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Backup Documents 12/13/2016 Item # 9D COLLIER COUNTY FLORIDA 90 REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Adv., Location, etc.) Originating Dept/Div: GMD/Zoning Person:Daniel Smith Planner Date:November 14,2016 Petition No.(If none,give a brief description): PL20120001515 Petitioner:(Name&Address) GradyMinor-Sharon Umpenhour 3800 Via Del Rey Bonita Springs,FL 34134 Name&Address of any person(s)to be notified by the Cleric's office' (if more space is needed,attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date' Tuesday,December 13,2016, (Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used.(Complete only if important). xxx Naples Daily News Account#068779 Other Legally Required Purchase Order No.4500172052 Proposed text: (include legal description&common locations&size. Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By / A Date:Ii-1---11 IC Division A./ istrator or Designee List Attachments. DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note:if legal documents Is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B Other hearings initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFFICE . Date Received 11/1/ i / ' Date of Public Hearing / Date Advertised 1 /23/i 40 i NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, December 13,2016, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC)will consider the enactment of a County Ordinance/Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: The purpose of the hearing is to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92-08, THE COURTHOUSE SHADOWS PLANNED UNIT DEVELOPMENT, BY INCREASING THE MAXIMUM SQUARE FOOTAGE OF THE SHOPPING CENTER AND OUTPARCELS BY 18,000 SQUARE FEET FOR A TOTAL OF 165,000 GROSS SQUARE FEET OF FLOOR AREA; BY AMENDING ORDINANCE NUMBER 2004- 41, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL .35+/- ACRES OF LAND ZONED COMMERCIAL INTERMEDIATE DISTRICT IN THE MIXED USE SUBDISTRICT OF THE GATEWAY TRIANGLE MIXED USE DISTRICT OVERLAY (C-3-GTMUD-MXD) TO THE COURTHOUSE SHADOWS PUD; BY ADDING A MEMBERSHIP WAREHOUSE CLUB WITH ASSOCIATED LIQUOR STORE USE AND ANCILLARY FACILITY WITH FUEL PUMPS AS A PERMITTED USE; BY REVISING THE DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN; AND ADDING DEVIATIONS. THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF US 41 AND OPPOSITE AIRPORT PULLING ROAD IN SECTIONS 11, 12 AND 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 20,35+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20120001515] 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. 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 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 the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, 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 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 CHAIRMAN DONNA FIALA DWIGHT E. BROCK, CLERK By: /s/Patricia Morgan Deputy Clerk(SEAL) 9 0 . ORDINANCE NO. 16- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92-08, THE COURTHOUSE SHADOWS PLANNED UNIT DEVELOPMENT BY INCREASING THE MAXIMUM SQUARE FOOTAGE OF THE SHOPPING CENTER AND OUTPARCELS BY 18,000 SQUARE FEET FOR A TOTAL OF 165,000 GROSS SQUARE FEET OF FLOOR AREA; BY AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL .35+/- ACRES OF LAND ZONED COMMERCIAL INTERMEDIATE DISTRICT IN THE MIXED USE SUBDISTRICT OF THE GATEWAY TRIANGLE MIXED USE DISTRICT OVERLAY (C-3- GTMUD-MXD) TO THE COURTHOUSE SHADOWS PUD; BY ADDING A MEMBERSHIP WAREHOUSE CLUB WITH ASSOCIATED LIQUOR STORE USE AND ANCILLARY FACILITY WITH FUEL PUMPS AS A PERMITTED USE; BY REVISING THE DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN AND ADDING DEVIATIONS. THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF US 41 AND OPPOSITE AIRPORT PULLING ROAD IN SECTIONS 11, 12 AND 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 20.35+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZA-PL20120001515J WHEREAS, KRG COURTHOUSE SHADOWS, LLC represented by D. Wayne Arnold, AICP of Grady Minor & Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to amend the PUD and change the zoning classification of the additional herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Words struck-through are deleted; words underlined are added [12-CPS-01190] 195 Courthouse Shadows PUD Page 1 of 9 PUDZA-PL20120001515 11/16/16 9a SECTION ONE: ZONING CLASSIFICATION The zoning classification of approximately .35 acres of the herein described real property located in Section 11, Township 50 South, Range 25 East, Collier County, Florida is changed from a Commercial Intermediate District in the Mixed Use Subdistrict of the Gateway Triangle Mixed Use District Overlay (C-3-GTMUD-MXD) to the Planned Unit Development (PUD) zoning district and when combined with the existing Courthouse Shadows PUD provides for a 20.35+/- acre project in accordance with Ordinance No. 92-8, as amended by this Ordinance. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. II SECTION TWO: AMENDMENT TO TABLE OF CONTENTS OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 The Table of Contents of the PUD document attached to Ordinance Number 92-8, PUD is hereby amended as follows: TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE ii STATEMENT OF INTENT iii SECTION I PROPERTY OWNERSHIP & DESCRIPTION 1-1 SECTION II GENERAL DEVELOPMENT REGULATIONS 2-1 SECTION III GENERAL DEVELOPMENT COMMITMENTS 3-1 EXHIBIT—"A"MASTER PLAN EXHIBIT—"B"LEGAL DESCRIPTION EXHIBIT—"C"DEVIATIONS FROM LDC REQUIREMENTS EXHIBIT—"D" BUILDING SIGNAGE Words struck through are deleted;words underlined are added [12-CPS-01190] 195 Courthouse Shadows PUD Page 2 of 9 PUDZA-PL20120001515 11/16/16 9 SECTION THREE: AMENDMENT TO THE FIRST PARAGRAPH OF THE STATEMENT OF COMPLIANCE OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 The first paragraph of the Statement of Compliance of the PUD Document, attached as Exhibit "A"to Ordinance No. 92-8, is hereby amended as follows: The purpose of this Section is to express the interest of Corporation KRG Courthouse Shadows, LLC to develop 20.0820.3± acres of land located in Sections 11, 12 and 13, Township 50 South, Range 25 East, Collier County, Florida. SECTION FOUR: AMENDMENT TO THE STATEMENT OF INTENT OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 The Statement of Intent of the PUD Document, attached as Exhibit"A"to Ordinance No. 92-8, is hereby amended as follows: The purpose of this Section is to express the intent of the developer Corpefatien to commence development of a commercial activity center planned unit of development. It is the intent of the developer - !- - .. • • .. : :• to continue the development of architecturally unified commercial establishments built on the project site and on the concept of planned arrangement and unified management control. The unified development approval under the PUD district designation will ensure that the ro'ect is aesthetically pleasing and functionally efficient. It will allow an efficient pattern of internal circulation to be established, and limited points of vehicular ingress and egress. These functional and aesthetic advantages, which cannot be provided in the conventional strip commercial development configurations, have been maximized and shall be sustained in the approval of this planned unit of development. This planned unit of development shall be limited to specific commercial uses which are compatible with uses permitted within activity centers: -: '• - - . -- . •• . . ...• • . It is the interest of the developer Corporation to continue development in accordance with the regulations of this Planned Unit of Development. It is the purpose of this document to set forth the complete plan, regulations and conditions of development along with other information required in accordance with the PUD ordinance. It is further the intent of the developer •- !- - - - - - .. : •: - to commence development once all necessary permits and approvals have been granted. Words struek-through are deleted;words underlined are added [12-CPS-01190] 195 Courthouse Shadows PUD Page 3 of 9 PUDZA-PL20120001515 11/16/16 9 SECTION FIVE: AMENDMENT TO SECTION 1.2 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 1.2 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: The subject property is currently under the control of Collier Development Corporation, 3003 North Tamiami Trail, Naples, Florida 33940KRG Courthouse Shadows, LLC, 30 S. Meridian St., Suite 1100, Indianapolis, IN 46204. SECTION SIX: AMENDMENT TO SECTION 1.3 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 TO ADD ACREAGE Section 1.3 of the PUD Document, attached as "Exhibit A" to Ordinance No. 92-8, is hereby deleted in its entirety and replaced by: See Exhibit B, Legal Description, attached hereto and incorporated herein by reference. SECTION SEVEN: AMENDMENT TO SECTION 2.1 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 2.1 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: The purpose of this Section is to set forth the regulations for development of the proposed 20.0820.3± acre Planned Unit Development identified on the Master Plan. SECTION EIGHT: AMENDMENT TO SECTION 2.3 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 2.3 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: 2.3. USES PERMITTED 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: Words struck-through are deleted;words underlined are added [12-CPS-01190] 195 Courthouse Shadows PUD Page 4 of 9 PUD7_A-P1,20120001515 11/16/16 9 D1 A. Principal Uses: 1. Antique Shops 2. Appliance stores 3. Art studios 4. Art supplies 5. Automobile parts stores 6. Automobile service stations, including facilities with fuel pumps. 7. Bakery shops (including baking incidental to retail or wholesale sales) 8. Banks (branch or main office) and financial institutions 9. Barber and beauty shops 10. Bath supply stores 11. Blueprint shops 12. Bicycle sales and services 13. Book stores 14. Carpet and floor covering sales (including storage and installation) 15. Child care centers 16. Cocktail lounges, commercial recreation(indoor) 17. Clothing stores 18. Commercial schools 19. Confectionery and candy stores 20. Delicatessen;drive-in restaurants,drug stores;dry cleaning shops; dry goods stores and department stores. 