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HEX Agenda 01/26/2017AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, JANUARY 26, 2017 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING & REGULATION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES: January 12, 2017 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. PDI-PL20160001163 – Stock Development, LLC requests an insubstantial change to Ordinance No. 92-15, the Lely, A Resort Community PUD, to amend Section XV, Deviations from the LDC, by deleting one deviation relating to signage, adding four new deviations relating to signage, and adding new exhibits relating to the deviations. These changes apply only to 9-acre tract designated as ‘C-2’ on the northwest corner of Tamiami Trail East and Triangle Boulevard, the 9-acre tract designated as ‘C-2’ on the southwest corner of Collier Boulevard and Grand Lely Drive, and the 2.32- acre tract designated as ‘C-2’ on the northwest corner of Triangle Boulevard and Celeste Drive, as depicted on the Exhibit H Master Plan. The subject PUD property consists of 2,892± acres, located between U.S. 41 and Rattlesnake-Hammock Road west of C.R. 951, in Sections 21, 22, 27, 28 , 33 and 34, Township 50 South, Range 26 East, and Section 3, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: Fred Reischl, Principal Planner] B. PETITION NO. PDI-PL20160002759 - Racetrac Petroleum, Inc. requests 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 three new sign deviations for the parcel described as 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. [Coordinator: Eric Johnson, AICP, CFM, Principal Planner] C. PETITION NO. CU-PL20160001380 – 1080 Central LLC requests a Conditional Use to allow a motor freight transportation and warehousing (4225, air conditioned and mini-and self storage warehousing only) use within a C-4 (General Commercial) zoning district pursuant to Section 2.03.03.D.1c.24 of the Collier County Land Development Code for a 2.44± acre property located on the north side of Tamiami Trail East, approximately one-third mile west of Broward Street, in Section 29, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Daniel J. Smith, AICP, Principal Planner] 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN AGENDA ITEM 4-A Coter County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION— ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JANUARY 26, 2017 SUBJECT: PETITION NUMBER: PDI-PL20160001163, LELY, A RESORT COMMUNITY PUD OWNER/AGENT Property Owners: Agent: Applicant: Stock Development, LLC Lindsay Robin Stock Development, LLC and SD Tract 4, LLC Waldrop Engineering, P.A. 2639 Professional Circle, Suite 101 2639 Professional Circle Suite 101 28100 Bonita Grande Drive #305 Naples, FL 34119 Naples, FL 34119 Bonita Springs, FL 34135 J.P. Morgan Chase, N.A. 1111 Polaris Parkway Columbus, OH 43240 The petitioner requests that the Hearing Examiner approve an insubstantial amendment to Ordinance number 92-15, the Lely, A Resort Community Planned Unit Development (PUD), to allow the following changes: o For an off -premise sign, the LDC requires a maximum area of 12 square feet and a maximum height of 8 feet; the LDC also requires that an off -premise sign be a maximum of 1,000 feet away from the building, structure, or use for which the sign is displayed. The Applicant requests a 120 square foot sign at 15 feet in height, approximately 1,500 feet from the building, structure, or use for which the sign is displayed. o On -premises signs are required to be separated by 1,000 feet; the Applicant requests a separation of 122 feet. o The LDC entitles outparcels to 1 sign; the Applicant requests 2. o The LDC requires that a directory sign be located at an entrance on a public street; the Applicant requests that a directory sign be located away from an entrance. Page 1 of 8 Lely, A Resort Community, PDI-PL20160001163 January 26, 2017 GEOGRAPHIC LOCATION: The subject property is located at the northwest comer of the intersection of Tamiami Trail East (U.S. 41) and Collier Boulevard (C.R. 951) in a commercial area of the Lely, A Resort Community PUD. (Please see the Location Map on page 2.) The Applicant is seeking changes to the PUD by deleting one existing deviation and adding four additional deviations, as discussed below. All the proposed deviations concern signs in the commercial tract. DEVIATION DISCUSSION: Deviation 96, a deviation from LDC Section5.06.04.F.1, which would permit an additional pole or ground sign, is being deleted. Petitioner's Rationale: The proposed deviation is no longer required because the parcel has since been divided into multiple parcels. S1affAnalysis and Recommendation: Staff has no objection to the deletion of the deviation. LDC requirements will be in effect. Deviation #8, a deviation from LDC Section 5.06.04 G.2.e, which requires off -premises signs to be 12 S.F. in area, 8 -feet in height, and located no more than 1,000 feet from the building, structure, or use for which the sign is displayed, in instead allow one (1) off -premises sign to be 120 S.F. in sign copy area, 15 -feet in height, and located approximately 1,500 Page 3 of 8 Lely, A Resort Community, PDI-PL20160001163 January 26, 2017 feet away from the `C-2' tract located on the northwest corner of Triangle Blvd. and Celeste Drive as shown on Exhibit XV-1. The proposed sign is located within the 0.9+/- acre outparcel and is described as "120 S.F., off-premises sign" on Exhibit XV-1. The off-premises sign will be limited to displaying one (1) 120 S.F. sign placard for the benefit of the entity located within the `C-2' tract at the northwest corner of Triangle Blvd. and Celeste Dr. as shown on Exhibit XV-1 and the remainder of the sign will be limited to displaying sign placards for the entities located within the `C-2' tract located at the northwest corner of Tamiami Trail East and Triangle Blvd. as shown on Exhibit XV-1. This deviation applies solely to the 2.32+/- acre tract designated as 'C-2' on the Revised Exhibit 'H', Master Land Use Plan, and located at the northwest corner of Triangle Blvd. and Celeste Dr., and the 0.9+/- acre outparcel within the 8.28+/- acre tract designated as 'C-2' on the Exhibit 'H', Master Land Use Plan, and located at the northwest corner of Tamiami Trail East and Triangle Blvd. Petitioner's Rationale: The proposed deviation will accommodate the tenants of Triangle Plaza while also serving the traveling public by means of a larger sign for visibility and wayfinding purposes. Staff Analysis and Recommendation: The petitioner has agreed, as a condition of approval, an additional 20% foundational plantings at the base of the sign at U.S. 41 and Triangle Boulevard. Additionally, the petitioner states that the proposed square footage is "significantly smaller" than the Freedom Square Directory sign on the south side of Triangle Boulevard. While this statement is correct, it should be noted that directory signs are permitted by right a larger square footage of, LDC 5.06.04.F.3.c., of 150 square feet. With that said, staff recognizes this request for the purposes of store marketing and potential customer recognition on the busy intersection of U.S. 41 and Triangle Boulevard. Therefore, Staff finds the petitioner's rationale supportable for this project. Deviation #9, a deviation from LDC Section 5.06.04.F.1., which allows additional on-premises ground or pole signs separated by 1,000 feet, to instead allow an additional sign to be located within 122' of the existing on-premises sign on the 0.9+/- acre outparcel as shown on Exhibit XVI. This deviation applies solely to the 0.9+/- acre outparcel within the 8.28+/- acre tract designated as `C-2' located at the northwest corner of Tamiami Trail East and Triangle Blvd. on Exhibit 'H', Master Land Use Plan. Petitioner's Rationale: The proposed deviation will be located within an existing 20' x 20' sign easement (created between Stock Development and JP Morgan Chase) which the petitioner states provides sufficient space for sign accommodation. Moreover, the location of the pole or ground sign will allow for increased visibility at a lighted intersection for traveling public wayfinding. Staff Analysis and Recommendation: Staff finds the rationale of locating a sign at a busy intersection for a new commercial development within an Activity Center a supportable location. Staff find's the petitioner's rationale supportable for this project. Deviation #10, a deviation from LDC Section 5.06.04.F.2.b., which limits outparcels to a single ground sign, to instead allow the 0.9+/- acre outparcel to have two (2) signs as shown on Exhibit XV-1. This deviation applies solely to the 0.9+/- acre outparcel located within the 8.28+/- acre tract designated as `C-2' located at the northwest corner of Tamiami Trail East and Triangle Blvd. on Exhibit'H', Master Land Use Plan. Petitioner's Rationale: The proposed deviation will allow for visibility on an arterial roadway, U.S. 41, because currently its only immediate street access is Triangle Boulevard. While the C-2 tract at Triangle Boulevard and Collier is within the 1,000 feet of the subject property, the applicant does not own the property or have an easement to locate signage here. Staff Analysis and Recommendation: Staff finds the rationale of locating a sign at a busy intersection for a new commercial development within an Activity Center a supportable location. Staff find's the petitioner's rationale supportable for this project. Deviation #11, a deviation from LDC Section 5.06.04 F.3, which permits one (1) directory sign at the entrance on each public street for multiple-occupancy parcels, to instead allow one (1) directory sign on Collier Blvd. to be located where Page 4 of 8 Lely, A Resort Community, PDI-PL20160001163 January 26, 2017 there is no entrance for the 'C-3' Tract located at the southwest corner of Collier Blvd. and Grand Lely Dr. as shown on Exhibit XV -2. This deviation applies solely to the 9 -acre tract designated as 'C-3' on Exhibit 'H', Master Land Use Plan, and located at the southwest corner of Collier Boulevard and Grand Lely Drive. Petitioner's Rationale: The proposed deviation will allow for visibility on an arterial roadway, Collier Boulevard, because currently its only immediate street access is Triangle Boulevard. While the C-2 tract at Triangle Boulevard and Collier is within the 1,000 feet of the subject property, the applicant does not own the property or have an easement to locate signage here. Staff Analysis and Recommendation: Staff finds the rationale of locating a sign on an arterial roadway for a new commercial development a supportable location. Staff find's the petitioner's rationale supportable for this project. ANALYSIS: Section 10.02.13.E.1 and 2 of the Land Development Code sets forth the criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD document are to be reviewed before they can be approved. The criteria and a response to each criterion of 10.02.13.E.1 have been listed as follows: a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the Lely Resort PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. C. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space), or a proposed relocation of nonresidential land uses? No, the proposed insubstantial change will not increase the size of institutional, commercial, industrial uses. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? There are no substantial impacts resulting from this insubstantial change. Page 5 of 8 Lely, A Resort Community, PDI-PL20160001163 January 26, 2017 f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No, the proposed changes will not create any additional vehicular generated trips based upon the ITE Trip Generation Manual. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. The proposed changes will not bring about any changes to an abutting land use that would be incompatible with an adjacent land use. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No, this modification is consistent with the Future Land Use Element of the Growth Management Plan. The modifications to the PUD ordinance do not increase the intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)9e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Sec. 2.7.3.5.4 or Sec. 2.7.3.5.6 of this Code. The Lely Resort PUD is a DRI, however, this change does not require an amendment to the DRI. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provide above, the proposed changes are not deemed to be substantial and do not alter the findings of the original Lely, A Resort Community petition (attached). NEIGHBORHOOD INFORMATION MEETING (NIM): The agents conducted a duly noticed NIM on September 14, 2016 at 5:30 PM at the South County Regional Library. The meeting was attended by eight residents and no objections were raised. Page 6 of 8 Lely, A Resort Community, PDI-PL20160001163 January 26, 2017 COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Lely, A Resort Community, PDI- PL20160001163, on January 11, 2017. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20160001163, Lely Resort PDI with the following condition: Prior to final inspection, the developer shall install the Code -required foundation plantings at the base of the sign at US 41 and Triangle Boulevard, plus a minimum of 20 percent additional (non -sod) plantings. Page 7 of 8 Lely, A Resort Community, PDI-PL20160001163 January 26, 2017 PREPARED BY: 0ga- 1-11-17 F ISCHL, AICP DATE PRINCIPAL PLANNER ZONING DIVISION REVIEWED BY: - 11 RAYMC V. BELLOWS, ZONING MANAGER DATE ZONIN WISION MICHAEL BOSI, AICP, DIRECTOR DATE ZONING DIVISION Page 8 of 8 Lely, A Resort Community, PDI-PL20160001163 January 26, 2017 PDI-PL20160001163 Lely, A Resort Community FINDINGS OF FACT for PUDA-PL20140002040: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the analysis provided by Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this PUD Amendment remains consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff has provided a review of the proposed changes and believes that the project will be compatible with the surrounding area. The approved uses within the PUD are not proposed to change as part of this amendment; however the applicant is requesting to add residential use(s) in the C-3 tract. The uses approved in the original PUD rezone were determined to be compatible and continue to be compatible with the changes proposed by this request. The petitioner is proposing a number of changes as noted above, however staff believes uses remain compatible given the development standards and project commitments. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking seven deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff has provided an analysis of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval of the deviations. Rezone Findings: LDC Subsection 10.02.08.F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in-depth review of the proposed amendment. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP because uses are not changing with this amendment. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD and there are no land additions proposed as part of this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. S. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUD ordinance regulations. The applicant's request is consistent with the proposed GMPA. 6. Whether the proposed change will adversely influence living conditions in the neighborhood, Staff is of the opinion that the proposed amendment, with the commitments made by the applicant, can been deemed consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes restrictions and development standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project with the commitment that has been provided by the developer. 8. Whether the proposed change will create a drainage problem; The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this amendment petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The location of the proposed buildings, combined with the setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, if staff s conditions of approval are adopted, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the subject property already has a zoning designation of PUD; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban -designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Additional development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. ENGINEERING INSUBSTANTIAL RESORT PUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 NIM SYNOPSIS • 0 MIn/M 0 AW1 Al W-& 01", a, 1/"1Ma, Il_rWWI 0Ok 1101 Memorandum To: Rachel Beasley From: Lindsay Rodriguez cc: Keith Gelder Date: September 15, 2016 Subject: Lely Signage PDI (PDI-PL20160001163) Neighborhood Information Meeting (NEVI) Synopsis Waldrop Engineering, P.A., on behalf of Stock Development, and Collier County Staff conducted a Neighborhood Information Meeting (NIM) on Wednesday, September 14, 2016. The meeting was held at 5:30 p.m. at the South Regional Library at 8065 Lely Cultural Parkway. • The sign -in sheet is attached as Exhibit "A", and demonstrates approximately eight (8) residents were is in attendance, not including the consultant team and Staff. Handouts were distributed outlining the project overview and changes requested through the Insubstantial Change to a PUD (PDI) are attached as Exhibit `B". Alexis Crespo (Agent) conducted the meeting with introductions of the consultant team and Staff, and explained the insubstantial change to a PUD (PDI) application under review by the county. Ms. Crespo discussed the handout provided to attendees and presented the approved PUD Master Plan and exhibits depicting the locations of the signage deviation requests, as well as an aerial of the various sites. Ms. Crespo discussed each of the requested deviations for signage on Triangle Boulevard and Collier Blvd. Ms. Crespo also outlined the public input opportunities throughout the process, and noted the upcoming Hearing Examiner would be scheduled near November. Ms. Crespo clarified that this hearing will not go before the Collier County Board of County Commissioners because the proposed changes are deemed unsubstantial. It was also stated that residents who received a notice of the NIM would also be receiving notice for that hearing. Following the Consultant's presentation, the meeting was opened up to attendees to make comments and ask the Agent questions regarding the proposed development. The following is a summarized list of the questions asked and responses given. Question/Comment 1: How far back will the sign be (on Collier Boulevard)? Response: The code requires a 10 -foot setback. • Page 1 of 2 Question/Comment 2: What about the Hogan Plaza. sign? Will it meet the setbacks? Response: Yes, that sign will also comply with the code setback. • Question/Comment 3: Is the relief your requesting just about the sign going further north or south along Collier Blvd.? Response: Yes, that deviation is requesting the sign to be located in the middle of the parcel along Collier Blvd., as opposed to being located at the proposed vehicular entrance, which would most likely be to the south of the parcel. Question/Comment 4: What are they doing with that parcel? Response: We do not know right now, there are no development plans yet. Question/Comment 5 and 6: Will it be the same as the other parcel (Hogan's Plaza)? With two groups of stores? Response: Once again, we do not know at this point. Question/Comment 7: Can you discuss the arrangement here? Is Stock Development the owner? Response: Yes, Stock owns the properties. Question/Comment S: Are they considering a right turn lane by Chase Bank on to US 41? Response: We are not sure, but the County is conducting a study on Triangle Blvd. They understand there are traffic issues here and are taking steps to fixing it. Question/Comment 9: The second parcel mentioned (Celeste Drive) where is that sign going? Response: That sign would be located on the sign that is proposed to go on the Chase Bank outparcel, as a placard type of sign. • Question/Comment 10: Are you all involved in the horse monument going in? Response: We are not involved. (Later it was clarified that Waldrop Engineering's landscape architecture team is working on that monument.) • There were no further questions or comments. Ms. Crespo thanked attendees for coming and noted that her contact information is available for those who wished to contact her. Many attendees expressed interest in being updated on the Triangle Blvd. study. The meeting concluded at approximately 5:50 p.m. The meeting was recorded per the CD attached as Exhibit "C". Page 2 of 2 a m I W I I I NEIGHBORHOOD INFORMATION MEETING LELY SIGNAGE PDI — PL20160001163 September 14, 2016 @ 5:30p,m, PLEASE PRINT CLEARLY ��•� °7nL G: Q7d�SC2 u, The Information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. dyou donot want your e-mail address, phone number orhome address released if the county receives a public records request, you can refrain from Including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checidngthe county Web she for additional information, Name Address CNy,STZip E -Mail Address a44. c E a h k ,V a�fD cA i`RS r-0VE Burl T `t " ci ry � t a .A EXHIBIT B LELY RESORT PUD (PDI-PL20160001163) • Neighborhood Information Meeting Project Information Sheet Wednesday, September 14, 2016 Project Size: 2,892+/ -acres (Entire Lely Resort PUD) -- [NO CHANGE] Future Land Use: Urban Mixed Use District, Urban Residential Subdistrict -- [NO CHANGE] Zoning: Planned Unit Development -- [NO CHANGE] Approved Density/Uses: 8,946 dwelling units; a golf course; 820,000 square feet of commercial uses; 350 hotel rooms; and educational- and community -oriented facilities -- [NO CHANGE] *Proposed Insubstantial Changes to the PUD: • Amend approved Deviation #6 to allow for an additional ground/pole sign to be • located on the Chase Bank outparcel at the corner of US 41 & Triangle Blvd.; • Amend approved Deviation #7 to allow for a maximum sign area of 120 square feet for this additional ground/pole sign; • Add Deviation #8 to allow for an off -premises pole sign to be located on the Chase Bank outparcel at the corner of US 41 & Triangle Blvd. to advertise the Hobby Lobby and other commercial uses. • Add Deviation #9 to allow an off -premises directional sign to be located on the off - premises ground/pole sign located on the Chase Bank outparcel, to advertise future commercial uses on the Triangle Blvd./Celeste Dr. commercial parcel; • Add Deviation #10 to allow a directory sign to be located at the mid -point of the parcel frontage facing Collier Blvd. for the commercial parcel located at the southwest corner of Collier Blvd. and Grand Lely Drive. 0 LELY RESORT PUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) • PDI-PL20160001163 SIGN POST AFFIDAVIT C • SIGN POSTING INSTRIICFIONS • (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning signals) most be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifieen (15) calendar days in advance ofthe first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer an the Administrative Code, Chapter 8 E. I. The sign(s) must be crated in full view of the public, not more than five (5) feel from the nearest street righl-of-way or easement. 2. The sign(s) most be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sigu(s) in place, and readable condition until the requested action has been heard and a final decision tendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER • BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Lindsay Robin WHO ON OATH SAYS THAT HEISHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL2016=fI63 28100 Bonita Grande Dr. #305 `SIGNA TILRE OF APPLI ANT O STREET OR P.O. BOX Undsay Robin Bonita Sprigs, FL 34135 NAME (TYPED OR PRINTED) CITY, STATE ZIP # STATE OF FLORIDA COUNTY OF COLLIER \ The foregoing instrument was swum b subscribed subsced before me this () fh day of U VCi / , 2012by LI n �} (j j �1 n , personally known m me or who produced asv identification and who did/did net take an oath. ANY, WAYN IaCNB1E11R01H1 iartnnn i•i�`"i srccalassatasrseetet � gnatdre of tary�lo Poblic ewl�stbfa,al>o ama.alhutbWyRtlelFdsMYn �ALlUr1 MIrbh11 Prinkd of Notary Public • My Commission Expires: (Stamp with serial number) Rev. 31412015 LELY SIGNAGE PDI — SIGN POST PHOTOS (PL20160001163) • 'PUBLIC WlmwiC 1 Duluc HEANIN6 BEGOWING'AN INSUBSTANTIAL CHANCE TO A PLANNED UN17 DEVELOPMENT IPDA - rtnvau < vounpaieoouuu uu vuo -- - 1 LJ Ll Fj Ll r] • 0 0 0 INENGINEERING LELY RESORT PUD INSUBSTANTIAL CHANGE TOAPLANNED UNIT DEVELOPMENT (PD1) • PDI-PL20160001163 PDI APPLICATION • Con. Comity COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (2391252-2400 FAX: (239) 252-6358 INSUBSTANTIAL CHANGE TO A PUD (PD1) LDC subsection 10.02.13 E & Code of laws section 2-83-2-90 Ch. 3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiners approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION • Name of Applicant(s): Stock Development c/o Keith Gelder Address: 2639 Professional Circle Suite 101 City: Naples State: FL ZIP: 34119 Telephone: 239-449-5227 Cell: 239-280-6504pa%; 239-592-7541 E -Mail Address: kgelder@stockdevelopment.com 0 Name of Agent: Lindsay Rodriguez Folio 11: See Page 2 of Application Section: Twp: Range: Firm: Waldrop Engineering, P.A. Address: 28100 Bonita Grande Dr. #305 City: Bonita springs State: FL ZIP: 34135 Telephone: 239405-7777 Cell: 239-850-8525 Fax: 239-405-7899 E -Mail Address: lindsay.rodriguez@waldropengineering.com 6/17/2015 Page 1 of 5 �Co'w y COLDER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net )239) 252-2400 FAX: (239) 252-6358 DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? Q Yes ❑ No ❑ 1. If applicant is a land trust, so indicate and name the beneficiaries below. ❑ 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. ❑ 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. Q 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ S. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. ❑ 6. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) • name and address below: (If space is inadequate, attach on separate page) DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.I. PROPERTY INFORMATION PUD NAME: Lely Resort PUD ORDINANCE NUMBER: 15-39 FOLIO NUMBER(S): 77510401025; 259100oD751; 55425003255 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? K Yes ❑ No 6/17/2015 Page 2 of 5 0 • • CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coliiergov.net If no, please explain: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239( 252-2400 FAX: (239) 252-6358 Has a public hearing been held on this property within the last year? M Yes ❑ No If yes, in whose name? Stock Development Has any portion of the PUD been Q SOLD and/or 0 DEVELOPED? Are any changes proposed for the area sold and/or developed? ❑ Yes K No If yes, please describe on an attached separate sheet. 6/17/2015 Page 3 of 5 COQ y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coiliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: PUO Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW NOT COPIES REQUIRE REQUIRE Completed Application (download current form from County website) 16 LE Pre -Application Meeting notes 1 Li L Project Narrative, including a detailed description of proposed changes and why amendment is necessary 16 x❑ ❑ Detail of request L Li L Current Master Plan & 1 Reduced Copy Revised Master Plan & 1 Reduced Copyx x Revised Text and any exhibits x PUD document with changes crossed through & underlined x PUD document as revised with amended Title Page with Ordinance # Warranty Deed Legal Description x x Boundary survey, if boundary of original PUD is amended + If PUD Is platted, include plat book pages Lx List identifying Owner & all parties of corporation 2 Affidavit of Authorization. signed & notarized 2 x Completed Addressing Checklist 1 x Copy of 8 X in. x 11 In. graphic location map of site 1 x Electronic copy of ail documents and plans -Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ❑ ❑ ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 6/17/2015 Page 4 of 5 0 • • • COQ y COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS— INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): AmV Loddieart Bayshore/Gateway Triangle Redevelopment: Executive Director Utilities Engineering, Kris VanLen en Parks and Recreation: Vi Ahmad Em en Management: Dan Summers Naples Airport Authority, Ted Soliday Conservancy ofSWFL: Nichola n Other: Li Iof Na les: Robin SM er, Hanni Director Other: FEE REQUIREMENTS R PUD Amendment Insubstantial (PDI): $1,500.DO X Pre -Application Meeting: $500.00 R Estimated Legal Advertising fee for the Office of the Hearing Examiner: $925.00 The completed application, all required submittal materials, and fees shall be submitted to: • Growth Management Department/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 • 6/24/2016 Date 6/17/2015 Page 5 of 5 AlEm LELY RESORT PUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 PRE -APPLICATION MEETING NOTES • • 0 Co*r County • COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www,colliereov.net (239) 252-2400 Pre -Application Meeting Notes Petition Type:?D 1 3 �� v1 Q.v Date and Time: i — u Assigned Planner: r�R Q CA% C tu $ !A Engineering Manager (for PPL's and FP's): 000. Project Information Project Name: 0*o- Pl. #: 2 cel t, U b b j I to 6 Property ID #: i0u 010*1 CurrentZoning: �-�.� QALQf 1- ni0 Project Address: dity: State: FL Zip: Applicant: • Agent Name: Phone: '3g op -�� Dom. 23 or.- 304°? Agent/Firm Address: 2 �`" �`ity: t State: VOL, Zip: Property Owner: �3oS . irySpnv�,�• Please provide the following, if applicable: i. Total Acreage: % 1. 1 fl. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: Iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please Indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: • c Co.