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Backup Documents 12/13/2016 Item #17E COLLIER COUNTY FLORIDA ,.._ - i..... 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): PL20150000342 Petitioner (Name&Address): Waldrop Engineering-Alexis Crespo,AICP.Vice President of Planning 28100 Bonita Grande Dr STE 305 Bonita Springs,FL 34135 Name&Address of any person(s)to be notified by the Clerk's office (if more space is needed,attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date:Tuesday, December 13th,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: 131-1 38326-6491 00-00000 Reviewed By Date /VA/ Division Ai nistrator 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 OF ICE, Date Received // 40 Date of Public Hearing Date Advertised I f 1 7 '--- I: NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, December 13th, 2016. in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trai|, Naples FL . the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance, The meeting will commence at 9:00 A.kA. The title of the proposed Ordinance is as follows: The purpose of the heanng is to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41. AS AMENOED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT, A GENERAL COMMERCIAL (C-4) ZONING DISTRICT AND A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW UP TO 69.500 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL DEVELOPMENT INCLUDING A FACILITY WITH FUEL PUMPS AND RETAIL USES ON A 6.5± ACRE PARCEL TO BE KNOWN AS PRICE STREET CPUD, LOCATED AT THE SOUTHWEST CORNER OF U.S 41 AND PRICE STREET IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTION 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: AND BY PROVIDING AN EFFECTIVE DATE. [PL30150000342] 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 Choinnan, 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: /a/PatrioioK8orQon Deputy Clerk (SEAL) ZE ORDINANCE NO. 16- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT, A GENERAL COMMERCIAL (C-4) ZONING DISTRICT AND A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW UP TO 69,500 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL DEVELOPMENT INCLUDING A FACILITY WITH FUEL PUMPS AND RETAIL USES ON A 6.5± ACRE PARCEL TO BE KNOWN AS PRICE STREET AND 41 CPUD, LOCATED AT THE SOUTHWEST CORNER OF U.S. 41 AND PRICE STREET IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 3 AND 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ- PL20150000342] WHEREAS, Alex Crespo, AICP of Waldrop Engineering, P.A. and R. Bruce Anderson, Esquire of Cheffy Passidimo, PA representing Price and 41, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: The zoning classification of the herein described real property located in Section 33, Township 50 South, Range 26 East, and Sections 3 and 4, Township 51 South, Range 26 East, Collier County, Florida, is changed from a Commercial Intermediate (C-3) zoning district, a General Commercial (C-4) zoning district and a rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for a 6.5± acre parcel to be known as the Price Street and 41 CPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in [15-CPS-01458]95 Page 1 Price Street CPUD-PUDZ-PL20150000342 10/14/16 1 7E Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. 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: 1 \",. Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A- Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D- Legal Description Exhibit E - List or Deviations Exhibit E-1 - Facade Exhibit Exhibit E-2 - Buffer Exhibit Exhibit F - Developer Commitments 115-CPS-01458]95 Page 2 Price Street CPDD-PUDZ-PL20150000342 10/14/16 EXHIBIT A LIST OF PERMITTED USES PRICE STREET&41 CPUD PERMITTED USES A maximum of 69,500 square feet of gross floor area of commercial uses shall be constructed within the project. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part,for other than the following: A. Principal Uses 1. Accounting(8721). 2. Adjustment and collection services(7322). 3. Advertising agencies (7311). 4. Advertising - miscellaneous(7319). 5. Apparel and accessory stores(5611-5699). 6. Architectural services(8712). 7. Auditing(8721). 8. Auto and home supply stores (5531), and restricted to the commercial building located along the US 41 frontage. 9. Automotive services, except carwashes, (7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service", and restricted to the commercial building located along the US 41 frontage. 10. Banks, credit Unions and trusts(6011-6099). 11. Barber shops (7241, except for barber schools). 12. Beauty shops (7231, except for beauty schools). 13. Bookkeeping services(8721). 14. Building cleaning and maintenance services(7349). 15. Business associations (8611). 16. Business consulting services (8748). 17. Business credit institutions (6153-6159). 18. Business services - miscellaneous (7381, 7389 - except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories- telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning,tape slitting,texture designers,textile folding,tobacco sheeting, and window trimming service). 19. Cable and other pay television services(4841) 20. Carpet and upholstery cleaning(7217),on customer's premises only. 21. Civic, social and fraternal associations(8641). 22. Coin-operated laundries and dry cleaning(7215). 23. Commercial art and graphic design (7336). 24. Commercial photography(7335). Price Street CPDD-PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 1 of 11 17E25. Com uter programming, data processing and other services(7371-7379). 26. Computer and computer software stores (5734). 27. Credit reporting services (7323). 28. Dance studios, schools and halls, indoor(7911), 29. Direct mail advertising services(7331). 30. Drug stores (5912). 31. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01 32. Electrical and electronic repair shops (7622-7629). 33. Engineering services(8711). 34. Essential services, subject to section 2.01.03 35. Facilities support management services(8744). 36. Federal and federally-sponsored credit agencies(6111). 37. Food stores(groups 5411-5499). 38. Funeral services (7261, except crematories). 39. Garment pressing, and agents for laundries and drycleaners (7212). 40. Gasoline service stations (5541), except auto services and repairs - Limited to one (1) gasoline service station for the entire CPUD, and subject to LDC Section 5.05.05. 41. General merchandise stores (5331-5399) 42. Glass stores (5231). 43. Hardware stores (5251), 44. Health services, miscellaneous(8092-8099, except 8093). 45. Health services, offices and clinics(8011-8049). 46. Home furniture and furnishings stores (5712-5719). 47. Home health care services(8082). 48. Household appliance stores(5722). 49. Insurance carriers,agents and brokers(6311-6399,6411). 50. Labor unions (8631). 51. Landscape architects,consulting and planning(0781). 52. Laundry and garment services, miscellaneous(7219). 