21. Electric supply stores 22. Fish stores; florist shops; food markets(including facilities with fuel pumps); furniture stores; furrier shops and fast food restaurants. 23. Gift shops, gourmet shops 24. Hardware stores; health food stores; hobby supply stores; home for the aged 25. Ice cream stores; ice sales; interior decorating showrooms 26. Jewelry stores 27. Laundries, leather goods, and luggage stores; locksmiths and liquor stores 28. Meat market; medical office or clinic for human care; millinery shops; motion picture theater; music stores 29. Membership warehouse club with associated liquor store use and ancillary facility with fuel pumps. The facility with fuel pumps may not be open to the general public and shall be for only members of the membership warehouse club. 2930. Office (retail or professional); office supply stores 3031. Paint and wallpaper stores; pet shops,pet supply stores; photographic equipment stores; post office 3432. Radio and television sales and service; small appliance stores; shoe sales and repairs; restaurants 3233. Souvenir stores; stationery stores; shopping centers; supermarkets subject to site development plan approval. 3334. Tailor shops;tobacco shops; toy shops; tropical fish stores 3435. Variety stores; veterinary offices and clinics (no outside kenneling) Words struck-through are deleted;words underlined are added [12-CPS-01190] 195 Courthouse Shadows PUD Page 5 of 9 PUDZA-PL20120001515 11/16/16 90 3536. Watch and precision instrument sales and repair 3637. Any other commercial use of professional service normally allowed in C-3 Zoning District • : :: : : = •- =-••: ` - : as determined by the Board of Zoning Appeals("BZA")or the Hearing Examiner. SECTION NINE: AMENDMENT TO SECTION 2.4 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 2.4 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: 2.4 MINIMUM YARD REQUIREMENTS ********************************** F. Minimum internal setback from the additional 0.28± acre FDOT surplus parcel shall be zero (0) feet. SECTION TEN: AMENDMENT TO SECTION 2.8 OF THE PUD DOCUMENT OF 1 ORDINANCE NO. 92-8 Section 2.8 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: 2.8 SIGNS A. Individual Business Signs: Wall, marquee, or hanging sings below the canopy of therimar retail building, with an area not more than twenty percent (20%) of the total square footage of the front wall or facade area under the canopy, of 250 square feet per rental unit, consistent with the locations shown on Exhibit D - Building Signage. SECTION ELEVEN: AMENDMENT TO SECTION 3.2A OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 3.2A of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: Words struck-through are deleted;words underlined are added [12-CPS-01190] 195 Courthouse Shadows PUD Page 6 of 9 PUDZA-PL20120001515 11/16/16 l i ii 9 1 1 A. The PUD Master Plan is an illustrative preliminary development plan as prepared by . :•_ ••_ _ , -. ! . _ Q. Grady Minor and Associates, P.A., Exhibit "A" Master Plan. The maximum square footage of the shopping center and outparcels shall not exceed a total of-14-77008165,000 square feet. SECTION TWELVE: AMENDMENT TO SECTION 3.5 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 3.5 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: 3.5 WATER MANAGEMENT A. An adequate access easement shall be provided for access through the shopping center to Haldeman Creek. B. Petitioner shall obtain a right-of-way permit for all construction within the Haldeman Creek easement. C. For purposes of stormwater management, the proposed redevelopment project shall be treated as a new development project; therefore, it will comply with the existing offsite allowable discharge rates and retention/detention criteria, as the date of this PUD amendment approval. SECTION THIRTEEN: AMENDMENT TO SECTION 3.6 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 3.6 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: 3.6 TRAFFIC A. The applicant is advised that future development activities are subject to land use controls consistent with the Collier County Growth Management Plan, as amended. Such controls may, from time to time, preclude the applicant's ability to initiate, continue and/or to complete the project improvements as presently scheduled. B. The owner, its successors, or assigns shall pay for the design and construction of a five foot sidewalk along Peter's Avenue up to the sum of$ 50,000.00, which shall represent its payment in-lieu consistent with LDC Section 6.06.02 for the entire I site. Owner shall make payment to County within 30 days of approval of the Site Development Plan for the redevelopment. Words are deleted;words underlined are added [12-CPS-01190] 195 Courthouse Shadows PUD Page 7 of 9 PUDZA-PL20120001515 11/16/16 II C. Upon redevelopment of the site with a single large format retail user such as Sam's Club, the owner shall close the southernmost vehicular access to Peters Avenue. The project shall be permitted to have an emergency vehicle only entrance as shown on the Master Plan. D. The proposed new-revised parking island layout shown on the master plan is conceptual and is not part of this zoning petition approval. Review and approval of any proposed site changes including but not limited to access entries, parking islands, and drive aisles shall be done at time of site development order (SDP/SDPA) E. The development is limited to the 662 total net new PM peak hour trips utilized in the Traffic Impact Statement dated March 18, 2016. SECTION FOURTEEN: AMENDMENT TO SECTION 3.7 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 3.7 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: 3.7 ENVIRONMENTAL CONSIDERATIONS *** *** *** *** *** Text break *** *** *** *** *** H. Native vegetation shall be retained or replanted in accordance with SDP 98-75. As an alternative, the developer may also elect to provide offsite preservation of native vegetation in accordance with the LDC. SECTION FIFTEEN: AMENDMENT TO THE PUD DOCUMENT OF ORDINANCE NO. 92-8 TO REVISE EXHIBIT"A"MASTER PLAN Exhibit "A" Master Plan of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby deleted in its entirety and replaced with Exhibit "A", Master Plan, attached hereto and incorporated herein by reference. Words struck-through are deleted;words underlined are added [12-CPS-01190] 195 Courthouse Shadows PUD Page 8 of 9 PUDZA-PL20120001515 11/16/16 � I 90 SECTION SIXTEEN: AMENDMENT TO THE PUD DOCUMENT OF ORDINANCE NO. 92-8 TO ADD EXHIBIT"C", DEVIATIONS The PUD Document, attached as Exhibit "C" to Ordinance No. 92-8, is hereby amended to add the following: See Exhibit"C", Deviations,attached hereto and incorporated herein by reference. SECTION SEVENTEEN: EFFECTIVE DATE 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, Chairman Approved as to form and legality: I Ieidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—Master Plan Exhibit B -Legal Description Exhibit C —Deviations including Buffer Exhibit Exhibit D—Building Signage Words ..,.• are deleted;words underlined are added E12-CPS-01190] 195 Courthouse Shadows PUD Page 9 of 9 PUDZA-P120120001515 11/16/16 9-1.01 / I ® N "Z N �/ d ° �� N m 0 �y� O -IDA-,-I m" m O t7 rn-O X -n, """ pdp < m cmtnn D m m 1 RIZ N 3 nV SaZ31� i�6 ii zo,'VoP /•'c 0 A z <z 11 O m mT p =r'3.-I z V m A O e" IP, Q Qy�m-i • D mo \ °antnomm 1 \It ocbpe OmmgO ? , GZd. • zOmmNmv mT / \�/ s� +y�s�o g_m A t / 1 I o w / D 13 ii / ❑w 173 t>�Td� 1 `d"'q•'' „fit I♦ 0/4 '.. Z Z .'"d ,,' di O ( m F n n N 0 /, ,' m 0 I 8 mil m d�Q ,: z 1 0 i D z /' „�®f, rli a / I i R . Q �Z An s i e e D , • 01 Vim= l m. t� El t � o �� sitm i 7331 8Q z 0I v a oz ` `` O A I P+ 0cc2 i•�® y�� car ` o �AA � O � � � I$ � .;wN, % csj 1 y N 3 1 4 me5 8 ..,`‘, O • I t o �p • O L • O ./41 p z ' j 3 Nt') \`, r c. i n R =• mn \. I , m 0 43/. O z ti r ,S C A r , O O (J' I i �- / Y' z I I/1: O o O .412 c O s giN O 23 mO Qf�N \ �N W< to m a \\ AP a 4P�� Tw mAD \\ f ''`© �' �,-� 1 tom �v .:/ l,1 za a m z z bo = m i\ ,•0 o b oT m >e \\r2F 1 $ i S u u n 2 L \e4,,, m s • • d 0 N. 0i \\ I t,i 00 Ili R i , a ii Courthouse Shadows PUD Exhibit B Legal Description BEING A PORTION OF LAND LYING IN SECTIONS 11, 12, & 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF THE PLAT OF COURTHOUSE SHADOWS AS RECORDED IN PLAT BOOK 29 PAGES 40-41 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN ALONG SAID PLAT FOR THE FOLLOWING NINE (9) COURSES AND DISTANCES: 1. THENCE S 89° 01' 07" W, A DISTANCE OF 838.57 FEET; 2. THENCE N 00° 15' 36" W, A DISTANCE OF 276,13 FEET; 3. THENCE N 89° 59' 12" W, A DISTANCE OF 331.40 FEET; 4.THENCE N 00° 18' 23" W, A DISTANCE OF 30.00 FEET; 5. THENCE S 89° 28' 37" W, A DISTANCE OF 140,47 FEET; 6. THENCE N 00° 11' 18" W, A DISTANCE OF 757.17 FEET; 7. THENCE N 89° 15' 15" E, A DISTANCE OF 138.91 FEET; 8. THENCE N 00° 18' 23" W, A DISTANCE OF 100.34 FEET., 9. THENCE 5 89° 13' 43" W, A DISTANCE OF 138.71 FEET TO A POINT ON THE EAST LINE OF PETERS AVENUE AS RECORDED IN PLAT BOOK 1, PAGE 56 OF SAID PUBLIC RECORDS; THENCE RUN ALONG SAID EAST LINE N 00° 11' 18" W, A DISTANCE OF 116.95 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3939, PAGE 463 OF SAID PUBLIC RECORDS; THENCE RUN ALONG SAID LANDS FOR THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1. THENCE N 38° 02' 06" E, A DISTANCE OF 138.66 FEET; 2. THENCE S 82° 55' 44" E, A DISTANCE OF 23.32 FEET; 3. THENCE S 51° 37' 15" E, A DISTANCE OF 37.56 FEET TO THE NORTHEAST CORNER OF SAID LANDS; THE SAME BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (US 41); THENCE RUN ALONG SAID LINE FOR THE REMAINING COURSES AND DISTANCES: 1. S 52° 02' 35" E, A DISTANCE OF 85.20 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 12° 59' 04", A RADIUS OF 1773.76 FEET, A CHORD BEARING AND DISTANCE OF S 45° 33' 03" E, 401.11 FEET; THENCE IN A WESTERLY DIRECTION, WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 401.97 FEET TO THE END OF SAID CURVE; 2. THENCE S 39° 03' 31" E, A DISTANCE OF 1306.74 FEET TO THE POINT OF BEGINNING. CONTAINING 20.35 ACRES MORE OR LESS. Page 1of1 90 Courthouse Shadows CPUD EXHIBIT C DEVIATIONS FROM LDC REQUIREMENTS 1. Deviation #1 seeks relief from Section 4.05.06.B of the LDC, which requires 3 loading spaces for the first 50,000 SF of each retail store, warehouse, wholesale establishment, industrial activity, terminal, market, restaurant, funeral home, laundry, dry cleaning establishment, or similar use which has an aggregate floor area of 20,000 but not over 50,000 plus one additional off-street loading space for each additional 25,000 SF over 50,000 SF or major fraction thereof which would require 7 loading spaces to instead allow a total of 5 loading spaces measuring 10'x20' (200 s.f.). This deviation applies to the location shown on the Master Plan. 2. Deviation #2 seeks relief from Section 4.06.02, Table 2.4 of the LDC, which allows a shared 15' landscape buffer to be provided between platted commercial building lots with each abutting property contributing 7.5 feet, to permit a single 8-foot wide average internal landscape buffer between separately owned lots as shown on the Conceptual Master Plan with each property contributing 4 feet. This deviation applies to the Outlot parcels as shown on the Master Plan. 3. Deviation #3 seeks relief from Section 4.06.02.D1 and D2 of the LDC, which requires the water management system to not exceed 50 percent of the square footage of any required side, rear, or front yard landscape buffer and also have a minimum of a 5' wide level planted area, to allow the water management system to encroach 100% into the perimeter landscaping buffer. 