� y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net 12391252-2400 Pre -Application Meeting Sign -In Sheet PL a: 20150001611 Collier County Contact Information: Na f. btPWresur ibdraib Lao/. av'to ao" u14j • Name Review Discipline Phone Email ❑ Richard Anderson EnvimnmentalSpecialist 252-2483 richardandermn@colliergov.net 0 David AnthonyEnvironmental Review 252• mlllergov.net ❑ ❑ Summer Ara ue Steve Baluch, P.E. x1 onmental Review Transportation Planning 252 252-2361 merbrownaraue@mlliergov.net Ste henBaluch@collier ov.net ❑ Laurie Beard Transportation Pathways 252-5782 Laurlebmrd@mlllergov.net ❑ Rachel Beasley Planner 252.8202 mchelbeasle @collier .net ❑ Maras Berman County Surveyor 252 -GSM MarcusBerman@mllle net ❑ Madelin Bunster Architectural Review 252-8523 madellnbunster@wlliermov.net ❑ Mark Burtchin ROW Permitting 252-5165 1 markburtchin@willergay.net ❑ George Casclo Utility villin 252-5543 gwrimscio@mlllergw.net 0 Heidi Ashton Odco MansgingAnt County Attorney 252-8773 holdlashton@wlllergov.net Sue Faulkner Comprehensive Planning 252.5715 wafautkmer@wlllergoy.net ❑ Erk Fey,P.E. Site Plans Reviewer 252-2434 ericleylillcolliergov.net ❑ Paula Fleishman Impact Fee Administration 252-2924 Paulaffelshman@wIllergov.net ❑ Nancy Gundlach, AICP, PLA Zoning Services 252-2484 nanmundiach@colllergm.net ❑ Sher Hingson East Naples Fire Oistrict 687-5650 shingwn@ccfco.org 0 John Houldsworth Engineering Services 252-5757 ]Dhnhouldswarth@wlilergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 lodlhughes@cdliergoy.net 0 Aide Humphries Site Plans Reviewer ROW 252.2326 aliclahurnuhriesftoilleriloy.net 0 Eric Johnson AICPCFM Zoning Services 252.2931 erlcjohnwn@wlliergm.net 0 Marda Kendall Comprehensive Planning 252.2387 mamiakendall@wlliergw.net ❑ Stephen Len ber er Environmental Review 252-2915 stmienberger@coillergm.net ❑ Paulo Martins Utilities 252-4285 paubmartins@wlliergm.net 0 Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colli ov.net 0 Jack McKenna, P.E. Engineering Services 252.2911 lackmckenna@oolllergw.net 0 Matt McLean, P.E. Pdnd al Project Manager 252.8279 matthewmclean@wlllergw.net 0 Gilbert Monclvalz Utility Impact Fees 252-4215 gilbertmoncivalz@wlliergm.net 0 Annis Mosam Addressing 252-5519 annismozam@colllergov.net ❑ Stefanie Nawrockl Planning and Zoning 252-2313 StefanieNawrodd@colliergov.net ❑ Madam Ocheltree Graphics 252.2315 mariamocheltree@coillergw.net 0 Bran Otero Transit 252.5859 bnndyotero@mlliereov.net Na f. btPWresur ibdraib Lao/. av'to ao" u14j • • L • Coercounty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliemov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239(252-2400 ❑ Brindl Pollard UtIlity Impart fees 252'6237 bmndipollard@ Illergov.net ❑ Fred Reischl,AICP Zoning Services 252-4211 fredreischl@mlliergov.net ❑. -Stacy Reva . . _... Transportation Pathways 252.5672 sta nava es.colliergov.net _ ❑ Brett Rosenblum, P.E. Utility Plan Review 252.2905 brettrosenblum@colliergov.net ❑ Michael Sawyer Zoning Services 252-2926 michaelsawyer@colliergov.net ❑ Corby Schmidt, AICP Comprehensive Planning 252.2944 mrbyschmidt@colliergm.net ❑ Chris Scott, AICP Planning and Zoning 252.2460 chdmott@colliergm.net ❑ Daniel Smith, AICP landsta a Review 252-4312 danteismith@mlliergov.net ❑ Ellen Summers Planning and Zoning 252.1032 EllenSummem@wlllergov.net ❑ Scott Stone Assistant County Attorney 252.8400 "ttstom@wlllergm.net ❑ Mark Strain Hearing Examiner/CCPC 252.4446 morkstmln@coll]eMm.net ❑ KrIsVanLengen Utility Planning 252-5366 kriwantengen@wIllergm.net ❑ Jon Walsh BuIldIng Review 252-2962 onathanwalsh@mlllergov.net ❑ David Weeks, AICP Future land Use Consisten 252-2306 davidweeks@colllerov.net ❑ Kirsten Wilkie Environmental Review 2523518 kirstenwllkle@colliergov.net ❑ ChHstine Wlllou hby Planning and Zoning 252-5748 ChdstineWillou hby@mllle m.net Additional Attendee Contact Information: i• 94" �L,(.s_ _4.. _.�.�i '' - n_ _ ..• .•. a /l<��'Y��C:..��._""l:a!UL'L'tlJ i• 94" BeaslevRachel Subject: PL20100001163(PDI) Location: COW ROOM "C" Start: Tue 6!142016 3:00 PM End: Tue 6/1420164:00 PM Recurrence: (none) Meeting Status: Accepted Organizer: CDS-C Required Attendees: AhmacMcky; AlcomChds; Amy Lockhart -Taylor (lockha@collierschools.com); AndersonRichard; AnthonyDavid; ArnoldMichelle; AshtonHeldl; AuclairClaudine; BaluchStephen; Beardl-aurie; BeasleyRachel; BrethauerPaula; BrownAmqueSummer, BurtchinMark; CascioGeorge; CondominaDanny; CrowleyMichaelle; David Ogilvie; dfay@northcollierfire.com; FaulknerSue; FeyEdc; FleishmanPaula; GundlachNancy, HouldsworthJohn; HughesJodi; HumphdesAlicia; JacobLisa; jnageond@sfwmd.gov, Johnson Eric; KandallMarcia; KurtzGerald; Lany.Alewine@stantec.com; LenbergerSteve; LevyMichael; Imar6n@sfwmd.gov; LouviereGarrett; Martlnezoscar, MashnbertoThomas; .. McCaughtryMary, McKennaJack; McKuenElty; McLeanMatthew; MoscaMichele; MoxamAnnis; NawrockiStafanie; PajerCmig; Pancakellill; PattersonAmy, PepinEmily; pjimenez@shvmd.gov; ReischlFred; RosenblumBrett SantabarbaraGino; SawyerMichael; ScoaChris; Sher Hingson; ShawlnskyPeter, Shawn Hanson; SheaBarbara; SmilhDaniei; SmtdWatalie; StoneScotk StralnMark; SuleckiNexandra; SweetChad; TempletonMark; VanLengenKris; WalshJonathan; WeeksDavid; WilloughbyChdsgne; Lindsay Rodriguez Planner- Rachel Beasley Fire District -East Naples Fire Project Type: PDI • • 11 Pruject Description: This is not for a variance it is for an Insubstantial Change to a Planned Unit Development (PD1), but was not an option on drop down box. Seeking 3 site-specific signage deviations for the Lely PUD. • Existing Application Name: N/A Meeting Type: Pre -Application Meeting Preferred Date: June 2, 2016 at any time Unavailable Dates: Location: 9995 Triangle Boulevard, Naples, FL, 34119, Parcel Number: 77510401025 Full Name: Lindsay Rodriguez Email: lindsay.rodrieuez(&waldrooenzineerine com Company Name: Waldrop Engineering 28100 Bonita Grande Dr. #305, Bonita Springs, FL 34135 Representing: Stock Development Contact Number. Work: 239-405-7777 x232 Contact Number. Other: 239-908-3079 Fj Undx Radca Lew. em.W eddre.eea ere "k rocwd.. If you do not want yourean9 atldre.. naaaeatl h .IeWWo mel to ft -WARY. 1n . wrUld Nl. oMw by tdeptw "In wring, npwuebepubac rxwtls mquesL do ndaeM 0 CoYY COLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 341D4 www.colliergov.net (239) 252.2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submetal hems in the exact order listed below, with cover sheets attached to each section. Incomplete submittals wl8 not be amated. REQUIREMENTS FOR REVIEW 4 OF COPIES EQUIRE RNOT EQUIRE Completed Alication(download current form from County website) 16 x Pre -Application Meeting notes 1 Project Narrative, including a detailed description of proposed changes and why amendment Is necessary 16 x❑ ❑ Detail of request U I 1x] Current Master Plan & 1 Reduced Copy I Lix Revised Text and any exhibits I x PUD document with changes crossed through & underlined x PUD document as revised with amended Title Pap with Ordinance R x Warranty Deed Legal Description x z Boundary survey, R boundary of original PUD Is amended if PUD Is platted, include plat book pages x Ust identifying Owner & all parties of corporation 2 Affidavit Df Authorization. signed&notarized 2 x Completed Addressing Checklist 1 x Copy of 8 % In. x 11 in. graphic location ma of site 1 z Electronic copy of all documents and plans -Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ❑ ❑ ❑ -if located In Immokalee or seeking affordable housing, include an additional set of each submittal requirement. )MORAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confine the number of additional copies required. 6/17/2015 Page 4 of 5 0 • • 11 Pam 11IOU I 40. ENGINEERING LELY RESORT PUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 COVER LETTER • WAL.DROP ENGINEERING CIVIL ENGINEERING & LAND DEVELOPMENT CONSULTANTS • 26100 NGS, M. •305 ul Nn 1 B0IATEA gR0N68,ar5 R 3at35 P: T3aJ06T]]] r: T3&aOS]ga0 June 24, 2016 REVISED JANUARY 2017 Ms. Rachel Beasley Zoning & Land Development Review Department Community Development & Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Lely Resort (PUD) Insubstantial Change (PDI) PL2016-0001163 Dear Ms. Beasley Enclosed for your review is an application for an Insubstantial Change to a PUD in regards to the Lely Resort Planned Unit Development (PUD), a 2,892.5+/- acre project generally located west of Collier Blvd./CR 951, east of US 41, and south of Rattlesnake Hammock Road in unincorporated Collier County. The Applicant is requesting four (4) new site-specific signage deviations through this application and adding new exhibits relating to these deviations; and deleting one (1) approved deviation relating to signage. • The Lely Resort PUD was originally rezoned in 1992 to allow for the development of 10,150 dwelling units; 820,000 square feet of commercial uses; 350 hotel rooms; and educational facilities. In 2007, the PUD was amended to allow residential units on the C-2 parcel fronting on U.S. 41, and to amend development standards, square footage requirements, and operational restrictions for commercial uses within the tract. The amendment was approved pursuant to Ordinance 2007-72. In 2014, the Applicant amended the PUD zoning to revise the unit count from 10,150 to 8,946 dwelling units, add deviations and developer's commitments, and modify allowable commercial intensities. This amendment was approved pursuant to Ordinance 15-39. REQUEST The Applicant is requesting Staffs approval of an insubstantial change to the Lely Resort PUD to allow for the following modifications to Exhibit F, Section XV, Deviations, approved per Ordinance 2015-39: • Remove approved Deviation k6 in its entirety relating to reduced separation of signage on the C-2 tract at U.S. 41 and Triangle Blvd.; • Lely Signage PDI Cover Letter/Request Narrative Page 1 of 5 • Add a new deviation to allow for one (1) off -premises sign at the southwest corner of the C-2 Tract that fronts US 41 as shown on Exhibit XV -1; • Add a new deviation to allow for one (1) off -premise directional sign approximately 1,500 feet away from the building or use for which the sign is displayed as shown on Exhibit XV -3. This request applies solely to the C-2 Tract located at the southeast corner of Celeste Drive and Triangle Blvd. • Add a new deviation to allow an additional outparcel ground sign on the Chase Bank outparcel located within the C-2 Tract that fronts US 41 as shown on Exhibit XV -1; • Add a new deviation to allow for one (1) directory sign in the middle of the Collier Blvd. frontage on the C-3 Tract located at the southwest corner of Collier Blvd. and Grand Lely Drive on Collier Blvd., and • Add two (2) new exhibits relating to the new deviations. The additional deviations will allow for the appropriate signage for commercial portions of this PUD to ensure visibility from the adjacent arterial and collector roadways. As proposed, the modified deviations will allow for flexibility in the placement of signage throughout this master -planned development, while preventing signage proliferation and conflicts with existing signage and infrastructure. Please refer to the enclosed Deviation Narrative, signage exhibits, and photographs that further detail the appropriateness of • the requested signage deviations. • JUSTIFICATION/COMPLIANCE WITH LDC §10.02.13.E: The request complies with the thresholds for insubstantial changes to PUDs as outlined in LDC§ 10.02.13.E as follows: a. A proposed change in the boundary of the PUD; No, the request will not impact the existing PUD boundary. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; No, the request will not increase the approved density or intensity, or the height of proposed buildings. c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; Lely Signage — PDI-PL20160001163 Cover Letter Page 2 of 5 No, the request will not result in a decrease of preserve, conservation, recreation, or • open space areas. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; No, the requests do not impact the size of non-residential areas or proposed to relocate such areas within the PUD boundary. e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; No, the request will not result in an impact to the development in terms of traffic and public facilities. The deviations being requested through this PDI will allow for enhanced visibility of the allowable signs. f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; No, the request will not generate a higher level of vehicular traffic. No change in land • use activities is being requested. g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; No, the request will not result in increased requirements for stormwater retention or increase stormwater discharges. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; No, the request will not modify any existing uses that would impact any surrounding land uses or that would be incompatible. i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; No, the request does not impact the project's compliance with the Growth Management Plan. The request is limited to modifying existing signage deviations and Lely Signage — PDI-PL20160001163 Cover Letter Page 3 of 5 adding three new site-specific signage deviations to commercial tracts within the PUD. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or No, the request does not require a determination that the change will result in a substantial deviation. As noted above, the request will not increase density/intensity, traffic generation, non-residential land uses, or decrease environmental areas. The request does not meet any of the criterion outlined in F.S. 380.06(19)(e)2. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13 No, the request is not a substantial modification to the PUD, and may be processed as a PD1 pursuant to the LDC and Administrative Code. 0 CONCLUSION: In summary, the proposed Insubstantial Change will allow site-specific signage modifications that do not increase allowable height, or decrease setbacks. The proposed deviations will allow for enhanced signage visibility for commercial components of the Lely Resort PUD, which is critical to the success of businesses. The proposed deviations allowing for alternative signage locations will enhance public safety along the main corridors that surround the Lely Resort by allowing the travelling public sufficient time to read commercial signage, thereby enhancing the effectiveness of the signage. This application will not negatively impact public health, safety or welfare, and the PUD will remain consistent with the LDC and Growth Management Plan (GMP). The following items are enclosed for your review: 1. A check in the amount of $2,025 for the application fees; 2. One (1) copy of the completed PDI Application; 3. One (1) copy of the Pre -Application Meeting notes; 4. One (1) copy of the Cover Letter/Project Narrative detailing the purpose of the request; 5. One (1) copy of the Current Master Plan & 1 reduced copy (8 %" x 11"); 6. One (1) copy of the Revised Section XV, Deviations from the LDC, of the PUD document in strikethrough/underline format with Exhibits XV -1, XV -2, XV -3; 7. One (1) copy of the Recorded Warranty Deeds; 8. One (1) copy of the Requested Deviations and Justifications; 9. One (1) copy of the Legal Description; Lely Signage — PDI-PL20160001163 Cover Letter Page 4 of 5 10. One (1) copy of the Affidavit of Authorization; • 11. One (1) copy of the approved Addressing Checklist; 12. One (1) copy of amended Title Page with Ordinance s; 13. One (1) copy of the Location Map (8.5"x11"); 14. One (1) copy of Sign Easement (OR. 4591 PG. 2868); and 15. One (1) copy of Existing Conditions Photographs. Should you require additional information or have any questions, please feel free to contact me directly at (239) 405-7777 or lindsay.rodri¢uezCdwaldrooeneineerine.com. Sincerely, (WALDROP ENGINEERING, P.A. V '/ Lindsay F. Rodriguez, MPA Project Planner Enclosures cc: Keith Gelder, Stock Development • • Lely Signage— PDI-PL20160001163 Cover Letter Page 5 of 5 JG LELY RESORT PUD AIENGINEEHING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 CURRENT PUD MASTER PLAN • tay fa fz -WR i c d "J� .e " Ge iyf2a:� e �e S I "e I poti ✓; , MIYI{ {I11 m e VG II CJ • rc"f M0 ? g� Rra liY ITC. ICII[{ e � e.. 11 " { iwwncY/AKf4[YLL ISA Y e{ w%Y'�Xc"4.XIwxXauro �r aC [p{M fAlEiL N.o " III II ,i rll it pa}W4 gXl{X M.S [X ll [4MC411C{EM qlJ ' Q uX[ rM 114Vee.U. M.s wYIeX CMI[CTM IOC4l {O.e � TpTLL 1CIf�f[Y4 ]NS.O N14unl {M 1014 fdq[YL q rt. 41l{p4 ' p(HIBIT H • Lely Resort PUDA-PL20140002040 Words stfaek-thmugp are deleted; Last Revised: June 12, 2015 Words uncifflipr9 are added 111 to r LIllil ENGINEERING • LELY RESORT PUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI -P L20160001163 REVISED SECTION XV, DEVIATIONS FROM LDC WITH EXHIBITS XV -1, XV -2 SECTION XV • DEVIATIONS FROM THE LDC In addition to deviations currently approved in the PUD, the following deviations are being added to the PUD: Deviation 8: Deviation from LDC Section 5.06.04 G.2.e, which requires off -premises signs to be 12 S.F. in area 8 -feet in height, and located no more than 1,000 feet from the building, structure, or use for which the sign is displayed to instead allow one (1)of-premises sign to be 120 S.F. in sign copy area 15 -feet in height and located approximately 1,500 feet away from the `C-2' tract located on the northwest corner of Triangle Blvd. and Celeste Drive as shown on Exhibit XV -1. • The proposed sign is located within the 0.9+/- acre outparcel and is described as "120 S.F., off - premises sign" on Exhibit XV -1 The off -premises sign will be limited to displaying one (1) 12 S.F. sign placard for the benefit of the entity located within the `C-2' tract at the northwest corner of Triangle Blvd. and Celeste Dr. as shown on Exhibit XV -1 and the remainder of the sign will be limited to displaying sign placards for the entities located within the `C-2' tract located at the northwest corner of Tamiami Trail East and Triangle Blvd. as shown on Exhibit XV -1. This deviation applies solely to the 2.32+/- acre tract designated as 'C-2' on the Revised Exhibit 'H', Master Land Use Plan and located at the northwest corner of Triangle Blvd. and Celeste Dr., and the 0.9+/- acre outparcel within the 8.28+/- acre tract designated as'C-2' on the Exhibit'H', Master Land Use Plan and located at the northwest corner of Tamiami Trail East and Triangle Blvd. Deviation 9: Deviation from LDC Section 5.06.04.F. L, which allows additional on -premises ground or pole signs separated by 1,000 feet to instead allow an additional sign to be located within 122' of the existing on -premises sign on the 0.9+/- acre outparcel as shown on Exhibit XV - 1. This deviation applies solely to the 0.9+/- acre outparcel within the 8.28+/- acre tract designated as `C-2' located at the northwest corner of Tamiami Trail East and Triangle Blvd. on Exhibit 'H', Master Land Use Plan. Deviation 10: Deviation from LDC Section 5.06.04.F.2.b., which limits outparcels to a single ground sign to instead allow the 0.9+/- acre outparcel to have two (2) signs as shown on Exhibit XV -1 This deviation applies solely to the 0.9+/- acre outparcel located within the 8.28+/- acre tract designated as `C-2' located at the northwest corner of Tamiami Trail East and Triangle Blvd. on Exhibit'H', Master Land Use Plan. • Words underlined are added; works StFUGk through are deleted. NOW UP MID-TURII ADO Deviation 8: Deviation from LDC Section 5.06.04 G.2.e, which requires off -premises signs to be 12 S.F. in area 8 -feet in height, and located no more than 1,000 feet from the building, structure, or use for which the sign is displayed to instead allow one (1)of-premises sign to be 120 S.F. in sign copy area 15 -feet in height and located approximately 1,500 feet away from the `C-2' tract located on the northwest corner of Triangle Blvd. and Celeste Drive as shown on Exhibit XV -1. • The proposed sign is located within the 0.9+/- acre outparcel and is described as "120 S.F., off - premises sign" on Exhibit XV -1 The off -premises sign will be limited to displaying one (1) 12 S.F. sign placard for the benefit of the entity located within the `C-2' tract at the northwest corner of Triangle Blvd. and Celeste Dr. as shown on Exhibit XV -1 and the remainder of the sign will be limited to displaying sign placards for the entities located within the `C-2' tract located at the northwest corner of Tamiami Trail East and Triangle Blvd. as shown on Exhibit XV -1. This deviation applies solely to the 2.32+/- acre tract designated as 'C-2' on the Revised Exhibit 'H', Master Land Use Plan and located at the northwest corner of Triangle Blvd. and Celeste Dr., and the 0.9+/- acre outparcel within the 8.28+/- acre tract designated as'C-2' on the Exhibit'H', Master Land Use Plan and located at the northwest corner of Tamiami Trail East and Triangle Blvd. Deviation 9: Deviation from LDC Section 5.06.04.F. L, which allows additional on -premises ground or pole signs separated by 1,000 feet to instead allow an additional sign to be located within 122' of the existing on -premises sign on the 0.9+/- acre outparcel as shown on Exhibit XV - 1. This deviation applies solely to the 0.9+/- acre outparcel within the 8.28+/- acre tract designated as `C-2' located at the northwest corner of Tamiami Trail East and Triangle Blvd. on Exhibit 'H', Master Land Use Plan. Deviation 10: Deviation from LDC Section 5.06.04.F.2.b., which limits outparcels to a single ground sign to instead allow the 0.9+/- acre outparcel to have two (2) signs as shown on Exhibit XV -1 This deviation applies solely to the 0.9+/- acre outparcel located within the 8.28+/- acre tract designated as `C-2' located at the northwest corner of Tamiami Trail East and Triangle Blvd. on Exhibit'H', Master Land Use Plan. • Words underlined are added; works StFUGk through are deleted. • • • Deviation 11: Deviation from LDC Section 5.06.04 F.3, which permits one (1) directory sin at the entrance on each public street for multiple -occupancy parcels, to instead allow one (1) directory sign on Collier Blvd. to be located where there is no entrance for the 'C-3' Tract located at the southwest corner of Collier Blvd. and Grand Lely Dr. as shown on Exhibit XV -2. This deviation applies solely to the 9 -acre tract designated as 'C-3' on Exhibit 'H', Master Land Use Plan, and located at the southwest corner of Collier Boulevard and Grand Lel DY rive. Words underlined are added; works rAFaGk thFough are deleted. 0 MSnNG SIDEWF P LELY SIGNAGE PDI PREPARED FOR: 34 50 26 STOCK DEVELOPMENT I . . ...1.. w"Y° rvs rum �mvw�Eo�mmy LELY RESORT PUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) • PDI-PL20160001163 RECORDED WARRANTY DEED • 0 .F Please return to: Goodlette, Coleman & Johnson, P.A. • 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 • • Parcel ID No. 55425001008 v Parcel ID No. 25910000502 Parcel ID No. 25910000751 3749731 OR: 3947 PG: 0447 13COUID in OFFICIAL RRCORDS of COLLIRR COW, FL 12/13/2005 at 02:41PR DRIOBT R. BROCK, CL111 CORS 5025000.00 RRC FRR 44.00 DOC -.10 35115.00 Rett GMUM COLM 11 IL 4001 TAKIRilI TR R #300 RRPLRS FL 34103 WARRANTY DEED THIS WARRANTY DEED, made on the a day of December, 2005, between Associated Real Estate Southwest, Inc. a Florida corporation, whose post office address is 8825 East Tamiami Trail, Naples, Florida 34113 (referred to herein as "Grantor"), and Stock Development, LLC, a Florida limited liability company, whose post office address is 4501 Tamiami Trail North, Suite 300, Naples, Florida 34103 (hereafter referred to as "Grantee*). (Where used herein the terms Grantor and Grantee shall be construed as singujacer ktrat.as the context requires.) WITNESSETH that the DOLLARS ($10.00)and other the receipt whereof is hereby and Grantee's heirs and assi n County of Collier, State of F ri See Exhibit "A" Subject to those t incorporated herein Viand in — n of the sum of TEN AND 00/100 valuable consid Grantor in hand paid by Grantee, Igedthas granted, at ed and sold to the said Grantee ;fie fD cd la , situate, lying and being in the set forth �o ("Property"). attached hereto and TOGETHER with all thehereditam appurtenances thereto belonging or In anywise appertaining. CC AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sail and Canvey this land; that the Grantor hereby fully warrants the title to the land and will defend the same against the lawful claims of all persons whomsoever. [SIGNATURES APPEAR ON FOLLOWING PAGES] Warranty Deed -1- OR: 3941 PG: 0448 IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seal the day and year first above written. Signed, sealed, and delivered Grantor: in ce of Associated Real Estate Southwest, Inc., a Witness Florida corporation, Pdnt te: s 7 P d By: Wit s Margdet De Lange, resident Print Name: STATE OF FLORIDA COUNTY OF COLLIER BR COd The foregoing instrumeM is day of December, 2005, by Margriet De Lange, as Pr of Associated R Southwest, Inc., who vt- personally known to me or � h R. old as identification, and who did nqf talte a taen�rV • ryyiypdecatd aeII baw�e Nenwn 'nt : tmi ton res M1 FOIE CIRC PREPARED BY: Craig D. Grider, Esq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 Wen uWDeed Peae 2 OR: 3947 PG: 0449 r-1 L-A EXHIBIT "A" LEGAL DESCRIPTION Tract 4, LELY RESORT PHASE ONE, according to the plat thereof recorded in Plat Book 16, Pages 87 through 99, of the Public Records of Collier County, Florida. Tract 1 R and Tract R2, CELESTE DRIVE REPLAT, according to the plat thereof recorded in Plat Book 22, Pages 9 and 10, of the Public Records of Collier County, Florida. X.-,-fiR COQ�� 0 0 Y OR: 3947 PG: 0450 EXHIBIT "B" TITLE EXCEPTIONS 9 1 Easement granted to Florida Power & Light Company, recorded in Official Records Book 34, Page 91, of the Public Records of Collier County, Florida. Ordinances 75-20 (water), 75-21 (trees) and 75-24 (zoning) as recorded in Official 2 Records Book 619, pages 1177 through 1381, Public Records of Collier County, Florida. 3 Declaration of Restrictions recorded November 25, 1987 in Official Records Book 1311, Pages 1695 through 1703, Public Records of Collier County, Florida. Terms, covenants, conditions, restrictions, easements, assessments and possible liens created by and set forth in the Declaration of General Covenants, Conditions and Restrictions for Ley Resort recorded March 16, 1990 in Official Records Book 1513, Page 835 and Amendments thereto' not limited to those recorded in 4 Official Records Book 1906, P i cards Book 3405, Page 894, Public Records of Collier C a, covenants or restrictions, if any, based upon race, qty gion, sex, sexual o that n, familial status, marital status, diwbWd y, Nandi p, 'gin, ancestry, o ur of income, as set forth in applicable state or f der I x ant t "d covenant or restriction is permitted by appl' ble Restrictions, conditio s, a e me is contained on the • 5 Plat of LELY RESOR in 6, Pages 87 through 99, Public Records r nty, lorida. C� Subject property has boundaries of Le Development District as evidenced by instrume in Official Reed 1586, Page 530, Official 6 Records Book 2523, Page I R 2611, Page 2125, Public Records of Collier County, F levying of Special Assessments thereof. 7 Easement granted to Florida Power & Light Company, recorded in Official Records Book 1605, Page 1558, of the Public Records of Collier County, Florida. Special Assessment for Public Improvement, passed and adopted by the Board of 8 Supervisors of Lely Community Development District and recorded in Official Records Book 1699, Page 1721, Public Records of Collier County, Florida. 9 Notice of Modification of Adopted Development Order recorded in Official Records Book 1838, Page 2074, of the Public Records of Collier County, Florida. Restrictions, conditions, reservations, easements and other matters contained on the 10 Plat of CELESTE DRIVE REPLAT, as recorded in Plat Book 22, Pages 9 and 10, Public Records of Collier County, Florida. 11 Collier County Ordinance 92-15 recorded in Official Records Book 1909, at Page 1296, of the Public Records of Collier County, Florida. • 12 Special Assessment for Public Improvement, passed and adopted by the Board of 0 **' OR: 3947 PG: 0451 *** Supervisors of Ley Community Development District and recorded in Official Records Book 1977, Page 661, of the Public Records of Collier County, Florida. Utility Facilities Warranty Deed in favor of the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex -Officio the 13 Governing Board of the Collier County Water -Sewer District recorded in Official Records Book 1991, Page 2286, and Bill of Sale recorded in Official Records Book 1991, Page 2282, of the Public Records of Collier County, Florida. Resolution No. 9641, pertaining to Solid Waste District Number 1 Municipal Service 14 Area, recorded in Official Records Book 2216, Page 925, of the Public Records of Collier County, Florida. 15 Terms, covenants, conditions and other matters contained in the Agreement between Lely Development Corporation, a Texas corporation, and Stock Development, LLC, a Florida limited liability company, as evidenced by Memorandum of Agreement recorded July 10, 2003, in Official Records Book 3337, Page 2624, of the Public Records of Collier County, Flodda. NOTE: All of the • Collier County, Fl 0 ads of same. WARRANTY DEED THIS WARRANTY DEED, made the 1Z day of Afi[IL , 2002, by Commercial Properties Southwest, Inc., a Florida corporation. Commercial Properties Southwest, Inc., a Florida corporation, as successor by merger to Resort Development of Collier County, Inc., a Florida corporation, Lely Development Corporation. a Texas corporation, and Associated Real Estate Southwest, bra., a Florida corporation, whose post office address is 8823 Tomiami Trail Fast, Naples. Florida 34113. (singularly or collectively "Grantor"). to Stock Development. LLC, a Florida limited liability company, whose post office address is 8946 Mustang Island Circle, Naples, Plaids 34113 (singularly or collectively "Grantee"): (Whenever used herein. the temp "Orant0eand "Grantee" include all parties to this instrument and the heirs. legal representatives and assigns of individuals.. and the successors and assigns of corporations) WITNESSETH: That the Grantor, forandin Cdntidrwion afohesum of Ten Dollars IS 10.00)and ahervaimblecrosidentions.receiptofwhichia acknowledged.henbygmntabargains.sells,aliens, remises, releases, conveys and confirms unto tUe lee, all that Conlin land situated in Collier County, Florida, viz: -- property l�� y �r li /ti rn real n more 'bit "A." �allibit "B:' Exhibit "C," Exhibit "D." Exhibit "E:' Exhibit "FI' Exhibit "O." ISN:' and Exhibit 1" attached hereto, which Exhibits are incorporated herein by se/armee. TOGETHER with all the tenememsAlpediaments and appurtenances thereto belonging or in anywise appertaining. TT. l TO HAVE AND TO HOLD. the tame in lea simple forever. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of mid land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grams r hereby fully warrants the title to mid land and will defend the same against the lawful claims of all persons whomsoever; and that laid land is free of all encumbrances, except taxes for the current and subsequent yeah, zoningand use restrictions impaedbygovernmental authority, restrictionsandesse ants cannon to the subdivision, outstanding oil, gar and mineral interests of record, if any, and those items set forth on attached Exhibit "A -I." which is incorporated herein by reference. As to Grantor Commercial Properties Southwest. Inc.. the conveyance, covenants, and warranties stated herein are limited to and shall Only apply to the real property described in attached Exhibit "A:' Exhibit "C." and Exhibit "D" As to Grantor Lely Development Corporation, the conveyance, covenants, and warranties stated herein are limited to and shall Only apply to the real property described in attached Exhibit "B-' and Exhibit "H " As to Grantor Associated Real Estate Southwest, Lac., the conveyance, covenants, and warranties stated herein are limited to and shill Only apply to the real property described in attached Exhibit "D" Exhibit "B" Exhibit "F" Exhibit "G,' Exhibit "H:' and Exhibit 'T" 2969115 OR: 3022 PG: 2088 ' ucaw is o"Im umW of muni mm, n 1112112141 at 67:31M MCR 1. Ileo, Cul This inurvaere wn MVarM coo IMM1.11 widen review or opinion a aik by arc 111 11.31 . Jahn M. pumdamo lot -.11 140111.111 Chaffy Passi&w Wilm& IdtnmIL . P tau: 121 Fifth Avenue South O101nff1 mLYu R u Naples. Florida 34102 1111 fill= full XM #314 (940361.930) MLIS IL 21113 WARRANTY DEED THIS WARRANTY DEED, made the 1Z day of Afi[IL , 2002, by Commercial Properties Southwest, Inc., a Florida corporation. Commercial Properties Southwest, Inc., a Florida corporation, as successor by merger to Resort Development of Collier County, Inc., a Florida corporation, Lely Development Corporation. a Texas corporation, and Associated Real Estate Southwest, bra., a Florida corporation, whose post office address is 8823 Tomiami Trail Fast, Naples. Florida 34113. (singularly or collectively "Grantor"). to Stock Development. LLC, a Florida limited liability company, whose post office address is 8946 Mustang Island Circle, Naples, Plaids 34113 (singularly or collectively "Grantee"): (Whenever used herein. the temp "Orant0eand "Grantee" include all parties to this instrument and the heirs. legal representatives and assigns of individuals.. and the successors and assigns of corporations) WITNESSETH: That the Grantor, forandin Cdntidrwion afohesum of Ten Dollars IS 10.00)and ahervaimblecrosidentions.receiptofwhichia acknowledged.henbygmntabargains.sells,aliens, remises, releases, conveys and confirms unto tUe lee, all that Conlin land situated in Collier County, Florida, viz: -- property l�� y �r li /ti rn real n more 'bit "A." �allibit "B:' Exhibit "C," Exhibit "D." Exhibit "E:' Exhibit "FI' Exhibit "O." ISN:' and Exhibit 1" attached hereto, which Exhibits are incorporated herein by se/armee. TOGETHER with all the tenememsAlpediaments and appurtenances thereto belonging or in anywise appertaining. TT. l TO HAVE AND TO HOLD. the tame in lea simple forever. