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CCPC Resolution 2016-01 CCPC RESOLUTION NO. 16— (-2 [{ A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION FOR AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 03-40, AS AMENDED, THE HERITAGE BAY PUD, TO AMEND SECTION I, LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION, BY ADDING TEN NEW DEVIATIONS FOR THE PARCEL DESCRIBED AS LOT 4, HERITAGE BAY COMMONS TRACT D REPLAT, RELATING TO A JOINT PROJECT PLAN, LANDSCAPE BUFFERS, BUILDING SETBACKS, ARCHITECTURAL STANDARDS, SIGNAGE AND PARKING; AND TO ADD EXHIBIT E, WHICH DEPICTS THE 15 FOOT TYPE D LANDSCAPE BUFFER ALONG THE SOUTH PROPERTY LINE OF LOT 4, HERITAGE BAY COMMONS TRACT D REPLAT. THE SUBJECT PUD PROPERTY CONSISTS OF 2,562± ACRES, LOCATED ON THE NORTHEAST OF CORNER OF IMMOKALEE ROAD (C.R. 846) AND COLLIER BOULEVARD (C.R. 951), IN SECTIONS 13, 14, 23, AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PDI- PL20150001083] WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, the Collier County Planning Commission is authorized by the Board of County Commissioners to grant insubstantial changes to PUD Ordinances in accordance with Subsection 10.02.13.E.2 of the Land Development Code of Collier County; and WHEREAS, the Collier County Planning Commission, being the duly elected constituted Planning Commission for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of PDI-PL20150001083, insubstantial changes to Ordinance No. 03-40, as amended, the Heritage Bay PUD, to amend Section 1, Legal Description, Property Ownership and General Description, by adding ten new deviations for the parcel described as Lot 4, Heritage Bay Commons Tract D Replat, relating to a joint project plan, landscape buffers, building setbacks, architectural standards, signage and parking; and to add Exhibit E, which depicts the 15 foot Type D landscape buffer along the south property line of Lot 4, Heritage Bay Commons Tract D Replat, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.02.13.E.2 of the Collier County Land Development Code; and [15-CPS-01468/1247981/1] Words underlined are added;Words stru .h-are deleted. PD1-P1.20150001083 4/21/16 I WHEREAS, all interested parties have been given opportunity to be heard by this Commission in public meeting assembled and the Commission having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING COMMISSION OF COLLIER COUNTY,FLORIDA,that: Petition Number PDI-PL20150001083, filed by John T. Wojdak, P.E. representing RaceTrac Petroleum, Inc., be and the same is hereby approved for the following insubstantial changes to Ordinance No. 03-40, as amended, the Heritage Bay PUD. SECTION ONE: AMENDMENT TO SECTION I OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 03-40, AS AMENDED, TO ADD SECTION 1.11, PROVIDING FOR DEVIATIONS FROM THE LAND DEVELOPMENT CODE Section I, entitled Legal Description, Property Ownership and General Description, of the PUD Document attached to Ordinance No. 03-40, as amended, the Heritage Bay PUD, is hereby amended to add Section 1.11 as follows: SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP,AND GENERAL DESCRIPTION * * * * * * * * k ' 1.11 THE FOLLOWING DEVIATIONS FROM THE LAND DEVELOPMENT CODE ARE APPROVED FOR THE PARCEL IN THE AC DISTRICT DESCRIBED AS LOT 4,HERITAGE BAY COMMONS TRACT D REPLAT ONLY A. From Section 4.06.02.C.7.a. which allows abutting platted parcels to submit a joint project plan to remove one side or rear landscape buffer along a shared property line as long as the joint project plan is submitted either as a single SDP or SIP consisting of both parcels or separate SDPs or SIPs for each parcel submitted concurrently,to instead allow the owner of Lot 4, Heritage Bay Commons Tract D Replat to eliminate the required landscape buffer on the west side of the property and submit a separate SDP that is not submitted concurrently with the SDP for Lot 3, Heritage Bay Commons Tract D Replat, the adjacent parcel to the west. 1. The owner of Lot 3, Heritage Bay Commons Tract D Replat shall advise any purchaser of the landscape requirements in Section 1.11.A.3 below. 