4. Deviation #4 seeks relief from Section 4.06.03.B of the LDC, which requires all rows of parking spaces shall contain no more than ten parking spaces uninterrupted by a required landscaping island, to allow up to 19 parking spaces uninterrupted by a required landscape island. 5. Deviation #5 seeks relief from Section 5.03.02.H and 5.05.05.D.2 of the LDC, which requires a wall or fence to be 6' away from the property line when a non-residential development lies contiguous to or opposite a residentially zoned district, to allow the wall or fence to be on or adjacent to the property line. 6. Deviation #6 seeks relief from Section 5.05.05.B, which requires separation from adjacent facilities with fuel pumps to a minimum distance of 500 feet and from residential to be separated by 250 feet to allow a separation of 0' feet for the fuel facility separation from residential. 7. Deviation #7 seeks relief from Section 5.06.04.F.3 regarding directory signs to allow the existing directory signs with fewer than 8 tenant panels and at the existing height of 25' to remain. 8. Deviation #8 seeks relief from Section 5.05.08.D.4 of the LDC, Variation in Massing, which requires buildings 40,000 square feet or larger in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 150 linear feet. Projections and recesses must have a minimum depth of ten feet within 150 linear feet limitation, to allow variations as shown on Architectural Deviations Exhibit A-11. Courthouse Shadows PUD,PL20120001515 Last Revised 11/16/2016 Page 1 of 2 Courthouse Shadows CPDD 90 EXHIBIT C 9. Deviation #9 seeks relief from Section 4.06.02.C.4 of the LDC, which requires a perimeter landscape buffer for properties within Activity Centers to be a minimum of 20 feet in width, to permit a minimum width of 15' with an average width of 20' as shown on the Buffer Exhibit for the 0.28 acre parcel located at the intersection of Peters Avenue and U.S. 41 East. The buffer may include traffic control devices and utilities. However, tree plantings shall not be placed over or within six feet of any public water, reclaimed water, or sewer utility lines and shall not interfere with any County or state traffic control devices or access to all county or state traffic control equipment and devices and utilities. Whenever plantings obstruct the ingress and/or egress for the purposes of the easement they shall be removed upon request by the City of Naples, county or state, and in the event of failure by the owner to so move them, the city, county or state may do so and the expense of same charged to the property owner. When plantings placed over utility lines cause damage to the utilities systems, the property owner shall bear the cost of repair or replacement of the damaged utilities. 10. Deviation #10 seeks relief from Section 5.05.05.D.2 of the LDC, which establishes landscape standards for facilities with fuel pumps where they are within 250' of residential districts, to permit an alternative landscape buffer consistent with the proposed Deviation #10 Cross Section exhibit. 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'p?E e 3 ' C ^ ` o 3.2 $ 58.E i'S�s�3� g. vw ii 1'.10' 1.,-; � c � - d3 ( . 9134t d . ' D CD VI /-3 C -i• �+ .A O 11) 3 > O el N ; 9 0 1111 m. .. `q 4 � ;�',.�� ..,,,,, ' CDG/ R .:.r� � 3 b. yr AI1�� ,t':, 4 • tif,01 CO `i t coz,_ +4 ' f .«..Y h. v'_Y L �� '�� 4 wr t � �x ',,,4.,,,,,..c.,,,,\ t 1 '4 ��. -:i.'„ , :',,-..•- � , � ,.fib a m %; ' .wil � §ter? „ . � ;;; . � • I sem° p *`1. dr rn 0 0 l'' a Q I * 1 1 1' i EI r p 1 I 1 0 ( 1 tc1-14 Z Allkki,. I 1 Vr 1 0,3 , ..i, _ 90 Acct. #068779 November 17, 2016 Attn: Legals Naples News Media Group 1100 Immokalee Rd. Naples, Florida 34110 Re: PUDZA-PL20120001515 — Courthouse Shadows PUDZA Dear Legals: Please advertise the above referenced notice on Wednesday, November 23, 2016, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500172052 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, December 13, 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: The purpose of the hearing is to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 92-08, THE COURTHOUSE SHADOWS PLANNED UNIT DEVELOPMENT, BY INCREASING THE MAXIMUM SQUARE FOOTAGE OF THE SHOPPING CENTER AND OUTPARCELS BY 18,000 SQUARE FEET FOR A TOTAL OF 165,000 GROSS SQUARE FEET OF FLOOR AREA; BY AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL .35+/- ACRES OF LAND ZONED COMMERCIAL INTERMEDIATE DISTRICT IN THE MIXED USE SUBDISTRICT OF THE GATEWAY TRIANGLE MIXED USE DISTRICT OVERLAY (C-3-GTMUD-MXD) TO THE COURTHOUSE SHADOWS PUD; BY ADDING A MEMBERSHIP WAREHOUSE CLUB WITH ASSOCIATED LIQUOR STORE USE AND ANCILLARY FACILITY WITH FUEL PUMPS AS A PERMITTED USE; BY REVISING THE DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN; AND ADDING DEVIATIONS. THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF US 41 AND OPPOSITE AIRPORT PULLING ROAD IN SECTIONS 11, 12 AND 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 20.35+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZA-PL20120001515] 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. 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 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 the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, 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 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 CHAIRMAN DONNA FIALA DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 913 County Of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY CQURTHO\JSE a,. 3315 TAMIAMI TRL E STE 102 Dwight E. Brock-Clerlcyrpf Circuit Court P.O. BOX 413044 NAPLES,FL 34112-5324 * NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor • Custodian of County Funds November 17, 2016 Q. Grady Minor Attn: Sharon Umpenhour 3800 Via Del Rey Bonita Springs, FL 34134 RE: PUDZ-PL20150001515 — Courthouse Shadows PUDZA Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 13, 2016 as indicated on the enclosed notice. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, November 23, 2016. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK MCCCiUALti Martha Vergara, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com 9D Martha S. Vergara From: Martha S. Vergara Sent: Thursday, November 17, 2016 10:09 AM To: Legals NDN (legals@naplesnews.com) Subject: PUDZA-PL20150001515 Courthouse Shadows PUDZA Attachments: PUDZ-PL20120001515 Courthouse Shadows PUDZA (CCPC 12-13-16).doc; PUDZA- PL20120001515 Courthouse Shadows PUDZA (12-13-16).doc Hello, Please advertise the following attached ad Wednesday, November 23, 2016. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara(&collierclerk.com 1 90 k• Martha S. Vergara From: Gori, Ivonne <Ivonne.Gori@naplesnews.com> Sent: Thursday, November 17, 2016 1:47 PM To: Martha S. Vergara Subject: RE: PUDZA-PL20150001515 Courthouse Shadows PUDZA Confirmed receipt. From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent:Thursday, November 17, 2016 10:09 AM To: NDN-Legals<legals@naplesnews.com> Subject: PUDZA-PL20150001515 Courthouse Shadows PUDZA Hello, Please advertise the following attached ad Wednesday, November 23, 2016. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergarana collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 90 Martha S. Vergara From: ivonne.gori@naplesnews.com Sent: Thursday, November 17, 2016 1:53 PM To: Martha S.Vergara Cc: Ivonne Gori Subject: Ad: 1365811, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: BCCZONINGD-47-1365811-1.pdf Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 > Ad Proof ? apLrE1 B3aiL ? rw! i Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gorit naplesnews.com Date: 11/17/16 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:505868(N068779) Please confirm placement prior to deadline by contacting your account Company Name:BCC/ZONING DEPARTMENT rep at(239)262-3161 . Ad Id:1365811 P.O.No.:45-172052 Total Cost:$494.25 Contact Name: Email:martha.vergara@collierclerk.com Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date: 11/23/16 Stop Date:11/23/16 Phone:(239)774-8049 Fax:(239)774-6179 Number of Times:1 Class:16250-Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice Is hereby given that all Tuesday,December 13.206,In the Board of County Commissioners Meeting Room,Third Floor, Collier 3299 smi IIlsNaples teBoard of County CommssMBm (BCC)wilconsidethe attment ora County Ordinance,The meeting will commence aIMAM,The title of the proposed Ordinance is as follows: The purpose of the hearing is to consider; AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 92-06,THE COURTHOUSE SHADOWS PLANNED UNIT DEVELOPMENT,BY INCREASING THE MAXIMUM SQUARE FOOTAGE OF THE SHOPPING CENTER AND OUTPARCELS BY]8,000 SQUARE FEET FOR A TOTAL OF 165.000 GROSS SQUARE FEET OF FLOOR AREA; BY AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION Of AN ADDITIONAL.350/-ACRES OF LAND ZONED COMMERCIAL INTERMEDIATE DISTRICT IN THE MIXED USE SUBDISTRICT OF THE GATEWAY TRIANGLE MIXED USE DISTRICT OVERLAY (C-3-GTMUD-MXD) TO THE COURTHOUSE SHADOWS PUD;BY ADDING A MEMBERSHIP WAREHOUSE CLUB WITH ASSOCIATED LIQUOR STORE USE AND ANCILLARY FACILITY WITH FUEL PUMPS ASA PERMITTED USE;BY REVISING THE DEVELOPMENT STANDARDS;BY AMENDING THE MASTER PLAN;AND ADDING DEVIATIONS. THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF US 11 AND OPPOSITE AIRPORT PULLING ROAD IN SECTIONS 11,12 AND 13,TOWNSHIP 50 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA,CONSISTING OF 20350/. ACRES;AND BY PROVIDING AN EFFECTIVE DATE.