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of mid land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grams r hereby fully warrants the title to mid land and will defend the same against the lawful claims of all persons whomsoever; and that laid land is free of all encumbrances, except taxes for the current and subsequent yeah, zoningand use restrictions impaedbygovernmental authority, restrictionsandesse ants cannon to the subdivision, outstanding oil, gar and mineral interests of record, if any, and those items set forth on attached Exhibit "A -I." which is incorporated herein by reference. As to Grantor Commercial Properties Southwest. Inc.. the conveyance, covenants, and warranties stated herein are limited to and shall Only apply to the real property described in attached Exhibit "A:' Exhibit "C." and Exhibit "D" As to Grantor Lely Development Corporation, the conveyance, covenants, and warranties stated herein are limited to and shall Only apply to the real property described in attached Exhibit "B-' and Exhibit "H " As to Grantor Associated Real Estate Southwest, Lac., the conveyance, covenants, and warranties stated herein are limited to and shill Only apply to the real property described in attached Exhibit "D" Exhibit "B" Exhibit "F" Exhibit "G,' Exhibit "H:' and Exhibit 'T" OR: 3022 PG: 2089 • WARRANTY DEED PAGE 2 hq. I. D. 4:76n700W43 Qd 271. 76tt3000961 Du 26I. 7677M245 (to MI: 16"301,1261 tLa )ol: %"m1mnd603. 76nnM01643(WN) 16"3001 n6I1a s2); 76n5001162twM 16n30016K (1a 66Y. 11n100190I 11x1111: 76n300191a(u13). 7617506196411c117k 76n3001960nd161. 76n300f361(W%): 16n300t66011n 1011: 76n30UtGb(W 1061: SM2300)253(T" It)'. SM40MMI u63s610009106(T3 13x): SSNOO z(im IWt. 55441,010739 (n6a 13D). 00639120001.009)6110001.00431920006.66600646MW2 (1rst160.17. 436 44491 Mews In 61^x. LD. 0, mad" This conveyance is subject 10 those covenants, conditions, restrictions, and reservations set forth on attached Exhibit "A•1" which is incorporated herein by reference. GRANTEE. BY ACCEPTANCEOFTHIS WARRANTY DEED, ACKNOWLEDGES THAT THE PROPERTY CONVEYED IS LOCATED WITHIN THE LELY COMMUNITY DEVELOPMENT DISTRICT, THAT THE LELYCOMMUNTTY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THE PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION. OPERATION. AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT, AND ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW. GRANTER AGREES THAT IT SHALL PAY ALL SUCH ASSESSMENTS DUE AFTER THE DATE OF RECORDATION HEREOF, TOGETHER WITH INTEREST THEREUPON. IF ANY. , i IN Wmess WHEREOF. Grafi lyt signedpld settled these presents the day and year Tim above written. • Signed, Sealed and Delivered as �(,�toEachGratorinthePresenceof: Co Commercial Properties Southwest. Inc.. a Florida corporation, as successor by merger to Resor Development of Collier County, Inc., a Florida corporation Bnn By'; WioneK Name: �E L ; `• Marg96 de Lange. Preside WitneK Nam:. State of Florida ) K: County of Collier ) ,( The foregoing instrument was acknowledged before me this day ofAj fl. 2082, by Margrict de Lange, President of Cormlemial Properties Southwest, Inc., a Florida Corporation, who isperaalallyknowntomeorwhohuproduced � ,asideluificatim. NUFARY PU13UC wid"mdtOeBEv Name: wodaatsa11aa9t6or¢ • DdRaIIad1.»1 0°"a'^"'6��1 (Type m Print) My Commission Expires: WARRAKIN DEED PAGE Wdll,' ✓..II. Mar, .'i ulf7>�t�Li1Pl MEN - State of Florida , as: County of Collier ) The foregoing instrument was acknowledged 2002, by Joseph Ryan, President of Lely Devel TFM known to arc or who has produced -'y sL- ' OR: 3022 PG: 2090 Lely Development Corporation, a Texas corporation Ry; a� oseph Ryan, & nt duion Expires: petwaally 0 • 0 • WARRANTY DEED PAGE 4 Witness Name: State of Florida ) ss: County of Collier ) OR: 3022 PG: 1091 Associated Real Estate Southwest, Ioc., a Florida corporation. By: Morgri t de Lange. President / The foregoing instrument was acknowledged before me this day of rMGV?Irdv-L pge, President of Associated Real Estate SouthwSsU*.,aF VjY UB" p LIC RUM .YOtDOM (Type or Print) wolawew#ms My Commission Expires: F:lwpdocMMIE.LYDEVICDD S&k ClWn Dosvme %.snmtyhN2.wpd •j V�� Ttr£ CI MUSTANG ISLAND FOLIO NUMBERS OR: 3022 PG: 2092 600/000025 Thw It 6060600041 Lot 1 60648000067 Lot 2 606980000/3 Lal 3 60699000106 tot 4 6069.000122 Lot 5 60696000143 LAI 6 606"0801" to t 7 • 60699000100 Lai 9 60699000203 LAI 9 60698000229 Lo110 606"0001243 to It 60699000261 tat 12 60MM000297 Lal 13 60698000.100 Let 14 606910003A Lal 13 60699006361 lot 17 60691000394 Lal 19 60699000107 La 19 6069901NN23 La120 4069100040 tot 21 60691000663 Lot 22 60698000&81 LA123 60696006501 LAI 24 600/000320 Lai 25 GOMM* Lot 25 60696000562 LAI 27 6069tlMU Lot 21 606991100601 Lot 29 60691000627 LA130 60691000643 Lot 31 6069/00060 Lo132 60698000615 Lot 13 6069/00701 LA 34 6069/000724 Lat 33 40690000740 Lim 36 60691006766 Lo137 60699000712 L4438 6069900080 to139 60691000121 Lal40 6064!000947 LAO 41 60691000963 La142 606910008" Lot 43 60691006102 LA 44 60608000M Lot 45 40699000944 (x146 606"000960 lot 47 60696000W6 Lot 41 60699001001 Lot 49 60699001024 La130 600=1040 La151 60609001066 Lal S2 600001092 1x113 60691001103 Lot 34 ,._ _._._. _ 6069 1121 Lal SS 6069/001147 Lal 56 ti0641001163 Lal 37 606991101114 La" MIAMI= LAIN , f� r 40691001244 tat 61 4069106*-.: i�162 6069900196 ._'. Lot 63 6069/01304 Lat 64 6069/001321 to 65 606400134,1` t of bb 6069900136?" , 1� 67 60641001313 La161 t' 600MI406 LAO 6061001422 LAM 7�Q ^ `' 6001001"1 Lot ,1 6069/00144 Lot 72 6069960!410 LAI 73 6019101j�3/ X 74 S r i4tat7$ 60691001543 LAM 76 1069900116} Lm 778 60101 ,711 _ r A° € ajtl R 1 60691061626 1x1111 • 60691061612 LAI III �s L40 92 6 D016� � L 3 GUMBO= to 84 60698001723 LAM 11 4` LAR 16 4ot 6Q1 h 606"001711 tat 1• 6069"IMN La 99 60641001 ( 0 40699000 ; r� Lot 91 606"oolm Lot 93 6069106690, L U 6069100,927 '-Jf�9 M 1 13 LAI 96 6069/00190 Lo497 6001002M La 94 60691002023 Lot 100 60699002049 LAR 101 60641062063 LAI 102 6069/002091 La 103 600/002104 Ial104 60641002120 Lot 105 6•"0100214 to l06 6060MI62 La1107 6001002111 Lat to 60691002201 tat 109 60641002227 tat 110 6069/002143 IAM Ill 60[99002269 tot 112 60699002213 toe 113 606910022301 Lot 114 6060002324 Lot 115 606410"340 Lot 116 600/002366 tat 117 606469/2312 Lal I IS 60641082101 to 119 60691002421 La1120 600/002467 IAA 12l 60698002463 LAX 122 606910024ff la1123 60691002302 Lag 124 60691002521 LAI 125 60696002544 Lot 126 60690001360 Lai 127 60698002396 LAI 128 60699002609 LAI 129 60691002623 LAM 130 60641002"1 Lai 131 60691002667 LAO 132 60090026/3 Lot 133 60641002M LAx 134 6069/000722 LAR 135 60690002741 Lot 136 600/002764 Lot 137 60699002769 LAM 131 6oMo2tNl3 Lal 134 60641002929 Lot 140 40698002843 Lal 141 60699002961 Lal 142 6064800287 Lot 143 40691082900 La1144 60698002926 LAR 143 40641002942 La1146 • 60649002961 Lot 147 606410029" to 149 60691003006 LAM 149 pti�/owIRE1t�L,YDe%vw sdtwlcdts Do�welw166wt ill.falio oos wpd OR: 3022 PG: 2093 • M1111 .A -r. Gramm hereby declares and Grant" agrees for itself, its successors and assigns, that title to the Property is subject to the following covenants. conditions, restrictions. reservations, and conditions subsequent which shall run with the Property and shall be binding upon all panics having any right. title or interest in and to the Property, or any portion thereof, their successors and assigns, and shall inure to the benefit of Grantor, its successors and assigns. The title to the Property conveyed under this deet( is conveyed sabjecto,and shall be held.sold and subsequently conveyed subject to,the followingcovenant:,condition. restrictions, reservations, and conditions subsequent. LI -.4 I Lill Nom \IJ vmlo p • I 16jim 1.1. Assimment of Dwelling Units: In accordance with Section 11 of the Lely Resort Community PUD. as recorded in Official Records Book ".Page 1296, of the Public Records of Collier Courtly. Florida (the "PUD-). Grantor, as developer under the PUD, hereby assigns the following number of dwelling units to the respective Parcels of the Property (except as otherwise designated in this Article 1. development of single or multi -family units on the Property shall be governed by the PUD): a. Exhibit "A" Property - Is hereby assigned, and shall contain no more than. One (1) residential unit upon each lot described in Exhibit "A." b. Exhibit "B" Pmpan)�- Is hereby assigned, and t l uealain no more than. One Hundred Forty-six (146) residential udwa -- • c. Exhibit "C" Property - Is hercbya f'Ngited One Hundred Thousand (1 W.OW ) square fat of commercial wie pe Imil in the 3lzoning district. d. Exhibit "D" r I - 4 hemby igned Four HundrDl residential units. C. Exhibit "E" residential units. f. Exhibit TMthdmd (200) residential units. g. Exhibit "G" Property - Is hereby issigneil Tato Hundred Forty -nim 1249) residential units. h. Exhibit "H" Property -Is hereby assigned Eight Hundred Eighty -nim 1889) residential units. i. Exhibit "I" Property - Is hereby assigned One Hundred Fifty-eight (138) residential units. 1.2. Modification: These covenants spay not be modified, and the number of residential units assigned to each individual parcel of the Property under Paragraph I.I hereof shall not be exceeded. without the written consent of Grantor, its successor andlor assigns. 1.3. Severability: If any provision hereof is held to be invalid in whole a in pan by any coup of competent jurisdiction, then such holdings shall in no way affect the validity of the retraining provisions, all of which shall remain in full force and effect. 1.4. jig: Unless terminated earlier by recorded instrument executed by Grantor and Grunts (or their respective successors or assigns), the restrictions slated herein shall retrain in full force and effect for a • period ofTwenty (20) years aflerthedam that this Deed ismorded in the Public Records fur Collier County, OR; 3022 PG; 2094 Florida, and thereafter Grantee's title shall automuically be relieved, released, and discharged from their effect. Witnesses: Accepted by &antec: Stock Develop me t. LL.C, a Florida limited lisbility company By: Brian Shock, its nunaging number P \pymcraeaPlYnew W we wlas naVawNpaMk11W • C --a . ..pt 0 • 0 EXHIBIT A OR: 3022 PG: 2095 • Lota 22, 26, 38, 39, 60, 58, 62, 65, 66, 71, 72, 73, 7e, 96, 101 and 108, TIGER ISLAND ESTATES, according to the plat thereof a• recorded In Plat Book 19, Pages 87 through 92 of the Public Records of Collier County, Florida. • • EXHIBIT "B" LANDS OR: 3022 PG: 2096 All of MUSTANG ISLAND according to the plat thereof as recorded in Plat • Book 37, Pages 37 through 40, of the Public Records of Collier County, Florida. LESS AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED LANDS: Lots 16, 93 and 9E of MUSTANG ISLAND according to the plat thereof an recorded in Plat Book 37, Pages 77 through 40, of the Public Records of Collier County, Florida. • 0 EXHIBIT "C" OR: 3022 PG: 2091 • BEING TRACT 12, LELY RESORT PHASE OHS, ACCORDING TO THE PWT THEREOF AS RECORDED IN PWT BOOK 16, PAGES 87 THROUGH 99, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. • EXHIBIT -D. OR: 3021 PG: 2098 BEING TRACT 17B, LELY RESORT PHASE ELEVEN, ACCORDING TO THE PWT • THEREOF AS RECORDED IN PWT BOOK 23, PAORS 52 THROWN SS, OF TUN PUBLIC RECORDS OF COLLIER COUNM FLORIDA, EXHIBIT •1:" OR: 3022 PG: 2099 LEGAL DESCRIPTION OF PART OP TRACT 33C LILY RESORT PHASE ELEVEN, PWT BOOK 23. PAGES 52 THROUGH SS, • COLLIER COUNTY, FLORIDA ALL THAT PART Of TRACT IJC, LILY RESORT PHASE ELEVEN. PWT BOOK 23, PAGES 52 THROWN 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1'9ge I ul'_ • COMIENCING AT THE SOUTHERLYMST CORNER OF SAID TRACT IJC: THENCE ALONG THE BOUNDARY OF SAID TRACT 13C IN THE FOLLOWING THREE DESCRIBED COURSPS: I) NORTH 15'52.00• EAST 132.01 FEET, 21 NORTH 11'31'00• WEST 101.91 MET, 31 NORTH 19'36.00' EAST 597.95 FEET TO THE POINT OF BECINNtNG1 THENCE CONTINUE ALONG THE BOUNDARY OF SAID TRACT IJC IN THE FOLLOWING TWELVE DESCRIBED COURSRS: 1) NORTH 19936'00' EAST 11.02 FEET: 2) NORTH 02'33'00• EAST 316.00 RET: 3) NORTH 13'29'00• WEST 300.00 MET, 11 NORTH 61'31'00' EAST 95.00 RET, 5) SOUTH 21'00'00' EAST 150.00 RET, 6) SOUTH 00'31'00' EAST 150.00 FILM 71 NORTH 56'30'00• EAST 110.00 RCT, BI NORTH 29'09'00• WEST 70.00 RET, 91 NORTH 12'70'30• EAST 195.00 10) NORTH 60'39'00" EAST 90 01, 11) NORTH 25'IS'00' WEST00 FLET, i 12) NORTH 27'27.00• FAST 1)0,00 RET TO THE HOIRH6ARY, OF 7NE PLAT We CHASE PRESERVE OF LELY B68QE7 PHASE ONE, PLAF1900 23, PAGES 96 THROUGH 99, OF THI.FUBLIC RECORDSOfCOL ER , FLORIDA; THENCE MONO SAID BOUNDARY IN THE FOLLOWING,. EC11 BID • COURSES: 11 SOUTH 83'52'21' EAST 98.60 FEET, 21 NORTHERLY T.6S FEET,XLONG THE ARC OF A NoN.TAI14 CIRCULAR CURVE CONC"ll :EASTERLY HIVING A RADIUS OF ik. 0 RET THROUGH A CENTRAMYUNGLE OF 00 56-27- BE, Nd .9U TENDED BY A WHICH BFJIRSIAL LX 06'35'17• FASTUIT FTI612 ONORD 11 ALONG A NON-TANGDNTRAC LINE SOUTH T 121.00 RET TO THE BOUNDARY OF SAID TRACT JJC SAID WIRIDARY IR INT THE BOUNDARY RIY PLA RIGHT-OF-WAY LINT CELESTE M1,( ANO TO SAID SAID PLAT OF CELT RESORT F AS LINE III 3` - -WAY THENCE ALONG SAID RIGHT-OF-WAY i[NR SM--fOLLOM3N0 ![VE DESCIUSBCD COURSI9: 1) SOUTHERLY 26.77 FORT ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF 142.00 RET THROWN A CENTRAL ANGLE OF 09'09.00' AND BEING SUBTENDED BY A-CHOAD WHICH BEARS SOUTH 09'59.30' WEST 29.77 FEET, 21 SOUTH 02'55'00' WEST 766.39 RET, 31 SOUTHERLY 597.77 FEET ALONG THE ABC OP A CIRCULAR CURVE CONCAVE WESTERLY HAVING A RADIUS Or 959.00 FEET THROUGH A CENTRAL ANGLE OF 32'95'39' AND BEING SUBTENDED BY A CHAD WHICH BEARS SOUTH 19'17.50• WEST 510.31 RET, 11 SOUTH 75'90'39• WEST 107,29 RET, SI SOUTHWESTERLY 221.71 "IT ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 792,00 PRET THROUWI 1'9ge I ul'_ • 1:A1111111 "1: U'A1U'.1111`21 OR: 3022 PG: 2100 A CENTRAL ANGLE OF 17'07'12' AND BRING SUBTENDED BY A CHORD WHICH BEARS 30UTH 27007.03' WEST 220.69 FEETI • - THENCE LRAVING SAID RIONT-OF-WAY LINE ALONG A NON-TANORMIAL LINE NORTH 73039'10" NEST 230.95 FEET TO THE POINT OF BEGINNiNGJ iUBJECT TO EASiNRNTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE MIST LINE OF SAID TRACT 13C iEING NORTH WS2'00" EAST. r i � ee 4� "yYJi x 4 • .k� f J t (, r wIan 0 EXHIBIT "F" OR: 3021 PG: 2101 • BEING TRACT 13D, LELY RESORT, PHASE ELEVEN, ACCORDINO TO THE PUT THEREOF AS RECORDED IN PLAT BOON 27, PAGES 52 THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNFY, FLORIDA. EXHIBIT 'G' (TRACT 60) OR: 3022 PG: 2102 A PORTION OF SECTION 28, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWESTERLY MOST CORNER OF WILDFLOWER NAY, LKLY RESORT PNmL RIGHT, AS RECORDED IN PUT BOOK 21, PAGES 11 A 34 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S. 83'10'01• R., ALOMO THE SOUTHERLY RIGHT.OF. WAY LINE OF SAID WILDFI,OIER WAY, A DISTANCE OF 778.07 FEET; THENCE DEPARTING FROM THE SOUTHERLY RIGHT -OF -MAT OF SAID WILDFLOWER AMY, S. 26'50'00• W., A DISTANCE OF 310.06 FEET TO A POINT OF CURVAYUKF; THENCE SOUTHERLY, 221.36 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 600.00 FLIT, THROUGH A CENTRAL ANGLE OF 31'61']6• AND BEING SUSTENDED BY A CHORD WHICH BEARS S. 08'59'17' W., 218.61 FEET TO A POINT OF REVERSE CURVATURE; THOICR SOUTHERLY, 266.07 FLIT AIONO THE AMC OF A CIRCULAR CURVE, CONCAVE WESTERLY, "VIM A RADIUS OF 600.00 FEET, THROUGH A CENTRAL RALE OF 30'06'11• AND BEING SUBTENDED BY A CHORD WHICH BANS S. 11'11'56' W., 261.20 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHWESTERLY, 109.50 FEET MONO THE ABC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, RAVING A RADIUS OF 188.00 FEET. THROUGH A CENTRAL ANGLE Of 73'71'17' AND SEIKO SUBTENDED BY A CHORD WHICH BLAS S. 17'56'15' M., 107.95 FEET TO A POINT OF TANGENCY; THENCE S. 66'J7'37' W., A DISTANCE OF 296.15 FEET W A POINT OF CUKVATUUB; THENCE NORTHWESTERLY, 167-41 FRET BIOM THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 06.00 FEET, THROUGH A CENTRAL ANOLE OF 109'16'11' AND BEING SUBTENDID BY A CHORD WHICH BENTS N. 60'66'73' It., 161.52 FEET TO A POINT OF TANGENCY; THENCE N. 06'06'17' W., A DISTANCE OF 217.66 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY, 90.06 FEET. ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 62.00 FEET. THROUGH A CENTRAL ANGLE OF 03'13'63' AND BEING SURTENDID BY. 6 CHORD WHICH SEARS N. 67'43.08' W., 12.15 FEET TO A POINT OF TIVAENCY; THENCZ M. 09'70.00' W., A.DISTANCE OF 192.96 PRET TO A POINT THE EASTERLY RIGHT-OF'WAY LINT or LILY NIGH BOULEVARD. LELY RESORT PHASE SEVEN, AS RECORDED IN PLAT BOOK -19; iAOES 30 ,THROUGH 12 OF THE PUBLIC RECORDS OF AFORESAID COLLIER COIA?Y:-F1gRIO1. THI'SAMI BEGIN A POINT ON A NON - 190 CURVE; THENCE PUNT THE411C"F 90 THREE I11 COURSES AND DISTANCES ALONG THE EASTERLY R[ONT-0I-WAY,SAID LELY H1GN BOVL6VARD; COURSE NO. I: NORTHERLY, 195.00 FEET ALONG A CIRCULAR CURVE, CONCAVE WESTERLY. HAVING A RADIUS OF 110.00 RET.', RAL ANGLO Or ljC�I'11' AND BEING SUBTENDED BY A CHORD WHICH SEARSS,. 192.{1*-N3AT:.,TO A POINT OF TANGENCY; COURSE MO.2: N. 07'11100' E., 190.50 FEET TO A POI* OF CURVATURE; COURSE NO. I: NORTHEASTERLY, 62.02 FEET ARANO THE ABC OF A CIRCULAR CURVET CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 25.00 FEET, THROWN A CENTRAL ANGLE OF 96'10'66' AND BEING FURTENDRD BY JI CHORD WHICH BEARS H. 31'70'73• E., 17.25 FEET TO A NON-TANGENTIAL LILAC, TIIE SAME BRING A POINT ON THE SOUTHERLY RIGHT. OF -MAY LINE OF AFORESAID WILDFIAWER-WAY, THENCE S. 81:00.09' E., AIAM THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID WILDFLOWER WAY;A DISTANCE OF 70.66 FEET TO THE POINT OF BEGINNING. 171 • LICH101T 11- 11'aya 1 VI 41 p4v 1"14 0 (INCLUDES PART OF TRACT 43, ALL OF TRACT 44, TRACT 4S, TRACT 46 AND TRACT 47) A PORTION OF SECTIONS 28 6 11, TOWNSHIP 51 SOUTH. RANGE 26 BUT. COLLIER • COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 51 SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA. THE SAME BEING A MINT ON TIE EASTERLY BOUNDARY LINE Of NAPLES MANOR ARES, ACCORDING TO THE PUT THEREOF RECORDED IN PIAT BOOR 1 AT PAGES 46 THROUGH 87 (INCLUSIVEI OF THE PUBLIC RECORDS Or SAID COLLIER COUNTY, FLORIDA; THENCE N. 02'67'55' E., ALONG THE EASTERLY BOUNDARY LINE, OF SAID PUT OF NAPLES MANOR LURE AND ALONG THE WEST LINE OF SAID SECTION 26. A DISTANCE OF 1,226.16 PEST; THENCE DEPARTING FROM UST SAID LINES. S. 87-12-05- R., A DISTANCE OF 969.86 MET, THENCE H. 0247 40• E., A DISTANCE OF 1,102.00 MET, THENCE N. 38'67.68' W.. A DISTANCE OF 165.86 FEET TO A POINT ON THE SOTTHPASTERLY RIGHT -OP -WAY LINE Or LELY HIGH BOULEVARD, LBLY RESORT PHASE SEVEN, ACCORDING TO THE PUT THEREOF RECORDED IN PUT BOON 21. PAGES .30 THROUGH 12 (INCLUSIVE) Or THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE N. 69'43'00' F.,, ALONG THE SOUTHEASTERLY RIGHT -OF -MAY LINE OF SAID LELY HIGH BOULEVARD. A DISTANCE OF 1,179.77 PEET, THRNCE DBPARTIRO FROM THE SOUTHEASTERLY RIGHT -OF -MAY LINE OF SAID LELY HIGH BOULEVARD, S. 60'17.00• E.. A DISTANCE OF 169.04 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY, 217.62 FEET ALONG THE ARC OF A CIRCUWI CURVE, CONCAVR WESTERLY, HAVING A RADIUS OF 117.00 RET, THROUGH A CENTRAL ANGLE OF 116'16'06• AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 17'51. 01' W., 198.11 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY, 55.51 PEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 62.00 PEET, THROUGH A CENTRAL ANGLE OF 51'll'41- AND BEING SUSTEMORD BY A CHORD WHICH NEARS S. 50'20'15• W., $1.67 FEET TO A POINT OF TANGENCY;-Tt1ENCE S. 26'61.25' W., A DISTANCE OF 265.26 FEET TO A POINT OF CURVATURE; TNHRINICE SOUTHERLY. 167.80 PUT ALONG THE ARC OF A CIRCULAR CURVE. CONCAVUBABTBRLY, HAVING A RADTUS,OF 212.00 FEET, THROUGH A CENTRAL ANGLE OF 45'20'51 -AND BEING. SUBTENDED BY A CHORD WHICH BEARS S. 02'00'Sl• W., 161.65 0EETT9 A -POINT OF TANGENCY; THENCE S. 20'39'71• E., A DISTANCE OF 75.54 ►IRT TO A P011a OP CURVATURE, THENCE SOUTHERLY, 266.02 PEET ALONG THE ARC OF A CIRCIhAR-CUR AVE WESTERLY,;, RAVING A RADIUS OF 200.00 • FEET, THROUGH A CENTRAL AMPLE 'dl' AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 17'26'-14", 1�„ 6 B6 MET TO A POINT OF TANGENCY) THENCE S. 55']1'00• W., A DISjARCO��0�� 7 T TO A Mlllt Or-ORVATUREN THENCE WESTERLY, 222.70 PBBTI�RLOIO'1110 P'A CIRCULAR MAYS, CONCAVE NORTHERLY. HAVING A RADIUS OF O.UO MET, THROUGH A CENTRAD. AMU/OF 62'32'00• AND BEIM O SUBTENDED BY A CHORD''1� b BEARS S. 76'49.0Ow N., Y( 1 FLET TO q POINT OF � TANGENCY; THENCE N. B,, 0• W., A DISTANCE OF 2924 %PEET; THEME S. 02'6740' W., A DISTANG�0O16.80 RET, THENCE N.'4 5'00- B., A DISTANCE OF O 611.81 PEET; THENCE S. lVf5a' W., A DISTANCE OF 608.11 LER; THENCE S. sv 11'50'00• W., A DISTANCE ONE, 19J 1R'FTET,-T(IfNCE N. BS'IT 00• Y., A DISTANCE Of 81.15 FEET TO A POINT ON A Nall•4kONEIAOCURVE; THINCE N SOUTHERLY. 167.66 PEET Aida THE ABC Or A CIRCULAR CURVE; -CONCAVE -WESTERLY, HAVING A RADIUS OF G�'O 1,010.00 FEET, THROUGH A CENTRAL ANGLE OF 09'19'00' AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 09'22'10' W., 167.10 PEET TO A POINT OF TANOEBCY; THENCE N S. 16'02'00• W., A DISTANCE Or 212,63 FEET TO A POINT OF CURVATURE; THENCE O SOUTHERLY, 192.64 FEET ALONO THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, w HAVING A RADIUS OF 460.00 FEET, THROUGH A CENTRAL ANGLE OF 40'52'51• AND BRING BVITENORD BY A CHORD WHICH BEARS S. 10.24'26• F.., 180.65 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTNRASTERLY, 52.21 PEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, RAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE. OF 29'55.15• AND BEING SURTF.NOED BY A CHORD WHICH BEARS S. - 49'4B'19• E., 51.64 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY, 92.79 FEET MONO THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 150.00 FEET, THROUGH A CENTRAL ANGLE OF p4v 1"14 0 35'26'62' AND BRING SUBTENDRD BY A CROWD WHICH BEARS S. 67'03'06" E., 96.32 PERT TO A POINT OF REVERSE CURVATURE; THENCE SOUTHRARTERLY. S2.21 FEET BLOW WE ARC OP A CIRCULAR CURVE,- CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET, Through A CENTRAL ANGLE Of 29'55'35' AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 66'17'52' E., 51.66 FEET TO A POINT OF CONPOUND CURVATURE: THENCE SOUTHEASTERLY. 9.66 RET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE • NORTHEASTERLY, HAVING A RADIUS OF 660.00 PERT, THROtAH A CENTRAL-ANGLE OF 01'03'01' AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 59'96'52• E., 1.66 FEET TO A NON-TANGENTIAL LINEN THENCE N. 00'26159" F.., A DISTANCE OF 719,99 FEET TO A POINT OF CURVATURE: THENCE NORTHERLY, 21.01 FEET ALONG THE ARC Of A CIRCULAR CURVE, CONCAVE WESTERLY, RAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 21'01'19" AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 11'55'08' W., 20.85 FEET TO A POINT Of REVERSE CURVATURE; THENCE EASTERLY, 721.29 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE SOUTHERLY. HAVING A- RAOIUS OF 180.00 FEET, THROUGH A CENTRAL ANGLE OF 229'35'26' AND BEING SUBTENDED BY A CHORD WHICH BURS S. 88'9993' E.. 526.01 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY. 11.11 FEET ALONG WE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 25.00 PERT, THROUGH A CENTRAL ANGLE OF 25'71'10" AND BEIR3 SUBTENDED BY A CHORD WHICH BEARS S. 13'12'34" W„ 11.06 FEET To A POINT OF TANGENCY, TURKS S. 00'26.59• W„ A DISTANCE OF 626.11 /BET; THENCE S. 09'JJ'01' E., A DISTANCE OF 5.65 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY, 508.92 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 670.00 FEET, TROUGH A CENTRAL ANGLE OF 47'2J'59' AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 66'65'00" E., 277.05 FEET TO THE END OF SAID CURVE AND 'POINT A': THENCE N. 66'57.00' W., A DISTANCE OF 150.00 PERT TO A POINT ON A NON-TANGENTIAL CURVE, THENCE NORTHEASTERLY, 215.61 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, RAVING A RADIUS OF 560.00FRET,. THROUGH A CENTRAL ANGLE OF J6'10.00' ARD BEING 'SUBTENDED BY A CHORD W1 1IREARS N. 26'56'00" E., 211.82 RET TO A POINT OF TANGENCY, THENCE N. 06'45'00-�.l:q A DISTANCE OF' 695.59 FT.F.T 7O A POINT OF CURVATURE; THENCE NORTHEASTERLY, 569'.56 'FEET ALONG THE ARC OP A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY. HAVING A BAdi UB CP 760.00 FEET, THROUGH A CENTRAL ANGLE OF 92'55'20' ANL.BRING SURTIINDEO BY ''A CHORD WHICH BRACES N. 28'12'60' F.., 556.12 FEET TO A Min AF REVERSE CURVATURE; THENCE NORTHERLY, 69.11 FEET ALONG THE ARC OF A3$ �CiJ0.VE, OON[AtlE4y41 AND RAVING A RADIUS OF 50.00 FEET, THE H 8 U, ANGLE OP 79,41 61^ AND BEING SUBTENDED • BY A CNORO WHICH BEARS N`�i ' alt' 63.83 FEET TO POINT OF REVERSE CURVATURR; THENCE NORTB MEET ALOM' l ft OF A CIRCULAR CURVE, CONCAVE SOITTN LY, HAVING A RADIUS OF 100, t'F ET, THROUGH A CENTRAL ANGLE OF 191'2 ' ANO BEING SUBTENDED BY A'CNOED WHICH BEARS N. zo ._ 66'05.00' E., 158.20 A POINT OP REVRRSE, CURYATS�RBI THENCE SOUTHEASTERLY, 69.25 fR THE ARC of A CIRCULAR CURVE, CONCAVE ty MRTHEASTERLT, HAVING A RADIUS OF 50.OD FEET, THROUGH A CENTRAL ANGLE OF N 79'19'61' AND BEING SURTENDRD-11Y A-CHORD WHICH BEARS S. STSG VA" E., 63.05 N FEET TO A POINT OF REVERSE WRVAThilli THENCE EASTERLY, 667.75 FEET ALONG THE ARC Of A CIRCULAR CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 760.00 FEET. L1 THROUGH A CENTRAL ANGLE OF 33'65.20" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 00'37'90' E., 661.30 FEET TO A POINT OF TANGENCY; THENCE S. 63'65.00' E., A DISTANCE Of 551.72 FEET TO A POINT Of CURVATURE; THENCE SOUTHEASTSRLY, 6N-' e� 591.97 PERT ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY. HAVING A � RADIUS OF 695.00 FEET, THROUGH A CENTRAL ANGLE OF 98'49'06' AND BRING SUBTENDED BY A CHORD WHICH BEARS S. .19'20'57' E., 576.21 FEET TO A min BF REVERSE CURVATURE; THENCE SOUTHEASTERLY, 64.66 FEET ALONG THE ARC OF A CIRCULAR CURVE. CONCAVE NORTHEASTERLY. HAVING A RADIUS OP 50.00 FELT, TROUGH A CENTRAL ANGLE OF 76'06.45' AND BRING SUBTENDED BY A CHORD WHICH BEARS S. 52'00'17" B., 60,26 FEET TO A POINT OF REVRRSE CURVATURE: THENCE SOUTHERLY, 569.42 FEET ALONG THE ARC OP A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 180.00 FEET. THROUGH A CENTRAL ANGLE OF 181'15.06" AND BEING SUBTENDED BY A CHORD WHICH REARS S. 01'33'56' W., 359.99 MET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY, 57.56 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUI'HEARWRLV, HAYING A RADIUS OF 50.00 FEET. THROWN Par 2.d 4 0 EXHIBIT 'll' (rage 1 of 4) OR: 3022 PG: 2105 • A CENTRAL ANGLE OF 65'57'16• AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 59'12'49' W.. 54.43 FEET TO A POINT OF REVERSE CURVANRE; THENCE SOUTHWESTERLY, 117.29 PEST ALONG TILE ARC OF A CIRCULAR CURVE, CONCAVE. NORTHWESTERLY, HAVING A RADIUS OP 190.04 FEET. THROUGH A CENTRAL ANGLE OF 49'32'49^ AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 51'00'15' W.. 326.08 FEET TO A POINT OF TANGENCY; THENCE S. 75'47100• W., A DISTANCE OF 271.84 FELT TO A POINT OF CURVATURE, THENCE SOUTHWESTERLY, 187.77 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY. HAVING A RADIUS OF 540.00 FEET, THROUGH A CENTRAL ANGLE OF 10'12'00• AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 60'11'00' W., 284.18 FEET TO A MINT OF TANGENCY; THENCE S. 45'15'00' W., A DISTANCE OF 225.91 FEET TO A POINT OF CURVATuBv; THENCE SOTDOESTERLY. 124.99 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHNESTERLY. HAVING A RADIUS OF 410.00 FEET, THROUGH A CENTRAL ANGLE OF 17'29'01• AND BE 1N0 SURTENDED BY A CHORD WHICH BEARS S. 51'59'01' W., 124.51 FEET TO A POINT ON A NON-TANGENTIAL CARVE; THENCE SOUTHERLY, 1.40 RET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 00'47'59' AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 01'50'11' W., LAS FEET TO A MINT OF REVERSE CURVATURE; THENCE SOUTHERLY. 45.10 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS Of 100.00 FEET. THROUGH A CENTRAL ANGLE OF 25'50'11' AND BEING SUBTENDED BY A CHORD WHICH BEARS 9. 08'40'45• E., 44.72 RET TO A POINT OF TANGENCY, THENCE S. 21'16'00• E., A DISTANCE OF 15.45 RET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY, 247.OS FEET REAM THE ARC Of A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OT 470.00 FEET, THROUGH A CL ANGLE OF 10'07'00' AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 16'39y0"'E 4 244.21 FEET TO A POINT OF TANGENCY; THENCE S. 51-41'00' E.., A DISTANCE 4,46.44 FEET, THENCE S. 3E'I7'UO' W., A DIST/ T. OF 60.00 FEET, THENCE H., W 3'00• N., A DISTANCE OF 66.44 FEET TO A POINT OF CURVATURE, THENCE NOATWR : I S_9 RR ALONG THE ABC OF A CIRCULAR CURVE, CONCAVE NORTHEAR'TBRLY, 1 -RADIUS OF 510.00 PER, THROUGH A CENTRAL ANGLE OF 10'07'00- AND SLI ENDED BY A C ORDIWHICH BEARS ,N. 16'39'10' W., 275.39 ��F��EEECCCET TANGENCY: TIIFAI 21'.16'00' M„ A • DISTANCE OP 15.45 FY.4 I 1. 8 4'00• W., A Ot9TANl'R OF 11.74 M..", THENCE N. 99'71'01' WWjjII \\0 P',OF 2.626.97 Frrr TO TRY POINT GF RP.GtNNING. �•. LESS AND ACCEPT / \ COHERENCE! AT AFORF.NENTIOMEP,-POINT A', THENCE N. 77'09'{.9• E., A DISTANCE OF 269. S2 PRET M TNR i'OtIT �O} BEGINNING OF TNR PARCEL, OF LAND HEREIN DESCRIBED AND A POINT ON ANON iANGENT7AL CURVBA THENCENN�pR11lD1SRLY, 190.49 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCA(SAIF8'TBR;N., = 111G'A RADIUS OF 660.00 FEET, THROUGH A CENTRAL ANGLE OP 16'72'13 ,AND-B�'SURTENDED BY A CHORD WHICH BEARS N. 15'01'07• F.., 199.81 FEET TO A POINT OF TANGENCY; THENCE. N. 06'45'00• E., A DISTANCE OF 495.59 FEET TO A POINT OF CURVATINKI THEME NORTHEASTERLY, 611 it PRET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 440.00 RET, THROUGH A CENTRAL ANGLE (IF 106'13138' AND HEING SUSTF.NDED BY A CHORD WHICH BEARS H. 60101'69• E., 705.18 PRET TO A POINT OP COMPOUND CURVATURE; THENCE S01T1'HRRLY. 61.11 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY. HAVING A RADIUS OF 50.00 PER, THROUGH A CFHTWAI. ANGLE OF 92'56'22' AND HKING ^IMTE.HDIA1 HY A VRORD WHICH DEARS S. 2G'17'II' 1:., '12.50 FEET To A MEW OF TAAIF.NI'Y; THENCE. F. Y6'IS'('ll• W., A DISTANCE OP 141.10 PRET TO A POINT OF CURVATURE; THENCE SOEETHNZSTERLY. 179.89 RET AILING THE ARC OF A CIRCULAR CLAVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 140.00 FEET, THROUGH A CENTRAL ANGLE. OF 57'15'00' AND BEING SUBTENDED BY A CHORD WHICH BYARS S. 54'52'311• W., 114.14 FEET TO A POINT OF TANGENCY, THEIST S. 111'30'00' W., A DISTAM'R OF 17„4 FEET TO A MINT OF Pw I,4 4 LANmil. ••H_ Iraq. 9 R3 91 OR: 3022 PG: 2106 21'01'11' AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 86'21'51' W., 20.85 FEET TO A Min OF REVERSE CURVATURE; THENCE SOUTHERLY. 709.SS FEET ALONG WE • CURVATURE: "SINCE WESTERLY, 21.01 FLET ALONG WE ARC OF A CIRCULAII CURVE, LYNICAYt NORTHERLY, IAVIWG A RAnIUS OF 50.00 FEET, THROUGH A CWNTRAL ANGLE or 21'01'11' AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 86'21'51' W., 20.85 FEET TO A Min OF REVERSE CURVATURE; THENCE SOUTHERLY. 