2. Prior to issuance of the Site Development Plan for Lot 4, Heritage Bay Commons Tract D Replat, the owner shall record a Shared Maintenance and Access Easement with Lot 3, Heritage Bay Commons Tract D Replat for shared access, ingress and egress by pedestrian traffic and by motor vehicles onto Sage Avenue, and for such other infrastructure facilities, as required under Section 4.06.02 C.7.a of the Land l ! Development Code. [15-CPS-01468/1247981/1] Words underlined are added;Words-stru oughare deleted. PDI-PL20150001083 • 4/21/16 1 3. Prior to issuance of the Site Development Plan for Lot 4, Heritage Bay Commons Tract D Replat,the owner shall install the required 10-foot Type "A" landscape buffer over the eastern 10 feet of the abutting portion of Lot 3, Heritage Bay Commons Tract D Replat, in order to ensure that the joint project plan for both properties contains the required 10-foot Type "A" landscape buffer on the west side of the shared buffer in accordance with Section 4.06.02 C.7 of the Land Development Code. B. From Section 5.05.05.B.1, which requires that the minimum front yard setback for a Facility with Fuel Pumps of 50 feet, to instead allow a reduced front yard setback of 25 feet for the north front yard. C. From Section 5.05.05.B.1 which requires that the minimum side yard setback for a Facility with Fuel Pumps of 40 feet, to instead allow a reduced side yard setback of 20 feet for the west side yard. D. From Section 5.05.08.C.9.b.ii. which allows one (1) facade of a freestanding structure located in an outparcel of a PUD to be considered a secondary facade as long as that facade is internal to the site and does not abut or face a private street, to instead allow the secondary facade to be the north facade which faces a private street. E. From Section 5.05.08.C.9.b.ii, which requires outparcels and freestanding buildings within a PUD to have a maximum of one secondary facade, to instead allow two (2) facades to be considered secondary facades. F. From Section 4.05.04.G. which requires 1 parking space per 200 square feet of floor area for convenience stores, which has been interpreted to apply to Facilities with Fuel Pumps, to instead allow 1 parking space per 211 square feet. G. From Section 5.05.05.E.1 which requires Facilities with Fuel Pumps to have a 25 foot wide landscape buffer with a 3 foot high undulating berm where the landscaping is adjacent to the rights-of-way external to the development project, to instead allow an enhanced 15 foot Type D landscape buffer on the south property line,as depicted on Exhibit E. SECTION TWO: AMENDMENT TO SECTION II OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 03-40, AS AMENDED, TO ADD SECTION 2.27, PROVIDING FOR MISCELLANEOUS COMMITMENTS Section II, entitled Project Development, of the PUD Document attached to Ordinance No. 03-40, 1i as amended,the Heritage Bay PUD, is hereby amended to add Section 2.27 as follows: SECTION II PROJECT DEVELOPMENT 2.27 MISCELLANEOUS COMMITMENTS A. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create I any liability on the part of the county for issuance of the permit if the applicant fails to [15-CPS-01468/1247981/1] Words underlined are added;Words_truck-threugh-are deleted. PD1-PL20150001083 4/21/1641;51 obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actrions that result in a violation of state or federal law. B. All other applicable state or federal permits be obtained before commencement of the development. SECTION THREE: AMENDMENT TO THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 03-40, AS AMENDED, TO ADD EXHIBIT E, SOUTH BUFFER ENHANCEMENTS Exhibit E, entitled "South Buffer Enhancements," attached hereto and incorporated herein, is hereby added to the PUD Document attached to Ordinance No. 03-40, as amended, the Heritage Bay PUD. SECTION FOUR: AMENDMENT TO THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 03-40, AS AMENDED,TO ADD EXHIBIT E-1,AFFECTED AREA Exhibit E-1, entitled "Affected Area," attached hereto and incorporated herein, is hereby added to the PUD Document attached to Ordinance No. 03-40, as amended,the Heritage Bay PUD. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. PASSED AND DULY ADOPTED by the Collier County Planning Commission after motion, second and majority vote this 21st day of April, 2016. ATTEST: COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA c.rea("(,„/z 0471 il bit David Wilkison, Department Head Karen Homia , Vice-Chairman Growth Management Department A proved to form and legality O1 tl/DV/Co Sc tt A. Stone Assistant County Attorney Attachments: Exhibit E - South Buffer Enhancements Exhibit E-1 - Affected Area [15-CPS-01468/1247981/1] Words underlined are added;Words^hare deleted. 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