[PUDZA- PLy20120601515) Boarpd anti Cls ova II able for nspection.nAll mere thed plaroles taro invited to attend and be heard. NOTE:All persons wishinyg to speak on any agenda Item must Net agenda item the o0be County manager Individur al speakerswill of limited to 3 minutes on any Item.The selection of any individual It recognized by thak on behalf e Chai man a aslpokespe son for acgrouped. or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing.In any case written materials intended to be considered by the Board sham be submitted to the appropriate County staff a minimum f even isree hearing. lmaterials used of presentations will become a permapart fthe record. C;1911'need a recordeof the proceedings pertalrnng theretooand therefore, ro may mato includes the testimord ny f the d ev dence pon made,ich he appeal is based. ran goad If youare aperson witha disability whoneedsanyaccmnmodatlon in Order to participate in this proceeding.you are entitled.at ccost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiaml Trail East,Suite 11p01.Naples.FL 3a11dor to the g2- A Assisted listening3devicesat l for the two Impaired are available In the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA CHAIRMAN DONNA FIALA DWIGHT E.BROCK,CLERK By: Martha Vergara,Deputy Clerk (SEAL) November 3652111 Thank you 2y6lfor your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 90 4 Martha S. Vergara From: Neet, Virginia Sent: Monday, November 21, 2016 1:51 PM To: Martha S. Vergara Subject: FW: PUDZA-PL20120001515 Courthouse Shadows PUDZA From: AshtonHeidi Sent: Monday, November 21, 2016 1:50 PM To: NeetVirginia Cc: CrotteauKathynell Subject: RE: PUDZA-PL20120001515 Courthouse Shadows PUDZA Approved. /4/4/s%itoK-(iielGo Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 From: NeetVirginia Sent: Monday, November 21, 2016 1:48 PM To: AshtonHeidi Cc: CrotteauKathynell Subject: FW: PUDZA-PL20120001515 Courthouse Shadows PUDZA Heidi: This is supposed to run on Wednesday but still needs your approval. Dinny From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, November 21, 2016 1:39 PM To: NeetVirginia Subject: FW: PUDZA-PL20120001515 Courthouse Shadows PUDZA Dinny, Sorry, I had to look for it!! Martha o y Martha S. Vergara From: Martha S. Vergara Sent: Monday, November 21, 2016 1:53 PM To: 'ivonne.gori@naplesnews.com' Subject: RE: 1365811, NOTICE OF PUBLIC HEARING NOTICE OF I Hi Ivonne, This ad proof has been reviewed and approved by the legal department. Please proceed with publishing as requested. Thanks, Martha Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com] Sent: Thursday, November 17, 2016 1:53 PM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Cc: Ivonne Gori <ivonne.gori@naplesnews.com> Subject: Ad: 1365811, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist Naples Daily News/USA Today Network 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Ru D Z - L 094)0600 is IS O&udkov Shedtais 'vDZ4 NOTICEOFHEARING CONSIDER INTENT TO CONSIDER AN ORDINANCE 90 Notice is herety given that on Tuesday, December 13, 2016, in the Board of Ccunty 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: The purpose of the hearing is to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 92-08,THE COURTHOUSE SHADOWS PLANNED UNIT DEVELOPMENT,BY INCREASING THE MAXIMUM SQUARE FOOTAGE OF THE SHOPPING CENTER AND OUTPARCELS BY 18,000 SQUARE FEET FOR A TOTAL OF 165,000 GROSS SQUARE FEET OF FLOOR AREA; BY AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL.35+/-ACRES OF LAND ZONED COMMERCIAL INTERMEDIATE DISTRICT IN THE MIXED USE SUBDISTRICT OF THE GATEWAY TRIANGLE MIXED USE DISTRICT OVERLAY (C-3-GTMUD-MXD) TO THE COURTHOUSE SHADOWS PUD;BY ADDING A MEMBERSHIP WAREHOUSE CLUB WITH ASSOCIATED LIQUOR STORE USE AND ANCILLARY FACILITY WITH FUEL PUMPS AS A PERMITTED USE; BY REVISING THE DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN;AND ADDING DEVIATIONS. THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF US 41 AND OPPOSITE AIRPORT PULLING ROAD IN SECTIONS 11, 12 AND 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 20.35+/- ACRES;AND BY PROVIDING AN EFFECTIVE DATE.[PUDZA- PL20120001515] 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. 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 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 the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, 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 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 CHAIRMAN DONNA FIALA DWIGHT E.BROCK,CLERK By: Martha Vergara,Deputy Clerk (SEAL) November 23,2016 No.1365811 90 , ..‘a apLrø ilaiturjjjs NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun- ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# BCC/ZONING DEPARTMENT 1365811 NOTICE OF PUBLIC HEA 45-172052 Pub Dates November 23,2016 1 acv �'•�rsT (Sign ure of affiant) lindhiaiheidlwiliigardwidirdiwandowdlheir Sworn to and subscribed before me 4 ,+o�VPL;;,,,, IVONNE GORI This Novemb 30,2016 1 -1 Notary Public-State of Florida • ' I. ,g Commission #FF 900870 1 T' My Comm.Expires Jul 16,2019 / 4 1 OVA" Bonded through National Notary Assn. /DOLL F41 PRIPIRPNIPTIllsoMPW•1111PRIIIMP•WRIP611 (Signatur of affiant) ' 26D Wednesday,November 23,2016 Naples Daily News �mra OM.,P ubl is Notices Other Public N„tir:,s Other[NOM,:N ntices Other Public Notices Other Public N:�ti cos Other Public Nilic es 1RM�/Ir■■■{ NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING NOTICE OF NBUC HEARINGNOTICE OF PUBUC HEARING NOTICE OF INTENT TO CONSIDER A RESOLUTION NOTICE OF INTENT TO CONSIDER AN ORDINANCE NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby giventhat on December 13,2016,in the Notice is hereby given that on Tuesday,December 13,2016,in Notice is hereby given that on Tuesday,December 13,,2016.in Board of County Commissioners Meeting Room,Third Floor, the Board of County Commissioners Meeting Room,Third Floor, the Board of County Commissioners Meeting Room,Third Floor, Collier Government Center,3299 Tamiami Trail East,Naples FL., Collier Government Center,3299 Tamiami Trail East,Naples FL.. Collier Government Center,3299 Tamiami Trail East,Naples FL.. the Board of County Commissioners(BCC)will consider the the Board of County Commissioners(BCC)will consider the the Board of Corny Commissioners(BCC)will consider the enactment of a County Resolution.The meeting will commence enactment of a County Ordinance.The meeting will commence enactment of a County Ordinance.The meeting will commence at 9:00 A.M.The title of the proposed Resolution is as follows: at 9:00 A.M.The title of the proposed Ordinance is as follows: at 9:00 A.M.The title of the proposed Ordinance is as follows: RESOLUTION NO.2016.___ The purpose of the hearing is to consider: The purpose of the hearing is to consider: A RESOLUTION OF THE BOARD OF COUNTY AN ORDINANCE OF THE BOARD OF COUNTY AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,TO COMMISSIONERS OF COLLIER COUNTY, FLORIDA COMMISSIONERS OF COLLIER COUNTY, FLORIDA DISCLAIM,RENOUNCE AND VACATE A PORTION OF TRACT AMENDING ORDINANCE NO.95-74,THE NAPLES HERITAGE AMENDING ORDINANCE NO.2004-41, AS AMENDED, C5 CONSERVATION AREA,AND A PORTION OF THE 10 FOOT GOLF AND COUNTRY CLUB PLANNED UNIT DEVELOPMENT, THE COLLIER COUNTY LAND DEVELOPMENT CODE, COLLIER COUNTY CONSERVATION BUFFER EASEMENT AND AMENDING ORDINANCE NO.2004-41,THE COLLIER WHICH ESTABLISHED THE COMPREHENSIVE ZONING WITHIN TRACT CS,AS SHOWN ON NAPLES HERITAGE GOLF COUNTY LAND DEVELOPMENT CODE,BY AMENDING THE REGULATIONS FOR THE UNINCORPORATED AREA AND COUNTRY CLUB PHASE ONE,PLAT BOOK 26,PAGE 73 APPROPRIATEZONING ATLAS MAP OR MAPS BY CHANGING OF COLLIER COUNTY, FLORIDA BY AMENDING THE OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. THE ZONING CLASSIFICATION OF AN ADDITIONAL APPROPRIATEZONING ATLAS MAP OR MAPS BY CHANGING THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY I/2 5.210 ACRES OF LAND ZONED RURAL AGRICULTURAL THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED MILE EAST OF SANTA BARBARA BLVD,AND I MILE SOUTH (A)TO NAPLES HERITAGE GOLF AND COUNTRY CLUB REAL PROPERTY FROM THE RURAL AGRICULTURAL(A) OF DAVIS BLVD,IN SECTION 9,TOWNSHIP 50 SOUTH, PUD;BY REVISING THE PROPERTY DESCRIPTION;BY ZONING DISTRICT TO THE RESIDENTIAL SINGLE FAMILY RANGE 26 EAST,COLDER COUNTY,FLORIDA.(PETITION ADDING A RECREATION AREA TO TRACT A;BY REVISING (RSF-1)FOR PROPERTY LOCATED ON THE WEST SIDE OF VAC-PL20160001406) DEVELOPMENT STANDARDS;BY AMENDING THE MASTER MORGAN ROAD,APPROXIMATELY 750 FEET NORTH OF PLAN; BY ADDING A TENNIS CENTER CONCEPTUAL SABAL PALM ROAD IN SECTION 23,TOWNSHIP S0 SOUTH, A cop of the proposed Resolution is on file with the Clerk to the SITE PLAN AND A LANDSCAPE BUFFER EXHIBIT;AND RANGE 26 EAST,COLLIER COUNTY,FLORIDA,CONSISTING Boardandis available for inspection.All interested parties are PROVIDING AN EFFECTIVE DATE.THE SUBJECT PROPERTY, OF 5.70 ACRES;AND BY PROVIDING AN EFFECTIVE DATE. invited to attend and be heard. CONSISTING OF 5630 ACRES,IS LOCATED SOUTH OF [RZ-PL20I60001132] DAVIS BOULEVARD AND WEST OF COLLIER BOULEVARD IN NOTE:All persons wishing to speak on any agenda item must SECTIONS 3,4,9 AND 10,TOWNSHIP S0 SOUTH,RANGE 26 register with the County manager prior to presentation of EAST,COLLIER COUNTY,FLORIDA.