709.SS FEET ALONG WE • ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 160.00 FELT, THROUGH A CENTRAL ANGLE OF 225'51121' AND BEING SUBTENDED BY A CHORD WHICH BEARS- S. 05'21'29• E., 371.56 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY, 10.03 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOLEMNLY. HAVING A RADIUS OF 100.00 FEET, THRMIGH A CENTRAI. ANGLE OF 21-47'12' AND HEING SUBTENDED BY A CHORD WHICH BEANS N. 72'16'21' F,., 37.80 FEET TO A POINT OF TANGENCY; THENCE N. 81'10'00' E., A DISTANCE OF 22.12 FEET TO A POINT OF CURVATUREI THENCE NORTHEASTERLY, 159.61 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 660.00 FEET. THROUGH A CENTRAI. ANGLE -OF 57015'00' AND BRIM SUBTENDED BY A CHORD WHICH SEMS N. 56'52'30' E., 110.75 FEET TO A POINT OF TANGENCY; THENCE N. 26'15'00' E., A DISTANCE OF 116.56 FEET TO A POINT OF CURVATURE; THENCE EASTERLY, 09.12 FEET ALONG THE ARC OF A CIRCUWI CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 102'01130' AND REING SUBTENnEn BY A CHORD NIIICII DEARS N. 77'10149• F.., 77.7E FEET TO A POINT OF M. POIN3D CURVATIRF: THENCE SOUTHEASTERLY. 105.11 FEET ALONG WE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 375.00 FEET, THROU(iN A CENTRAL ANGLE OP 16'37'22' AND BEING SUBTENDED BY A CHORD WHICH HEMS S. 28'10'11' E., 298.80 FEET TO A POINT OF TANGENCYI THENCE S. 05'00'00• E„ A DISTANCE. OF 100.06 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY, 90.75 FEET ALONG TWE MC OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 70.06 FEET, THROUWI A CENTRAL ANGLE OF 80'67'00• AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 35'23'30' N„ 90.77 FEET TO A POINT OE TANGlUICIr,WF.NCE 8. 75V7'00' W., A DISTANCE OF 271.84 FEET TO A. POINT OF CVRVATLAfy FRCS SOITNWSSMLY, 158.30 RET AMNO THE MC OF A CIRCULAR CURVE, CONCAVE EIl9TLPLY, HAVING A Radius OF 860.00 FEET, THROUGH A `CENTRAL ANGLE OF 70.32Q0' AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 60'31.00"Wr, /52.90 FEET T001 VOL NY OF TANGENCY; TIII:N,T. S. 15'15.00' W., A DISTANCE 08-071.91 FEFT'TO\A POtAT OF Cl1PVATURF/ THENCE WESTERLY, 361.17 FELT Aiglq THE ARC OP A cixcQLKN VE,\CONCAVE NDRTIERLT, RONG% A Ci Or 11'01'00• AND BEING HAVING A RADIUS OF 200.0AVIMA SURTENDED BY A CHORD WHI. 60'68'30^' , 9 R7 FEET TO A POINT OF • TAIIGP.NCY; THENCE N. 97-A )ISTANCE OF '22 .', r1`47 TO A POHNT OF CURVATIIRR; THENCE N0�dtET AI.DNG THE DELI OF A CIRCULAR CURVE, CONCAVE NDRTWBASTCNLY,. 1IVY OF 50.00 FEET N A CtNTML ANGLE OF 110'55.13' AND BEING'SIATANOED BY A CNOR iICI 1' N, 1:'10'2)' W., 82.17 FEET TO THE POINT'Wova INWINO, IM / .L.. Pa3N 6,NJ Ll EXHIBIT "I• (TRACT /9) ttt OR: 3022 PG: 2101 ttt Page I of I A PORTION DY HFI -Mm 11, 'IVMN51111' Sn -RHIM, NIIMIF. 2u h:/1.1r, rulllm 1YYIN'1'Y, • BRING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 76, MUSTANG ISLAND, ACCORDING TO WE PLAT THEREOF RECORDED IN PLAT BOOK 37, PAGES 37 THROUGH /0 (INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA( TRFNCF. N. 85'21'D2- F.., ALONG THE SOUTHERLY BOUNDARY OP SAID LOT 70, A DISTANCE OF 286.27 FEET TO A MIRY ON THE SOUTHWESTERLY RTGNT-OF-WAY LINE OF MUSTANG ISLAND CIRCLE. A 60.00 1'00T PUBLIC RIGHT -OF -MAY, TH[ SAME BEING A POINT ON A NON-TANNINTIAL CURVE; THENCE SOUTHEASTERLY. 253.25 FBHT ALONG THE SOUTHWESTERLY RIGHT -OF -MAY LINE OF SAID MUSTANG ISLAND CIRCLE AND ALONO THE ARC OF A CIRCULAR CURVE. CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 190.00 FEET, THROUGH A CENTRAL ANGLE OF 29'36-41• AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 5351'/3• E., 250.11 PEST TO THE END OF SAID CURVE, THENCE DEPARTING FROM THE SOTHMESTERLY R1GKT- OF-MAY LINE OF SAID MUSTANG ISLAND CIRCLE, S. 21.16.55• W., A DISTANCE OF 256.00 FEET TO A POINT OF CURVATURE: WSNCE SOUTHERLY, 321.51 FEET ALONG THE ARC Of A CIRCUUR CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 350.00 FEET, THROUGH A CENTRAL ANGLE OF 52'37'55• AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 05'02'02• E., 310.33 FEET TO A POINT OF TANGENCY, THENCE S. 31'21'00• [., A DISTANCE OF 135.19 PERT TD A POINT OF CURVATURE: TIBil SOUTHERLY. 117.70 FEET ALONG WE ARC OF A CIRCULAR CURVE. CONCAVE WESTERLY. HAVING A RADIUS OF 88.00 FEET, THROUGH A CENTRAL ANGLE OF 76'11'00• AND BEING SUBTENDED BY A CHORD MAIC(( BEARS S. 06'59'30• W., 109.1E FEET TO A POINT OF TANGENCY: TRW" S. 15'20'00• W., A DISTANCE.OF 95.1"EET TO A /DINT OF CURVATURE: THENCE WESTERLY, 206.31 FEET /,FjN101T}� {NI� A CIRCUWI WIVE, CONCAVE NORTHERLY. "VIMA RADIUS, 6l^11�9.- 6 FEETr— A CENTRAL ANGLE OF 69'12'37' AND BEING SUBTENDED )IY A CHORD WHICH 5. 80'11'18• K., 193.85 FEET TO A NON-TANGENTIAL LINE: THENCE N. 36-S1'0D�•'M.,\ A DISTANCE OF 79.90 FEET TO A POINT OF CURVATURE, THENCE WESTERLY, 255.,00 #BET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTNBRLY, HAVING'&'RADIUS OF 105.00 FEET, THROUGH A CENTRAL ANGLE OF 79'00'00' AND HF.ING SUOTEBDEO BY A CHORD WHII'II HEARS N. • 76'21'00' W., 235.35 FEET. TO A POINT OF TANGENCY, 190.29 FEET ON TIM THENCE S. 60'09.00• W., A NORJIl-SDUTH 1/4 LINK OF AFORESAID DISTANCE OP TOPO1 SECTION 13; THENCE N. / 23 F. , I NORTH SOUTH IH LINE OF SAID �a SECTION 33, A DISTANS� POINT DF-BEO3HN3MG. Page I of I W' G LELY RESORT PUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) • PDI-PL20160001163 REQUESTED DEVIATIONS & JUSTIFICATIONS • C 212 MAIM M Q WaaA A rW 1�10W rrr�AMW 1l JUSTIFICATIONS FOR REQUESTED DEVIATIONS FROM LDC LELY RESORT PDI REVISED NOVEMBER 2016 Deviation 8: Deviation from LDC Section 5.06.04 G.2.e. which requires off -premises signs to be 12 S.F. in area. 8 -feet in height, and located no more than 1,000 feet from the building. structure, or use for which the sign is displayed: to instead allow one (1) off -premises sign to be 120 S.F. in sign copy area. 15 -feet in height, and located within a sign easement on the 'C-2' tract located at the northwest corner of Tamiami Trail East and Triangle Blvd. The proposed sign is described as "120 S.F.. off -premises sign" on Exhibit XV -1. The off -premises sign will be limited to displaying one (1) 12 S.F. sign placard for the entity located within the 2.32+/- acre 'C-2' tract located at the northwest corner of Triangle Blvd. and Celeste Dr. approximately 1.500+/- feet away from the 'C-2' parcel located at the northwest corner of Tamiami Trail East and Triangle Blvd. This off -premises sign will also be limited to displaying sign placards for the entities located within the tract designated as 'C-2' on the Exhibit'H'. Master Land Use Plan, and located at the northwest corner of Tamiami Trail East and Triangle Blvd. If this deviation is applied. then Deviation #6 and Deviation #7 cannot apoly. This deviation applies solely to the 2.32+/- acre tract • designated as'C-2' on the Revised Exhibit W, Master Land Use Plan, and located at the northwest corner of Triangle Blvd. and Celeste Dr., and the 8.28+/- acre tract designated as'C-2' on the Exhibit'H' Master Land Use Plan, and located at the northwest corner of Tamiami Trail East and Triangle Blvd. Justification: The requested deviation would allow the end user of the 'C-2' parcel to locate their sign on the proposed off -premises pole sign on Triangle Plaza, which is the subject of Deviation 9 and 10. The deviation will also allow for the off -premises sign to be larger in area and height. • The request is unique in its nature due tothe historyof the parcel for which the sign is proposed to be located, the 0.9+/- acre Chase Bank outparcel. The 'C-2' Tract was originally one tract, however, the tract was recently subdivided into outparcels for the purposes of commercial real estate sales. Due to the outparceling, the Applicant is no longer able to place a sign in the existing sign easement—the ultimate subject of this request. In order for the sign to be placed within the existing sign easement located on the Chase Bank outparcel, the Applicant must request an off -premises sign to be much larger than allowed by the LDC. The Applicant must also request deviations 9 and 10 in order to accommodate the sign being located on an outparcel with an existing outparcel sign, and within 122 feet of another existing on -premises outparcel sign. Approval of this deviation will allow the sign to be more than 1,000 feet away from one of the sign's end users, the sign to be 1S -feet in height, and to be a maximum of 120 SF in sign area. Lely Signage PDI — PL20160001163 Deviation Narrative Page 1 of 4 Due to the location of the subject parcel with no frontage on any arterial roadway, there is . limited visibility for the sign, and no opportunity to notify the traveling public on U.S. 41 or Collier Blvd. of the use. While the 'C-2' tract at Triangle Blvd. and Collier Blvd. is within the 1,000 feet of the subject property, the Applicant does not own the property or have an easement to locate signage on this more proximate parcel. Approval of this deviation will allow for the sign to be located more than 1,000 feet away from the building or use for which the sign is displayed on an off -premises pole sign which is owned by the Applicant. The Applicant is requesting to allow for a greater sign face area and height, which would apply to the proposed off -premises sign on the Chase Bank outparcel within the sign easement. The additional sign face area will accommodate the tenants of the Triangle Plaza, while also serving the traveling public who would benefit from a larger sign for visibility and wayfinding purposes. The additional height will also assist in addressing the sign's compatibility with other signs on Triangle Blvd., specifically the Freedom Square Plaza sign. The proposed height of the off -premises sign is lower than the Freedom Square Plaza sign, which reduces the impact of the sign. It is also important to note that the sign will be significantly smaller than the Freedom Square directory sign on the south side of Triangle Blvd, which is 200 square feet in size. In an effort to mitigate the request, the Applicant is offering to plant 20% more landscaping • around the base of the 120 square foot off -premises pole sign. The LDC requires 100 square feet of plantings, and the Applicant is proposing to plant 120 square feet around the base. The additional plantings, which will include an additional 20 square feet of flowers and shrubs, will enhance the appearance of the larger sign request by providing further aesthetic benefit. The Applicant intends on planting more than sod/grass in the additional planting area. In addition to the enhanced plantings, the Applicant is also proffering to reduce the sign face area of the sign allowed at the vehicular entrance on Triangle Blvd. to 40 square feet, opposed to the allowable sign face area of 60 square feet for signs located on a local roadway. Deviation 9' Deviation from LDC Section 5 06 04 F 1 which allows additional on -premises ground or pole signs separated by 1,000 feet to allow an additional sign to be located within 122' of the existing on -premises sign on the 0.9+/ -acre outparcel as shown on Exhibit JN -1 This deviation applies solely to the 0.9+/- acre outparcel within the 'C-2'Tract located at the northwest corner of Tamiami Trail East and Triangle Blvd. on Exhibit 'H', Master Land Use Plan. Justification: The Chase Bank outparcel signage also contributes to the need for the deviation. The proposed sign at the corner of Triangle Blvd. and US 41 will service all tenants within the Triangle Plaza, and will face both Triangle Blvd. and US 41 to service the traveling public. Lely Signage PDI — PL201ON1163 Deviation Narrative Page 2 of 4 While the additional sign does not meet the minimum separation requirements, the proposed off -premises sign will be a minimum distance of 122 feet apart from the nearest outparcel sign located on the Chase Bank parcel. The Applicant is proposing an additional 20% foundation plantings at the base of the sign as a condition of approval to off -set this request, and beautify the appearance from the street. This deviation is requested to assist in the marketing of the plaza and its tenants in light of the limited visibility of the access point off of Triangle Blvd., significant setbacks from US 41 related to the drainage canal, and the high travel speeds along the arterial roadway. As noted earlier, the sign will comply with the 15 -foot maximum height limitation for ground or pole signs, and will therefore be a lesser height than the Freedom Square directory sign on the south side of Triangle Blvd. Deviation 10: Deviation from LDC Section 5.06.04.F.2.b., which limits outparcels to a single ground sign, to allow the 0.9+/- acre outparcel to have two (2) signs as shown on Exhibit XV -1. This deviation applies solely to the 0.9+/- acre outparcel located on the 'C-2' Tract located at the northwest corner of Tamiami Trail East and Triangle Blvd. on Exhibit'H', Master Land Use Plan. Justification: The Applicant is requesting approval of this deviation in order to locate an off - premises sign on the 0.9+/- acre Chase bank outparcel that would serve the Triangle Plaza, • which is technically considered a second outparcel sign, although the sign is not an outparcel sign in nature. Due to the location of the sign on an outparcel the sign is referred to as an outparcel sign technically, but will function as an off -premises sign per Deviation 6 which requests a larger off -premises sign. The sign will be located within an existing 20' x 20' sign easement at the southwest corner of U.S. 41 and Triangle Boulevard, as shown on Exhibit XV -1. The sign easement is 400 square feet in size, and has sufficient space to accommodate the proposed off -premises sign including setbacks and enhanced landscaping. The sign easement was created between Stock Development and JP Morgan Chase in 2010 and allows Stock Development the legal right to construct a sign within the given easement. The Applicant understands this sign easement is only an easement and does not grant the Applicant any additional signs. Approval of this deviation will allow for increased visibility by locating the sign at the lighted intersection, which provides the travelling public time to review the sign content/shopping center tenant in formation in detail. While also allowing two signs on one outparcel. Due to outparceling this deviation is needed in conjunction with Deviation 8 and 9. The subject property is within Activity Center #18, which is already characterized as an intensive commercial node in terms of uses and the built form. Placing a sign at the corner • of arterial and collector roadways in an approved Activity Center is consistent with and complimentary to existing conditions. Lely Signage PDI — PL20160001163 Deviation Narrative Page 3 of 4 Placing the sign in this location will make it visible to the traveling public and will not • conflict with existing infrastructure at this corner. The location is ideal for a directory sign because it is cleared of any vegetation, and is setback from the sidewalks and the bus stop. The only other sign for this plaza is the Chase bank outparcel sign and the Outback Steakhouse wall sign. Pursuant to this resubmittal, the sign is proposed at a maximum height of 15 feet with a sign face area of 120 square feet. This is a significant reduction from the 200 square foot, 20 -foot tall directory sign that was originally requested, and that was permitted for the Freedom Square Plaza to the south. Deviation 11: Deviation from LDC Section 5.06.04 F.3, which permits one (1) directory sien at the entrance on each public street for multiple -occupancy parcels; to instead allow one (1) directory sign on Collier Blvd. to be located away from the public entrance for the 'C-3' Tract located at the southwest corner of Collier Blvd. and Grand Lely Dr. as shown on Exhibit XV -2. This deviation applies solely to the 9 -acre tract designated as'C-3' on Exhibit'H', Master Land Use Plan, and located at the southwest corner of Collier Boulevard and Grand Lely Drive. Justification: The only known project entrance on this parcel is located on Grand Lely Drive, a roadway internal to the PUD. Placing the directory sign for this parcel on Grand Lely Drive is not practical due to the location and limited visibility from Collier Boulevard (C.R. 951). The deviation will allow the Applicant the flexibility to locate the directory signage centrally along • the Collier Blvd. frontage for visibility purposes. The posted travel speed along Collier Blvd. is 50 m.p.h., therefore, well-placed signage along the frontage is critical for appropriately notifying the travelling public of the shopping center tenants. The directory signage will comply with the maximum sign face area, height and setbacks set forth in the LDC. If at the time of SDP approval, the plaza does not qualify for a directory sign, then one shall not be permitted on the site. The recent HEX approval for a similar signage variance at Hogan's Plaza immediately north of this parcel indicates the County support for this request. • Lely Signage PD1— PL20160001163 Deviation Narrative Page 4 of 4 �.�. ENGINEERING LELY RESORT PUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 LEGAL DESCRIPTION • • Property Summary Parol No. 77510401025 SIM Adr. 9995 TRIANGLE BLVD Name/ AddlaG SD TRACr 4 LLC 2639 PROFESSIONAL CIR #101 City NAPLES Sarh FL Zip 34119 Map No. Strap No. Section Township Rarrge Acres �Fjtimatad 5834 670650 A 15834 34 5o 2G 7.15 Le9a1 TRIANGLE PLAZA AT LELY RESORT TRACT A Milaee Ana O 245 Millar Raba O 'Cakuloth, Sub./Ccrrdo 670650- TRIANGLE PLAZA AT LELY RESORT School Other Tool On Code O 28 - PARKING LOTS, MOBILE HOME PARRS SAS 6.1927 11.6727 Latest Sales History 2015 Certified Tax Roll (Not all Sala are mtn due 10 Confidentiality) U.b)M to C6an9e1 Date Book -page Amount Land Value S 2.201,05 lµ) Improved Value $241,709 I-) Market Value 62.N_;714_ I-) Aaten•d Value S 2.442.714' I-) School Taxable Value 5M4&714' I-) Tremble Value $2.442,714 n an white slwwn,eava e4u,10 mN carrel wax create l rot the Nna Tu Rall 0 • s Property Summary • Parcel N.. 2 5 9100007 51 Site Mr, 9205 CELESTE DR Name/Address STOCK DEVELOPMENT LLC 263E PROFES51ONAL CIR 9101 CRy NAPLES StRe FL Zip 34119 Map No. Seep No. Sacae Townw* Rartpe Aan 'Estimated 5331 215200 ZR 15034 34 50 26 2,36 Legal CELESTE DRIVE REPLAT TRACT 2R Millaee Aea6 245 MTpw Reba6'Calmlatm Sub./Condo 215200- CELESTE DRIVE REPLAT Sdroal Odwr Tepl UMS&4&6 10- VACANT COMMERCIAL SAB 6.1927 11.6227 Latest Sales History Ino, All 5»1, aw W,4 e- t. Dep 6o Papa A..m 12/13/05 3247-447 S 5,025,000 2015 Certified Tax Roll b�q.a to cnanpm lam Vape $616.810 I+) Improved Val. so (-1 Morket Value $616,810 (-1 10% Cap $10,409 (-) Aaaassed V.I. S 608,401 (_) SM.1 T.bie Velma $616,810 I-) TaxaUp V.I. $ 606201 11 all VaN¢s 0"n a Wre epuel0 06 p3rW was oeai U atlm 16e FNal Tax HO 0 Property Summary Para)Ne. 5 56250032 5 5 Site Ade. 7915COLUER BLVD Name/Address STOCK DEVELOPMENT LLC 2639 PROFESSIONAL CIR 4301 Cay NAPLES State �. Zip 34119 Map No. Strap No. Section Township Range Acres 'Estimated 5531 462100 12 ISB34 34 C 26 9.14 Legal LELY RESORT PHASE I TRACT 12 Millase Area O 245 Millaee Rates O `Calculations SubJC,l 462100- IELY RESORT PHASE I school Other Total as Code O 10- VACANT COMMERCOLL 5.48 6.1927 11.6727 Latest Sales History 2015 Certified Tax Roll • (Not an sales are Ilslea are m conrieennaliryf (su41ttno Change) Oele Book -page Amount Land Value $2,398.828 04/22/02 3022-2088 S 20,000,000 (1) Improved Value S 0 06/00/87 1278-1475 40 I<) Market Value 52,388,528 (-) Assessed Value $2.388,a7f� (_) School Taxable Vast. S 2,388,828 I-) Taxable Value S 2,388.828 11 .11 Values shown above e0ual0 this panel xa, ",aeon after 16e final Toa Roll 0 Of MNE E Ft MIN Q LELY RESORT PUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 AFFIDAVITS OF AUTHORIZATION • AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERSIS) 1, s,MnsaO (print name), as L1wvb•, (title, it applicable) of sorme LLC (company, If a licable), swear or affirm under oath, that I am the (choose one) owner= applicant[�onhact purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Cede; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions Imposed by the approved action. 5. Well authoflzew-,o Ea•pwbe. PAwwm•c+•ro• to act as our/my representative in any matters regarding this petition including 1 through 2 above. 'Notes: • H the applicant Is a corporation, then a is usually executed by the co% pres. or v. puss. • If the applicant Is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's'Managing Member.' • If the applicant Is a partnership, then typically a partner can sign on behallof the partnership. • N the applicant is a limited partnership, then the general partner must sign and be Identlfled as the 'general partner' of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee'. • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. SRI ature 1 Da nt STATE OF FLORIDA COUNTY OF COLLIER The (oit nem ,g inetrume as rn to (or affirmed) and subscribed before meon M _hU,/ nK/ Oe) L°J/hIIAMJ (name of person providing th dl alRrmagon), ac who i= Derso Ilv known to me or who has produced (type of identfication) as identification. BTAMPIBFAL JUDITH M REALE g, HourlyPublic -$Iola olrlml6d MY comm. ExNina $eP 28.2016 Commission B EE 2215M Bo00 Through NaenM War, Ann. C%06COAJ81150 S RKY Y 4 L • • • AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) FteO DoDbl I. aW sw (print name), as (title, If applicable) of smu o-. —uc (company, Ila Iicxble), swear or affirm under oath, that I am the (choose one) ownerO applicantQcontract purchaser and that: 1. I have full authority, to secure the approval($) requested and to Impose covenants and restrictions on the referenced property as a result of any action approved by the County In accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours far the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, Conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authodzew.uopE�M.r.Aeou.ac,•.r• to act as ourlmy representative in any matters regarding this petition including 1 through 2 above. 'Nates: • If the applicant is a Corporation, then it is usually executed by the Corp. pres. or v. lows. • M the applicant Is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's'Managing Member.' • if the applicant Is a partnership, then typically a partner can sign on behalf of the partnership. • if the applicant is a limited partnership, then the general partner must sign and be identified as the 'general partner" of the named partnership. • . If the applicant is a trust, then they must include the trustee's name and the words 'as trustee • In each Instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated IIn�n �Itt am true. T� --1� signature STATE OF FLORIDA COUNTY OF COWER r The to ng insfru^ s�vom to (or affirmed) and subscribed before me on aJ my, (date) by 1 (name of person providi oa or affirmation). as who Is Illy known tom or who has produced (type of identification) as identification. ^' � I t I & -, ,sTAMPMEA- Signalof Nnota:Jry�-Public R .w -p' JUDITH M SEALE JCL'CS�r I'v M S�•/� p ei HourMY Co._ Expires Seo r8. nda 201 e My Com. &plres Sep 28, 2016 S,g Commission l EE 2215% .sime'd iMapn Nspoea NRaY Assn. • CPo&CnA-00115156 Rev vzuw Dec -08-2016 03:46 PM JPMC 941-951-0109 JPMorganChase Jj Saran Naha) Vicc,Peeaidem Real Estate Transaction Manager, Sr J3 a, 6 "a 2016 Collier County Government Growth Management Division. 2800 North Horseshoe Drive Naples, PL 34103 RE: Triangle Plazapylon sign —Naples, PL To Whom It May Concern: PID: 15990 I am a VimPresident for IPMorgan Chase Bank, National Association, owner of the outparcel located at 12585 Tamiami Trail Past (Parcel No. 55425001105). I do not object to the application attached hereto, filed by Stock Development relating to signage with the Lely Resort PUD (PL2016-1163), including the sign to be located within the existing sign easement on the bank outpamel granted to Stock Development by OR 5192, PO 3616. If you have any questions on this matter, please contact Bob Sampson at (813) 777-0239 orvia email at h2t,sammonAchase.com Sincerely, SU Via P deUtN asVi JPMoeaon Chon Bonk, Na ml Aoodoaon 2 NTMUMI TQ FlW 0557850&Moil Code: PL4.6508 S.6% Ploddo 34236 i'1' *ENGINEERING LELY RESORT PUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PD1-PL20160001163 ADDRESSING CHECKLIST • 0 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ADDRESSING CHECKLIST 2800 NORTH HORSESHOE DRIVE • NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please complete the following and email to GMD—Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressino personnel prior to preapplication meetino, please allow 3 days for process]". Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist toreach Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dods Extension) ❑ SDPA (SDPAmendment) ❑ Camival/Circus Permit ❑ SON (insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TOR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA(Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑a OTHER Insubstantial Chanoe to a PUD LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) S27,33,34 T50 R26, S3 T51 R26 FOLIO (Property ID) NUMBER(s) of above (attach to, oressociate with, legal description if more than one) 77510401025,25910000751,55425003255 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right - of -my • SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Lely Resort PROPOSED PROJECT NAME (if applicable) n/a PROPOSED STREET NAMES (ifapplicable) n/a SITE DEVELOPMENT PLAN NUMBER (torexisting pmJects/sifes only) • SDP orAR or PL # PL2016-0001163 Collier County • COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239( 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Return Approved Checklist By: ❑. Email ❑ Fax ❑ Personally picked up Applicant Name: Lindsay Rodriguez Phone: 239-405-7777 EmaiWax:lindsay.roddguez@waldropengineering.com Signature on Addressing Checklist does not constitute Project and/or Street Name • approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 55425003255 Folio Number 77510401025 Folio Number 25910000751 Folio Number Folio Number Folio Number Approved by: Date: 6/10/2016 Updated by: Date: • IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Property Summary Parcel No, 77510401025 Ateltelr. 9995 TRIANGLE BLVD Nam.I Address SO TRACT LLC 2639 PROFESSIONAL CIA #101 City NAPLES State I- Zip 34119 Map No. Strap No. Section Township Range Acres `Estioneted 5636 670650 A 15634 34 50 20 7.15 Legal TRIANGLE PLAZA AT LILY RESORT TRACT A M'Ihea Area O 245 Migage Rates O "Cakulatiorx: Sub✓Cotado 670650 - TRIANGLE PLAZA AT LELY RESORT School Other Total Oce Gde O 26 - PARKING LOTS, MOBILE HOME PARKS 5.48 6.1927 11 6727 Latest Sales History 2015 Certified Tax Roll Mqt all sal<s are lbhb 4vet. (onrNentiallty) isubJect t. chehee) Date Book -Page Anent Land Value S 2,201,005 (+) Improved Value $241,70 (-) Market Value S2,442,714 (-) Amused Value S 2,442,714 (_) School Taxable What 52,442,714 (-) Taxable Value S 2,442,714 H all values sM1ann above equal o my parcel wea rre teb ener the final Tac Roll CJ 0 0 • 0 Property Summary Parcel IN.. 259INN751 SNe Adr. 9205 CELESTE DR Name/Address STOCK DEVELOPMENT LLC 2639 PROFESSIONAL OR 1101 City NAPLES State EL Zp 34ti9 Me, No. Strap No. Se Ion Tcw p Range A.-Eelkaatetl 555- 21S2W 211 15634 30 Sc 26 2.36 Legal CELESTE DRIVE REPLAT TRACT 2R Millaae AreaO 245 MTk0eRm16'C11NkUom SubaCoxdo 215200- CELESTE DRIVE REPLAT School Odn Tete1 2UCedy_0 10 -VACANT COMMERCIAL S.46 6.1921 11.6727 Latest Sales History INOI ell5eles er<IntN Ore to ConaOernblXyl Elm aoa&-Pape Amount 12/13/05 3947.947 5 5.025,000 2015 Certified Tax Roll (50Ied le Crew) Lead! Value $ 616,810 (+) Imwoved Value So I-) Market Value f616,810 1-) 30%CRP f 10,409 1-) Ata1EE9d V.I. S 606,401 1-) School Taxalk V.I. S616.010 I-) Taxabk Value $606.401 II JI.'Ne �Xmm ab-'pWI OIMr Barte1xauGleE.0-16e Pon, Te. RMI Property Detail Sketches Trim Notices ParcNNo. 55425003255 SIUAdr. 7815COLLIERBLVD Narae/Addres STOCK DEVELOPMENT LLC 2639 PROFESSIONAL CIA 9101 CRy NAPLES State r.. Zip Map No. Strap No. Section Township Range Acres 'EWmated c.,4 4621M 12 15834 34 L6 _C, 9.14 Legal LELY RESORT PHASE I TRACT 12 Millage Area O 245 SubJCondo 462100 - LELY RESORT PHASE 1 Use Code O 10- VACANT COMMERCIAL Latest Sales History Mol all Sales all 05fed due no COn110entlalllyl Data Rook -Papa Amaort 04/22/02 3022-2088 S 20,000,000 06/00/87 4278-1475 so Miliaae Rates O 'Calc..++__ School Other Total 5.48 6.1927 11.6727 2015 Certified Tax Roll r "," l.,Llianw' is • 0 Land Value $7,388,828 i+) Improved Value so (—) Market Value 52,388,828 (—) Assessed Value $2.388,828 (-) School Taxable Value $ 2.388.828 (-) Taxable Value 57.388,828 If all Values shown abuse epual 0 th15 Parcel was <rtated after the Fnal Tax Roll is • 0 ENGINEERING LELY RESORT PUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 INSUBSTANTIAL CHANGE TO PUD DOCUMENT FOR CAO • 0 Lely Resort PUD Amend Ordinance 15-39 AMENDMENT TO SECTION XV, ATTACHED TO ORDINANCE NO. 15-39, LELY RESORT PUD. The "Deviations from LDC," labeled as Section XV of the PUD Document attached to Ordinance No. 15-39, the Lely Resort PUD. I'MENGINEEKING LELY RESORT PUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 LOCATION MAP • 1,i3 NENGINEERING LELY RESORT PUD INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 SIGN EASEMENT (OoRe 4591 PG. 2868) • • 0 INSTR 4459743 OR 4591 PG 2830 RECORDED 8/3/2010 1:43 PM PAGES 41 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $350.00 • 0 • This instrument prepared by/ Record and return to: Eleanor W. Taft, P.A. 2647 Professional Circle, Suite 1203 Naples, Florida 34119 TRIANGLE PLAZA AT LELY RESORT COMMERCIAL NEIGHBORHOOD DECLARATION OF RESTRICTIONS, COVENANTS AND GRANT OF EASEMENTS THIS DECLARATION of Restrictions, Covenants and Grant of Easements is made and entered into as of the Effective Date set fololelowJby STOCK DEVELOPMENT, LLC, a Florida limited liability company O�WII�NSSETH- WHEREAS, CoU "Property"); and WHEREAS, Decl Lely Resort Planned Unit D Records Book 19091 at Page from time to time ("Lely PUl WHEREAS, the Property separately; and lent, referred to in the Public Re EO the attached Exhibit A (the in accordance with the -15, recorded in the Oficial County, Florida; as amended parcels of land to be developed WHEREAS, the Declarant desires to subdivide a portion of the Property described in the attached Exhibit B (the "Bank ParceI"); and WHEREAS, the Property less and except the Bank Parcel is described in the attached Exhibit C (the "Declarant Parcel"); and WHEREAS, Declarant desires to create and maintain a quality development with restrictions, covenants, servitudes, impositions, easements, charges, liens as otherwise set forth herein. NOW, THEREFORE, Declarant hereby declares that the Property lying and being in Collier County, Florida is and shall be held, transferred, sold, conveyed and occupied subject to the restrictions, servitudes, impositions, easements, charges and liens hereinafter set forth to wit: OR 4591 PG 2831 • ARTICLE I DEFINITIONS AND MEANINGS In addition to any other terms that are defined in this Declaration, the following capitalized terms shall have the following meanings: 1.1 `Building Area" shall mean the limited areas of each Parcel within which buildings (which for this purpose of this document shall include any appurtenant canopies, supports, loading docks, truck ramps, and other outward extensions, as well as attached trash compactors and utility transformers, drive -up or drive thru lanes and automated bank teller machine kiosks and appurtenant facilities) may be constructed, placed or located on each Parcel. 