53. Legal services (8111). 54. Loan brokers (6163). 55. Management services (8741, 8742). 56. Medical and dental laboratories(8071 and 8072). 57. Medical equipment rental and leasing(7352). 58. Membership organizations, miscellaneous(8699). 59. Mortgage bankers and loan correspondents(6162). 60. Motion picture theaters(7832). 61. Museums and art galleries(8412). 62. Musical instrument stores(5736). 63. News syndicates (7383). 64. Outdoor advertising services (7312). 65. Paint stores(5231). 66. Personal credit institutions(6141). 67. Personal services, miscellaneous(7299). 68. Personnel supply services(7361 &7363), employee leasing only. 69. Photocopying and duplicating services(7334). 70. Photofinishing laboratories(7384). 71. Photographic studios, portrait(7221). • Price Street CPDD-PUDZ-PL2015-0342 Last Revised;October 14,2016 Page 2of11 174 72. Physical fitness facilities(7991). 73. Political organizations (8651). 74. Professional membership organizations(8621). 75. Professional sports clubs and promoters, indoor(7941). 76. Public administration (groups 9111-9199,9229, 9311, 9411-9451, 9511-9532,9611-9661). 77. Public relations services (8743). 78. Radio,television and consumer electronics stores (5731). 79. Radio,television and publishers advertising representatives(7313). 80. Radio and television broadcasting stations(4832 &4833). 81. Real Estate (6512,6531-6552). 82. Record and prerecorded tape stores (5735). 83. Repair services- miscellaneous (7699 -except agricultural equipment repair,awning repair,beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing,tractor repair). 84. Research, development and testing services(8731-8733). 85. Retail - miscellaneous (5921-5963, 5992-5999), except for grave stones, monuments and tombstones. 86. Retail nurseries, lawn and garden supply stores(5261). 87. Reupholstery and furniture repair(7641). 88. Secretarial and court reporting services (7338). 89. Security and commodity brokers, dealer,exchanges and services (6211-6289). 90. Security systems services(7382). 91. Shoe repair shops and shoeshine parlors(7251). 92. Surveying services(8713). 93. Tax return preparation services(7291). 94. Theatrical producers and miscellaneous theatrical services, indoor(7922 only). 95. Travel agencies(4724, no other transportation services). 96. United State Postal Service (4311, except major distribution center) 97. Veterinary services (0742 only, and excluding outside kenneling). 98. Videotape rental (7841) 99. Vocational schools(8243-8299) 100. Wallpaper stores(5231) 101. Watch, clock and jewelry repair(7631). 102. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code (LDC). B. Accessory Uses Accessory uses customarily associated with Permitted Principal Uses including but not limited to: 1. Customary accessory uses and structures. 2. Caretaker's residence, subject to section 5.03.05 Price Street CPUD-PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 3 of 11 7E, 3. Essential services,including interim and permanent utility and maintenance facilities. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, or Hearing Examiner, pursuant to the process outlined in the Land Development Code(LDC). C. Prohibited Uses The following uses are prohibited within the CPUD: 1. Tattoo/piercing parlors 2. Adult entertainment and sexually oriented businesses 3. Pawn shops 4. Car washes 5. Communication towers The following uses are prohibited within 250 feet of the Price Street right-of-way: 1. Automotive services (7549) 2. Gasoline service stations (5541) 3. Repair services(7699) Price Street CPUD—PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 4 of 11 _ _ ( 1 7E EXHIBIT B DEVELOPMENT STANDARDS PRICE STREET&41 CPUD Development of the Price Street CPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards,then the provisions of the most similar district shall apply. Table I below sets forth the development standards for land uses within the Price Street CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP. TABLE I COMMERCIAL DEVELOPMENT STANDARDS(1) PERMITTED USES AND PRINCIPAL USES ACCESSORY USES STANDARDS Min. Lot Area 9,000 SF N/A Min. Lot Width N/A N/A Min. Lot Depth N/A N/A PUD BOUNDARY SETBACKS(EXTERNAL)I21 U.S. 41 25' SPS Price Street 25' _ SPS Canal 20' SPS SETBACKS(INTERNAL) Front/Internal Drives 12) 15' 10' Side 10' SPS Rear 10' SPS Min. Distance Between Principal Structures 1/2Building Height 10' MAXIMUM HEIGHT Actua I 45' 45' Zoned 35' 35' SPS=Same as Principal Structure (1) All distances are in feet unless otherwise noted. (2) Front setback is measured from back of curb for private roads and accessways only. 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EXHIBIT D 1 E LEGAL DESCRIPTION PRICE STREET&41 CPUD PARCEL 1 (PARCEL NO.00727320005) COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, T51S, R25E, AND RUN THENCE ALONG THE WEST LINE OF SECTION 3, S01°01'40"W 155.14'TO THE SOUTHWESTERLY RIGHT OF WAY OF U.S. RTE 41 (TAMIAMI TRAIL) AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ALONG SAID RIGHT OF WAY S54°20'16"E 55.31'; THENCE LEAVING SAID RIGHT OF WAY S35°39'44"W 238.10'; THENCE S54°20'16"E 210.00 TO THE NORTHWESTERLY RIGHT OF WAY OF PRICE ROAD;THENCE ALONG SAID RIGHT OF WAY S35°39'44"W 145.04; THENCE ALONG THE NORTH RIGHT OF WAY OF PRICE ROAD S89°43'40"W 327.91' TO THE WEST LINE OF THAT LAND DESCRIBED IN O.R. 851 PAGE 177, OF THE PUBLIC RECORDS OF COLLIER COUNTY; THENCE ALONG SAID WEST LINE NO°59'20"E 623.02' TO THE NORTH LINE OF SECTION 4; THENCE ALONG SAID NORTH LINE S 89°52'40"E 108.71' TO THE SOUTHWESTERLY RIGHT OF WAY OF U.S. 41 AFORESAID; THENCE ALONG SAID RIGHT OF WAY S54°20'16"E 266.16'TO THE POINT OF BEGINNING PARCEL 2 (PARCEL NO.00726760006) THE EAST 1/2 OF THE WEST %/ OF THE NORTHEAST % OF THE NORTHEAST 1/4 OF THE NORTHEAST % OF SECTION 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 30' THEREOF AND LESS THE WEST 30'THEREOF. PARCEL 3 (PARCEL NO.00447880207) it COMMENCE AT THE SOUTHEAST CORNER OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN ALONG THE SOUTH LINE OF SECTION 33, N89°52'40"W 219.57' TO THE SOUTH RIGHT OF WAY OF TAMIAMI TRAIL (US 41) AND THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT OF WAY N54°19'07"W 200.00'; THENCE S35°36'08"W 137.99'; THENCE SO°58'05"W 3.73' TO THE SOUTH LINE OF SECTION 33; THENCE ALONG SAID SOUTH SECTION LINE S89°52'40"E 242.85'TO THE POINT OF BEGINNING. THE THREE PARCELS CONTAINING 6.557 ACRES MORE OR LESS. Price Street CPDD—PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 8 of 11 1 ? EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC PRICE STREET&41 CPUD 1. Deviation from LDC Section 5.05.08.C.2, which requires primary façade standards to be applied to all sides of buildings facing a public or private street.This deviation will allow for the east side of the proposed automobile service station to be designed as a secondary façade per Exhibit E-1. 