[PUDZ-PL20150001416] A copy of the proposed Ordinaaee is on file with the Clerk to the the agenda item to be addressed. Individual speakers will be Board and is available for inopection.All interested parties are limited to 3 minutes on any item.The selection of any individual A copy of the proposed Ordinance is on tile with the Clerk to the invited to attend and be heard. to speak on behalf of an organization or group is encouraged. Board and is available for inspection.All interested parties are If recognized by the Chairman,a spokesperson for a group or invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must organization may be allotted 10 minutes to speak on an item. register with the County manager prior to presentation of NOTE:All persons wishing to speak on any agenda item must the agenda item to be addressed. Individual speakers will be Persons wishing to have written or graphic materials included in register with the County manager prior to presentation of limited to 3 minutes on any item.The selection of any individual the Board agenda packets must submit said material a minimum the agenda item to be addressed. Individual speakers will be to speak on behalf of an organization or group is encouraged. of 3 weeks prior to the respective public hearing.In any case, limited to 3 minutes on any item.The selection of any individual If recognized by the Chairman,a spokesperson for a group or written materials intended to be considered by the Board shall to speak on behalf of an organization or group is encouraged. organization may be allotted 10 minutes to speak on an item. be submitted to the appropriate County staff a minimum of If recognized by the Chairman,a spokesperson for a group or seven days prior to the public hearing.All materials used in organization may be allotted 10 minutes to speak on an Item. Persons wishing to have written or graphic materials included in presentations before the Board will become a permanent part the Board agenda packets must submit said material a minimum of the record. Persons wishing to have written or graphic materials included in of 3 weeks prior to the respective public hearing.In any case the Board agenda packets must submit said material a minimum written materials intended to be considered by the Board shall Any person who decides to appeal any decision of the Board of 3 weeks prior to the respective public hearing.In any case, be submitted to the appropriate County staff a minimum of win need a record of the proceedings pertaining thereto and written materials intended to be considered by the Board shall seven days prior to the public hearing.All materials used in therefore,may need to ensure that a verbatim record of the be submitted to the appropriate County staff a minimum of presentations before the Board will become a permanent part proceedings is made,which record includes the testimony and seven days prior to the public hearing.All materials used in of the record. evidence upon which the appeal is based. presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board If you are a person with a disability who needs any accommodation win need a record of the proceedings pertaining thereto and in order to participate in this proceeding,youare entitled,at Any person who decides to appeal any decision of the Board therefore,may need to ensure that a verbatim record of the no cost to you,to the provision of certain assistance. Please win need a record of the proceedings pertaining thereto and proceedings is made,which record includes the testimony and contact the Collier County Facilities Management Division, therefore,may need to ensure that a verbatim record of the evidence upon which the appeal is based. located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112. proceedings is made,which record includes the testimony and 5356,(239)252-8380,at least two days prior to the meeting. evidence upon which the appeal is based. If you area personwitha disability who needs any accommodation Assisted listening devices for the hearing impaired are available in order to participate in this proceeding,you are entitled,at in the Board of County Commissioners Office. If yoursonwitha disability who needsany accommodation no cost to you,to the provision of certain assistance. Please in orderer to to participate in this proceeding,you are entitled,at contact the Collier County Facilities Management Division, BOARD OF COUNTY COMMISSIONERS no cost to you,to the provision of certain assistance. Please located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112. COLLIER COUNTY,FLORIDA contact the Collier CountyFacilities Management Division, 5356,(239)252-8380,at least two days prior to the meeting. DONNA FIALA,CHAIRMAN located at 3335 Tamiami Trail East,Suite 101.Naples,FL 34112- Assisted listening devices for the hearing impaired are available 5356.(239)252-8380,at least two days prior to the meeting. in the Board of County Commissioners Office. DWIGHT E.BROCK,CLERK Assisted listening devices for the hearing Impaired are available By: Martha Vergara,Deputy Clerk in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS (SEAL) COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS CHAIRMAN DONNA FIALA November 23 8 30.2016 No.1364130 COLLIER COUNTY,FLORIDA CHAIRMAN DONNA FIALA DWIGHT E.BROCK,CLERK By:Martha Vergara,Deputy Clerk MP Put c Not ccs DWIGHT E.BROCK,CLERK (SEAL) By: Martha Vergara,Deputy Clerk November 23,2016 No.1364047 NOTICE OF PUBLIC HEARING (SEAL) NOTICE OF INTENT TO CONSIDER AN ORDINANCE November 23,2016 No.1364071Other Pubic Notes Ohl,P Ilii Notiree Notice is hereby given that on Tuesday,December 13,2016,in Peril Notces PublIc Notices NOTICE OF PUBLIC HEARING the Board of County Commissioners Meeting ROOM,Third Floor, NOTICE OF INTENT TO CONSIDER AN ORDINANCE Collier Government Center,3299 Tamiami Trail East,Naples FL., NOTICE OF PUBLIC HEARING the Board of County Commissioners(BCC)will consider the NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday,December 13th,2016,in enactment of a County Ordinance.The meeting will commence the Board of County Commissioners Meeting Room,Third Floor, at9:00 A.M.The title of the proposed Ordinance is as follows: Notice is hereby given that on Tuesday,December 13,2016.in Collier Government Center.3299 East Tamiami Trad,Naples FL., the Board of County Commissioners Meeting Room.Third Floor, the Board of County Commissioners(BCC)will consider the The purpose of the hearing is to consider: Collier Government Center,3299 Tamiami Trail East,Naples FL., enactment of a County Ordinance.The meeting will commence the Board of County Commissioners(BCC)will consider the at 9:00 A.M.The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY enactment of a County Ordinance.The meeting will commence COMMISSIONERS OF COLLIER COUNTY, FLORIDA, at 9:00 A.M.The title of the proposed Ordinance is as follows: The purpose of the hearing is to consider: AMENDING ORDINANCE NUMBER 92-08,THE COURTHOUSE SHADOWS PLANNED UNIT DEVELOPMENT,BY INCREASING The purpose of the hearing is to consider: AN ORDINANCE OF THE BOARD OF COUNTY THE MAXIMUM SQUARE FOOTAGE OF THE SHOPPING COMMISSIONERS OF COLLIER COUNTY, FLORIDA CENTER AND 065.000 ELS BY 18,000 SQUARE FEET FOR OF NANCEOFTNEBOLORIDA OMMISSIONERS AMENDING ORDINANCE NUMBER 2004-41,AS AMENDED, A TOTAL OF 165,000 GROSS SQUARE FEET OF FLOOR OF COLLIER COUNTY,FLORIDA AMENDING ORDINANCE THE COWER COUNTY LAND DEVELOPMENT CODE WHICH AREA; BY AMENDING ORDINANCE NUMBER 2004-41, NUMBER 2004.41,AS AMENDED,THE COLLIER COUNTY INCLUDES THE COMPREHENSIVE ZONING REGULATIONS THE COLLIER COUNTY LAND DEVELOPMENT CODE BY LAND DEVELOPMENT CODE, WHICH ESTABLISHED FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, AMENDING THE APPROPRIATE ZONING ATLAS MAP OR THE COMPREHENSIVE ZONING REGULATIONS FOR THE FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA, MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION ADDITIONAL.35./.ACRES OF LAND ZONED COMMERCIAL BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OF THE HEREIN DESCRIBED REAL PROPERTY FROM A INTERMEDIATE DISTRICT IN THE MIXED USE SUBDISTRICT OR MAPS BY CHANGING THE ZONING CLASSIFICATION COMMERCIAL INTERMEDIATE(C-3)ZONING DISTRICT, OF THE GATEWAY TRIANGLE MIXED USE DISTRICT OF THE HEREIN DESCRIBED REAL PROPERTY FROM A A GENERAL COMMERCIAL(C-4)ZONING DISTRICT AND OVERLAY (C-3-GTMUD-MXD) TO THE COURTHOUSE COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT A RURAL AGRICULTURAL(A)ZONING DISTRICT TO A SHADOWS PUD:BY ADDING A MEMBERSHIP WAREHOUSE KNOWN AS NEW HOPE MINISTRIES CFPUD ZONING COMMERCIAL PLANNED UNIT DEVELOPMENT(CPUD) CLUB WITH ASSOCIATED LIQUOR STORE USE AND DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO ALLOW UP TO 69,500 SQUARE FEET ANCILLARY FACIUTY WITH FUEL PUMPS AS A PERMITTED (MPUD)ZONING DISTRICT FOR THE PROJECT TO BE OF GROSS FLOOR AREA OF COMMERCIAL DEVELOPMENT USE;BY REVISING THE DEVELOPMENT STANDARDS;BY KNOWN AS THE NEW HOPE MPUD,TO ALLOW AN 800 SEAT INCLUDING A FACIUTY WITH FUEL PUMPS AND RETAIL AMENDING THE MASTER PLAN;AND ADDING DEVIATIONS. CHURCH,AND CONSTRUCTION OF A MAXIMUM OF 319 USES ON A 6.51 ACRE PARCEL TO BE KNOWN AS PRICE THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF US MULIT-FAMILY DWELLING UNITS ON 39.89 V-ACRES;BY STREET AND 41 CPDD,LOCATED AT THE SOUTHWEST 41 AND OPPOSITE AIRPORT PULLING ROAD IN SECTIONS PROVIDING FOR REPEAL OF ORDINANCE NUMBER 08-07, CORNER OF U.S.41 AND PRICE STREET IN SECTION 33, 11,12 AND 13,TOWNSHIP 50 SOUTH,RANGE 25 EAST, THE NEW HOPE MINISTRIES CFPUD;AND BY PROVIDING TOWNSHIP 50 SOUTH,RANGE 26 EAST,AND SECTIONS 3 COLLIER COUNTY,FLORIDA,CONSISTING OF 20.351-/- AN EFFECTIVE DATE.THE SUBJECT PROPERTY IS LOCATED AND 4,TOWNSHIP 51 SOUTH,RANGE 26 EAST,COLLIER ACRES;AND BY PROVIDING AN EFFECTIVE DATE.