -� o/10 Expires Match 28,2016 #� 7 ;{ .63reentramyrihtsgrsmlf063b-m2 • • 3 Packet Page -1886- • • . 3/22/201617.A. ASSIGNEE: • - -Witnesses: Rani Investments;)(4C, (as to all 3 signatures) a Florida limited liability compan ' &A&I/k2 ) B . - y' d/All ' Print Name: . _ y :1v.--/Udzede.d Dr. , :g Ag:. al,Managing Member I__ ! e i Print Name: 8 6. Srecxt or Omkac Agarwa1,.Mar M raga fvfc ibEi. • By: _ Angelina Omkar al,Managing Member STATE OF r\D1r-dGI )ss. { COUNTY OF C cMie,.CL ) The foregoing histrumerit was acknowledged before.me,this 3CiV.9af December,2013 by Anurag Agarwal, Omicar Agarwal and Angelina Omkar Agarwal,as the Managing Members of Rani Investments, . . •LLClorida limitedliability company,on behalf of.the company. They are( )personalty known to me 1 or(14 have produced 'L `�•tVGr'S Li ccall.• a evidence of identification. (SEAL) • — ARY PUBLIC Name: CHRISTINE Y.PEREZ (Type or Print) i9 . `_'Commission#EE 005944 My Commission Expires: ?.` Expires July 1,2014 . . • • • • ' 4 ' Packet Page -1887- , 3/22/2016 17.A.W. •• • ' EXHIBIT"A" LEGAL.DESCRIPTION OF THE PROPERTY• • • , LOT.3,CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29, PAGES 57-58'OF 'THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS.THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3662, PAGES 1812-1815;-AND LESS THE • EASTERLY 32.84 FEET OF SAID LOT 3, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 3 OF CREEKSIDE COMMERCE PARK WEST- UNIT;ONE AS,RECORDED IN'PLAT BOOK 29, PAGES 57.—58 OF THE PUBLIC RECORDS OF .. • COLLIER COUNTY,FLORIDA; THENCE RUN ALONG THE WEST.LINE OF SAID LOT 3 NORTH 00 DEGREES 07 MINUTES 39 SECONDS WEST;FOR A DISTANCE OF 287.18 FEET TO THE•SOUTHWEST CORNER OF THOSE • .. LANDS DESCRIBED- IN OFFICIAL RECORDS BOOK 3662, PAGE 1812 OF SAID PUBLIC • RECORDS; . • THENCE RUN ALONG THE SOUTH LINE OF SAID LANDS SOUTH 89 DEGREES 45 MINUTES 00 • • SECONDS EAST,FOR A DISTANCE OF 19.35 FEET; THENCE RUN SOUTH 00 DEGREES.15 MINUTES 00 SECONDS WEST,FOR A DISTANCE OF 5.00 FEET TO A'POINT'ON THE NORTH LINE OF SAID LOT'S; • THENCE RUN ALONG SAID:NORTH LINE FOR THE FOLLOWING TWO (2) COURSES AND ' DISTANCES: • 1. SOUTH 89 DEGREES'45 MINUTES'00 SECONDS EAST; FOR A DISTANCE OF 150.19 FEET; • • 2. -THENCE RUN SOUTH,89 DEGREES 48 MINUTES 16. SECONDS EAST, FOR A • . DISTANCE OF 34.29 FEET; THENCE RUN SOUTH. 00 DEGREES 07 MINUTES'39 SECONDS EAST, FOR A DISTANCE OF • - 281.44 FEET TO A POINT ON,THE SOUTH LINE OF SAID LOT 3; • THENCE RUN ALONG SAID SOUTH LINE NORTH.89 DEGREES 58 MINUTES 01 SECONDS WEST, FOR A DISTANCE OF 203.79 FEET TO THE POINT OF BEGINNING, CONTAINING 1.32 • ACRES,MORE OR LESS. • • • 5 Packet Page -1888- 3/22/201617.A. Yu Arthre)C November 13, 2015 6r, 1 Nancy Gundlach, AICP,RLA Principal Planner Collier County Growth Management Division 2800 N.Horseshoe Drive Naples,Florida 34104 RE: Creekside Commerce Park CPUD Amendment Dear Ms. Gundlach: Arthrex has met with the Developer of Creekside Commerce Park CPUD regarding the proposed amendments to the CPUD. Arthrex supports the increase in retail square footage by 70,000 square feet. In addition,Arthrex consents to the reduction of 70,000 square feet from the industrial/commerce district within the CPUD. Please accept this letter as Arthrex's letter of no objection to the proposed changes to the PUD. Please feel free to contact me if you have any questions. Very truly yours, David Bumpous Director of Operations Enclosure Arthrex Inc.•1370 Creekside Boulevard.Naples.Florida 34108-1945• r.n n nrr 7�n1^"120 /ii2_ C{2•Fax:239-591-6980•website:wuarthrex,con Packet Page -1889- ■.I 101.11 NM 4„,........s.,..._alm.111.1....t....6, ..... - .......,..... 