1.2 "Commercial/Professional Use" shall mean such uses as are permitted under the Commercial/Professional (C-2and C- ' 'ct pursuant to Paragraph V of the Lely PUD. Or' A� ,R Cpt j�� 1.3 "Common Area" shall ed to mean and inc all areas within the exterior boundaries of each P 1 uiI ' g Ar . w 'ch per this Declaration are to be used for the gener n -e ususe, c nveni cc d benefit of any Owner or Occupant of any P el; ma from time to time be • constructed or instal on ' t r common use or benefit of the Owners and Oc 'r t r invitees, including, without limitation: iti# ys, driveways, p g ces, exits, access drives (including paving, stn , and curbing and , s ks, landscaping, lighting; pylon or monument si Parcel (exclusive ual tenant sign panels); directional or traffic signs, Surface W ement System. C 1.4 "Declarant" shall mean STOCK , LLC, a Florida limited liability company, and those successors and assigns to which Declarant's rights and obligations as Declarant hereunder are specifically assigned by Declarant pursuant to Paragraph 4.6 and/or Article 14 hereof, provided that any such assignment of such rights and obligations shall be evidenced by an instrument executed by Declarant and the Association and recorded in the Public Records of Collier County, Florida. 1.5 "Declaration" shall mean this Triangle Plaza at Lely Resort Commercial Neighborhood Declaration of Restrictions, Covenants and Grant of Easements. 1.6 "Leasable FIoor Area" shall mean floor area calculated in square feet located within buildings constructed or to be constructed on a Parcel within the Property, which Leasable Floor Area shall include, without limitation: the ground floor area within said buildings; enclosed vestibules; exclusive passageways; basements; storage areas; mezzanines; outdoor garden shops, outdoor balconies, patios, other outdoor area utilized for retail sales or food or beverage service, or sales areas; exclusive enclosed loading areas. Notwithstanding the foregoing, Leasable Floor Area shall not include covered or uncovered drive -up or drive thm lanes or automated bank teller machine kiosks. 0 OR 4591 M 2832 1.7 "Occupant" shall mean any Owner or tenant, subtenant, assignee, concessionaire, or licensee who, from time to time, is entitled to use or occupy all or any portion of a Parcel within the Property, under an ownership right or any lease, sublease, assignment, concession, license, or other similar agreement. 1.8 "Owner" or "Owners" shall mea, individually or collectively, as the case may be, any person or entity owning from time to time fee simple title to all or any portion of a Parcel. If more than one person or entity owns fee simple title to any Parcel, they, collectively, shall be deemed the "Owner" of such Parcel. 1.9 "Parcel" or "Parcels" shall mean, individually and collectively, as the case may be, those subdivided portions of the Property currently created or created in the future for the purpose, whether immediate or future, for sale or building upon. The terms "Parcel" and "Parcels" shall not include traWnft within the Property to be dedicated to the Association described in Artiwithout limitation any tract exclusively encompassinimilar portions of the Property or which is in part of the S ement 1.10 "Parcel Sign" and "P Si 1 in ivid y d collectively, as the case • may be, pylon or mo an or Occupant of a Parcel which are located i P t I i ' and "Parcel Signs" shall not include the sign be w is the subject of the Master Sign Easement. J� 1.11 "Plat" shall mean the P ly Resort Pham ed in Plat Book 16 at Page 87 in the Public Records of unty, Flori G 1.12 "Shared Entry" shall mean that on Area consisting of (i) the entrances and exits between the Property and the adjoining publicly dedicated rights�o8 way, and (ii) without limiting the general applicability of (i), the driveway area extending from said entrances and exits to the Triangle Boulevard right of way,. 1.13 "Surface Water Management System" shall mean those portions of the Property which are designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over drainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges from such system including, but not limited to all lakes, retentions areas, culverts and related appurtenances. 1.14 "Utility Lines" shall mean, collectively, the Common Utility Lines and Parcel Utility Lines which are defined as follows: 1.14.1 "Common Utility Lines" shall mean those facilities and systems for the • transmission of utility services, including but not limited to water, irrigation, power, OR 4591 PG 2833 cable, telephone, cable, drainage of sanitary sewage, and drainage and storage of surface water which are installed to provide the applicable service on the Parcels or to the Common Area; and 1.14.2 "Parcel Utility Lines" shall mean those facilities and systems for the transmission of utility services, including but not limited to water, irrigation, power, cable, telephone, cable, drainage of sanitary sewage and drainage and storage of surface water which are installed to provide the applicable service exclusively to each Parcel within the Property. For purposes of this Declaration, a Utility Line extending between a Common Utility Line and a building shall be considered a Private Utility Line. ARTICLE 2 SCOPE; TERM; RIGHTS OF GENERAL PUBLIC AND OCCUPANTS 2.1 Scope. The within restrictio , and easements are essentially necessary for the use and a Prop portions thereof, and are for commercial and econo c fit of the Owners o perry and Parcels, and, subject to the provisions of P thei ccu p ts. Regardless of whether or not they are specifically en on r y ds or nvey c of all or any portion of the Property, as the case a eac restriction, covenant, condition, and ease ent o s with the title to the • individual Parcel an O cupants thereof, their respective heirs, succ , successors -in -ti 1 tatives and assigns. Any Owner shall be bound 's Declaration onl t 1(s), or portion thereof, owned by same. In ad i Owner shall be b is Declaration only during the period it is the fee si er of such P { portion thereof, except as to obligations, liabilities or res accrue during said period of ownership. 2.2 Non -Liability of Declarant: Declarant shall not in any way or manner be held liable or responsible for any violation of this Declaration by any person or entity other than itself. 23 Term. The easements set forth in this Declaration shall be perpetual in duration unless otherwise specifically provided. The restrictions, covenants and conditions set forth in this Declaration shall be binding upon and enforceable against Owners and Occupants for a period of twenty five (25) years from the date this Declaration is filed in the public records maintained by the Clerk of Court for Collier County, after which time, such restrictions, covenants, and conditions shall be automatically extended for four (4) successive periods of twenty five (25) years each unless the Owners of all Parcels and the holders of the first mortgages encumbering the Parcels shall execute a termination of this Declaration in recordable form and file same in the public records maintained by the Clerk of Court for Collier County. In the event any law prohibits any such restrictions, covenants, and/or conditions from being enforceable for a period in excess of twenty five (25) years, or beyond any other stated period, Declarant is granted a power of attorney, coupled with an interest, to rerecord this Declaration at any time and from time to time 0 OR 4591 PG 2834 • for the purpose of extending the enforceability of same as contemplated by this Paragraph 2.3. 2.4 No Rights in Public Generally. 'fie easements, restrictions, covenants and conditions created, reserved, granted and established in this Declaration do not, are not intended to, and/or shall not be construed to create any easements, rights or privileges in and for the benefit of the general public. Notwithstanding anything to the contrary contained herein, each Owner shall have the right to prohibit or limit any solicitation, petition signing, distribution of literature, collection of money, giving of speeches, leafleting, picketing, carrying of signs, canvassing, demonstrations, or similar activities within that portion of the Common Area located on said Owner's Parcel if owned by same, as the case may be. 2.5 Rights of Occupants. With respect to the easements created by this Declaration, each benefiting Owner shall be entitled to designate from time to time which, if any, of its Occupants shall be entitled to utilize such easements. No independent rights shall be created by this Decl " is, except for those which may be terminated or withdrawn ay - e gh whom such rights were derived. �ca • 3.1 Construction of Co oWnmtwnditi ve encs within the Common Area shall be coctrl' e , in accordance with good engineering standard 9rct ' ac or with plans approved in advance by of Dec]le 4. ti as a as buildings and/or Common Area improvected on a thereof shall maintain such Parcel in nditi all take such measure as arenecessary to control grosmer or debris. 3.2 Parking Area. All parking areas within a Parcel shall be constructed in accordance with a plan approved in advance by Declarant in accordance with Article 4, and shall conform to applicable governmental laws, codes, ordinances, roles, and regulations. 3.3 Lighting. Each Owner shall keep its Parcel (including any signs located thereon) fully illuminated each day from dusk until at least 10:00 p.m., or such longer period of time as the Owner of such Parcel may deem appropriate. Each such Owner further agrees to keep any exterior building security lights on from dusk until dawn. 3.4 Signage. No signs shall be erected within any Parcel, other than (i) signs required by applicable governmental laws, rules and regulations, (ii) the Parcel Signs approved by Declarant in accordance with Article 4, (iii) signs which may be erected by an Owner within its Parcel providing notice of the prohibition or limitation of activities described in Paragraph 2.4 hereof. The prohibition against the erecting of signage contained in this Paragraph 3.4 includes, bre is not limited to, the parking by any Occupant, except temporary parking for the purpose of loading and unloading goods, materials, and • products, of vehicles bearing signage identifying such Occupant in the Common Area OR 4591 PG 2835 3.5 Grant of Master Sign Easement. Declarant, as Owner of Bank Parcel, hereby declares, establishes, creates, creates, and grants for the benefit of the Declarant, as Owner of the Declarant Parcel, and as a burden upon the Bank Parcel, the perpetual, appurtenant right, privilege, and easement for the installation, maintenance, repair and use of a monument sign within a portion of the Bank Parcel described upon Exhibit E hereto. The foregoing easement is hereinafter referred to as the "Master Sign Easement." The sign which is the subject of the Master Sign Easement shall be maintained subject to the requirements and restrictions of applicable laws, regulations, codes and permits. Each Owner may have the right to install a placard or face within such sign, subject to space availability which cannot be guaranteed, 3.6 Intentionally Deleted. 3.7 Modification or Alteration. No Own Hake material changes to the improved Common Area on its Parcel t�ta s 'Declarant in accordance with Article 4; which approval shall no y conditioned, provided, however, each Owner shall have a(p 4 from time to tim obtaining the consent or approval of Declarant, o wn exp i ificant change, modification, or alt io in io f th mmo A located on such Owner's Parcel, subject to the oil (i) the accessibil for s and vehicular traffic (as it relates to the Parcels) is not Iy r 'ted or hindered; (ii) the Collier Co arking ratio and nts are met; (iii) no change shall a to the Shared access points between the Common Area an ants or ts; (iv) no building, fence, o d unreasonably prevent or obstruct parking, or the passage o estrian travel for the purposes herein permitted, shall be erected or permitted within or across any parking area, roadway, driveway, entranceway, or sidewalk located on any Parcel; provided, however, the foregoing provision shall not prohibit the installation of landscaping, berms or planters, nor of limited curbing and other forms of traffic controls, and (v) such modification or alteration shall comply with all applicable governmental laws, rules and regulations. 3.8 Parking Area Relocation. Notwithstanding anything to the contrary contained herein, each Owner shall have the right at any time, and at its sole cost and expense, to relocate, alter or change any parking areas on an Owner's Parcel if: (r) the Owner of such Parcel pays all costs incurred in connection with such relocation, alteration or change, (ii) such relocation, alteration or change is completed so as to minimize interference to the Owners and Occupants of the Property and other Parcels and has the same intersecting point at any adjacent Parcel; • • 0 OR 4591 M 2836 E (iii) such relocation complies with the terms and provisions of Paragraph 3.5(i) -(iv) hereof; and (iv) to the Owner of such Parcel shall have received Declamnt's approval of such relocation, alteration or change in accordance with Article 4. 3.9 Maintenance. Subject to express terns and provisions of this Declaration to the contrary, each Owner, at its expense, shall maintain, or cause to be maintained in good order and in a sightly and safe condition, free from rubbish and adequately drained the portion of the Common Area within its Parcel, including without limitation all Common Utility Lines therein. The minimum standard of maintenance for the Common Area on all the Parcels shall be comparable to the standard of maintenance followed in other first class retail developments of comparable sin in the Naples, Florida market area, and in compliance with all applicable governmental laws, regulations, codes and permits. All Common Area improvements to the Parcels shall be repaired or replaced with materials at least equal to the quality of the materials aired or replaced so as to maintain the architectural and aesthetic It nXf�ylithe Parcels as a whole. Following the constmction of improv n a tenance of Common Area within such Parcel shall includ , ut limitation, main d repairing all sidewalks and the surface of the park' g areas, movi al part, debris and other refuse from and periodically pi and ad t the extent necessary to • maintain the same in cl at taming appropriate lighting fixtures for the parki g an a g ing, directional signs, lines and striping as need . 1 g, ing any and all such other duties as are access aintain such Co n ca lean, safe, properly drained and orderly ,1 condition. t as otherwise e s ed in this Declaration, once constructed, in the even damage to or d Qq f all or a portion of the Common Area on any P at of sue ha11, at its sole cost and expense, with due diligence repair, on Area to its condition prior to such damage or destruction (or wr as as shall not conflict with this Declaration). Subject to the requirements and restrictions of applicable laws, regulations and codes and to the provisions of Article 14 below, Declarant shall maintain the sign and related improvements within the Master Sign Easement in sightly condition and in accordance with Design Guidelines approved by Declarant, in its reasonable discretion. All utility and related charges pertaining to such sign shall be an assessment as contemplated in Article 8 herein. Each Owner maintaining a placard or face within such sign shall be responsible, at its cost and expense, for the maintenance of such placard or face and shall maintain same in sightly condition. At any time that a business is not operating within a Parcel with the right to maintain a placard or face within such sign, the Owner of such parcel shall be required to maintain a white placard or face within such sign. Subject to the requirements and restrictions of applicable laws, regulations and codes the Owner of a Parcel that installs a sign approved by Declarant as contemplated herein, shall maintain the sign and related improvements in sightly condition and in accordance with • Design Guidelines approved by Declarant, in its reasonable discretion, and the Owner of OR 4591 PG 2937 each Parcel shall be responsible for the payment of all utility and related charges pertaining to such Parcel sign. . ARTICLE 4 BUILDING IMPROVEMENTS 4.1 Location of Buildings. All buildings located within the Property shall be located only within the Building Areas approved by Declarant. Leasable Floor Area for the buildings to be situated within the Property, shall be subject to the prior written approval of Declarant. Declarant's approval shall not unreasonably withhold or condition its approval of the proposed Building Area or the proposed Leasable Floor Area within any Parcel, nor impose any restriction or requirement in connection with such matters which is inconsistent with applicable laws, regulations or codes. The process for the submission of such matters for approval and for the review and approval or disapproval of such matters shall be as set forth below. R co 4.2 Design Review. Declaran rs ral theme for the exterior of all buildings, building sign other structures ovements to be constructed, placed, or located wi n , "ncludin impro is within Common Area (reference Paragraph .1 d p 5)'1 ve is within parking areas (reference Paragrap 3.2( ference Paragraph 3.4), (the • "Development Guid lin t . 1i with the Development Guidelines, any any i vements within a Parcel shall submit to Decl hitectural plans, in in elevations, drawings, and/or such other p umentation or inf bly required by Declarant with respect planned improv em "Plans") for approval by Declarant prior to the co ent of any co ' n. Declarant shall review such Plans and provide the requ tten approval or specific written objections to such Plans within ollowing Declarant's receipt of such Plans. Declarant shall not unreasonably withhold or condition its approval of any matter submitted for Declarant's approval in accordance with this Paragraph nor impose any restriction or requirement in connection with such matters which is violative of applicable laws or codes. Notwithstanding the foregoing, Owners acknowledge and agree that the Design Guidelines may be stricter or more onerous then the applicable laws and codes. Upon the issuance of any disapproval or recommendation for change, the submitting Owner and Declarant shall consult mutually to establish approved Plans for the proposed construction. Approval of Plans by Declarant shall not constitute assumption of responsibility for the accuracy, sufficiency, or propriety thereof, nor shall such approval constitute a representation or warranty that any Plans comply with applicable laws. Construction of any such buildings or other improvements requiring Declarant's approval in accordance with this Declaration, including without limitation modifications of existing improvements, shall not be commenced until the Plans for same shall have been approved in writing by Declarant. Except as may be approved by Declarant in writing in accordance with this Paragraph, no material deviation shall be made from the approved Plans. Notwithstanding the foregoing, Declarant acknowledges and agrees that the plans and specification s submitted to Declarant, prior to the recording of this Declaration, for 0 M 4591 M 2838 • the Bank Parcel are bereby approved, as evidenced by the written approval of Declarant, and exempt (only as to said do iations) from the Design Guideline in the event such plans and specification deviate from the Design Guidelines. 4.3 Building Signage. No signage shall be placed on any building located on any Parcel without the prior approval of Declarant. The Plans for any such signage otherwise permitted hereby must first be approved by Declarant in accordance with Paragraph 4.2 hereof. 4.4 Construction. 4.4.1 Continuous Construction: (i) Once construction within any Parcel has commenced, unless waived in writing by Declarant, in its s bsolute discretion, Owner shall diligently continue construction igBlt cept for reasons of force majeure and completnwit in a twelve (12) months for buildings with Leasable F less then 10,000 ect and (b) twenty four (24) months for bui in able F or A gr ter than 10,000 squarefeet. • Except as pr 'd s t diligently continue construction fte O e e I in from Declarant demanding Owner to dil ion ' in ' (30) days of Owner's receipt of required by this D and n, t shall have in addition to all of its ri d remedies for b laration, the right, but not the obligation, t t fp hase all or part o at ninety percent (90%) of the purchase price Owner for of the Property, less any reasonable attomey's s transfer fees, recording charges or other closing costs in in connection with such repurchase (herein called "Repurchase Price"). Real estate taxes, assessments, certified liens, Lely Resort Community Development District Taxes and/or assessments and utility stand-by (charges) for the portion of the Property being repurchased shall be prorated as of the date of closing of the repurchase. If the real estate tax bill for the year of the closing has not yet been issued, than the proration shall be based on the prior year's taxes provided, however, that upon receipt of the tax bill, each party agrees with the other to repromte and pay said real estate taxes within fifteen (15) days of receipt of said tax bill using the four percent (4^/") discount amount. Owner shall famish a title insurance policy in the amount of the Repurchase Price naming Declarant (or it assigns) w the insured party. If Dmlarant (or it assigns) shall elect to exercise such option to repurchase the portion of the Property, the option shall be exercised by Declarant (or it assigns) within sixty (60) days of the date that Owner fails to diligently continue construction as aforesaid. If the option is exercised, Declarant (or its assigns) shall pay the Repurchase Price in cash and Owner shall deliver to Declarant (or its • assigns) a special warranty deed to the portion of the Property being repurchased; and at or in connection with such repurchase closing, Owner shall pay and satisfy OR 4591 PG 2839 • all liens and mortgages encumbering the portion of the Property being repurchased which were imposed on the portion of the Property during the period of time Owner owned the portion of the Property and Owner shall pay for the title insurance premium, the title search fees, the title closing costs, the title examination fee, all documentary stamps to the special warranty deed in favor of Declarant, and the cost of recording the special warranty deed. All planning and design work may be utilized by Declarant. If Owner has mortgaged any part of the portion of the Property to an institutional lender, the exercise of the foregoing right will not affect such lender's mortgage unless and until the lender has been provided written notice of Owner's default hereunder and an opportunity to cure such default within thirty (30) days after receipt of such notice. 4.4.2. Construction activities on any Parcel shall not: (i) cause any un a increase in the cost of constructing improv rty and/or another Owner's Parcel; (ii) inter ere ction being performed on the P and/or any other P , terfere th theccupancy, or enjoyment of th m any er P el the Owner or Occupants of ul i -ei; r • (iv) an b "1 " , P or th r improvement within any oth be in violation of any law, regulation, order, ord thorized by any city, county, federal governm ent or agency thereof 'wisdiction over O 4.4 Maintenance. After compI ding improvements, including but not limited to the Parcel Signs, on h Owner, at its own expense, shall maintain and keep such improvements, including but not limited to Parcel Signs, located on its Parcel in a condition and state of repair comparable to the standard of maintenance followed by other first class retail developments of comparable size in the Naples, Florida market area, and in compliance with all laws, Hiles, and regulations of governmental authorities exercising jurisdiction thereover, and in compliance with the provisions of this Declaration. Each Owner of a Parcel shall store all trash and garbage in adequate containers, shall locate such containers such that they are not readily visible from the parking area, and shall arrange for regular removal of such trash or garbage. 4.5 Damage or Destruction of Building Improvements. In the event any of the building improvements on a Parcel, including but not limited to building signage, are damaged by fire or other casualty, the Owner upon whose Parcel such building improvements, including but not limited to Parcel Signs, are located shall immediately remove the debris resulting from such event and such Owner shall either. (i) within 180 days of such damage, repair or restore the building improvements, including but not limited to Parcel Signs, so damaged; 0 Oa 4591 P 2840 is (ii) within 365 days, erect other building improvements according to Plans approved by Declarant in accordance with Article 4, including but not limited to Parcel Signs; or (iii) within 180 days, demolish the damaged portion of such building improvements and promptly restore the area to the same standards as the Common Area either as automobile parking and drive area or a landscaped condition (i.e. seeded and mowed), in which event the area shall be maintained in a manner consistent with the Common Ares until replacement improvements are erected. Such Owner shall elect one of the foregoing options within sixty (60) days from the date of such casualty and, thereafter, promptly commence and diligently pursue completion of such option. 4.6 Design Review Committee. Upon the recordation of an instrument evidencing such assignment, as set forth in Paris larant shall have the right to assign all or nd part of the Plan review avrj�n ' tions reserved in favor of Declarant pursuant to this Article 4 t rewew selected by the Board of Directors of the Associa 'bed in Article 1 . c review and approval rights may be concurrently I and C, may be set forth in the recorded instrument k! ci s' ent such 'gh and obligations, provided • that in the event of a pr al, the decision or determination of the ec is d o n II ng for so long as Declan um owns a Parcel. ('1 F- 5.1 Grant of Reciprocal Ingre "faint hereby declares, establishes, creates, and grants for the benefit en upon, each Parcel, and for the benefit of Declarant and Association in connection with the exercise and discharge by each of its respective rights and obligations hereunder, the non-exclusive right, privilege, and easement for vehicular and pedestrian access, ingress, and egress over and across all roadways, driveways, entranceways and sidewalks from time to time located within the Common Area within each Parcel for the purpose of providing pedestrian and vehicular access, ingress, and egress, but not parking, between the Parcels and publicly dedicated rigbtsof-way abutting said Parcels and/or the Property. The foregoing easement shall not be construed to, and shall not, create any construction or other easement for the installation or construction of roadways, driveways, entranceways and sidewalks by any Owner of a Parcel within Property. 5.2 Grant of Ingress/Egress Fasement. Declarant hereby declares, establishes, creates, and grants for the benefit of each non -Declarant owned Parcel, and as a burden upon the Declarant Parcel, the non-exclusive right, privilege, and easement for vehicular and pedestrian access, ingress, and egress over, upon, across and through a portion of the Declarant Parcel described upon Exhibit F. • OR 4591 PG 2841 • 5.3 Relocation. Notwithstanding anything to the contrary contained herein, each Owner shall have the right at any time, and at its sole cost and expense, to relocate, alter, or change any roadway, driveway, or entranceway, or sidewalk located within the Common Area of such Owner's Parcel, provided such relocation, alteration, or change complies with the terms and conditions set forth in Paragraph 3.7 (i -v) and Paragraph 3.8 (i -v) hereof. 5A No Parking Easement. This Article 5 is not intended to, and does not, create for the benefit of any Parcel any right, license or easement for parking purposes upon another Parcel. 5.5 Avoidance of Prescription. Anything to the contrary contained in this Article 5 notwithstanding, the Owner of each Parcel shall be entitled to interrupt or disturb the passage of vehicular and pedestrian access, ingress, and egress over and across all roadways, driveways, entranceways, and sideways from time to time located on that portion of the Common Area locatedAn.saidOOwner's Parcel for a period not to exceed one (1) day in each calendar prescriptive easement rigs 6.1 Grant of Easement. e benefit of, and as a easement in, to, over, each Parcel necessary connection, repair, rel sanitary sewers, storm communication lines. The .rating the creation of of the public. rat d h s, ates and grants for the • 1, the ve right, privilege, and along, and acro s po of the Common Area within installation, fl sage, use, maintenance, and removal of tt ' including, but not limited to (fire and , gas, electrical, telephone and t� shall be no larger than whatever is necessary to reasonably der of such service if the Utility Line is to be owned by a public utility, or five (5) feet on each side of the Utility Line if the Utility Line is to be owned by an Owner. The Owner of the Parcel burdened by such easement shall have the right to require, at the expense of the Owner of the Parcel benefitted by such easement, that a copy of an as -built survey of such Utility Line be delivered to the Owner of such burdened Parcel after installation of the Utility Line. 62 Location of Utilities. All Utility Lines (including Utility Lines serving Florida Power and Light, its successors and/or assigns, facilities) shall be underground except: (i) pad mounted electrical transformers, if any, shall be located at the rear of a building, (ii) as may be necessary during periods of construction, reconstruction, repair or temporary service; (iii) as may be required by governmental agencies having jurisdiction over the Property and/or Parcels; or (iv) as may be required by the provider of such service. 0 OR 4591 M 2842 • 6.3 Relocation. Subject to the requirements of Article 4 concerning Declarant's prior approval of the Plans, any Owner shall the right at any time to relocate a Utility Line located within its Parcel upon thirty (30) days prior written notice to the Owners of Parcels served by the Utility Line to be relocated; provided, however that such relocation: (i) shall not interfere with or diminish the utility service to the Property and other Parcels; (ii) shall not reduce or unreasonably impair the usefulness or function of such Utility Line; (iii) shall be performed without cost or expense to the Declarant and other Owners; (iv) shall be completed using materials and design standards which equal or exceed those originally used; (v) shall have been approved by the provider of such service and the appropriate govemmental or quasi -governmental agencies having jurisdiction thereover and be located within an eeseme for such purpose by a dedication on the Plat; and SER C pt j (vi) shall comply with n con�Ootin,glph 3.7(i -v) hereof. 6.4 Maintenance and Re r. • 6.4.1 Parcel Utility Lines. "n d replace, at its sole cost and expense, its P I it r c d in , regardless of where such Parcel Utility Lines vid ice or a governmental or quasi -governmental 'ty has agreed to ' tai su "lity Lines. Any maintenance and reps on -dedicated utili another Owner's Parcel shall be performed only all ) days notice to f such Parcel (except in an emergency, when the wo initiated wi ble notice), shall be done after normal business hours when rs 'se shall be perforated in such a manner as to cause as little di of such Parcel as is practicable under the circumstances. Any Owner performing, or causing to be performed, maintenance or repair work promptly shall pay all costs and expenses associated therewith, diligently shall complete such work as quickly as possible, and promptly shall clean the area and restore the affected portion of the Common Area to a condition equal to or better than the condition which existed prior to commencement of such work. 6.4.2 Common Utility Lines. Common Utility Lines shall be maintained and replaced as pan of the Common Facilities pursuant to Paragraph 8.1 hereof. 