[PUDZA- ON THE NORTH SIDE OF DAVIS BOULEVARD EAST OF COUNTY,FLORIDA;AND BY PROVIDING AN EFFECTIVE PL2012000I515] SANTA BARBARA BOULEVARD IN SECTION 4,TOWNSHIP DATE.M20150000342] 50 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA. A copy of the proposed Ordinance is on file with the Clerk to the [FUDR-PL20150002519] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are Board and is available for inspection.All interested parties are invited to attend and be heard. A copy of the proposed Ordinance is on file with the Clerk to the invited to attend and be heard. NOTE All persons wishing to speak on an Board and Is evadable for inspection.All interested parties are y agenda item must Invited to attend and be heard. NOTE All persons wishing to speak on any agenda item must register with the County manager prior to presentation of register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be NOTE:All persons wishing to speak on any agenda item must the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item.The selection of any individual register with the County manager prior to presentation of limited to 3 minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged. the agenda item to be addressed. Individual speakers will be to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or limited to 3 minutes on any item.The selection of any individual If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. to speak on behalf of an organization or group is encouraged. organization may be allotted 10 minutes to speak an an nem. Persons wishingto have written or graphic materials included in of gecognized by the Chairman,a spokesperson far a gtoup ar C organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing-In any case, persons wishing to have written or graphic materials included in of 3 weeks prior to the respective public hearing. In any case written materials intended to be considered by the Board shall the Boerd agenda packets must submit said material a minimum written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of of 3 weeks prior to the respective public hearing.In any case be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in written materials intended to be considered by the Board shall seven days prior to the public hearing.All materials used in Presentations before the Board will become a permanent part be submitted to the appropriate County staff a minimum of presentations before the Board will become a permanent part f the record. seven days prior to the public hearing.All materials used in of the record. An person who decides to appeal any decision of the Board presentations before the Board will become a permanent part Any of the record. Any person who decides to appealany decision of the Board ill need a record of the proceedings pertaining thereto and need a record of the proceedings pertaining thereto and Board therefore,may need to ensure that a verbatim record of the Any person who decides to appeal any decision of the then refore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and will need a record of the proceedings pertaining thereto and proceedings is made,which record includes the testimony and evidence upon which the appeal is based. therefore,may need to ensure that a verbatim record of the evidence upon which the appeal is based. proceedings is made,which record includes the testimony and y If you area personwitha disability who needsany accommodation evidence upon which the appeal is based. If you area person with a disability who needs an accommodation in order to participate in this proceeding,youare entitled,at in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please ifyoersonwitha disability who needsany accommodation no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, in orderrder to t0 participate in this proceeding,you are entitled,at contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112- no cost to you,to the provision of certain assistance. Please located at 3335 Tamiami Trail East,Suite 101.Naples,FL 34112- 5356,(239)252-8380,at least two days prior to the meeting. contact the Collier County Facilities Management Division, 5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available located at 3335 Tamiami Trail East,Suite 101.Naples,FL 34112- Assisted listening devices for the hearing Impaired are available in the Board of County Commissioners Office, 5356,(239)252-8380,at least two days prior to the meeting. in the Board of County Commissioners Office. Assisted listening devices for the hearing impaired are available BOARD OF COUNTY COMMISSIONERS in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA COLLIER COUNTY,FLORIDA • CHAIRMAN DONNA FIALA BOARD OF COUNTY COMMISSIONERS CHAIRMAN DONNA FIALA COLLIER COUNTY,FLORIDA DWIGHT E.BROCK,CLERK CHAIRMAN DONNA FIALA DWIGHT E.BROCK,CLERK By: Martha Vergara,Deputy Clerk By: Martha Vergara,Deputy Clerk November 23.2016) No.1365011 DWIGHT yp Martha Vergara,Deputy Clerk NovembeLERK r 232016 No.1364086 (SEAL) November 23,2016 No.1365162 Q Wheels/Recreation Real Estate Garage Sales rcrlBudiy There's no place like...here found here AapleaUaihl'teum Novice,Boat;Nemo tocctifiedsNaplesaalluNous tocralfieds 1ooalfieds ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO an THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office tk P15- N/147.5/ N/145/ \Z.Va\10 4. BCC Office Board of County Commissioners -/ `zVIA‘L, 5. Minutes and Records Clerk of Court's Office 161.4t OR, 3• gSiiwt PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Daniel James Smith Phone Number 239-252-4312 Contact/ Department Growth Management De ment Agenda Date Item was December 13,2016 Agenda Item Number 9.D Approved by the BCC Type of Document Ordinance —�) _ ` Number of Original 1 Attached (Q 1p `� Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? No 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be 0J19 signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County N/A Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the Q" document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's QW signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing QW slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on December 13,2016 and all changes 0 ' made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved b the �F(iG • BCC, all changes directed by the BCC have been made,and the document is read for the Chairman's signature. �, I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revise . 05;Revi 0/12 90 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, December 19, 2016 2:48 PM To: Smith, Daniel Subject: Ordinance 2016-45 (12-13-2016 Item #9D ) Attachments: Ordinance 2016-45.pdf Hi Davtiel, A copy of Ordinance 2016-45, re: Courthouse Shadows Petition PUDZ-PL20120001515, that was adopted by the Board last Tuesday, December 13, 2016, (Item 4P9D) is attached For your records. It was filed with the State this morning; a memo to confirm the State's receipt and filing is the last page attached. Thank you, Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Board Collier County Board Minutes & Records Dept. 239-252-8406 Fax 239-252-8408 1 Ann P. Jennejohn 9 From: Ann P. Jennejohn Sent: Monday, December 19, 2016 9:10 AM To: County Ordinances (CountyOrdinances@dos.myflorida.com) Subject: CLL20161219_Ordinance2016_45 Attachments: CLL20161219_Ordinance2016_45.pdf Good Morvtivtg, COUNTY: CLL (COLLIER) ORDINANCE NUMBER: 2016-45 SENT 13Y: COLLIER COUNTY CLERK OF THE CIRCUIT COURT BOARD MINUTES & RECORDS DEPARTMENT SENDER'S PHONE: 239-252-8406 Tlnavtk you! Avun. Jenvtejolnvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustw evtt Board Collier Couvtty Board Mivtutes & Records Dept. 239-252-8406 Fax 239-252-8408 1 9Q ORDINANCE NO. 16- 4 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92-08, THE COURTHOUSE SHADOWS PLANNED UNIT DEVELOPMENT BY INCREASING THE MAXIMUM SQUARE FOOTAGE OF THE SHOPPING CENTER AND OUTPARCELS BY 18,000 SQUARE FEET FOR A TOTAL OF 165,000 GROSS SQUARE FEET OF FLOOR AREA; BY AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL .35+/- ACRES OF LAND ZONED COMMERCIAL INTERMEDIATE DISTRICT IN THE MIXED USE SUBDISTRICT OF THE GATEWAY TRIANGLE MIXED USE DISTRICT OVERLAY (C-3- GTMUD-MXD) TO THE COURTHOUSE SHADOWS PUD; BY ADDING A MEMBERSHIP WAREHOUSE CLUB WITH ASSOCIATED LIQUOR STORE USE AND ANCILLARY FACILITY WITH FUEL PUMPS AS A PERMITTED USE; BY REVISING THE DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN AND ADDING DEVIATIONS. THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF US 41 AND OPPOSITE AIRPORT PULLING ROAD IN SECTIONS 11, 12 AND 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 20.35+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZA-PL20120001515] WHEREAS, KRG COURTHOUSE SHADOWS, LLC represented by D. Wayne Arnold, AICP of Grady Minor & Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to amend the PUD and change the zoning classification of the additional herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Words struckgh are deleted; words underlined are added [12-CPS-01190] 218 Courthouse Shadows PUD Page 1 of 9 PUDZA-PL20120001515 12/14/16 0 SECTION ONE: ZONING CLASSIFICATION 9 D The zoning classification of approximately .35 acres of the herein described real property located in Section 11, Township 50 South, Range 25 East, Collier County, Florida is changed from a Commercial Intermediate District in the Mixed Use Subdistrict of the Gateway Triangle Mixed Use District Overlay (C-3-GTMUD-MXD) to the Planned Unit Development (PUD) zoning district and when combined with the existing Courthouse Shadows PUD provides for a 20.35+/- acre project in accordance with Ordinance No. 92-8, as amended by this Ordinance. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: AMENDMENT TO TABLE OF CONTENTS OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 The Table of Contents of the PUD document attached to Ordinance Number 92-8, PUD is hereby amended as follows: TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE ii STATEMENT OF INTENT iii SECTION I PROPERTY OWNERSHIP & DESCRIPTION 1-1 SECTION II GENERAL DEVELOPMENT REGULATIONS 2-1 SECTION III GENERAL DEVELOPMENT COMMITMENTS 3-1 EXHIBIT—"A"MASTER PLAN EXHIBIT—"B"LEGAL DESCRIPTION EXHIBIT—"C"DEVIATIONS FROM LDC REQUIREMENTS EXHIBIT—"D" BUILDING SIGNAGE Words Hugh are deleted;words underlined are added [12-CPS-01190]218 Courthouse Shadows PUD Page 2 of 9 PUDZA-PL20120001515 12/14/16 1 f)f n i SECTION THREE: AMENDMENT TO THE FIRST PARAGRAPH OF THE STATEMENT OF COMPLIANCE OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 The first paragraph of the Statement of Compliance of the PUD Document, attached as Exhibit"A"to Ordinance No. 92-8, is hereby amended as follows: The purpose of this Section is to express the interest of : •- !