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I ink BARRON COLLIER COMPANIES January 18, 2016 • w Nancy Gundlach,AICP, RLA, Principal Planner Collier County Government Growth Management Division 2800 North Horseshoe Drive Naples Florida 34104 Re: Creekside Commerce Park CPUD Amendment 5: Dear Ms. Gundlach: Trail Boulevard, LLLP is an affiliate of the developer of Creekside Commerce Park CPUD. As such, Trail Boulevard, LLLP supports the increase in retail square footage by 70,000 square feet. In addition,Trail Boulevard, LLLP consents to the reduction of 70,000 square feet from the Industrial/Commerce District within the CPUD. Please accept this as Trail Boulevard, LLLP's letter of no objection to the proposed changes to the CPUD. . Please contact me at(239) 262-2600 if you have questions. Sincerely, fi Brian Goguen,a hief Operating Officer of Barron Collier Management, LLC as Authorized Agent of Trail Boulevard, LLLP cc: David Genson,PE,Barron Collier Companies Wayne Arnold,AICP,Grady Minor Rich Yovanovich,Coleman,Yovanovich&Koester,PA Heidi Ashton-Cicko,Office of the County Attorney's Office • Packet Page -1891- 2600 Golden Gate Parkway,Naples,riormma 3'+1u5 www.barroncollier.com 239.262.2600 3/22/2016 17.A. From: Ruffino,James M-Washington,DC-Contractor To: AshtonHeidi Subject: USPS Does Not Support the Change in Zoning Date: Thursday,March 03,2016 5:17:37 PM Ms.Ashton, USPS does not support the reduction of available space in the park for building expansion. USPS may need space for future expansion on our site and the reduction of 70,000 SF or the 140,000 SF now available increases our risk the space not be available in the future. Thank you, James M. Ruffing Real Estate Specialist USPS Facilities HQ 475 L'Enfant Plaza, SW, Room 6670 Washington, DC 20260-1862 Phone: (202) 268-5921 Packet Page -1892- `` 3/22/2016 17.A. X405 i to ce5 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, March 22, 2016, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center,3299 Tamiami Trail East,Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: An Ordinance of the Board of County Commissioners of Collier County,Florida amending Ordinance Number 2006- 50, the Creekside Commerce Park Commercial Planned Unit Development (CPUD), as amended, by reducing the allowable square footage in the Industrial Commercial District by 70,000 square feet for a total of 550,000 square feet of gross floor area of industrial/commerce uses; by amending the Business District to add permitted uses from the Industrial and the General Commercial C-4 zoning districts; by amending the Business District to increase the allowable square footage of floor area from 150,000 square feet to 200,000 square feet of office uses and from 40,000 to 60,000 square feet of retail uses;by amending the business district to allow group housing east of Goodlette Frank Road at the southeast quadrant of Goodlette Frank Road to increase the zoned height to 75 feet and actual CI height to 85 feet; by amending the business district to N allow a hotel at the southeast corner of Goodlette Frank Road and lmmokalee Road to reduce the building setback from Immokalee Road to 350 feet; and by adding a sign deviation regarding the location of directory signage;and revising the master plan to depict the sign deviation for the N CPUD property located in Section 27,Township 48 South, Range 25 East, Collier County, Florida, consisting of 106 acres;and by providing an effective date.[PL20140001311] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. ca NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual a) to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in w the Board agenda packets must submit said material a minimum z of 3 weeks prior to the respective public hearing. In any case, r written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part ISJ ii of the record. Any person who decides to appeal any decision of the Board 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 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA DONNA FIALA,CHAIRMAN DWIGHT E.BROCK,CLERK By: Ann Jennejohn Deputy Clerk(SEAL) March 2,2016 No.960047 Packet Page -1893-