2. Deviation from LDC Section 5.05.05.D.2.a, which requires facilities with fuel pumps within 250 feet of residential property to provide a 30-foot wide landscape buffer and an architecturally designed masonry wall.The deviation will allow for an alternative 15-foot wide landscape buffer with no masonry wall, as shown in Attachment E-2, along the western property line where the CPUD abuts residential property. 3. Deviation from LDC Section 4.06.02.C, which requires a 15-foot wide Type "B" landscape buffer where automobile service stations abut commercial uses, to omit the requirement for internal buffering between the proposed automobile service station and commercial development within the CPUD boundary. The 15-foot wide Type "B" buffer will be provided along the perimeter of the project where the proposed automobile service station abuts commercial uses external to the CPUD boundary. Price Street CPUD—PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 9 of 11 117Ei� � F 4 9 ulF 2 '',.,, x i',' 1 \im, .., - . / , :, ;2. ,,'.... ,4 .,,-0., MI ..:a.t.,-----...."•''' yy K 9 t$ R 1 111 $ ( M 0. is" R ` ,,,,,,..-:11::',., , i -i 1: E I fir; '1 „ I , ,, ,, , ,,, ,:,,, . ..,...ii:[, i ,i i , i 1 7p a, 1 1 � � .�i 1 � ({ I � t e 11:i t -+ S$1.1,..--.1.—i!1-.1i-,.111 i ` 1 i f < 5 -i --;F-1:,1,i111. , cll + t ,.,1 i . , : !11.11. . 11!..1 .11 ! 1: 'Ir11 < s ,_ ,_. li --- / --, i ' ' ' 1---- , ti T N _ \ : t,Wz. -� I• # 'T1i trr 1 ''F'11-1'...... f- 2 i -`..' . Ill ,,,,,,, 1 ,,1 ;II, , .,i, ;,,.....„,,,, , ;, ,,,,. , ; t (g 11 \ ; „. k -% ° ; °ti'°°°-°°-til',-;;;-ITII;;I:;;;1 it ..�,. J E . , € 4 r ry 3 t � 1 � I lm.� ; l ; ,.a..i x.1...1 t.s .•t — ,04 fi i < i a # �I n.y „ K m __.. _ 12 E 1 , . 15.0'WIDE r 1 _ tribuill NEN l'k• - I I,. if.. j i 1,...1..-...- ‘, ..3z-m ' 441\441141 • , 4 414141,t1_0-4.$;41I trk„i\,ri/,r ,,, ..'.,. 0)0 0 1 z i Al; --.:!m z cJ 0 0 9, , K 0 2,_* , --,... L..? z 0 70 . m .._ ,0 >- Z IV 0 b --I \ -.I o co ... NI CO -n 0 -r3 C” , ,,.---/1 C m x 0 co4 .... —Ili 8 0 * ' .' /1111.01114+ , 11miF2 0 It . C -0 M I, X 0 0 ',- f) ,: ,, < ( As,,,. ''' X ,,,;,\ ; •\, M hi 0I \ g /1 • --1 If 41 r '' 4 ftitrliP ' 44N. t ZS a2 'V 1 m--+ m m c -,z CD § v. mc) o m —i 0 > itiii lk•I.1"AI N t',.. ' --i 0 • ‘‘‘ ) M Z 1 • 4"\f4...--..--' o —I c 0 --I •----- ', I) —1 m 0 0 1 I / 1 . K V) .11 Adilb- Ht 4 0 . . ;z 1 EXHIBIT F DEVELOPMENT COMMITMENTS PRICE STREET&41 CPUD 1. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD, At the time of this PUD approval,the Managing Entity is Price and 41, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval,the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2. UTILITIES A. The developer shall connect to the Collier County Water Sewer District(CCWSD) potable water system at locations determined by CCWSD when capacity is available. B. The project shall connect to the CCWSD wastewater collection and conveyance system at locations determined by CCWSD when capacity is available. C. The project shall connect to the CCWSD Irrigation Quality water system at locations determined by CCWSD when capacity is available. 3. TRANSPORTATION A. The development shall be limited to a maximum of 468 two-way unadjusted PM Peak Hour Trips. B. An interconnection to the parcel to the east, currently a Fifth Third Bank parcel will be provided upon approval by the owner of said parcel. C. The owner, its successors or assigns, shall pay, for its fair share payment of the access improvements at the intersection of U.S. 41 and Price Street/Triangle Boulevard and improvements at Price Street/Waterford Drive/Project access as required by the pending Triangle Boulevard/41 Traffic Study by AIM Engineering (i.e. roundabout conceptual plan at Price Street/Waterford Drive/Project Access and US 41/Price Street Northbound/Westbound and Eastbound turn lane improvements). Prior to site development plan approval, the owner shall post a performance guarantee such as a bond or letter of credit in the amount of$33,500.00. Once the study is finalized, any road right- of-way needed by the County, above and beyond the amount that would be required for compensating right-of-way for site specific turn lanes, shall be valued based on fair market Price Street CPDD—PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 10 of 11 L_ value and applied as a credit toward the owner's fair share payment upon conveyance of such additional road right-of-way. The owner shall also receive a credit toward the owner's fair share payment for the cost of design of the southern roundabout in the amount not to exceed $8,500, for which invoices must be provided. Please refer to Exhibit F for the conceptual roundabout design.This exhibit is provided for conceptual purposes only. 4. ENVIRONMENTAL A. The subject site contains approximately 1.83 acres of native vegetation, of which 15% (0.27 acres) is required to be preserved. The native vegetation preservation requirement will be satisfied off-site in accordance with Section 3.05.07.H.1.f of the Land Development Code. 5. PLANNING A. Amplified outdoor sound associated with the food store and fuel pump facilities is limited to 7 a.m. to 10 p.m. daily. Amplified outdoor sound is prohibited for all other non-fuel facility parcels/commercial buildings. B. Dumpsters shall be setback a minimum 80 feet from the existing Price Street right-of-way. C. Lighting fixtures located within 50 feet of the existing Price Street right-of-way and the west property line (adjacent to the Eagle Creek Canal,aka C-4 Canal)shall be limited to a maximum height of 15 feet.All other lighting fixtures shall comply with the Land Development Code regulations. Price Street CRUD—PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 11 of 11 i 7 Es-- EXHIBIT F CONCEPTUAL ROUNDABOUT DESIGN k. NNNN:SNNN\' 1 \'''--.., ,.., ti Fr , k P 7 `yam\\\ ...... ; ` `"� / w""' .. �•"'�.. -� aroma _� /� �y'�" /. 1 Approximate Right- N ////'., , of-way Impacts e F / /. Right-of-way from Wawa / ,// / Outside of Landscape buffer \'• ,'•\ ' r ft(orange) '_, ,""---- . Approx.162 sq ( g ) , , Total Right-of-way from Wawa N Approx.252 sq ft - ;,+� : \ : e _ r . Right-of-way from Large 1 1 Development ,,, Approx.245 sq ft 11 "- i.::::;;;- , s o 005' Right-of-way/Sidewalk l l Rehrswe Easement Private property 1 Truck Apron Approx.66 sq ft I I 1 11 1 17E Account #068779 Corporate Reference #505868 November 15, 2016 Attn: Legals Naples News Media Group 1100 Immokalee Rd. Naples, Florida 34110 Re: PUDZ-PL20150000342, Price Street Wawa, CPUD Dear Legals: Please advertise the above referenced notice on Wednesday, November 23, 2016, and send an Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500172052 NOTICE PUBLIC HEARING 17E F NOTICE OF IN ENTOTO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, December 13th, 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. 