6.4.3 Existing Utility Lines. Any Utility Lines existing within the Property as of the date of recording of the Declaration which do not conform to the requirements and restrictions set forth in this Article 6 are hereby exempted from such requirements and restrictions, provided that such Utility Lines may be relocated by the Owner of the Parcel in which same are located in accordance with Paragraph 6.3, and any such lines, as relocated most comply with the requirements and restrictions set forth herein. OR 4591 PG 2843 • ARTICLE 7 STORMWATER DRAINAGE 7.1 Grant of Easement. Subject to applicable laws, regulations, codes and permits, Declarant hereby declares, establishes, cremes, and grants for the benefit of, and as a burden upon, each Parcel, a perpetual, non-exclusive easement in, over and across the Common Area of each Parcel for the purpose of discharging stormwater draimage and/or runoff from any Parcel upon and across those portions of the Surface Water Management System within the Common Area on any other Parcel. 7.2 Grant of Outflow Easement. Declarant hereby declares, establishes, creates and grants for the benefit of the Association (hereinafter defined), a perpetual, non-exclusive easement in, over and across those portions of the Surface Water Management System located within the Common Area on tate Parcels in order to provide outflow drainage from the stonnwater efit' This easement does not create a right of riormwater detention o upon rn ace Water Management Systemserving the Parcels, otIt he discharge of pe outflow pursuant to permit(s) issued by the South F rid emep( Di t fi in time -to -time. 7.3 Conditions. The foI�I of t)< pert tights shall be subject to the • following temu and�con�ifr�ns�:� II II (i) The grades o Ca' Parcel and the S ce ate gement System for each Parcel, shall cted in strict c all applicable governmental Hiles, replatio ordinances and the a Penn issued by the South Florida Water M t District (� (ii) No Owner shall alter m the minimum finished floor elevation or grade of those portions of the Common Area located on such Owner's Parcel if such alteration would materially increase the flow of surface water onto an adjacent Parcel or change the rate or concentration of flow or points of discharge from such Parcel. ARTICLE 8 ASSESSMENTS 8.1 Purpose of Assessments. The assessments for common expenses shall mean and refer to all actual and estimated expenditures made or incurred by or on behalf of the Association, together with all funds assessed for the creation or maintenance of reserves, if any, pursuant to the provisions of this Declaration. "Common Expenses" provided for herein shall include costs incurred by the Association in connection with the operation and maintenance of the monument sign and related improvements within the Master Sign Easement, the operation and maintenance of the Surface Water Management System, and the operation, maintenance, repair and reconstruction of other areas and improvements which are the responsibility of the Association, which costs are incurred for the common benefit and enjoyment of the Owners and Occupants of the Property; by way of example OR 4591 M 2644 but not limitation median and buffer landscaping and lighting (exclusive of any improvement installed and maintained by a Parcel Owner other than the Association), all as may be authorized in this Declaration, the Association's Articles and Bylaws and/or applicable laws, regulations, codes and permits. The Association shall not be permitted to maintain buffers, landscaping or other improvements within any Parcel in accordance with the foregoing, unless the Association also maintains all similar buffers, lighting and other improvements within the other Parcels, provided that the Owner of a Parcel may, in its sole and absolute discretion elect to waive the requirement that the Association maintain any improvement on its Parcel in which event the Association shall not be required to maintain such improvement on such Owner's Parcel. For the purposes of this Article, the term "Board" shall mean the Board of Directors of the Association, and the term "Assessments" shall mean all assessments to be levied by the Association in accordance with this Article, including the annual assessments and special assessments of the Associ j$R . herein. 8.2 Creation of Lien and P rgation of Each Omer of a Parcel, by acceptance of a deed or conveyance thereof, eth or not it shall be so expressed in such deed or wnv an eem ant an a to pay to the Association: (i) annual Assessme , ch 0 r en a to be tabu ed d collected as provided • herein and (ii) Speci be lished and collected as provided herein. W t t c P I c s ents, together with late charges, simple in t pe I per annum, and court costs and attorneys' fees i to enforce or col so It ments, shall be an equitable charge and a continui upon each Pa= f which is responsible for payment Each Owner personally liable sments twming due white he or she is the Owner of a P or her take title to such Parcel subject to the equitable charge c 'rT Ir or without prejudice to the rights of such gmntce to recover from his or any amounts paid by such grantee therefor. Any purchaser of a Parcel through a foreclosure sale or a conveyance in lieu thereof shall thereafter be subject to all future Assessments, and same shall be discharged of liability for Assessments becoming payable prior to the date on which it obtains ownership of such Parcel. In the event of co -ownership of any Parcel, all of such co - Owners shall bejointly and severally liable for the entire amount of such Assessments. Assessments shall be paid in such manner and on such dates as may be fined by the Board, provided that unless otherwise provided by the Board, at any time and from time to time, the annual Assessments shall be paid in one (1) annual installment- 8.3 nstallment 8.3 Computation and Approval of Annual Assessments. It shall be the duty of the Board at least thirty (30) days prior to the Association's arcual meeting to prepare and distribute to all Owners a budget covering the estimated Common Expenses anticipated to be incurred during the coming year. The Board shall cause the budget and the proposed total of the annual Assessments to be levied against each Parcel for the following year to be delivered in accordance with this Declaration to each Owner at least fifteen (15) days prim to such meeting. Such proposed budget and annual Assessments shall become 0 effective unless disapproved at the annual meeting by either (i) DeclarantJor so long as OR 4591 M 2845 Declarant has the authority to appoint and remove directors and officers of the Association, or (ii) a vote of a majority of the votes of the Association (provided that a minimum vote of fifty-one percent (51°/6) of all the votes of the Association shall be required to disapprove the budget With respect to all assessments authorized by this Declaration, each Parcel shall be responsible for a proportionate share of the Common Expenses based on the area of such Parcel in comparison to the area of the Property (not including the area of the Property owned in fee simple by the Association). If any budget at any time proves inadequate for any reason, then the Board may call a meeting of the Association for the approval of a special Assessment as provided in herein. • In the event of any dispute between or among Owners as to the propriety or amount of any expense incurred by the Association, such dispute may be referred to the Association by any party to the dispute, and the decision of a majority of votes of the Association will be dispositive and binding upo I e(?M t er persons or entities affected thereby. Notwithstanding any provi . ty extent that any Owner of a Parcel, or the occupants or invi Parcel, by their t¢e omissions cause damage to any areas or improvements eq ' maintained by m iation the Owner of such Parcel shall be respo ibl lo at r cli or lacement cost which right of reimbursement I b t io 8.5 below. • The budget of estima ay i I de Pd out limitation, the following listed line items: r~ (1) All ex cce=um sary to meet ions responsibility to operate and main monumem sign ated improvements within the Master Sign ater Management System and the other areas an hich are the responsibility of the Association, by way o example bra not limitation median and buffer landscaping and lighting, in accordance with the requirements of this Declaration the Association's Articles and Bylaws and/or applicable laws, regulations, codes and pemtits. The Association shall not be permitted to maintain buffers, landscaping or other improvements within any Parcel in accordance with the foregoing, unless the Association also maintains all similar buffers, lighting and other improvements within the other Parcels, provided that the Owner of a Parcel may, in its sole and absolute discretion elect to waive the requirement that the Association maintain any improvement on its Parcel in which event the Association shall not be required to maintain such improvement on such Owners Parcel. (ii) All charges levied for utility services to the said monument sign and other areas and improvements which are to be operated and/or maintained by the Association. (iii) The premiums on any policy or policies of insurance maintained by the • Association. oR 4591 M 2846 • (iv) The costs of administration for the Association, including the wages any employees reasonably necessary to tarty out the obligations and covenants of the Association under this Declaration. In addition, the Association may retain a managing company or contractors to assist in the operation of the Association and to perform or assist in the performance of certain obligations of the Association hereunder. The reasonable fees or costs of any management company or contractor so retained which do not exceed fifteen (15016) percent of the total budgeted Common Expenses for any calendar year (which total shall exclude such management fees) shall be deemed a Common Expense. (v) All taxes levied or assessed upon any real or personal property owned by the Association by any and all taxing authorities, including all taxes, charges and assessments, imposition and liens for public improvements, special charges and rise rnts. (vi) All of7 Pro'Co*Columy erformed by the Association, includin limitation,ping, as may be required by any dev op or or other governmental • (vii) Reaso b se soft p tat mP rovement, or reco req t the maintained by the 8.4 Special Assessments. ition to the annitW ents authorized above, the Association, acting thro Board, may 1 ti any Assessment year, Special Assessments for Common � t year only, provided that any such Special Assessment shall be app rity of the votes of the Parcel Owners who are voting at a meeting duly called for this purpose. The Board, in its sole and absolute discretion, may make such Special Assessments payable in installments over a period of time which may, in the Board's discretion, extend in excess of the fiscal year in which adopted. 8.5 Liens. All sums assessed against any Parcel pursuant to this Declaration, together with court costs, reasonable attorneys' fees, late charges and interest as provided herein, shall be secured by an equitable charge and continuing lien on such Parcel in favor of the Association. Such liens shall be superior to all other liens and encumbrances on such Parcel except as may be provided by law and except for (i) liens of ad valorem taxes, and (ii) liens arising under any mortgage, deed of trust, agreement for deed or similar encumbrance, including, without limitation, any in favor of Declarant or Declarant's affiliates. Notwithstanding the foregoing to the contrary, the subordination of Assessments to the lien of such mortgages shall only apply to such Assessments which have become due and payable prior to the date on which a purchaser at a foreclosure sale or a grantee by conveyance in lieu thereof obtains ownership. All other persons • acquiring liens or encumbrances on any Parcel after this Declaration shall have been recorded shall be deemed to consent that such liens or encumbrances shall be inferior to OR 4591 M 2947 • such future liens for Assessments as provided herein, whether or not such prior consent shall be specifically set forth in the instruments creating such liens or encumbrances. 8.6 Effect of Nonpayment; Remedies of the Association. (i) Any Assessment of an Owner or any portions thereof which are not paid when due shall be delinquent. Any Assessment delinquent for a period of more than ten (10) days after the date when due shall incur a late charge in an amount as may be determined by the Board from time to time and shall, as of such date, commence to aceme simple interest at the rate of eighteen percent (185511) per annum. A lien and equitable charge m herein provided for each Assessment shall attach w of the date such Assessment is due and payable, and if any installment of an Assessment (to the extent the Association elects to have the Assessments paid on an installment basis) has not been paid within thirty (30) days of the date on which same is due, the entire unpai a sment may be accelerated at the option of the otice from the Association and be declared yable in full. 'ming lien and equitable charge of such ss all include the e c ge established by the Board, intere on a amo ue at a to of eighteen percent (I8%) per um 1 g nable attorneys' fees and court o , d o e d r permitted hereunder or by • late. e e ssm t in ' unpaid after sixty (60) days from n all da e, a OC' may, as the Board shall detenm timte suit to toll u It is and to foreclose its lien. The equ harge and lien n this Article shall be in favor of the A i and each Own s acceptance of a deed or other conveyance 1' sociation and its agents the right and power to b ft him personally for the collection of such Assessments as a debt and/or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property. The Association shall have the power to bid on the Parcel at any foreclosure sale and to acquire, hold, lease, mortgage and convey the same. (ii) No Owner may waive or otherwise escape liability for the Assessments provided for herein, including by way of illustration but not limitation, non-use of the Common Areas or abandonment of his Parcel, and an Owner shall remain personally liable for Assessments, interest and late charges and other sums due hereunder which accrue prior to a sale, transfer or other conveyance of its Parcel. The obligation to pay Assessments is a separate and independent covenant on the part of each Owner. No diminution of abatement of Assessment or set-alf shall be claimed or allowed by reason of any alleged failure of the Association or Board to take some action or perform some function required to be taken or performed by the Association or Board under this Declaration, or the Articles or Bylaws of the Association, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the Association, or from • OR 4591 PG 2848 • any action taken to comply with any law, ordinance, or with any order or directive of the County or other governmental authority. 8.7. The annual Assessments provided for herein shall commence as to each Parcel on the day on which such Parcel is conveyed to a person other than Declarant and shall be due and payable in such manner and on such schedule as the Board may provide. Anything contained herein to the contrary notwithstanding, Declarant shalt not be responsible for the payment of Assessments on Parcels which it owns. For so long as Declarant has the authority hereunder to appoint and remove directors of the Association, Declarant shalt have the option to either pay annual Assessments on Parcels owned by Declarant or to timely fund any deficit which may exist between (i) the total amount of Assessments levied on all Parcels not owned by Declarant and (ii) the actual Common Expenses of the Association during the fiscal year (not including the funding of any reserves for a Parcel on which concoction of above -grade improvements has not commenced); provided, however, that the annual budget of Common Expenses, Assessments, and deficits, if any, shall be annually reviewed by Dec Board, and during such period Declarant's obligation for FG up to the amount of the Association's budget An in funds he a to the Association shall be carried over from year t as to reduce Decl Ps bligation to pay Assessments, and Declarant shall ba n o to es . respect to any Parcel on which construction of bo e. de en has n co eneed if the Board • creates such reserves U e e thority to appoint directors or officers of the As cia o , D I t o i t y to pay Assessments with respect to Parcels o A 8.8 Common Areas and Other Property. provided herein, no areas or improvements owned sociation hereon be subject to assessment hereunder. Further, the fo tion to any land owned by a public agency as long as such land is I" es. In the event of any ambiguity or doubt as to whether any particular o or other land owned by the Association or a public agency is subject to assessment, the determination of Declarant shall be final and conclusive. 8.9 Reserves. Any reserves established by the Association from time to time, whether funded from Annual Assessments or otherwise shall be used only for the purpose originally reserved for in the Association budget and may not be used by the Association for any other purpose, unless such other purpose is approved by a seventy-five percent (750%) vote of all votes in the Association. Notwithstanding the foregoing, the Board of the Association shall have the authority to utilize up to twenty percent (20%) of the amount reserved in any particular Reserve Fund for another capital purpose without the vote or the approval of the Parcel Owners. For example, the Board would have authority to use up to twenty percent (20%) of the amounts reserved for road repairs for a drainage repair without requiring a vote of the Members. However, the Board shall not have the authority to use reserved funds for Operating Expenses, or for any other purpose except upon the required vote of the Members of the Association. 0 OR 4591 M 2949 • ARTICLE 9 RESTRICTIVE COVENANTS 9.1 Prohibited Uses. Without the prior written consent of the Declarant, no portion of any Parcel shall be used for any of the following purposes: a dry cleaning plant (exclusive of a dry clean store accepting clothing), skating rink, bowling alley, discotheque, dance hall, nightclub, amusement gallery, outdoor recreation or amusement facility, pool room, adult entertainment facility, gymnasium, massage parlor, adult book store, pinball or electronic game room, a so-called "head -shop", funeral parlor, flea market, bingo parlor, cafeteria, sales of automobiles, car wash other than a self service car wash operated in connection with a gas station/convenience store operation. 9.2 The use of the Property shall also be subject, inter Jig, to the following conditions: (i) All permitted or drive thru lanes serving a bank, savings and loan o ed bank teller machine kiosks and appurtenant s, and outdoor „ area for restaurants, shall be (ii) There h o any materials, products or goods; and th a o a s , streamers, balloons or the • like permitt 1 0 on y of the Property or on any building, sten o chic n pe k sales as determined by Declarant in is sole diseretio I itted =less approved by Declamnt in De 's sole discretion. G (iii) There shall rW at, in the reasonable opinion of Declarant (or the , is or may be or become a nuisance to the Owners and/or Occupan o other Parcels because of dust, dirt, smoke, fumes, odors, noises or vibrations, and there shall be no outside paging systems or loudspeakers permitted within the Property, except those within any drive -up or drive thm lanes serving a bank, savings and loan or similar business; (iv) Except automated bank teller machine kiosks and appurtenant facilities serving a bank, savings and loan or similar business, there shall be no free- standing "kiosk" type buildings or small light structures permitted in the parking area, service area or building setback area of any portion of the Property =less approved by Declarant in accordance with Article 4; and (v) All service and deliveries for any building(s) on the Property shall be contained to the rear of the building(s) where physically possible, or to designated service and delivery areas as approved by Declarant in accordance with Article 4. 9.3 Enforcement In the event any Owner or Occupant shall violate any of the provisions of this Article 9, and upon notice to the Owner or Occupant of the applicable Parcel of such • OR 4591 PG 2850 • violation, the Owner seeking to enforce this Article 9 shall promptly commence and expeditiously pursue any and all remedies available for the enforcement of said provisions, including, without limitation, injunctive relief against such Owner or Occupant. Any expense, including, without limitation, reasonable attorney's fees and court costs, incurred by any Owner in the enforcement of the rights set forth in this Article 9 shall be paid to the party enforcing this Article 9 by the Owner or Occupant that is in violation of this Article 9. 9.4 No Waiver. No delay or failure on the pan of any Owner in the enforcement of its rights pursuant to this Article 9 shall impair enforcement, or be construed as a waiver, of any such right, or constitute acquiescence to the breach or violation thereof. No waiver of its rights pursuant to this Article 9 shall be valid as against any Owner unless made in writing and signed by such party, and then only to the extent expressly set forth therein. 10.1 Liability Insurance. It inth Pro shall maintain or cause to ned in be maintaif mpre ive en liability insurance • covering such Owner s P e it liability of not less than $1,000,000.00 per oc t limit for bodily or personal injury or d e nclude a waiver of subrogation. Such in a shall be proc m le insurance companies authorized to engage i usiness of genera ance in the State of Florida and shall provide for pa f claims on an me asis. Each Owner within the Property agrees to famish a Owner , as applicable, requesting the same a certificate of ins insurance required to be carried by such Owner is in full force and a ce coverage required by this Paragraph 10.1 may be provided in the form of a "blanket policy" of insurance covering the Owner's Parcel and other properties, provided that (i) the amount of the total insurance available shall be at least the protection equivalent of individual policies in the amounts herein required, and (ii) in all other respects, any such policy shall comply with the applicable provisions of this Article 10. 10.2 Self Insurance. The provisions of Paragraph 10.1 of this Declaration, entitled "Liability Insurance" to the contrary notwithstanding, an Owner may elect not to procure such general liability insurance, provided that at the time of such election the aggregate net worth of such Owner is not less than $50,000,000.00. If and when such Owner shall elect not to procure such insurance as aforesaid, then such Owner shall, within one hundred twenty (120) days from the end of such Owner's fiscal year, give notice thereof to Declarant, which notice shall certify that such party's net worth is not less than $50,000,000.00. In addition, simultaneously with the delivery of said notice, such Owner shall verify the net worth requirements by delivering to Declarant either (i) unaudited financial statements of such Owner for such party's most recent fiscal year, which • financial statements shall be prepared in accordance with generally accepted accounting M 4591 M 2651 principles and certified as true and correct by the chief financial officer or partner of such Owner, or [t) in the event Tenant is a publicly traded company, a copy of Tenant's Annual Report (I C -K) filed with the Securities and Exchange Commission for the year immediately preceding such notice. Therefore, upon request by Declarant, such Owner shall cause similar financial information to be delivered to DmIarant. Upon the giving of said notice and delivery of such financial information by such Owner, such Owner's obligation to carry liability insurance pursuant to Paragraph 10.1, shall be suspended for so long as such party's net worth equals or exceeds $50,000,000.00. 10.3 Waiver of Subrogation. Each Owner and Occupant (the "Relemot) hereby releases and shall release the other Owner and/or Occupant (the "Releasee') from any and all liability or responsibility to the Releasor or anyone claiming through or under the Releasor by way of subrogation or otherwise for any incurred loss or damage to any person or property caused by fire or other peril or other such loss, damages, or other such loss, damages, or other insuredevent or of the Releasee, or anyone for whom such Releasee may be responsible °1 t this release shall be applicable and in force and elle-, only ' o oss occurring during such time as the Releasor's policy or k`n of insurance s 'n a waiver of subrogation endorsement, to the a ect rel shal of versely atlect or impair said policy or policies or ju ice e ' t the mor over thereunder. 11.1 Liens. In the event an hanic's Iter is fit roperty or a Parcel as a result of services performed terials furnished a or Occupant of another Parcel, such Owner or I cause suc released and discharged of record within thirty (30) da r ch lien, either by paying the indebtedness which gave rise to sting bond or other security as shall be required by law to obtain such release and discharge. Additionally, the other Owner permitting or causing such lien to be filed shall indemnify, defend, and hold harmless the Owner of the Parcel upon which said lien was filed against any liability, loss, damage, costs, or expenses (including reasonable attorney's fees actually incurred and cow costs) on socowt of such claim of lien. ARTICLE 12 GENERAL 12.1 Amendment. The provisions of this Declaration may be abrogated, modified, rescinded or amended in the whole or in part by the Declarant, in Declamat's commercially reasonable discretion; without the consent of any other Owner with regard to all or any portion of the Property. Any abrogation, modification, rescission or amendment made pursuant to this paragraph, shalt not be materially diminish a Parcel Owner's rights or be materially adverse to a Parcel Owner, wiUrom the joinder and consent of that Parcel Owner. Any such instrument shall be executed with the same formalities as this document and shall become effective upon recording in the Public Records of Collier • OR 4591 M 2852 Ll County, Florida. A copy of same shall be delivered to each Owner at least five (5) days prior to recordation. 12.2 Enforcement. This Declaration may be enforced by Declarant or any Owner by an action available at law or in equity, including but not limited to injunctive relief and specific performance. In the event the Owner (the "Defaulting Owner') of a Parcel defaults in the performance of any of its obligations pursuant to this Declaration and such default shall continue for a period of thirty (30) days after receipt of written notice of said default from Declarant or any other Owner (the "Non -defaulting Owner"), Declarant or the Non - Defaulting Owner shall be entitled to core such default, provided (i) the Defaulting Owner is not then in the process of diligently attempting to cure the default, and (ii) no notice or opportunity to core shall be required in the event the default creates an emergency or interferes with the use of the Non -defaulting Owner's property. Any and all expenses incurred by the Declarant or the Non -defaulting Owner in curing such default, together with fifteen percent 1 r annum interest thereon shall be payable by the Defaulting Owner with' ROD& "tten demand therefor by Declarant or the Non -defaulting O n the event of enforcement of this Declaration by Decl any Owner, Decl aid Owner shall be entitled to recover, in addition to y availabl los he oder or at law or in equity, attomeys' fees, court os . In n en or ement f t is Declaration by Declarant or any Owner, Decl t over, in addition to any • other relief available o her t i 'ty attomeys' foes, court costs, and interest on any r to cure such violation, such interest to be cal at the lesser of rat of equal to five percent (51%) above the then- prevailing rate of in the area in which the Pancels are located, or (i ighest rate period aw of the State in which the Plat is recorded. FTH CJ� 12.3 Partial Invalidity. In the event an is Declaration is determined to be illegal or legally unenforceable, such determination shall have no effect upon the remaining terms and provisions hereof, and the remaining terns and provisions hereof shall continue in full force and effect. 12.4 Notice. 12.4.1 Form. Every notice, demand, consent, approval, or other document or instrument required or permitted to be served upon or given to any Owner shall be in writing and shall be delivered in person or sent by nationally recognized express courier or registered or by certified mail, postage prepaid, return receipt requested, and, if to Declarant shall be delivered to the following addresses, respectively: If to DeclaranC Stock Development, LLC 2647 Professional Circle, Suite 1201 Naples, Florida 34119 Atm: Chad Kocses • OR 4591 M 2853 • With a Copy to: Eleanor W. Taft, P.A. 2647 Professional Circle, Suite 1203 Naples, Florida 34119 and, if to any Owner, at an address specified in the manner set forth in Paragraph 12.42 hereof for change of address. 12.4.2 Change of Address. Any Owner may specify or change the place for service of notice by sending a notice to the other Owner(s), which notice shall become effective ten (10) days after delivery thereof. All such notice addresses shall be within the United States. 12.4.3 Notice to Lender. If a lender has theretofore sent a written notice to an Owner which expressly states that it is the holder of a security interest in a Parcel, describes the nature of the security interest, and sets forth the name and address of such lender, then until such Owner receives a written notice to the from such lender, such Owner shall send to such lender copies of all no " 'moi any other, Owner pursuant to this Paragraph 12.4. 7 T� 12.5 Indemnity. Each Own (h ' 'duall ."Ind 'to shall defend, indemnify, and hold harmless the o (indi 'du ly and collectively "Indemnitee') from I cl ' d costs Including reasonable attorney' fee i c ) ting from any • construction, includi 'nj I or age occurring to any person or to the pro any person arisin ut o or ing from the Indemnitor's exercise of the rights, gas, and essemrn in (provided, however, that the foregoing shall not 'cable to events o ces caused by the negligence or willful act or omission emnitee), or from the Indemnitor's violation of any of the restrictions, co js lished hereby. 