- - ::-• Corporation KRG Courthouse Shadows, LLC to develop 20.0820.3± acres of land located in Sections 11, 12 and 13, Township 50 South, Range 25 East, Collier County, Florida. SECTION FOUR: AMENDMENT TO THE STATEMENT OF INTENT OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 The Statement of Intent of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: The purpose of this Section is to express the intent of the developer Collier Development Gerperatien to commence development of a commercial activity center planned unit of development. It is the intent of the developer Collier Development Corporation to continue the development of architecturally unified commercial establishments built on the project site and on the concept of planned arrangement and unified management control. The unified development approval under the PUD district designation will ensure that the proiect is aesthetically pleasing and functionally efficient. It will allow an efficient pattern of internal circulation to be established, and limited points of vehicular ingress and egress. These functional and aesthetic advantages, which cannot be provided in the conventional strip commercial development configurations, have been maximized and shall be sustained in the approval of this planned unit of development. This planned unit of development shall be limited to specific commercial uses which are compatible with uses permitted within activity centersand inter related to the business •:- . ': :;; _ - -r. It is the interest of the developer Collier Development Corporation to continue development in accordance with the regulations of this Planned Unit of Development. It is the purpose of this document to set forth the complete plan, regulations and conditions of development along with other information required in accordance with the PUD ordinance. It is further the intent of the developer Collier Development Corporation to commence development once all necessary permits and approvals have been granted. Words struck through are deleted;words underlined are added [12-CPS-01190] 218 Courthouse Shadows PUD Page 3 of 9 PUDZA-PL20120001515 12/14/16 913 SECTION FIVE: AMENDMENT TO SECTION 1.2 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 1.2 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: The subject property is currently under the control of Collier Development Corporation, 3003 North Tamiami Trail, Naples, Florida 339'lQKRG Courthouse Shadows, LLC, 30 S. Meridian St., Suite 1100, Indianapolis, IN 46204. SECTION SIX: AMENDMENT TO SECTION 1.3 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 TO ADD ACREAGE Section 1.3 of the PUD Document, attached as "Exhibit A" to Ordinance No. 92-8, is hereby deleted in its entirety and replaced by: See Exhibit B, Legal Description, attached hereto and incorporated herein by reference. SECTION SEVEN: AMENDMENT TO SECTION 2.1 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 2.1 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: The purpose of this Section is to set forth the regulations for development of the proposed 20.0820.3± acre Planned Unit Development identified on the Master Plan. SECTION EIGHT: AMENDMENT TO SECTION 2.3 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 2.3 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: 2.3. USES PERMITTED 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: Words struck through are deleted;words underlined are added [12-CPS-01190]218 Courthouse Shadows PUD Page 4 of 9 PUDZA-PL20120001515 12/14/16 9D A. Principal Uses: 1. Antique Shops 2. Appliance stores 3. Art studios 4. Art supplies 5. Automobile parts stores 6. Automobile service stations, including facilities with fuel pumps. 7. Bakery shops (including baking incidental to retail or wholesale sales) 8. Banks(branch or main office) and financial institutions 9. Barber and beauty shops 10. Bath supply stores 11. Blueprint shops 12. Bicycle sales and services 13. Book stores 14. Carpet and floor covering sales (including storage and installation) 15. Child care centers 16. Cocktail lounges, commercial recreation(indoor) 17. Clothing stores 18. Commercial schools 19. Confectionery and candy stores 20. Delicatessen; drive-in restaurants, drug stores; dry cleaning shops; dry goods stores and department stores. 21. Electric supply stores 22. Fish stores; florist shops; food markets (including facilities with fuel pumps); furniture stores; furrier shops and fast food restaurants. 23. Gift shops, gourmet shops 24. Hardware stores; health food stores; hobby supply stores; home for the aged 25. Ice cream stores; ice sales; interior decorating showrooms 26. Jewelry stores 27. Laundries, leather goods, and luggage stores; locksmiths and liquor stores 28. Meat market; medical office or clinic for human care; millinery shops; motion picture theater; music stores 29. Membership warehouse club with associated liquor store use and ancillary facility with fuel pumps. The facility with fuel pumps may not be open to the general public and shall be for only members of the membership warehouse club. 2930. Office (retail or professional); office supply stores 3431. Paint and wallpaper stores; pet shops, pet supply stores; photographic equipment stores; post office 3-1-32. Radio and television sales and service; small appliance stores; shoe sales and repairs; restaurants 3233. Souvenir stores; stationery stores; shopping centers; supermarkets subject to site development plan approval. 3334. Tailor shops; tobacco shops; toy shops; tropical fish stores 3435. Variety stores; veterinary offices and clinics (no outside kenneling) Words struck through are deleted;words underlined are added [12-CPS-01190]218 Courthouse Shadows PUD Page 5 of 9 PUDZA-PL20120001515 12/14/16 �;� 913 3536. Watch and precision instrument sales and repair 3637. Any other commercial use of professional service normally allowed in C-3 Zoning District with approval of the Zoning Director as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. SECTION NINE: AMENDMENT TO SECTION 2.4 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 2.4 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: 2.4 MINIMUM YARD REQUIREMENTS ********************************** F. Minimum internal setback from the additional 0.28± acre FDOT surplus parcel shall be zero (0) feet. SECTION TEN: AMENDMENT TO SECTION 2.8 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 2.8 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: 2.8 SIGNS A. Individual Business Signs: Wall, marquee, or hanging sings signs below the canopy of the shopping eenteiwimary retail building, with an area not more than twenty percent (20%) of the total square footage of the front wall or facade area under the canopy, with a maximum of 250 square feet per rental unit, consistent with the locations shown on Exhibit D - Building Signage. SECTION ELEVEN: AMENDMENT TO SECTION 3.2A OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 3.2A of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: Words struck are deleted; words underlined are added [12-CPS-01190] 218 Courthouse Shadows PUD Page 6 of 9 PUDZA-PL20120001515 12/14/16 9D A. The PUD Master Plan is an illustrative preliminary development plan as prepared by Coastal Engineering Consultants, Inc. Drawing No. 91 223 Q. Grady Minor and Associates, P.A., Exhibit "A" Master Plan. The maximum square footage of the shopping center and outparcels shall not exceed a total of 117,000165,000 square feet. SECTION TWELVE: AMENDMENT TO SECTION 3.5 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 3.5 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: 3.5 WATER MANAGEMENT A. An adequate access easement shall be provided for access through the shopping center to Haldeman Creek. B. Petitioner shall obtain a right-of-way permit for all construction within the Haldeman Creek easement. C. For purposes of stormwater management, the proposed redevelopment project shall be treated as a new development project; therefore, it will comply with the existing offsite allowable discharge rates and retention/ detention criteria, as the date of this PUD amendment approval. SECTION THIRTEEN: AMENDMENT TO SECTION 3.6 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 3.6 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: 3.6 TRAFFIC A. The applicant is advised that future development activities are subject to land use controls consistent with the Collier County Growth Management Plan, as amended. Such controls may, from time to time, preclude the applicant's ability to initiate, continue and/or to complete the project improvements as presently scheduled. B. The owner, its successors, or assigns shall pay for the design and construction of a five foot sidewalk along Peter's Avenue up to the sum of$ 50,000.00, which shall represent its payment in-lieu consistent with LDC Section 6.06.02 for the entire site. Owner shall make payment to County within 30 days of approval of the Site Development Plan for the redevelopment. Words struck through are deleted;words underlined are added [12-CPS-01190]218 Courthouse Shadows PUD Page 7 of 9 PUDZA-PL20120001515 12/14/16 9D C. Upon redevelopment of the site with a single large format retail user such as Sam's Club, the owner shall close the southernmost vehicular access to Peters Avenue. The project shall be permitted to have an emergency vehicle only entrance as shown on the Master Plan. D. The proposed new-revised parking island layout and building configuration shown on the master plan are conceptual and are not part of this zoning petition approval. Review and approval of any proposed site changes including but not limited to access entries, parking islands, and drive aisles shall be done at time of site development order (SDP/SDPA) E. The development is limited to the 662 total net new PM peak hour trips utilized in the Traffic Impact Statement dated March 18, 2016. SECTION FOURTEEN: AMENDMENT TO SECTION 3.7 OF THE PUD DOCUMENT OF ORDINANCE NO. 92-8 Section 3.7 of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby amended as follows: 3.7 ENVIRONMENTAL CONSIDERATIONS *** *** *** *** *** Text break *** *** *** *** *** H. Native vegetation shall be retained or replanted in accordance with SDP 98-75. As an alternative, the developer may also elect to provide offsite preservation of native