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 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT, A GENERAL COMMERCIAL (C-4) ZONING DISTRICT AND A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW UP TO 69,500 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL DEVELOPMENT INCLUDING A FACILITY WITH FUEL PUMPS AND RETAIL USES ON A 6.5± ACRE PARCEL TO BE KNOWN AS PRICE STREET AND 41 CPUD, LOCATED AT THE SOUTHWEST CORNER OF U.S. 41 AND PRICE STREET IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 3 AND 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PL20150000342] 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) County of Collier .17E 4 CLERK OF THE CIRCUIT COURT COLLIER COUNTY CQ.URTHOUSE Dwight E. Brock-Cler !`pf Circuit Court 3315 TAMIAMI TRL E STE 102 P.O. BOX 413044 NAPLES,FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor • Custodian of County Funds November 15, 2016 Waldrop Engineering Attn: Alexis Crespo, AICP 28100 Bonita Grande Drive Suite 305 Naples, FL 34135 RE: PUDZ-PL20150000342 — Price Street Wawa, CPUD 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 4 Martha Vergara, 44/ Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com i ? E Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, November 16, 2016 9:16 AM To: Legals NDN (legals@naplesnews.com) Subject: PUDZ-PL20150000342 Price Street CPUD - Wawa Attachments: PUDZ-PL20150000342 Price Street Wawa (12-13-16).doc; PUDZ-PL20150000342 Pice Street Wawa (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(a�collierclerk.com 1 1 ?'E Martha S. Vergara From: Gori, Ivonne <Ivonne.Gori@naplesnews.com> Sent: Wednesday, November 16, 2016 2:08 PM To: Martha S.Vergara Subject: RE: RZ-PL20160001132 Morgan Road Confirmed receipt all 5. From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent:Wednesday, November 16, 2016 9:11 AM To: NDN-Legals<legals@naplesnews.com> Subject: RZ-PL20160001132 Morgan Road 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 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 hely desk@icollierclerk.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 I7E Martha S. Vergara From: ivonne.gori@naplesnews.com Sent: Wednesday, November 16, 2016 2:44 PM To: Martha S. Vergara Cc: Ivonne Gori Subject: Ad: 1364086, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: BCCZONINGD-36-1364086-1.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 ?iapLCG3aihJCt E1 Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com >Account Information >Insertion Information • Date: 11/16/16 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:1364086 P.O.No.:45-172052 Total Cost:$476.77 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: 16230-Other Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com >Ad Proof 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 on Tnesda,December 13(3,2010,In the Board of County Commissioners Meeting Room,Third Floor, Collier the�d of Government Center, 3299 East T ( Commissioners will consider thNaples e enactment of a County Ordnance.The meeting will commence .M at 9:00 A .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 2004-41,AS AMENDED THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONINGCLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMERCIAL INTERMEDIATE(C-3)ZONING DISTRICT, A GENERAL COMMERCIAL(C-4)ZONING DISTRICT AND A RURAL AGRICULTURAL(A)ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT(CPDD) ZONING DISTRICT TO ALLOW UP TO 69,500 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL DEVELOPMENT INCLUDING A FACILITY WITH FUEL PUMPS AND RETAIL USES ON A 6.50 ACRE PARCEL TO BE KNOWN AS PRICE STREET AND 41 CPUD,LOCATED AT THE SOUTHWEST CORNER OF U.S.41 AND PRICE STREET IN SECTION 33, TOWNSHIP S0 SOUTH,RANGE 26 EAST,AND SECTIONS 3 AND 4,TOWNSHIP SI SOUTH,RANGE 26 EAST,COLLIER COUNTY FLORIDA:AND BY PROVIDING AN EFFECTIVE DATE.IPt20150000342) A Cop of the proposed Ordlnanw i5 on file with the Clerk to the Boardvand I5 available for inspeotlon.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 he agena 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 erefore,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 area person witha disability who needsany 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)252-3300.at least two dayspriorpto the meeting. Insthe Board of County Commissioners Of flee. are available BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY.FLORIDA CHAIRMAN DONNA FIALA DWIGHT E.BROCK,CLERK By: Martha Vergara,Deputy Clerk (SEAL) ThankNovember 23, 6 No,1364086 r youfor 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. Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, November 16, 2016 2:52 PM To: Smith, Daniel; NeetVirginia (VirginiaNeet@colliergov.net); Ashton, Heidi Subject: PUDZ-PL20150000342 Price Street-Wawa Attachments: BCCZONINGD-36-1364086-1.pdf Hi All, Attached is the ad proof from NDN, please review and let me know of any changes needed. Thanks, Martha 1 1 ?E Martha S. Vergara From: Ashton, Heidi Sent: Wednesday, November 16, 2016 4:17 PM To: Neet, Virginia Cc: Crotteau, Kathynell; Minutes and Records; Smith, Daniel Subject: RE: PUDZ-PL20150000342 Price Street-Wawa Dinny, The ad proof is approved. Ifei 4s% -Gie10 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: Wednesday, November 16, 2016 3:30 PM To: AshtonHeidi Cc: CrotteauKathynell Subject: FW: PUDZ-PL20150000342 Price Street-Wawa For your approval. Dinny From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Wednesday, November 16, 2016 2:52 PM To: SmithDaniel; NeetVirginia; AshtonHeidi Subject: PUDZ-PL20150000342 Price Street-Wawa Hi All, Attached is the ad proof from NDN, please review and let me know of any changes needed. Thanks, Martha 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 Martha S. Vergara From: Martha S.Vergara Sent: Wednesday, November 16, 2016 4:27 PM To: 'ivonne.gori@naplesnews.com' Subject: RE: 1364086, NOTICE OF PUBLIC HEARING NOTICE OF I Hi Ivonne, The legal department has reviewed and approved this ad proof. Please proceed with publishing as requested. Thanks, Martha Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com] Sent: Wednesday, November 16, 2016 2:44 PM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Cc: ivonne Gori <ivonne.gori@naplesnews.com> Subject: Ad: 1364086, 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 PUDZ-PL 2-)o1560oX34-2 S{ rem 0. U D Other Public Notices Other Public Notices NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday,December 13th,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. 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 2004-41,AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT, A GENERAL COMMERCIAL (C-4) ZONING DISTRICT AND A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW UP TO 69,500 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL DEVELOPMENT INCLUDING A FACILITY WITH FUEL PUMPS AND RETAIL USES ON A 6.5± ACRE PARCEL TO BE KNOWN AS PRICE STREET AND 41 CPUD, LOCATED AT THE SOUTHWEST CORNER OF U.S. 41 AND PRICE STREET IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST,AND SECTIONS 3 AND 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE.[PL20150000342] 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.1364086 17k ,. ..4apiapLrø BMW 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 1364086 NOTICE OF PUBLIC HEA 45-172052 Pub Dates November 23,2016 /�c (Sign ure of affiant) qbillradlirdiamdbiNdlkmaimallimehidwilimilftwasir Sworn to and subscribed before me I Ark;„,, IVONNE GOBI This Novembe 30,2016 4 • .'`�, Notary Public-State of Florida 0 I • 'T•= Commission #FF 900870 _ :•° My Comm.Expires Jul 16.2019 ,'7 1 ±: '�• Bonded through National Notary Assn. itr‘I (Signatur of affiant) ' 26D Wednesday,November 23,2016 Naples Daily News OthCrP hh)Notices Othc-Piblis Notice, O[Icr Public NtiticCs Other Public NotiCCs Olhcr Public No tic's Other Pubic No bees NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC NEARING NOTICE OF IUBUC HEARINGNOTICE OF PUBLIC NEARING NOTICE OF INTENT TO CONSIDER A RESOLUTION NOTICE OF INTENT TO CONSIDER AN ORDINANCE NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on December 1.3,2016,in the Notice is hereby given that on Tuesday,December 13,2016,in Notice is hereby given that on Tuesday,December 13,2016,in ""4 p-nom 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, F 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., ,yi the Board of County Commissioners(BCC)will consider the the Board of County Commissioners(BCC)will consider the the Board of County Commissioners(BCC)will consider the >4 enactment of a County ResoluHoa.The meeting will commence enactment of a County Ordinance.The meeting will commence enactment of a County Ordlna0ee.The meeting will commence at enactment A.M.The title of the proposed Resolntioa 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.9S-74,THE NAPLES HERITAGE AMENDING ORDINANCE NO. 2004-41, AS AMENDED, C5 CONSERVATION AREA,AND A PORTION OF THE IO 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 APPROPRIATE ZONING 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 APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY 1/2 5.210 ACRES OF LAND ZONED RURAL AGRICULTURAL THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED MILE EAST OF SANTA BARBARA BLVD,AND 1 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,COLLIER 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 50 SOUTH, A copy 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 Board and is 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 5633 ACRES,IS LOCATED SOUTH OF [RZ-PL2016000I132] 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 50 SOUTH,RANGE 26 register with the County manager prior to presentation of EAST,COLLIER COUNTY,FLORIDA.[PUDZ-PL20150001416] A copy of the proposed Ordinance is on file with the Clerk to the the agenda item to be addressed. Individual speakers will be Board and is available for inspection.All interested parties are limited to 3 minutes on any item.The selection of any individual A copy of the proposed Ordinance is on file 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 wiII need a record of the proceedings pertaining thereto and written materials intended to he 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,you are 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 are a person witha 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 you are apersonwithadisability who needsany accommodation no cost to you,to the provision of certain assistance. Please in order 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 County Facilities 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&30,2016 No.1364130 COLLIER COUNTY,FLORIDA CHAIRMAN DONNA FIALA DWIGHT E.BROCK.CLERK ihlic N,,,,,,,;iCC.s Public Nrt.ces By:Martha Vergara,Deputy Clerk Pi 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.1364071 i'' 771M277401. Notice is hereby given that on Tuesday,December 13,2016,in PIII,Iv Notices 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 131h,2016,in enactment of a County Ordinance.The meeting will commence the Board of County Commissioners Meeting Room,Third Floor, at9:W 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 Trail,Naples FL., The purpose of the hearing is to consider: Coll Che ollier Goverard of nmentyCenter,i3299 Tam ami TrMeetinail East,NaplesFloor,Third enactment the Board of County County Ordinance.The ioners meeting tl willnsider the commence the Board of County Commissioners(BCC)will consider the at 1110 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 OUTPARCELS BY 18,000 SQUARE FEET FOR ANORDINANCEOFTHEBOARDOFCOUNTYCOMMISSIONERSLORIDA AMENDING ORDINANCE NUMBER 2004-41,AS AMENDED, A TOTAL OF 165,000 GROSS SQUARE FEET OF FLOOR OF COLLIER COUNTY,FLORIDA AMENDING ORDINANCE THE COLUER 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, APS BY CHANGING THE ZONING CLASSIFICATION ADDITIONAL 35+/-ACRES OF LAND ZONED COMMERCIAL BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OF OF THE 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(CPDD) 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 FACILITY 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 FACILITY WITH FUEL PUMPS AND RETAIL AMENDING THE MASTER PLAN;AND ADDING DEVIATIONS. CHURCH,AND CONSTRUCTION OF A MAXIMUM OF 319 USES ON A 6.53 ACRE PARCEL TO BE KNOWN AS PRICE THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF US MULIT-FAMILY DWELLING UNITS ON 39.89+/-ACRES;BY STREET AND 41 CPUD,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 20.35+/- AN EFFECTIVE DATE.THE SUBJECT PROPERTY IS LOCATED AND 4,TOWNSHIP SL 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 PL20120001515] SANTA BARBARA BOULEVARD IN SECTION 4,TOWNSHIP DATE.[PL20350000342] 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. Board and is evadable for inspection.All interested parties are NOTE All persons wishing to speak on any 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 manger 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 30 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 on an item. If recognized by the Chairman,a spokesperson fora group or Persons wishing to have written or graphic materials included in organization maybe allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packetsmust 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 Board 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 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 of the record. seven days prior to the public hearing.All materials used in of the record. presentations before the Board will become a permanent part Any person who decides to appeal any decision of the Board of the record. Any person who decides to appeal any decision of the Board 11 need a record of the proceedings pertaining thereto and win need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the Any person who decides to appeal any decision of the Board therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and win 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 