12.6 Environmental Indemnification. Each Owner shall indemnify and hold harmless the Declarant and all other Owners from and against any and all costs, claims, suits, causes of actions, losses or damages resulting from the presence or removal of Hazardous Materials stored, installed or deposited on or delivered to the indemnifying Owner's Parcel during the period of ownership thereof by such indemnifying Owner. No person or entity shall be liable for acts or claims arising from acts not occurring during the period such person or entity owned or owns the Parcel to which such acts or claims relate. As used herein, the term "Hazardous Materials" means any material or substance that is toxic, ignitable, reactive or corrosive and that is regulated by the State of Florida, the United States Government or any agency thereof including, without limitation, any and all materials defined as "Hazardous Waste", "Extremely Hazardous Waste", or "Hazardous Material" pursuant to state, federal or local government law, as amended from time to time. Each indemnifying Owner shall be responsible for all costs including, but not limited to, those resulting from monitoring, cleanup or compliance, incurred with respect to any Hazardous Materials stored, installed or deposited on or delivered to a Parcel during the period of ownership thereof by the indemnifying Owner. The terms and provisions of this Paragraph 12.6 shall be perpetual in duration. • OR 4591 M 2854 Ll 12.7 Estoppels. At any time during the term of this Declaration, an Owner may request that Declarmt, the Association and/or each other Owner, or any of them, provide to such Owner, its mortgagee, or a prospective mortgagee or purchaser, within twenty (20) days from such request, an estoppel letter or certificate stating whether such Owner is in compliance with the terms and conditions of this Declaration, whether all assessments becoming due hereunder have been paid and such other information as the requesting party shall reasonably request, and any exceptions thereto. 12.8 No Waiver. No delay or failure on the part of any Owner in the enforcement of its rights under this Declaration shall impair enforcement, or be construed as a waiver of any such right, or constitute acquiescence by any Owner to the breach or violation thereof. No waiver by an Owner shall be valid unless made in writing and signed by the Owner and then only to the extent expressly set forth therein. 12.9 No Merger. Declarant hereby of the date hereof, Declarant arms the Property, and that in the same 9r, tity may own more than one (1) Parcel. Notwithstandin eclaranl hereby that the restrictions, covenants, conditions, and easem is s in shall apply if ch Parcel had separate Owners and that there h be r¢er,nf— ss n�. • 12.10 No Agency. Nothin in i D I t n or onstmed by either party or by any third person s ' o c and agent or of limited or general partners or o ' venturers or of an then s n between the parties. 12.11 Covenants to Run wi It is intended of the easements, covenants, conditions, restrictions, ri obligations erein shall nm with the land and create equitable servitudes a - rty benefitted thereby, shall bind every person having any fee, I r interest therein and shall inure to the benefit of Declarant, the respective Owners of the Parcels, and their successors, assigns, heirs, and personal representatives. 12.14 Grantee's Acceptance. The grantee of any Parcel or any portion thereof, by acceptance of a deed conveying title thereto or the =motion of a contract for the purchase thereof, whether from an original party or from a subsequent Owner of such Parcel, shall accept such deed or contract upon and subject to each and all of the easements, covenants, conditions, restrictions and obligations contained herein. By such acceptance, any such grantee shall for himself and his successors, assigns, heirs, and personal representatives, covenant, consent, andagree to and with the other party, to keep, observe, comply with, and perform the obligations and agreements set forth herein with respect to the Parcel so acquired by such grantee. 12.15 Time of Essence; Force Majeure. With respect to the performance and discharge of the obligations set forth in this Declaration, time is of the essence. In the event that any Owner or Occupant shall be delayed, hindered in or prevented from the performance of • any act required hereunder by reason of strikes, lock -outs, labor troubles, inability to OR 4591 M 2855 procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, the act, failure to act or default of the other party, war or other reason beyond their control, then performance of such act shall be executed for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. 12.16 Entire Agreement. This Declaration contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. 12.17 Governing Law. The laws of the State of Florida shall govern the interpretation, validity, performance, and enforcement of this Declaration, and the proper venue of any actions arising hereunder shall lie exclusively in Collier County, Florida. 12.19 Waiver of Jury Trial. AllOwnersants and any party claiming by, through or under them, or any party clai i t to the terms of this Declaration, do hereby specifically andi rr a ve at y may have to a trial by jury in any action against the D or any other Own t or their successors and assigns, and Decl he an t to j trial it my have in any proceeding against an O e cu lot of th it ccessors and assigns, or any party claiming irate i c waiver being an essential • and material portion f ns r h n r 'n o IN Declaration and imposition of the covenants con pe t• 12.20 Declaration Shall Co Notwithstandin It is expressly agreed that no breach of this Declara I (i) entitle any cancel, rescind, or otherwise terminate this Declamtio ®r defeat or re r id the lien or any mortgage or deed of trust made in good y part of the Property. However, such limitation shall not affect in y other rights or remedies which a party may have hereunder by reason of any such breach. 12.21 Effective Date of this Declaration. This Declaration shall become effective upon its recordation in the Public Records of Collier County, Florida ("Effective Date'). ARTICLE 13 SURFACE WATER DRAINAGE AND MANAGEMENT SYSTEM 13.1 The Surface Water Management System shall be maintained by Declarant or the Association (in the event of an assignment of such rights and obligations as contemplated by this Declaration), in compliance with all laws, regulations, codes and permits of governmental authorities, including without limitation the South Florida Water Management District Maintenance of the Surface Water Management System shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other surface water or stormwater management capabilities as permitted by the South Florida Water Management District and shall specifically include, but not be limited to, maintenance of aquatic vegetation, lake beds, lake banks, littoral • M 4591 w 2656 planting and lake maintenance easements, which pursuant to this Declaration are not the responsibility of others, as well as water quality and wetland monitoring and/or testing. Any repair or reconstruction of the Surface Water Management System shall be permitted, m if modified, as approved by the South Florida Water Management District and Owners. All references to South Florida Water Management District shall include its successors -in -interest. ARTICLE 14 ESTABLISHMENT OF ASSOCIATION AND ASSIGNMENT BY DECLARANT; 14.1 Declarant shall have the right, at any time, but not later than Declarant's transfer of fee simple title of the last Parcel within the Plat, to assign to the Triangle Plaza Neighborhood Commercial Property Owners Association, Inc. a Florida not for profit corporation (the "Association') the right and obligation to perform all or a portion of Declamat's duties, to exereiu al( or of Declarant's rights hereunder, and to assume all or a portion of Dec i0i@" under, all as shall be assigned by Declarant to the Associatio n asst ded in the Public Records of Collier County, Florida signment' ). A cop Association's Articles of Incorporation and By orded the i ant. Upon taking fee simple title to a Parce ea i It t been a ember of the Association. • Each Owner and eac P r er o, shall be subject to the authority and control f o is io i i d es and pursuant to this Declaration. n F 14.2 It is contemplated that or plats may be �eCommonUtility passing the Property or portions thereof in otd wide the Decla Bank Parcel and/or Parcels to be situated wi encompassclarant Parcel. Such plat may be recorded after this (ij,vent. Declarant acknowledges and agrees that the d Lines shall not be adversely affected by such platting. If the Collier County platting requirements require an Owner or mortgagee to execute the plat, no Owner or holder of a mortgage affecting a Parcel shall unreasonably withhold, condition or delay its approval or execution of such plat, and each shall (i) execute and deliver the originals of such plat to any other Owner requesting same within tem (10) days following a written request accompanied by the originals of the approved plat in executable form, and (ii) cooperate in all other reasonable respects to facilitate the approval of the plat from applicable govemmemal authorities and the recordation of such plat. [Signatures on following page) 0 M 4591 M 2857 IN WITNESS WHEREOF, the Declarant has caused this Agreement to be executed by its duly authorized representatives as of the day and year fust above written. DECLARANT: STOCK DEVELOPMENT, LLC, a Florida limited liability mpany By: Ad.: Title: STATE OF FLORIDA COUNTY OF COLLIER The fore ing Declam' acknowledgedayof., 20 A by � a of— Steck Development, LLC, a Florida firm ' ' Carl ' f of the company. He is personally known to me. TKE CIRC' N W.I Notary Public Commission No. My Commission Expires: l 01. I9 201 Z [Notary Sea(] �2J��g+. �wmmsm.araw �aiJ' �wnvmooexwa r-] 0 OR 4591 PG 2858 • • • JOINDER The undersigned joins in this Declaration for purposes of acknowledging the same and agreeing to the terms thereof. Signed, Sealed and Delivered in the presence of•. ASSOCIATION: LELY RESORT MASTER PROPERTY OWNERS ASSOCIATION, INC., a Florida Y :RS ve- OR 4591 PG 2859 CONSENT OF MORTGAGEE TRIANGLE PLAZA AT LELY RESORT COMMERCIAL NEIGHBORHOOD DECLARATION KNOW ALL MEN BY THESE PRESENTS: Regions Bank (the "Mortgagee"), the holder of that certain Mortgage, Security Agreement, and Assignment of Rents, recorded April 22,2002 and recorded in Official Records Book 3022, Page 2108 and modifications recorded in Official Records Book 3947, Page 452 and Official Records Book 4128, Page 3834 of the Public Records of Collier County, Florida (the "Mortgage"), which Mortgage constitutes a lien upon the real property, hereby consents to Stock Development, LLC ("Declarant"), a Florida limited liability co 'ecting the lands described therein to the provisions of the Declaration and a �t cumbrance of the Mortgage shall be subordinate to the Declaration. 0� G The subordinationset forth h i assigns, created by the Decl FT�; s the rights of any other pe Declaration. Dated this [_ day of WITNESSES: UTNE ,Val Declarant, its successors and Vronslitute a subordination to operty, as defined in the Br• Name ..sst Title: rce -ate s • • 0 OR 4591 PG 2860 • EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY TRACT 4, LELY RESORT PHASE ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 16 AT PAGES 87 THROUGH 99 (INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, 0 nN 0 �NE CIR 0 ljo e G OR 4591 PG 2862 • • EXHIBIT "B" LEGAL DESCRIPTION OF BANK PARCEL 0 I I B w i�ro me ,IN fur t I:IIB I �IINew 4CIMIGI 11 " l lafq R MP Ab Wf I=MIa LK aala0 N M M NY BIAnf Y YmgA NR Ibt II Y MY311 c III RM0.q" BIPaA•9 a M NM bmAf P mlP 6M•KM uN II Ml BaR I1 �\1^pMPR !II"WM3l RYYB BIF YptOMRMRI ts O Mm KYPopMp (•�I,4a 6YbfUf Yfy, li1 PMMpN aA'M�tIlY.l I6eMAIPPIaCpURaMN.NIppJA1paMa63a ql M1b YMW1TV1AI5I'1V IMYnPAMWeUYYpnI.PIn{!aIAAMN4pM NIRIWIW MN3 NRIB[Sta)R3LL NappC41PE NMWPyI M M4wvIS bM'I lya.a appq \ R�IA6 P0MpAMIAY 460nvrANwpNpppo N1 LA:AN Ilam�PnP YMII a /p111aaYilf p (/aNPItpTMAlI11R,npOC YY 11 rnim y 1 1 U G U 1pl� MI.f oCIWaaWA'=oiwy IIHW;MM➢p lPlAn l epq gYAI bYMLM•1 bIM aAiI' w q as mnM PmLI�F r------------, 1 �, O mawN Mill sweA mra nm Aom.Naraus d � G ManA umPnl.Iimum¢w/a bJ1AIaN aINmR � �� rAaAN�pMNPI NMq.NN UNn PNal Aual0• � 16Y IIAa MY PGkIppS IIbL'A 1111NM IR IIY3 J �'� !anal a aAcl1 3133AROtIpNYP( OLEO � �� k �$��i 1SIh7CH AND DESCRIPTION 11 -----------fl ------------ — mN m: SJIPISIPW pl a _L_ m meowaided,' PX ""IFIa1 MIM emrmNa pw Riff! oolr. 1009 -IBB ow B Paup p x1[ TaturB sueltnxc me A �.®Molim L'CN43t11BBl • to ott ASI.�Ybe1YMMA 1 (pip mi IY OIVO�NM A M, 7BIC0 BGIi<fAAttY MW. W3BI07 1011 DMA SWalCS n JIISS e "SKNTAqm6SS9101-1165 9914 -BIBS lAB tl OR 4591 PG 2864 • EXHIBIT "C" LEGAL DESCRIPTION OF DECLARANT PARCEL 0 r� 0 l N V 4 151 PROPEW PORTION T 60NC A PpligN Of TRACT 1. ttLY RESORT PRASE 01(, ApCORpRC TO THE PU{f i 1 1 GAAAW SCALE /N fEE% ATA THE NORTMERIY MOST CORNER OF TRACT 4. LELY RESORT PHASE MOM= 10 THE PUT THEKOF AS RECORDED W PUT BOON 16 AT 11. JOG' PAGES B7 THROKRI N (61CWSRR) OF THE RMA RECORDS OF COWER AiTROXR Z 1 1 LENGTH fN[ � RPACT 4 1 1 1 1 4 7 ! 'YL 1 1 1 1 S 54'25'09 [ 1 1. I OI_cwaw 4 H1 AY AcKliptown usugwt M•4AYn 9AArMNY , •�-rMANT '1-MSAW Jr 844MW EAMW FA.L .ASMI IST Scoom" ptAOAT w or& "RUNT RE7YAA WW Or TRACT t LELY REWRT PHASi OW rS 321; ° W ----- I 2 � I wMr'v Or Tle:r.T s a I WIT RLSrRT MUSIC =r Dl p I V I r ~ I /i }ry PROPEW PORTION T 60NC A PpligN Of TRACT 1. ttLY RESORT PRASE 01(, ApCORpRC TO THE PU{f AT DMCLUS1Vp ICOUIIT/pAGES S? THROUGH O 30 JOO ?AO RNBLIL RECORD: COLLIER TLpIRG1� BEING MORE OARTICUTAMLT otscmED AS FOLLOWS: GAAAW SCALE /N fEE% ATA THE NORTMERIY MOST CORNER OF TRACT 4. LELY RESORT PHASE MOM= 10 THE PUT THEKOF AS RECORDED W PUT BOON 16 AT 11. JOG' PAGES B7 THROKRI N (61CWSRR) OF THE RMA RECORDS OF COWER O 0 C.LN" awTr awn p>tatArt — CONIIIV, fLOR6DIl 1'NE SAYE BEND A PORK ON THE WEST RIGNT-OF-WAY LWE OF tRWEIIE BoIAEYARo (A Too TOOT RICHT-101`-WAY} TWWCE SOUTH 3339'36' IRST. ALONG T11E BDIRIWTY OF SAID IRWT 4 AND ALONG SAID MIST RIGHT-OF-WAY UNE. A DISTANCE OF 510.05 RET. THENCE NORTH 54.20'24' WEST. A DISTANCE OF 169A6 RR; THENCE SOUTH 6039'36' WEST. A DISTANCE OF 21.46 FEET: THENCE SOUTH 3T3936' WEST. A DISTANCE OF 200.00 FEET. THENCE SOUTH 54'23'06' EAST. A DISTANCE Of 6.16 FEET, THENCE SOUTH S4'�0'=4' EA175M, A DISTANCE OF 17SFEET To PONT ON THE WEST NGR-Oi-WAY LINESAID TRIANGLE 80ULEIILRD AND A POINT ON THE BOUNDARY OF SAID TRACT 4. THENCE RUN THE FOLLOWING TWO (2) COURSES ALONG LAST SAID UMM* EOIIRK Ne 1• SOUTH 35.36'36' WEST. A DISTANCE OF n DD sEET TO A FQ64r of OURVARAm 11[SRRtr. 3027 RR ALONG THE ARC OF A CIRWIM CERN[, )RTHERLY. HAVRq A RADIUS OF MOO RET. THROUGH A CENTRA. ANGLE OF 900006' AND BEING SUBTENDED K A CHORD *904 BEARS SOUTH RO.3V36' WEST 33.36 RET TO A POINT ON THE NORM RIGA -W -WAY UNE OF TAYINR TIW6 U.S. 41 (A 200 FOOT RICHT-OF-WA'/); TARGE RUN THE FOLLOWING FINE (5) COURSES ALONG THE 80UNOARY OF SND TRACT 4, MOM 54.2034' WEST. ALONG SW NORTH RIGHT-OF-WAY LRK. AG TANCC or I50.OS FERE; CAIRSE uN. r NORTH 54.23.09' WEST. ALONG SAID NORM MCW-OF-WRY LDS A DISTANCE Or 4OSA3 FEET, COURSE NHL. 1 NORTH 33`30'36' EAST. A DISTANCE OF 519.N FEET TO A POW► OF CURVIUWtE; f'IYIWK HD 4• fASTERIr 126.26 FEET ALONG THE ARC OF A CRCUM CINNE. WIKSAYC SOUINEI4Y. 1IAMN0 A RAORIS OF 100.00 FEET. THROUGH A CENTRAL ANGLE OF 77'2024' AND BEt1G SUBFENDED BY A CHORD WHICH BEARS NORTH 7146'46' EAST. 116.04 FEET-. L Ilii-�.,r6DR(' SOUTH 7700'00• EAST. A DISTANCE OF M03 FEET TO THEBLIEOBL 'L1KGWtMYL'W CONTNNWQ 35CON SQUARE FEET OR 6.195 ACRES. MORE OR LE55. SUMCT TO EASEMENTS. RESTRICTIONS ANO/ON RESERVATIONS OF RECORD. TIMINGS BASED ON PC NEST RTRR-OF-WAY L9[ OF TRIANGLE SO UC ARD. LMY RESORT PHASE ONE. AS BUNG S. 35'30'36' N. (ASSUMED PER PUT). DATE JOHN SCOTT RHODES. P.S.N. /5739 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND YAPPER ------}'--! --r�— .-- an .}�.s•VIW�EA r -- ---L— FOR, --- — - - (— — 1 wst aG �! Lw 1 — STOCK DEVELOPMENT 1 , m LINE TADLE AiTROXR l9K LENGTH fN[ �• BOIXEYARO RPACT 4 1 u 146 9' IT 1� R.0.MC : S 54'25'09 [ AMMML Ws 1. 4P1.E0W4L F~ w CAPE aOIT CURVE TABLE FA.L .ASMI IST Scoom" CURME RA" DELTA LENGTH CHORD BEARING - ARortssaNAL RwlcYa CT -_ • RAW.. INW -W SIN C2 4• , y rlW V-1 Q1 In It Dc 0 RHODES & RHODES LAND SURYEYW4 Na LICENSE /L8 13897 AND DESCRIPTION 28100 aaWTA GRANDE DRIVE - LMr ^77 1 0( 1 LIDIWTA SPRMGS FLORIDA J4135 I fil-le-_ • ._ OR 4591 PG 2866 • • • EM1131T "D" INTENTIONALLY DELETED OR 4591 PG 2867 EXHIBIT "E" LEGAL DESCRIPTION FOR MASTER SIGN EASEMENT r� NEIC R • 0 MODEM Dt ala RA A RMaI Of NIR A MY AW NNN M M IOM MI MRa NRmRXMRN BIW 16m 11.YS I11M0.aa �mM1aM�� mYxtt, RMa Ia4 a ix v Wr COMA a le4'I A MY NTMI MA COS mmKN•i le M RU Mma N NWYm M RN m•YI N V M6 m IIaAYAII N UIRm0.9 CO M RNC ArmM a mllQ DYMa, 114NXMSVr RriANMImM UM -0•M M a XWaf RMfAm U IM FOOT wn- a-urt. AOIa IMI RAM Y.Y'm' ql, Ilq. M kLW W tl LID 10.1(11 M Ma{ COO [n 4M OF 1Ism0 qu 5mf]I WortR: oq wml Mxa• ql, M onMa tl M mILLO[.mOSM6 a M.MIDaW0 NRIa W MmMIWMMM NmYf 9 M W.Tamm W. WC W. A 14 m'JY ail,AmW. a mm W. vs RAM A5CN14, wom WI, M MW¢ a mm W. nar RAM um'm• m:, M nnWa a mm Im ro M NW.a caAMmN ua lar¢ rtn m oml mac Xar m Im MDImllaroaDN X MT WIMI VNYRfa6tl Rmm mwa a M Xdrt-or.r uX of nnws RALaIm. Na qAN IrMS! OIC N aAm S YXm' a Uf9Mp RA Gall. mK RroEs esu Pru ._ X01 kR MSOFA Mq Mo RMbtp allaAMUM IICLYRO SORAU 0 WDRR SMII AND DESCRIP710N "v' gl/OI IK I XIOIX OlYRO11p11 XO'kGBdBMlYNBI •n••41L11 �� Q BNCttS lK ABLE LNAr 9APVt N IK Mem au W: L4BNSF AB 60 I mItMM 11 too No.MRa WK a ,I ti . MM�ua orawa tavil p 7BILtl Bal •.Aa.n«r OR 4591 PG 2869 EXHIBIT "F" LEGAL DESCRIPTION FOR INGRESS/EGRESS EASEMENT A portion of Tract 4, LELY RESORT PHASE ONE, according to the plat thereof as recorded in Plat Book 16, pages 87 through 99, of the Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Northerly most comer of Tract 4, LELY RESORT PHASE ONE, according to the plat thereof as recorded in Plat Book 16, Pages 87 through 99, of the Public Records of Collier County, Florida, the same being a point on the West right of way line of Triangle Boulevard (a 100 foot right of way); thence run the following two (2) courses along the boundary of said Tract 4; Course No. l: South 35 deg39'36" West, al right of way line, a distance of 450.05 feet to the POINT OF BEGINNING of the e t 'bed; Course No. 2: continue South 35 deg.39'36" West, along said W of way Iine. ce of 60.00 feet, thence North 54 deg.20'24" West, a distance of 1 . t; thence South 80 de 9' West, a distance of 21.46 feet; thence South 35 deg39'36" W t, ce°f-353.3 t; t North 54 deg.26'12" West, a distance of 32.50 feet; thence o e st o 258.55 feet; thence South 54 deg.20'24" East, a distance of 15. t G • A �E CIRCA C 7 .I R 50 too 200 I a7AgM MM, IC/ IV IM, mann Ra/rl I�I NrArr%XIM rmm1P,41%=Ax M AeNaW rAW NMN4Ila Mal AANAdp dx nRam a0um. X aC®4 CWprW A YM.1 MIJAWWWOO'YmG alx WX Rn NMa a Rtln I, IX@W 'II La„aa,�a i� llamaadi amwWxMaomeamWmNMad AN4dp ax MaANra II O "War A1CX 110 rRAWnd ?:My i I � aAAe-.a ue a Rwm[ louao u 1a r rAa.aq nws WX x�rppw�,no Iq Wdw mq x naoxl a �I [ tlta+vYL Af6WQWOfalpwmb ve Mm F �IX.q.A �1l' rI1 axdma uowwiccl °�0 11 u'rwem War {� Ii1 pd R1; 90SL WAX Nm11'161-010aY[Ia 14�W M; 4faMX M'YWII4Wg1 �J V ARC rX nxx RtA06WYla11M M; Mda bAN 11 I dMa W.xcuAFr xpN r, A eNM4 a ILLa 10411041401 Nall 1N, A NmR a Rx 1Rr, nota mN axx R4 A Nd4 a +da^d+ U U App L noa smllexN mcAdW4vavXrm IiNJ7J%PRF /� OmWAI dIVRMd0.W MAR. WWd Off Ec O waroxoan l4mnva xoNA AtAdArcnaarw YmC Yfa d x Ri MdIdMY d[ a muXa a S WR% %79% N Rn R411Xm dGq adinmd'A10L4Ia 161 J7' CN SNR MOOR PSY. 157H AMUaw 1 lCr TINY aS Eg F "� ION RROMAM V101R ®r I 4 � OUR - SEETCH AND DESCRIPTION 94 1 ---------- -- --- ----- mRoxNma u r mer W, .am,�YM eo IMfrl eXe NN-In rtlnxi a MNoxs ■ . •r'r' n e NiLM a,4RUTN OU 17 Y . 1W MANJn x:wriirrOOil 1 Forr r 751006aA7A OR4MF OAIK-WI/107 IXII BWq ftONW Jn% A 7% I0.S-8166 7J9 105-Ai67 fAY ` I il ` 1 1 LELY RESORT PUD ENGINEERING INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PDI) PDI-PL20160001163 EXISTING CONDITIONS PHOTOGRAPHS • • • __._.._. ,, x -x. ►� AGENDA ITEM 4-B Cor County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JANUARY 26, 2017 SUBJECT: PETITION NO.: PDI-PL20160002759 HERITAGE BAY PUD OWNER/APPLICANT: RaceTrac Petroleum, Inc. 3225 Cumberland Blvd. Suite 100 Atlanta, GA 30339 REOUESTED ACTION: AGENT: John T. Wojdak, P.E. DeLisi Fitzgerald, Inc. 1605 Hendry Street Ft. Myers, FL 33901 The petitioner requests that the Hearing Examiner approve an insubstantial change to the Heritage Bay Planned Unit Development (PUD) by adding three (3) new sign deviations for the parcel described as Lot 4, Heritage Bay Commons Tract D Replat. GEOGRAPHIC LOCATION: Heritage Bay PUD consists of 2,562± acres, located on the northeast of comer 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. RaceTrac will be located approximately 2,150 feet east of Collier Boulevard Extension and is further depicted on Exhibit E -I (see location map on page 1) PDI-PL20160002759 Heritage Bay PUD Page 1 of 11 January 12, 2017 PURPOSE AND DESCRIPTION OF PROJECT: In 2015, the applicant submitted an application (PDI-PL20150001083) requesting an insubstantial change to the Heritage Bay PUD. The district commissioner from the Board of County Commissioners expressed a desire to elevate the level of review for this petition to the Collier County Planning Commission (CCPC) instead of it being reviewed by the Hearing Examiner (HEX). When the CCPC reviewed the petition at their April 21, 2016 hearing, the changes included ten new (10) deviations, three (3) of which, involved project signage (i.e., Deviations #5, #6, and #9). They were summarized as follows: Deviations Associated with PDI-PL20150001083 Staff Recommendation Deviation #5 • One (1) logo, fifty (50) square feet Approval (Canopy Sign Area) . Two (2) logos, thirty (30) square feet Deviation #6 • One (1) illuminated corporate logo Approval (Number of Canopy Signs) on west facade Deviation #9 • One (1) ground sign, 118 square Approval (Monument Sign Area) feet and twelve (12) feet in height At the hearing, the CCPC approved seven (7) deviations via Resolution 16-01, but the above deviations were withdrawn and not adopted. This petition (PDI-PL20160002759), however, seeks to reintroduce the aforementioned three (3) deviations with the exception that the monument sign area in connection with Deviation #9 would now be 100 square feet as opposed to 118 square feet as proposed in PDI-PL20150001083. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the subject property (Lot 4): North: Right-of-way for Sage Avenue, then farther north is Lots 8 and Tract W- 1, all of which zoned Heritage Bay PUD East: Right-of-way for Bellaire Bay Drive, then farther east is lake management area, all of which zoned Heritage Bay PUD South: Canal, then farther south is right-of-way for Immokalee Road West: Undeveloped Lot 3, zoned Heritage Bay PUD (see Aerial on page 4) PDI-PL20160002759 Heritage Bay PUD Page 3 of 11 January 12, 2017 .4erlal /County GLS) "al W Fx Comprehensive Planning: Because this application is not adding uses or increasing the intensity of the previously approved uses in the Heritage Bay PUD, it is consistent with the Future Land Use Element (FLUE) of the GMP. Conservation and Coastal Management Element: Environmental staff has evaluated the proposed changes to the PUD documents. Signs are not addressed in the Conservation and Coastal Management Element (CCME); therefore, there is no issue with consistency. Transportation Element: Transportation Planning staff has evaluated the proposed changes to the PUD Documents. Signs are not addressed in the Transportation Element; therefore, there is no issue with consistency. PDI-PL20160002759 Heritage Bay PUD Page 4 of 11 January 12, 2017 Sections 10.02.13.E.1 and 10.02.13.E-2 of the Land Development Code set forth the criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD document are to be reviewed before they can be approved. The criteria and a response to each have been listed as follows: 10.02.13.E.1 a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. C. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space), or a proposed relocation of nonresidential land uses? No, the proposed amendment is to add deviations related to project signage. There would be no increase to the size of areas used for non-residential uses and no relocation of non- residential uses. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? No, there are no substantial impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The proposed amendment would not result in land use activities that generate higher levels of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers, which were not anticipated when the principal uses were originally adopted. PDI-PL20160002759 Heritage Bay PUD Page 5 of 11 January 12, 2017 g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. There will be no incompatible relationships with abutting land uses. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No. Staff from Comprehensive Planning staff determined the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Both environmental and transportation planning staff reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with the CCME or the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. Due to the limited nature of this request, a determination and public hearing under F.S. 380.06(19) will not be required. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provide above, the proposed change is not deemed to be substantial. PDI-PL20160002759 Heritage Bay PUD Page 6 of 11 January 12, 2017 Section 10.02.13.E.2 Does this petition change the analysis of the findings and criteria used for the original application? (Rezone Findings are attached to this Staff Report as Exhibit "A".) No, the proposed changes do not affect the original analysis and findings for the original application (see Attachment 3 — Executive Summary and Memorandum for PUDZ-02-AR- 2841). DEVIATION DISCUSSION: This PUD was approved with three (3) deviations pursuant to Ordinance 10-24 and another seven (7) pursuant to CCPC Resolution 16-01. The petitioner is now seeking to add three (3) new deviations, which are itemized in Section 1.11 of the proposed PUD Document (see Attachment 1 — Proposed PUD Document). These new deviations would only apply to the area depicted as "affected area" as shown on Exhibit E-1, which will be attached to the PUD as part of this amendment. The affected area is located within an Activity Center of the PUD. The petitioner's justification and staff analysis/recommendation for each deviation is as follows: Deviation Request #1 for Size of Each Canopy Sign - See proposed change to Section 1.11. H. of the PUD Document -Labeled #10 on the Concept Plan Collier County LDC Section 5.05.05.C.4.b., which limits Facilities with Fuel Pumps to one (1) illuminated corporate logo with a maximum area of twelve (12) square feet on a canopy face which is adjacent to a dedicated street or highway, to instead allow one (1) fifty (50) square foot corporate logo on the canopy facade facing the Immokalee Canal right-of-way and two (2) thirty (30) square foot corporate logos, one (1) on the facade facing Bellaire Bay Drive and one (1) on the fagade facing the vacant commercial parcel to the west. Petitioner's Rationale: "RaceTrac Petroleum, Inc. does not have a corporate logo similar to some other corporate gas station companies. The corporate logo for RaceTrac is their name and by limiting their logo to the allowed twelve (12) square feet results in an 8.4 foot wide sign with 1.4 foot high letters. With their letter size reduced the sign would be difficult to read on the canopy and possibly unrecognizable. The requested canopy signs are shown in the enclosed Sign Package. In addition, RaceTrac wishes to have a recognizable appearance in Collier County. This recognition is important for motorists traveling on Immokalee Road who wish to enter the RaceTrac. The signage needs to be recognizable from a distance so drivers can safely maneuver as needed to enter the Project. Immokalee Road, located on the south side of the Immokalee canal, is a 6 -lane divided arterial with a 50 MPH posted speed. At this speed, vehicles travel over 80 feet per second. Allowing the drivers to recognize the destination in time to safely maneuver to the needed turning movements is a critical element of the canopy signage. PDI-PL20160002759 Heritage Bay PUD Page 7 of 11 January 12, 2017 The enclosed Canopy Sign Legibility Exhibit illustrates the typical viewer reaction distance and sign legibility distance for motorists. There are no negative impacts anticipated as a result of this request." Staff Analysis and Recommendation: Zoning Services staff evaluated this deviation by itemizing its three (3) separate components: 1) south corporate logo: fifty (50) square feet; 2) east corporate logo: thirty (30) square feet; and 3) west corporate logo: thirty (30) square feet. It should be noted that the proposed west corporate logo can only be allowed if Deviation #2 is approved. The Concept Plan shows the canal right-of-way (south of the subject property) is one - hundred (100) feet in width. The pavement of the travel lanes within Immokalee Road is located even farther away from the subject property. This distance between the subject property and the travel lanes of Immokalee Road represents a sizable separation, which the sign code does not contemplate. As such, there is justification to warrant the petitioner's desire for requesting a larger sign. With respect to a similar type of petition, in March of 2015, the Hearing Examiner reviewed PDI application (PDI-PL20140000859) for RaceTrac Petroleum, Inc. for a property located at the southwest corner of the intersection of Collier Boulevard and Rattlesnake Hammock Road. This PDI application requested, among others, a deviation to allow one (1) illuminated corporate logo on the canopy face, which was not adjacent to a dedicated street or highway. Zoning Review staff recommended approval but could not determine potential/future conflicts with the adjacent parcel because like this petition, the adjacent parcel was undeveloped. If Deviation #2 for the subject petition is approved, which would allow an additional illuminated corporate logo on the west canopy fagade facing the vacant Lot 3, Zoning Services staff recommends APPROVAL of this deviation based on the above analysis and the applicant's justification. It should be noted that in May of 2015, a sign variance (SV-PL20150000086) for RaceTrac, located at the southeast corner of Tamiami Trail East and Barefoot -Williams Road intersection was approved for three (3) canopy signs as well. The sizes of these signs were as follows: fifty (50) square feet on the canopy fagade facing Tamiami Trail East; thirty-seven (37) square feet on the fagade facing Barefoot -Williams Road; and thirty-seven (37) square feet on the fagade facing a vacant commercial parcel which was located on the east side of the fuel canopy and not adjacent to a dedicated street. However, sign variances are unlike deviations in that they are reviewed under a separate and distinctly different set of evaluation criteria. Deviation Request #2 for Extra Canopy Sign -See proposed change to Section I.11.1. of the PUD Document -Labeled #11 on the Concept Plan Collier County LDC Section 5.05.05.C.4.b., which limits Facilities with Fuel Pumps to one (1) illuminated corporate logo on a canopy face which is adjacent to a dedicated street or highway, to instead allow one (1) illuminated corporate logo on the west canopy fagade facing the vacant commercial outparcel to the west. The one (1) illuminated corporate logo on the west canopy fagade is in addition to the code allowed corporate logo on the canopy facing adjacent to a dedicated street or highway. PDI-PL20160002759 Heritage Bay PUD Page 8 of 11 January 12, 2017 Petitioner's Rationale: "The subject project is located along three (3) dedicated streets, Bellaire Bay Drive to the east, Sage Avenue to the north and Immokalee Road to the south. The