vegetation in accordance with the LDC. SECTION FIFTEEN: AMENDMENT TO THE PUD DOCUMENT OF ORDINANCE NO. 92-8 TO REVISE EXHIBIT "A" MASTER PLAN Exhibit "A" Master Plan of the PUD Document, attached as Exhibit "A" to Ordinance No. 92-8, is hereby deleted in its entirety and replaced with Exhibit "A", Master Plan, attached hereto and incorporated herein by reference. Words struck through are deleted;words underlined are added [12-CPS-01190]218 Courthouse Shadows PUD Page 8 of 9 PUDZA-PL20120001515 12/14/16 9 0 SECTION SIXTEEN: AMENDMENT TO THE PUD DOCUMENT OF ORDINANCE NO. 92-8 TO ADD EXHIBIT "C", DEVIATIONS The PUD Document, attached as Exhibit "C" to Ordinance No. 92-8, is hereby amended to add the following: See Exhibit"C", Deviations, attached hereto and incorporated herein by reference. SECTION SEVENTEEN: EFFECTIVE DATE 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 34k-day of 1 ._(..x_,-11 6tr , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BR ? , CLERK COLLIER COUNTY, FLORIDA 14,By: sk�. .,>> '43-£ • By: t / w r ` . � Deiuty Clerk DINNA FIALA, Chairman esti ® 1 A sign ureonly; _< Approved as to form and legality: f CIL, Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—Master Plan Exhibit B - Legal Description Exhibit C—Deviations including Buffer Exhibit This ordinance filed with the Exhibit D—Building Signage , tart' of ts Office the f day of Iote aDl‘o and acknowledgeme�ly fcdhat filica received this `I day of lac .ii 4 f4 By Aw ? Words struck through are deleted;words underlined are added [12-CPS-01190]218 Courthouse Shadows PUD Page 9 of 9 PUDZA-PL20120001515 12/14/16 -,3 •01.10,11i 21111.11,111,14 or MA 1 wommeNgesan,soma mann-.14Don-...... r,i, , , i § crUi Rid U� tiJ_ 1 l'i I `\ zozu, $ .-1'114/1 \ Zj U 1 e I \• NO Z O z_r z \ o / Q \ in �g J in�ci o a NN �� ♦ Z NL-0 _ D `�7\".o z ♦ o, O a� -4.‘t �O�\. NO m '�uy °`'�� \' S x w q a 5 4s ♦ a a n ( )� / \ w0) 111 mwUr J _♦\ w5U wg\ NVQ`� • �l`�_ Q W(n�0 Y' WZW fI/ a—i�O o zW.4 J (` ♦ W o g v O w / Z D D s` 5 0 0' DO D (� r U � i P4'.% 'a zi a a i to 2 101-II W �` u Li n r . O g , j i D DD _ o , � 0 D OLJ ~O Q v/ y� "? & ` N � Uo ®OUa W J.>„ z .Zw6 i 1- `', jN ,c4 IR /z J uE R. I. o Z 4,1"). / O / .% a a 1 $ Z I!I /. 0 ,i o o I / / r O�yO�j/ wULLL oII o 0 o '❑ c,/P�?J ZZzo 22 Z I ` i�/ Qf0 N 4. 'all h • " S's'- ♦I } H u.niloan. I • �O\o // i� WRai x,LL LL M �Wo�o'40 i r ,) 0UJ 0 1:-.'jD wao oZ0 wK �w ra ®W h '..'AT... ^g :::::-.88r-';.: II ❑ _ 2 Lu Z CC /N N O F O w W ^��v^� WZUnmV QO 'II / VO1ZW / \ K y WU _ N 0)ww� gmo ♦ owwM< 00 o � z \� wL��W1 ° w(n 0 e 8 LVA z FQwxao OOLL° w W°01°0° •i, a ZZr" co 0 - ....•-- ozz zgWNaO O =a zwlili 1' PETERS AVENUE o ld F W. LU �O NWOLL2'QO 0 2j F s 1/P. NN 5 Z N -_ — Courthouse Shadows PUD 0 Exhibit B 9 Legal Description BEING A PORTION OF LAND LYING IN SECTIONS 11, 12, & 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF THE PLAT OF COURTHOUSE SHADOWS AS RECORDED IN PLAT BOOK 29 PAGES 40-41 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN ALONG SAID PLAT FOR THE FOLLOWING NINE (9) COURSES AND DISTANCES: 1. THENCE S 89° 01' 07" W, A DISTANCE OF 838.57 FEET; 2. THENCE N 00° 15' 36" W, A DISTANCE OF 276.13 FEET; 3. THENCE N 89° 59' 12" W, A DISTANCE OF 331.40 FEET; 4. THENCE N 00° 18' 23" W, A DISTANCE OF 30.00 FEET; 5. THENCE S 89° 28' 37" W, A DISTANCE OF 140.47 FEET; 6. THENCE N 00° 11' 18" W, A DISTANCE OF 757.17 FEET; 7. THENCE N 89° 15' 15" E, A DISTANCE OF 138.91 FEET; 8. THENCE N 00° 18' 23" W, A DISTANCE OF 100.34 FEET; 9. THENCE S 89° 13' 43" W, A DISTANCE OF 138.71 FEET TO A POINT ON THE EAST LINE OF PETERS AVENUE AS RECORDED IN PLAT BOOK 1, PAGE 56 OF SAID PUBLIC RECORDS; THENCE RUN ALONG SAID EAST LINE N 00° 11' 18" W, A DISTANCE OF 116.95 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3939, PAGE 463 OF SAID PUBLIC RECORDS; THENCE RUN ALONG SAID LANDS FOR THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1. THENCE N 38° 02' 06" E, A DISTANCE OF 138.66 FEET; 2. THENCE S 82° 55' 44" E, A DISTANCE OF 23.32 FEET; 3. THENCE S 51° 37' 15" E, A DISTANCE OF 37.56 FEET TO THE NORTHEAST CORNER OF SAID LANDS; THE SAME BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (US 41); THENCE RUN ALONG SAID LINE FOR THE REMAINING COURSES AND DISTANCES: 1. S 52° 02' 35" E, A DISTANCE OF 85.20 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 12° 59' 04", A RADIUS OF 1773.76 FEET, A CHORD BEARING AND DISTANCE OF S 45° 33' 03" E, 401.11 FEET; THENCE IN A WESTERLY DIRECTION, WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 401.97 FEET TO THE END OF SAID CURVE; 2. THENCE S 39° 03' 31" E, A DISTANCE OF 1306.74 FEET TO THE POINT OF BEGINNING. CONTAINING 20.35 ACRES MORE OR LESS. Page 1 of 1 Courthouse Shadows CPUD / EXHIBIT C DEVIATIONS FROM LDC REQUIREMENTS 1. Deviation #1 seeks relief from Section 4.05.06.B of the LDC, which requires 3 loading spaces for the first 50,000 SF of each retail store, warehouse, wholesale establishment, industrial activity, terminal, market, restaurant, funeral home, laundry, dry cleaning establishment, or similar use which has an aggregate floor area of 20,000 but not over 50,000 plus one additional off-street loading space for each additional 25,000 SF over 50,000 SF or major fraction thereof which would require 7 loading spaces to instead allow a total of 5 loading spaces measuring 10'x20' (200 s.f.). This deviation applies to the location shown on the Master Plan. 2. Deviation #2 seeks relief from Section 4.06.02, Table 2.4 of the LDC, which allows a shared 15' landscape buffer to be provided between platted commercial building lots with each abutting property contributing 7.5 feet, to permit a single 8-foot wide average internal landscape buffer between separately owned lots as shown on the Conceptual Master Plan with each property contributing 4 feet. This deviation applies to the Outlot parcels as shown on the Master Plan. 3. Deviation #3 seeks relief from Section 4.06.02.D1 and D2 of the LDC, which requires the water management system to not exceed 50 percent of the square footage of any required side, rear, or front yard landscape buffer and also have a minimum of a 5' wide level planted area, to allow the water management system to encroach 100% into the perimeter landscaping buffer. 4. Deviation #4 seeks relief from Section 4.06.03.B of the LDC, which requires all rows of parking spaces shall contain no more than ten parking spaces uninterrupted by a required landscaping island, to allow up to 19 parking spaces uninterrupted by a required landscape island. 5. Deviation #5 seeks relief from Section 5.03.02.H and 5.05.05.D.2 of the LDC, which requires a wall or fence to be 6' away from the property line when a non-residential development lies contiguous to or opposite a residentially zoned district, to allow the wall or fence to be on or adjacent to the property line. 6. WITHDRAWN. 7. Deviation #7 seeks relief from Section 5.06.04.F.3 regarding directory signs to allow the existing directory signs with fewer than 8 tenant panels and at the existing height of 25' to remain. 8. WITHDRAWN 9. Deviation #9 seeks relief from Section 4.06.02.C.4 of the LDC, which requires a perimeter landscape buffer for properties within Activity Centers to be a minimum of 20 feet in width, to permit a minimum width of 15' with an average width of 20' as shown on the Buffer Exhibit for the 0.28 acre parcel located at the intersection of Peters Avenue and U.S. 41 East. The buffer may include traffic control devices and utilities. However, tree plantings shall not be placed over or within six feet of any public water, reclaimed water, or sewer utility lines and Courthouse Shadows PUD, PL20120001515 Last Revised 12/15/2016 Page 1 of 2 Courthouse Shadows CPUD 9 El EXHIBIT C shall not interfere with any County or state traffic control devices or access to all county or state traffic control equipment and devices and utilities. Whenever plantings obstruct the ingress and/or egress for the purposes of the easement they shall be removed upon request by the City of Naples, county or state, and in the event of failure by the owner to so move them, the city, county or state may do so and the expense of same charged to the property owner. When plantings placed over utility lines cause damage to the utilities systems, the property owner shall bear the cost of repair or replacement of the damaged utilities. 10. WITHDRAWN. Courthouse Shadows PUD, PL20120001515 Last Revised 12/15/2016 Page 2 of 2 ca c. . COo -c _ G., /) LLO_L' a, t6 t6 "60- 0m IL' vco o `w E aa)U o -o o w Q Ia E c n as J N ` d a> .0 C C L 3 N N N l c at _. d N ! ! j E O 0 y Z a> Z c -0 o> c -o ,N ' 3 O o 2 � Y a ao o Q 5 . CL 0- LL y > m d¢ c W P m 0 ", N W _ LE _ ' .6 m m a> c U R � d O t6 co a) - d D_ O.N d O w 47, co O V O O C Oco c c .'als G, a> O. 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Frg o N 4- N E V ° -C o �_ V •♦ la L L (o c C WOONS v o Q > 00 o 0 7 L ++ CO N .+J Y ° E v L ° c o r�o L � � �p � � W V AVENUE 2� � CU � ' CU L C F PETE °' v '= 3 � ° vD z V (71) a > .� �( ° tom v z �_ III o N a o o , 2 2 N H v +�+ m a Q � � co O � Lr) -aN •7. > Q1 +, +- N '3 c° N 7 = w 40 3oro3a°, t� 0 _ ° O Q co co L v v • _ v LID N ° a -48 cLo v 3 N 0 4 a a E co 3 as _o 13 (90- ., rt 111 Ci - -. !-' 10, N o 1 b "2r p Z p r_ Z V I F — m Ae:. 6 Q Z LEI 2 i wW — W • , ' E o L. '^ m a 3 o ? L.z I -, i = a o L o 4-0 F2 X z W E E i. _ fC 4 a V y i : 1 P • V I �` o C1.0 o_.1 ^ a U U- rn a) 's T. E y p U co sI N co wE y 0 f▪ tto MINr. at V v) E W bA z _ O ! Cr i zH . o. E } }l o ' i l N a ' Ig N \Y Z ;a ^: Z o p O o H p W W O r -±- J J e W <➢ W p 0K w ' l— r r V W J7 > Q ' O r > N z f" m V pw r O ° LL z 0 q 1-I.::-„-7,,i g 0 ,_ - -Tz 4 4 „, 6 4 f. ah^ 4 FLORIDA DEPARTMENT Of STATE , RICK SCOTT KEN DETZNER Governor Secretary of State December 19, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ann Jennejohn, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 16-45, which was filed in this office on December 19, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us 9 D xi Z a 3 = C.0-< o 2 CD r cn -G O m o t Th o = -D 0 w of �, -` n' 0. W C o 5in - n _ Zn p 73 — o � 0 -I `-v = m c -< - CCD C) c - =-1z r; m z cn --I -I m C D 7 0 2E5 m zn C. 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