If yoursonwitha disability who needsany accommodation evidence upon which the appeal is based. If you area person with a disability who needs any accommodation in orderer to 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 if you are oersonwithadisabilitywho needsany accommodation no cost to you,to the provision of certain assistance. Please t contact the Collier County Facilities Management Division, in order to 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 hearingice, d 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 (SEAL) DWIGHT E.BROCK,CLERK (SEAL) November 23,2016 No.1365811 By: Martha Vergara.Deputy Clerk November 23,2016 No.1364086 (SEAL) November 23,2016 No.1365162 Q Wheels/Recreationi- Real Estate 9Local t es Buy& Sell fast. There's no place like...here found here !Mutes NAM News Naples BMW News localfieds1oc atfieds 1ocaal fieds ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 7 E THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 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 � C {ZI Iy_kf 4. BCC Office Board of County �Tr Commissionersey/ k zwkms 5. Minutes and Records Clerk of Court's Office (al( o1:3Cert. 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 Department Agenda Date Item was December 13,2016 Agenda Item Number 17.E Approved by the BCC Type of Document Ordinance Number of Original 1 Attached Documents Attached PO number or account aQ 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 2X-0( 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 anjW 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 QPW signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing 2Y9 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 bythe BCC on December 13,2016 and all changes PPi o 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 by t �� ,iii BCC,all changes directed by the BCC have been made,and the document is ready r ; i� t the Chairman's signature. 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Rev 2.24.05; • ' ed 11/30/12 17 E Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, December 16, 2016 9:29 AM To: Smith, Daniel Subject: Ordinance 2016-43 (Price Street PUDZ-PL20150000342) Attachments: Ordinance 2016-43.pdf Hi again Davtiel, A copy of' Ordinance 2016-43, for the Price Street CPUD Petitiovt, (PUDZ-PL2)0150000342) adopted by the Board this past Tuesday, December 13, 2016, (item #17E) is attached for your records. It was filed with the State yesterday; their receipt to covtfirwt the Ordinance's electronic filing is the last page attached. Thanks again, 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 17E Ann P. Jennejohn From: Microsoft Outlook To: County Ordinances (CountyOrdinances@dos.myflorida.com) Sent: Thursday, December 15, 2016 4:43 PM Subject: Relayed: CLL20161215_Ordinance2016_43 Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: County Ordinances (CountyOrdinances@dos.vnyflorida.covn) (CountyOrdinances@dos.myflorida.covn) <vnailto:CountyOrdinances@dos.vnyflorida.covn> Subject: CLL2O1(1215 Ordinance2O16_43 17E ORDINANCE NO. 16- 4 3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT, A GENERAL COMMERCIAL (C-4) ZONING DISTRICT AND A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW UP TO 69,500 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL DEVELOPMENT INCLUDING A FACILITY WITH FUEL PUMPS AND RETAIL USES ON A 6.5± ACRE PARCEL TO BE KNOWN AS PRICE STREET AND 41 CPUD, LOCATED AT THE SOUTHWEST CORNER OF U.S. 41 AND PRICE STREET IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 3 AND 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ- PL20150000342] WHEREAS, Alex Crespo, AICP of Waldrop Engineering, P.A. and R. Bruce Anderson, Esquire of Cheffy Passidimo, PA representing Price and 41, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 33, Township 50 South, Range 26 East, and Sections 3 and 4, Township 51 South, Range 26 East, Collier County, Florida, is changed from a Commercial Intermediate (C-3) zoning district, a General Commercial (C-4) zoning district and a rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for a 6.5± acre parcel to be known as the Price Street and 41 CPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in [15-CPS-01458]95 Page 1 Price Street CPUD-PUDZ-PL20150000342 10/14/16 �C`� 17E Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this L 311-day of c C--Q_rV1 7. , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: \ •_C By: 41142.0 Qt{ ip s DONNA FIALA, Chairman signaturt nly. Approved as to form and legality: _Ct \\-9 Heidi Ashton-Cicko 0\\`{, Managing Assistant County Attorney Attachments: Exhibit A- Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - List or Deviations Exhibit E-1 - Facade Exhibit Exhibit E-2 - Buffer Exhibit Exhibit F - Developer Commitments This ordinance filed with the �u-Qtary o Stcte's ff� e 1P ay o and acknowledgern- , )that fi • re ei ed 'i's � day t' .!t 0' r By V 1tl; h [15-CPS-01458]95 Page 2 Price Street CPUD-PUDZ-PL20150000342 10/14/16 EXHIBIT A 17 E LIST OF PERMITTED USES PRICE STREET&41 CPUD PERMITTED USES A maximum of 69,500 square feet of gross floor area of commercial uses shall be constructed within the project. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Advertising - miscellaneous (7319). 5. Apparel and accessory stores (5611-5699). 6. Architectural services (8712). 7. Auditing (8721). 8. Auto and home supply stores (5531), and restricted to the commercial building located along the US 41 frontage. 9. Automotive services, except carwashes, (7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service", and restricted to the commercial building located along the US 41 frontage. 10. Banks, credit Unions and trusts (6011-6099). 11. Barber shops (7241, except for barber schools). 12. Beauty shops (7231, except for beauty schools). 13. Bookkeeping services (8721). 14. Building cleaning and maintenance services (7349). 15. Business associations (8611). 16. Business consulting services (8748). 17. Business credit institutions (6153-6159). 18. Business services - miscellaneous (7381, 7389 - except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories- telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers,textile folding, tobacco sheeting, and window trimming service). 19. Cable and other pay television services (4841) 20. Carpet and upholstery cleaning (7217), on customer's premises only. 21. Civic, social and fraternal associations (8641). 22. Coin-operated laundries and dry cleaning (7215). 23. Commercial art and graphic design (7336). 24. Commercial photography (7335). Price Street CPDD-PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 1 of 11 25. Computer programming, data processing and other services (7371-7379). 1 7 26. Computer and computer software stores (5734). 27. Credit reporting services (7323). 28. Dance studios, schools and halls, indoor(7911). 29. Direct mail advertising services (7331). 30. Drug stores (5912). 31. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01 32. Electrical and electronic repair shops (7622-7629). 33. Engineering services (8711). 34. Essential services, subject to section 2.01.03 35. Facilities support management services (8744). 36. Federal and federally-sponsored credit agencies (6111). 37. Food stores (groups 5411-5499). 38. Funeral services (7261, except crematories). 39. Garment pressing, and agents for laundries and drycleaners (7212). 40. Gasoline service stations (5541), except auto services and repairs - Limited to one (1) gasoline service station for the entire CPUD, and subject to LDC Section 5.05.05. 41. General merchandise stores (5331-5399) 42. Glass stores (5231). 43. Hardware stores (5251). 44. Health services, miscellaneous (8092-8099, except 8093). 45. Health services, offices and clinics (8011-8049). 46. Home furniture and furnishings stores (5712-5719). 47. Home health care services (8082). 48. Household appliance stores (5722). 49. Insurance carriers, agents and brokers (6311-6399, 6411). 50. Labor unions (8631). 51. Landscape architects, consulting and planning (0781). 52. Laundry and garment services, miscellaneous (7219). 53. Legal services (8111). 54. Loan brokers (6163). 55. Management services (8741, 8742). 56. Medical and dental laboratories (8071 and 8072). 57. Medical equipment rental and leasing (7352). 58. Membership organizations, miscellaneous (8699). 59. Mortgage bankers and loan correspondents (6162). 60. Motion picture theaters (7832). 61. Museums and art galleries (8412). 62. Musical instrument stores (5736). 63. News syndicates (7383). 64. Outdoor advertising services (7312). 65. Paint stores (5231). 66. Personal credit institutions (6141). 67. Personal services, miscellaneous (7299). 68. Personnel supply services (7361 &7363), employee leasing only. 69. Photocopying and duplicating services (7334). 70. Photofinishing laboratories (7384). 71. Photographic studios, portrait (7221). Price Street CPDD-PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 2 of 11 17 E 72. Physical fitness facilities (7991). 73. Political organizations (8651). 74. Professional membership organizations (8621). 75. Professional sports clubs and promoters, indoor(7941). 76. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 77. Public relations services (8743). 78. Radio,television and consumer electronics stores (5731). 79. Radio,television and publishers advertising representatives (7313). 80. Radio and television broadcasting stations (4832 &4833). 81. Real Estate (6512, 6531-6552). 82. Record and prerecorded tape stores (5735). 83. Repair services- miscellaneous (7699- except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). 84. Research, development and testing services (8731-8733). 85. Retail - miscellaneous (5921-5963, 5992-5999), except for grave stones, monuments and tombstones. 86. Retail nurseries, lawn and garden supply stores (5261). 87. Reupholstery and furniture repair (7641). 88. Secretarial and court reporting services (7338). 89. Security and commodity brokers, dealer, exchanges and services (6211-6289). 90. Security systems services (7382). 91. Shoe repair shops and shoeshine parlors (7251). 92. Surveying services (8713). 93. Tax return preparation services (7291). 94. Theatrical producers and miscellaneous theatrical services, indoor(7922 only). 95. Travel agencies (4724, no other transportation services). 96. United State Postal Service (4311, except major distribution center) 97. Veterinary services (0742 only, and excluding outside kenneling). 98. Videotape rental (7841) 99. Vocational schools (8243-8299) 100. Wallpaper stores (5231) 101. Watch, clock and jewelry repair(7631). 102. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code (LDC). B. Accessory Uses Accessory uses customarily associated with Permitted Principal Uses including but not limited to: 1. Customary accessory uses and structures. 2. Caretaker's residence, subject to section 5.03.05 Price Street CPUD-PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 3 of 11 �j 17E 3. Essential services, including interim and permanent utility and maintenance facilities. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, or Hearing Examiner, pursuant to the process outlined in the Land Development Code (LDC). C. Prohibited Uses The following uses are prohibited within the CPUD: 1. Tattoo/piercing parlors 2. Adult entertainment and sexually oriented businesses 3. Pawn shops 4. Car washes 5. Communication towers The following uses are prohibited within 250 feet of the Price Street right-of-way: 1. Automotive services (7549) 2. Gasoline service stations (5541) 3. Repair services (7699) Price Street CPUD—PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 4 of 11 17E EXHIBIT B DEVELOPMENT STANDARDS PRICE STREET&41 CPUD Development of the Price Street CPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district shall apply. Table I below sets forth the development standards for land uses within the Price Street CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP. TABLE I COMMERCIAL DEVELOPMENT STANDARDS(1) PERMITTED USES AND PRINCIPAL USES ACCESSORY USES STANDARDS Min. Lot Area 9,000 SF N/A Min. Lot Width N/A N/A Min. Lot Depth N/A N/A PUD BOUNDARY SETBACKS (EXTERNAL)(2) U.S. 41 25' SPS Price Street 25' SPS Canal 20' SPS SETBACKS (INTERNAL) Front/Internal Drives (2) 15' 10' Side 10' SPS Rear 10' SPS Min. Distance Between Principal Structures %z Building Height 10' MAXIMUM HEIGHT Actual 45' 45' Zoned 35' 35' SPS =Same as Principal Structure (1) All distances are in feet unless otherwise noted. (2) Front setback is measured from back of curb for private roads and accessways only. 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EXHIBIT D LEGAL DESCRIPTION 1 7 E. PRICE STREET&41 CPUD PARCEL 1 (PARCEL NO. 00727320005) COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, T51S, R25E, AND RUN THENCE ALONG THE WEST LINE OF SECTION 3, S01°01'40"W 155.14' TO THE SOUTHWESTERLY RIGHT OF WAY OF U.S. RTE 41 (TAMIAMI TRAIL) AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ALONG SAID RIGHT OF WAY S54°20'16"E 55.31'; THENCE LEAVING SAID RIGHT OF WAY S35°39'44"W 238.10'; THENCE S54°20'16"E 210.00 'TO THE NORTHWESTERLY RIGHT OF WAY OF PRICE ROAD; THENCE ALONG SAID RIGHT OF WAY S35°39'44"W 145.04; THENCE ALONG THE NORTH RIGHT OF WAY OF PRICE ROAD S89°43'40"W 327.91' TO THE WEST LINE OF THAT LAND DESCRIBED IN O.R. 851 PAGE 177, OF THE PUBLIC RECORDS OF COLLIER COUNTY; THENCE ALONG SAID WEST LINE N0°59'20"E 623.02' TO THE NORTH LINE OF SECTION 4; THENCE ALONG SAID NORTH LINE S 89°52'40"E 108.71' TO THE SOUTHWESTERLY RIGHT OF WAY OF U.S. 41 AFORESAID; THENCE ALONG SAID RIGHT OF WAY S54°20'16"E 266.16'TO THE POINT OF BEGINNING PARCEL 2 (PARCEL NO. 00726760006) THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 30' THEREOF AND LESS THE WEST 30'THEREOF. PARCEL 3 (PARCEL NO. 00447880207) COMMENCE AT THE SOUTHEAST CORNER OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN ALONG THE SOUTH LINE OF SECTION 33, N89°52'40"W 219.57' TO THE SOUTH RIGHT OF WAY OF TAMIAMI TRAIL (US 41) AND THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT OF WAY N54°19'07"W 200.00'; THENCE S35°36'08"W 137.99'; THENCE SO°58'05"W 3.73' TO THE SOUTH LINE OF SECTION 33; THENCE ALONG SAID SOUTH SECTION LINE S89°52'40"E 242.85' TO THE POINT OF BEGINNING. THE THREE PARCELS CONTAINING 6.557 ACRES MORE OR LESS. Price Street CPUD—PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 8 of 11 EXHIBIT E 1 7 LIST OF REQUESTED DEVIATIONS FROM LDC PRICE STREET&41 CPUD 1. Deviation from LDC Section 5.05.08.C.2, which requires primary façade standards to be applied to all sides of buildings facing a public or private street. This deviation will allow for the east side of the proposed automobile service station to be designed as a secondary façade per Exhibit E-1. 2. Deviation from LDC Section 5,05.05.D.2.a, which requires facilities with fuel pumps within 250 feet of residential property to provide a 30-foot wide landscape buffer and an architecturally designed masonry wall. The deviation will allow for an alternative 15-foot wide landscape buffer with no masonry wall, as shown in Attachment E-2, along the western property line where the CPUD abuts residential property. 3. Deviation from LDC Section 4.06.02.C, which requires a 15-foot wide Type "B" landscape buffer where automobile service stations abut commercial uses, to omit the requirement for internal buffering between the proposed automobile service station and commercial development within the CPUD boundary. The 15-foot wide Type "B" buffer will be provided along the perimeter of the project where the proposed automobile service station abuts commercial uses external to the CPUD boundary. Price Street CPUD—PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 9 of 11 i. • jos vi as �� • _ �"� ; 10.+ is �i 4 ; --'a: 'Ft i ml E o 0-. VD m urs a ` T43co .iC.'cnW tv IY' /! - irO `m at gl ' 1 1T CO ! L 4. a 11 C {i I , r�� I 111 r—iI �_4. I' � � ,I II ID D 1-1illw ��N. F ` a�, 71-1 7-7-1171117111 i1 1 Q+ I • 11 1 I- Z fl !I i O �'j E I ,, I Z I f o NJ rn �� Ihl [I 1_?_; CL' b• • ' 4 kiit' t� .i 1i �. a l j� ' ,, M 1 r A r r —+ g / < -4 I _Jr / § D .. I s, -1 s m O b _, w LT N u D 1 . 1 m 4'11; zm 3 „..<„m.ro�.,.m..nrsm.E w .,.1E... ....moan..,,.crop 15.0'WIDE tir ,--------. 0 • , ‘ 1( o ,\,-=-/ ---.-t.-,-4. 4 Cj 14 0 ' AA \N•ipa.,17/17,8,•44 \:4 '' ,.,--...-- I 104\ i ‘1,1 _ 0 o° 0 111 1 o x- W 't,4) I T m 11 T • o /l �m �yl. Z= J Q Z D m ��,i ��__ / I G m \\ C!) ,t 1V\�` 0 l� ° C4 m ck;.= -I ( D- 9 h Zo” ( -1 D' Dm CO m 0 , 41 x Cm 1'I os -Tio% m Z / o o -=_-- ) ill„o4,501.0.4-7�. Zp N I xmm Io D _ ,,_, oZIII I,,000-4411://1 mm,m cm ooti o �_- H / 0 0 —1 \:: -�` Xi m O <n • • • C "Ni • 1 (c,) itm m V 780,... 0 l ' .R. : ;3-11Eriim ,N.406,.._41,p, 44 Z m Fly p h, H - ' O iS g� N EXHIBIT F 17E DEVELOPMENT COMMITMENTS PRICE STREET&41 CPUD 1. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Price and 41, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2. UTILITIES A. The developer shall connect to the Collier County Water Sewer District (CCWSD) potable water system at locations determined by CCWSD when capacity is available. B. The project shall connect to the CCWSD wastewater collection and conveyance system at locations determined by CCWSD when capacity is available. C. The project shall connect to the CCWSD Irrigation Quality water system at locations determined by CCWSD when capacity is available. 3. TRANSPORTATION A. The development shall be limited to a maximum of 468 two-way unadjusted PM Peak Hour Trips. B. An interconnection to the parcel to the east, currently a Fifth Third Bank parcel will be provided upon approval by the owner of said parcel. C. The owner, its successors or assigns, shall pay, for its fair share payment of the access improvements at the intersection of U.S. 41 and Price Street/Triangle Boulevard and improvements at Price Street/Waterford Drive/Project access as required by the pending Triangle Boulevard/41 Traffic Study by AIM Engineering (i.e. roundabout conceptual plan at Price Street/Waterford Drive/Project Access and US 41/Price Street Northbound/Westbound and Eastbound turn lane improvements). Prior to site development plan approval, the owner shall post a performance guarantee such as a bond or letter of credit in the amount of $33,500.00. Once the study is finalized, any road right- of-way needed by the County, above and beyond the amount that would be required for compensating right-of-way for site specific turn lanes, shall be valued based on fair market Price Street CPUD—PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 10 of 11 I7E value and applied as a credit toward the owner's fair share payment upon conveyance of such additional road right-of-way. The owner shall also receive a credit toward the owner's fair share payment for the cost of design of the southern roundabout in the amount not to exceed $8,500, for which invoices must be provided. Please refer to Exhibit F for the conceptual roundabout design. This exhibit is provided for conceptual purposes only. 4. ENVIRONMENTAL A. The subject site contains approximately 1.83 acres of native vegetation, of which 15% (0.27 acres) is required to be preserved. The native vegetation preservation requirement will be satisfied off-site in accordance with Section 3.05.07.H.1.f of the Land Development Code. 5. PLANNING A. Amplified outdoor sound associated with the food store and fuel pump facilities is limited to 7 a.m. to 10 p.m. daily. Amplified outdoor sound is prohibited for all other non-fuel facility parcels/commercial buildings. B. Dumpsters shall be setback a minimum 80 feet from the existing Price Street right-of-way. C. Lighting fixtures located within 50 feet of the existing Price Street right-of-way and the west property line (adjacent to the Eagle Creek Canal, aka C-4 Canal) shall be limited to a maximum height of 15 feet. All other lighting fixtures shall comply with the Land Development Code regulations. Price Street CPUD—PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 11 of 11 1 7 E EXHIBIT F CONCEPTUAL ROUNDABOUT DESIGN i� , - 4% Approximate Right- NN pp g - :-�2 of-way Impacts m acts , Right-of-way from Wawa /, \ Outside of Landscape buffer "� Approx. 162 sq ft(orange) i. ' / Total Right-of-way from Wawa ,�j Approx.252 sq ft /�" / j/ii%/%/ _ \ • ,,/ - 7, Right-of-way from Large Right-of-way Development iva7 f// Approx.245 sq ft \ '±ery------r i \ / r-—-ii.</'',:. ir; Right-of-way/Sidewalk Right Side Easement Private property Truck Apron Approx.66 sq ft ifl--.7"-`- it 17E ;4 rte FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State December 15, 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. 16-43, which was filed in this office on December 15, 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