applicant is proposing a canopy sign facing Bellaire Bay Drive to the east. However the site layout is such that the convenience store building is located between the proposed fuel canopy and Sage Avenue to the north. Please reference the enclosed Concept Plan associated with the PDI which provides a better illustration of the site playout. Therefore no illuminated corporate logo is proposed on the north canopy fagade facing Sage Avenue. The majority of potential customers will be traveling on Immokalee Road and in order to notify these potential customers the applicant is instead requesting to place their corporate logo on the south and west fagades to be visible to the traveling public on Immokalee Road. The west canopy fagade is not adjacent to a dedicated street however it will be seen from potential customers traveling eastbound on Immokalee Road. As previously stated there is an existing 100' wide canal right-of-way directly south of the RaceTrac property that limits the property's visibility from Immokalee Road. The proposed location of the canopy sign on the west fagade is on the southern end closest to the Immokalee Canal right-of-way. This west facing canopy sign allows those eastbound customers to see the store sooner giving them more time to make necessary lane changes to safely enter the site. Furthermore the property to the west of the proposed project is within the same Heritage Bay PUD and is vacant commercial. No negative impacts are anticipated as a result of this request." Staff Analysis and Recommendation: The Concept Plan shows the proposed canopy over the fueling positions would be visible from Immokalee Road. The traveling public will have a viewshed of the canopy when traveling from the east, south, and west. Zoning Services staff concurs with the petitioner's rationale for the additional sign, and therefore, recommends APPROVAL of this request. Deviation Request #3 for Monument Sign - See proposed change to Section 1.11. J. of the PUD Document -Labeled #12 on the Concept Plan Collier County LDC Section 5.05.05.C.4.c, which limits Facilities with Fuel Pumps to one ground sign with a maximum area of sixty (60) square feet and maximum height of less than eight (8) feet above grade, to instead allow a one -hundred (100) square foot ground sign with a height of twelve (12) feet above grade. Petitioner's Rationale: "The Immokalee Road right-of-way has an additional 100 feet canal right- of-way directly adjacent to the road right-of-way. This additional canal right-of-way creates an offset from the sign to the traveling motorist on Immokalee Road of over 150'. The maximum allowed sign per the LDC will not be visible to the traveling public in sufficient time to recognize the destination within a sufficient distance to make a safe maneuver to exit the travel -way. The 12 - foot tall, as measured from the base of the sign, 100 SF sign offsets the sight limitations of this additional 75 foot distance. Furthermore the standard sign code for Nonresidential Districts, under LDC Section 5.06.04.F. La., states that the maximum allowable height for ground signs located along an arterial or collector PDI-PL20160002759 Heritage Bay PUD Page 9 of 11 January 12, 2017 road is 15'. Therefore the ground signs located along Immokalee Road in nonresidential districts will be allowed the maximum height of 15'. The proposed sign will match the architectural features of the primary structure and be located within an undulating landscape buffer along the frontage. No negative impacts are anticipated as a result of this request." Staff Analysis and Recommendation: The Concept Plan shows the canal right-of-way (south of the subject property) is one -hundred 100 feet in width. The pavement of the travel lanes within Immokalee Road is located even farther away from the subject property. This distance between the subject property and the travel lanes of Immokalee Road represents a sizable separation, which the sign code does not contemplate. As such, there is justification to warrant the petitioner's desire for requesting a larger sign. With respect to a similar type of petition, in March of 2015, the Hearing Examiner reviewed PDI application (PDI-PL20140000859) for RaceTrac Petroleum, Inc. for a property located at the southwest corner of the intersection of Collier Boulevard and Rattlesnake Hammock Road. This PDI application requested, among others, a deviation to allow a twelve (12) -foot tall ground sign with a maximum permitted area of one -hundred eighteen (118) square feet. The Hearing Examiner approved a reduced -sized sign [Nine (9) feet in height and eighty (80) square feet]. In light of approval of PDI-PL20140000859 and taking into consideration the physical characteristics of the subject property (i.e., the wide separation between the subject property and the travel lanes of Immokalee Road), staff concurs with the petitioner's rationale of requesting a larger ground sign and therefore, recommends APPROVAL of this deviation. NEIGHBORHOOD INFORMATION MEETING (NIM)• A NIM for PDI-PL20150001083 was conducted on November 18, 2015 at Peace Lutheran Church at 9850 Immokalee Road. The CCPC reviewed all sign deviations at their April 21, 2016 hearing, which was within eight (8) months of when this petition was submitted. It should be noted, however, that the monument sign proposed in connection with this petition (i.e., Deviation #3) is smaller than the one proposed in PDI-PL20150001083 (i.e., Deviation #9). COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on January 5, 2017. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI- PL20160002759. Attachments: 1) FLUE Consistency Review 2) Email from Daniel Prescott 3) Executive Summary and Memorandum for PUDZ-02-AR-2841 4) Legal Notifications 5) Application and Support Material PDI-PL20160002759 Heritage Bay PUD Page 10 of 11 January 12, 2017 PREPARED BY: ERIC JOHN , AICP, CFM, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: RAV. BELLOWS, ZONING MANAGER DATE ZON DIVISION MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION PDI-PL20160002759 Heritage Bay PUD Page 11 of 11 Growth Management Department Zoning Division Comprehensive Planning Section h' 18135 C•] 11100 Ill To: Eric Johnson, AICP, CFM, Principal Planner Zoning Services Section, Zoning Division From: Sue Faulkner, Principal Planner, Comprehensive Planning Section, Zoning Division Date: December 15, 2016 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PDI-PL20160002759 Rev: 2 PETITION NAME: Heritage Bay PUD — RaceTrac (Bellaire Bay) REQUEST: This petition requests three (3) additional deviations itemized below, all applicable only to Heritage Bay Commons, Tract D Replat, Lot 4 of the Heritage Bay PUD: • Deviation Request 1: increase the size of the Canopy Sign Area; • Deviation Request 2: Modify the location of the Canopy Signs and increase the number of signs from one to two; • Deviation Request 3: Increase the height of the Monument Sign Area to improve visibility from Immokalm Road. LOCATION: The subject site is situated on the northwest comer of hnmokalee Rd. at Bellaire Bay Drive and just south of Sage Avenue in Section 23, Township 48 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject ±1.74 acres are designated Urban, Urban Commercial District, Mixed Use Activity Center Subdistrict (#3), as identified on the Future Land Use Map of the Growth Management Plan and within the Urban - Rural Fringe Transition Zone Overlay. This project site is within the Heritage Bay PUD, which is approved for residential, commercial, recreational, and preserve uses. The RaceTrac site is known as Lot 4 for commercial use. The RaceTrac use was previously approved and the intensity of this use is not being increased with this application for Insubstantial changes to a Planned Unit Development (PDI). Because this application is not adding uses or increasing the intensity of the previously approved uses in the Heritage Bay PUD, it is consistent with the Future Land Use Element of the Growth Management Plan. Zoning Di.amv 2800 Nor@ Horseshoe Drive • Naples, FIL 34104.239-252-2400 Pagel oC 2 JohnsonEric From: DANIEL TRESCOTT <trescott@embarqmail.com> Sent: Friday, December 09, 2016 3:16 PM To: JohnsonEric Subject: Re: Heritage Bay RaceTrac Hello Eric. Yes, I agree with your email below that Race Trac's sign deviations relative to the Collier County Land Development Code do not not create the likelihood of any additional regional impact. If you have further questions, please let me know. Sincerely, Daniel L. Trescott, MSP Trescott Planning Solutions, LLC 421 Norwood Court Fort Myers, Florida 33919 (239) 850-7163 Cell (239) 433-4067 Office (239) 433-0105 Fax trescott@embargmail.com From: "JohnsonEric" <EricJohnson@colliergov.net> To: "DANIEL TRESCOTT" <trescott@embargmail.com> Sent: Friday, December 9, 2016 2:16:32 PM Subject: Heritage Bay RaceTrac Daniel, After reviewing RaceTrac's proposed sign deviations, please confirm that you agree with my response to the below criteria: j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. Due to the limited nature of this request, a determination and public hearing under F.S. 380.06(19) will not be required. Respectfully, Eric L. Johnson, AICP, CFM Principal Planner Collier County Growth Management Department Zoning Division — Zoning Services Section 2800 Horseshoe Drive North Naples, FL 34104 (239) 252-2931 office (239) 252-6503 fax TM 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. EXECUTIVE SUMMARY PETITION: PUDZ-02-AR-2841, RICHARD WOODRUFF OF WILSONMILLER, INC. REPRESENTING U.S. HOME CORPORATION, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" (PLANNED UNIT DEVELOPMENT) TO BE KNOWN AS THE HERITAGE BAY PUD PERMITTING 3,450 RESIDENTIAL DWELLING UNITS, 200 ASSISTED LIVING UNITS, A 54 -HOLE GOLF COURSE AND RELATED FACILITIES, THREE NEIGHBORHOOD TOWN CENTERS TO CONTAIN UP TO 30,000 SQUARE FEET OF BUILDING SPACE, AND A MAXIMUM OF 200,000 SQUARE FEET OF COMMERCIAL USES FOR PROPERTY LOCATED AT THE NORTHEAST 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, CONSISTING OF 2,562 ACRES. COMPANION ITEM: DRI -00-01 OBJECTIVE: This petition seeks to have the Collier County Planning Commission consider a proposed rezone of the subject 2,562 -acre site from "A" Rural Agricultural to a Planned Unit Development (PUD) to be known as the Heritage Bay PUD/DRI that permits a mix of residential and commercial/office uses and to make sure that the project is consistent with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The Heritage Bay PUD is designed as a golf course/residential community, which includes a village center, recreational areas, and marina. There is also a commercial center within the Activity Center permitting retail and office uses. In addition, much of the site has been mined for 28 years and is permitted to continue mining operations for the foreseeable future. At present there are approximately 418 -acres that are actively being mined with another 1,282 -acres permitted and previously cleared for earth mining. The PUD document allows a maximum of 3,450 residential dwelling units with a wide range of housing styles including single family detached, villas, low rise and mid -rise multi -family dwellings. The overall residential density is 1.35 units per acre, which reflects the land area devoted to lakes, recreational open space and conservation uses, totaling approximately 70 percent of the site. The project will also contain an assisted living facility along with three Community/Town Centers that are intended to provide residents with small-scale retail shopping facilities, common recreational/fitness centers, and clubhouses, which serve as neighborhood focal points. The Community/Town Centers encompass 20 -acres and will contain 30,000 square feet of building area. The variety of services provided is intended to allow residents within the project easy access to these facilities, which reduces the amount of vehicular traffic on the County road network. The Activity Center Commercial site is located at the intersection of Immokalee Road and Collier Boulevard and will contain up to 50,000 square feet of office uses and 150,000 square feet retail uses. The Master Plan for Heritage Bay indicates that the project will conserve 863 -acres of Conservation and Preservation areas. This is equivalent to 34 percent of the site, or 40 percent of the gross land area exclusive of the existing rock quarries. Lastly, Heritage Bay development is anticipated to be constructed in one phase commencing in 2004 and continuing through 2010. ........... PUDZ-02-AR-2 84 1, Heritage Bay 1 JUL 2 9 2003 - P9 _� FISCAL IMPACT: If this PUD/DRI request meets its objective, a portion of the existing land will be developed resulting in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to the 3,450 residential dwelling units: • Park Impact Fee: • Library Impact Fee: • Fire Impact Fee: • School Impact Fee: • Road Impact Fee: • Correctional Facilities: • Radon Impact Fee: • EMS Impact Fee: • Building Code Adm.: • Micro Film Surcharge: $578.00 per unit $180.52 per unit $0.15 per square feet of building $827 per unit $890 per unit $117.98 per dwelling unit $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $2,757.18 per unit. Since this project proposes 3,450 units, the total amount of residential impact fees collected at build -out will total $9,512,271. The commercial impact fees will be applicable to the 150,000 square foot retail uses and 50,000 square feet of office space. Based on the impact fee ordinance, the commercial impact fees will be $1,126,800. Therefore, the total impact fees collected will be approximately $10,639,071. It should be noted that because impact fees vary by land use type and because this approval does not provide the level of specificity as to the actual type of use, the total impact fee is at best a raw estimate. Additionally, there is no guarantee that the project at build -out will have maximized its authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally, additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. I AGEIJPA PUDZ-02-AR-2841, Heritage Bay 2 J U L 2 9 2003 Pg.� GROWTH MANAGEMENT IMPACT: The subject PUD contains four (4) Sections of land that are under the ownership of Florida Rock Corporation. All four Sections are zoned "A -Rural Agricultural" with a conditional use permit for earth mining activities. The PUD has several designations from the Future Land Use Element (FLUE) as follows: Most of Section 23 is designated Urban, Urban -Mixed Use District, and Urban Residential Sub -district. However, a portion of this Section, in the northwest corner of the Immokalee Road/Collier Boulevard intersection, is designated Urban -Commercial District, and is within Activity Center #3. Also, most of Section 23 is in the residential density band surrounding the Activity Center. Under the Rural Fringe Amendments, Sections 13, 14 and 24 are designated Rural Fringe Mixed Use District, Receiving Lands. It is anticipated that the Rural Fringe Amendments will become effective in July of 2003. Residential GMP Consistency Review: Based on the Urban -Rural Fringe Transition Zone Overlay, the proposed project is deemed consistent with the Density Rating System of the Comprehensive Plan. It should be noted that the petitioner is proposing to develop a maximum of 3.450 dwelling units at a gross density of 1.35 units per acre. This amount is 677 units less than the maximum total units the site is eligible to receive under the current Growth Management Plan. As a result, Staff is of the opinion that the proposed PUD is consistent with the Density Rating System of the GMP. In addition, "Density Blending" is allowed pursuant to the language of the Rural Fringe Amendments and the Heritage Bay DRI related GMP Amendment, which created an Urban Rural Fringe Transition Zone Overlay. Activity Center GMP Consistency Review: The commercial uses are limited to a total of 40 -acres within the Activity Center located at the northeast quadrant of the intersection of Collier Boulevard and Immokalee Road. The Activity Center commercial uses will include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses. The PUD Document is consistent with the GMP in the manner it describes the proposed uses within the Activity Center. Village Center GMP Consistency Review: There are three "Village Centers" totaling approximately 26 - acres within the residential part of Heritage Bay. The Village Center commercial uses will include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square feet of office uses. It should be noted that the Comprehensive Planning Staff has recommended approval of the PUD document subject to the BCC waiving the following requirement. Section 2.2.20.4.7.1, sub -paragraph 9, of the Land Development Code (LDC) requires a phasing of commercial development within the PUD Neighborhood Village Sub -district. As noted in the staff report, the petitioner requested a waiver of this requirement because of the large number of units proposed for Heritage Bay (3,450 units). This LDC requirement would necessitate the Developer to build 1,035 residential units before beginning construction on the village centers. As a result, Staff is of the opinion that the requirement to construct 1,035 units, seems to defeat the stated purpose of the PUD Neighborhood Village Center Sub -district as follows: "The purpose of this Sub -district is to allow for small-scale retail, offices, and service facilities to serve the daily needs of the residents of a PUD." The intent of the Village Center is also to reduce the amount of external vehicular trips on the arterial road network. If the LDC requirement is followed rigidly, there could potentially be a large number of residents within the project long before the village centers can open. Therefore, Comprehensive Planning staff agreed not to object to the petitioner's request to waive the requirement. F AGEt,JQf,1TWY-4 JUL 2 9 2003 PUDZ-02-AR-2841, Heritage Bay 3 3 P9• ENVIRONMENTAL ISSUES: Staff has reviewed the Environmental Impact Statement (EIS) and has noted the following issues: The site contains approximately 814.6 -acres of wetlands while the PUD adds approximately 300 -acres to the existing preserve areas. All wetlands on-site will be preserved at the time of post development. The only impact to wetlands proposed with the project is a golf cart bridge crossing over a recently created wetland connection in the preserve area. Since there is no significant impact to wetlands with this project, no mitigation is proposed. As proposed, the PUD Master Plan identifies 863 acres as Conservation and Preservation areas. This is equivalent to 34 percent of the site, or 40 percent of the gross land area exclusive of the rock quarries. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC reviewed this petition on May 7, 2003 and they recommended approval by a 6 to 0 vote subject to staff stipulations contained in the EAC Staff Report. This includes the requirement that the project comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service and Florida Fish and Wildlife Conservation Commission regarding potential impacts to protected species onsite. A Habitat Management Plan for those protected species shall be submitted to Environmental Services Staff for review and approval prior to final Site Plan/Construction Plan approval. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION (CCPC): The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on July 17, 2003. They voted 7 to 0 to forward Petition PUDZ-02-AR-2841 to the Board of County Commissioners (BCC) with a recommendation of approval subject to staff stipulations and the following conditions: (1) Provide 82 Work Force Housing units with 60 of those units located on-site. The remaining 22 -units may be located off-site. The developer shall work with the City of Bonita Springs in determining possible off-site housing locations; (2) Revise Tables I and II of the PUD Document to provide criteria for measuring building height for the R-4 Tract and to increase the side yard setback for the multi family dwellings; (3) Add a requirement that driveway depth be 23 feet from the garage door to back of curb; and (4) The addition of well field easements. It should be noted that the Planning Commissioners found this petition to be consistent with the GMP and to be compatible with the surrounding development. They also recommended approval of the Affordable Housing Density Bonus Agreement. Staff has received one letter opposing this petition; therefore, this petition could not be placed on the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve Petition PUDA-02-AR-2841 subject to staff stipulations contained in the PUD Document and the following conditions. 1. That the BCC waive the requirement of Section 2.2.20.4.7.1, sub -paragraph 9, of the Land Development Code (LDC) that prohibits the construction of commercial buildings in the neighborhood village center until building construction has commenced on at least 30 percent of the residential dwelling units in the PUD. 2. A pedestrian and bicycle pathway network shall be established thr, Sidewalks and bike paths shall conform to Section 3.2.8.3.17. of the LDC. J U L 2 9 2003 PUDZ-02-AR-2841, Heritage Bay 4 1 Pg PREPARED BY: 7-11-o3 RAY OND BELLOWS, CHIEF PLANNER DATE CURRENT PLANNING SECTION REVIEWED BY: SVSAN MURRAY, AICP, MANACIPER DATE C T PLANNING SECTI N MARGAREYIWUEkSTLE, AICP, DIRECTOR DATE PLANNING RVICES DEPARTMENT APPROVED BY: K. CHMITT DMINISTRATOR D&E NITY DEV. AND ENVIRONMENTAL SVCS. PUDZ-02-AR-2841, Heritage Bay 5 JUL 2 9 2003 f 15 AGENDA ITEM 8-13 �u r MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JUNE 30, 2003 RE: PETITION NO: PUDZ-02-AR-2841, HERITAGE BAY PUD AGENT/APPLICANT: Agent: Richard Woodruff Contract Purchaser: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 R. Bruce Anderson Young, van Assenderp, Varnadoe & Anderson P.A. 801 Laural Oak Drive, Suite 300 Naples, FL 34108 GEOGRAPHIC LOCATION: U.S. Home Corporation 10491 Six Mile Cypress Fort Myers, FL 33912 The subject property is located on the northeast corner of Immokalee Road (CR -846) and Collier Boulevard (CR -951) in Sections 13, 14, 23 & 24, Township 48 South, Range 26 East. (See location map on the following page) REQUESTED ACTION: To have the Collier County Planning Commission consider a proposed rezone of the subject 2,562 -acre site from "A" Rural Agricultural to a Planned Unit Development (PUD) to be known as the Heritage Bay PUD/DRI that permits a mix of residential and commercial/off ce uses. PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to develop a golf course/residential community, which includes a commercial center permitting retail and office uses along with a village center, recreational areas, a golf course and marina. The site of Heritage Bay is uniquerasbeeii includes lands that are designated Urban, Rural, and Activity Center on the FutUse Map of the Growth Management Plan (GMP). In addition, much of the site PUDZ-02-2841, Heritage Bay PUD JUL 2 9 2003 Pg. L.V%AMi Iii. PETITION 8V -2002-AR-29V SITE MAP fav114 Ala A - AGIUM MML IOYLO 7Li — iwuMEni`"""' ® 0&F CONSERVATION B 86301 - AC C�L DEVELOPMENT LAKES 1930.AC QIL RECREATION LAKES 487.0 A-- CRECREATION, VILLAGE CENTER COMMERCIAL RECREATION.OPEN SPACE. 454.5 AC 10,000 S0. =T. BUFFERS, GOLF COURSE AND LAKE 10.000 S0. FT. 0� RESIDENTIAL 4228 AC Q VE VILLAGE CENTERS 26.0 AC A@ ACTIVITY CENTER COMMERCAL 10.0 AC O MW GENERAL GOVERNMENT, UTILITIES, 7.7 AC EMS, FIRE & SHERIFF SUBSTATIO`! CJS ROW 71.0 AC TOTAL RESIDENTIAL UNITS 3,450 TOTAL ALF UNITS 200 ACTIVITY CENTER COMMERCIAL RETAIL 150.000 S0. FT. 50.000 S0. FT. TOTAL 200,000 SO. FT VILLAGE CENTER COMMERCIAL RETAIL COMMERCIAL 10,000 S0. =T. RESTAURANT(S) 10.000 S0. FT. MARINA RELATED RETAIL 5,C00 SG. FT. FFI 5.000 SO. 17 TOTAL 30,000 50. 17. Is—itCi� rte.:.« W W W mined for 28 years and is permitted to continue mining operations for the foreseeable future. At present there are approximately 418 acres that are actively being mined with another 1,282 acres permitted and previously cleared for earth mining. The PUD document allows a maximum of 3,450 residential dwelling units with a wide range of housing styles including single family detached, villas, low rise and mid -rise multi -family dwellings. It should be noted that in Section 2.5.C.4 of the PUD, the petitioner is requesting an exemption from the LDC requirement for sidewalks for the multi -family residential parking lots. The overall residential density is 1.35 units per acre, which reflects the land area devoted to lakes, recreational open space and conservation uses, totaling approximately 70 percent of the site. The project will also contain an assisted living facility along with three Community/Town Centers that are intended to provide residents with small-scale retail shopping facilities, common recreational/fitness centers, and clubhouses, which serve as neighborhood focal points. The Community/Town Centers encompass 20 acres and will contain 30,000 square feet of building area. The variety of services provided is intended to allow residents within the project easy access to these facilities, which reduces the amount of vehicular traffic on the County road network. The Activity Center Commercial site is located at the intersection of Immokalee Road and Collier Boulevard and will contain up to 50,000 square feet of office uses and 150,000 square feet retail uses. The Master Plan for Heritage Bay indicates that the project will conserve 863 acres of Conservation and Preservation areas. This is equivalent to 34 percent of the site, or 40 percent of the gross land area exclusive of the existing rock quarries. The wetland conservation area will carry surface water through the project from the north to the south, with flows reaching the Immokalee Road canal. The recreation and water management lakes will total 677 acres while the recreation and open space areas are comprised of 460 acres. The primary access points into the residential areas of the project will be from Immokalee Road while the Activity Center will have access points from both Immokalee Road and from Collier Boulevard that would be extended to the access point of the commercial tract. Lastly, Heritage Bay development is anticipated to be constructed in one phase commencing in 2004 and continuing through 2010. SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject site is currently being mined on 418 acres with another 1282 acres that were previously cleared. The site is zoned "A" Rural Agricultural. Surrounding: North: Undeveloped and zoned "A" Agricultural and "A -ST" East: The undeveloped Bonita Bay East Golf Club that is zoned "A - MHO". South: Immokalee Road and the undeveloped Outdoor Resorts PUD approved for 420 RV lots. West: The undeveloped Mirasol PUD that was approved for 799it PUDZ-02-2841, Heritage Bay PUD JUL 2 9 2003 P9 GROWTH 1VIt.i iAGEMENT PLAN CONSISTENCY: The subject PUD has several designations from the Future Land Use Element (FLUE) as follows: Most of Section 23 is designated Urban, Urban -Mixed Use District, and Urban Residential Sub -district. However, a portion of this Section, in the northwest corner of the Immokalee Road/Collier Boulevard intersection, is designated Urban -Commercial District, and is within Activity Center 43. Also, most of Section 23 is in the residential density band surrounding the Activity Center. Under the Rural Fringe Amendments, sections 13, 14 and 24 are designated Rural Fringe Mixed Use District, Receiving Lands. It is anticipated that the Rural Fringe Amendments will become effective in July of 2003. Currently, all four Sections are under the ownership of Florida Rock Corporation. All four sections are zoned "A -Rural Agricultural' with a conditional use permit for earth mining activities. The petitioner has previously filed both a Development of Regional Impact (DRI) Application for Development Approval and an application to amend the Collier County Growth Management Plan (GMP). Petition No. CP -2000-6 amended the Future Land Use Element and Future Land Use Map by: (A) Establishing the "Urban -Rural Fringe Transition Zone Overlay" to encompass Sections 23, 13, 14, and 24, Township 48 South, Range 26 East; consisting of approximately 2,562 acres; and, (B) Amending the Future Land Use Map (FLUM) to show the area affected by the Overlay. Also, the Sanitary Sewer and Potable Water Sub -Elements of the Public Facilities Element were amended, including establishing the Rural Transition Water and Sewer District, to allow County sewer and water systems to serve the project. In this regard, staff notes that the Rural Fringe Amendments also include the three Agricultural/Rural Sections in the Rural Transition Water and Sewer District. RESIDENTIAL GMP CONSISTENCY REVIEW: Based on the Urban -Rural Fringe Transition Zone Overlay, the proposed project is deemed consistent with the Density Rating System of the Comprehensive Plan. The dwelling unit count for the entire project is as follows: • Density Band: 455 acres x 7 units per acre = 3,185 units • Base Density: 139 acres x 4 units per acre = 556 units • Agricultural/Rural: 1,928 acres @ 1 unit per 5 acres = 386 units TOTAL: 4,127 units It should be noted that the petitioner is proposing to develop a maximum of 3.450 dwelling units at a gross density of 1.35 units per acre (excluding the Activity Center acreage). This amount is 677 units less than the maximum total units the site is eligible to receive under the current Growth Management Plan. As a result, staff is of the opinion that the proposed PUD is consistent with the Density Rating System of the GMP. In addition, "Density Blending" is allowed on the Heritage Bay property pursuant to the language of the Rural Fringe Amendments and the Heritage Bay DRI related GMP Amendment, which created an Urban Rural Fringe Transition Zone Overlay. AGEN&A {T� n PUDZ-02-2841, Heritage Bay PUD 3 JUL 2 9 .2003 Pg. l0 ACTIVITY CENTER GMP CONSISTENCY REVIEW: The commercial uses are limited to a total of 40 acres within the Activity Center located at the northeast quadrant of the intersection of Collier Boulevard and Immokalee Road. The Activity Center commercial uses will include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses. The PUD Document is consistent with the GMP in the manner it describes the proposed uses within the Activity Center. VILLAGE CENTER GMP CONSISTENCY REVIEW: There are three "Village Centers" totaling approximately 26 acres within the residential part of Heritage Bay. The Village Center commercial uses will include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square feet of office uses. It should be noted that the Comprehensive Planning Staff has recommended approval of the PUD document subject to the BCC waiving the following requirement. Section 2.2.20.4.7.1, sub -paragraph 9, of the Land Development Code (LDC) requires a phasing of commercial development within the PUD Neighborhood Village Sub -district. This criterion reads as follows: "No commercial building construction in the neighborhood village center shall be allowed until building construction has commenced on at least 30 percent of the residential dwelling units in the PUD." The petitioner requested a waiver of this requirement because of the large number of units proposed for Heritage Bay (3,450 units). This LDC requirement would necessitate the Developer to build 1,035 residential units (not including the ALF units) before beginning construction on the village centers. Even divided by three (for the 3 village centers), the Developer would have to construct 345 units in order to begin constructing one village center. As a result, Staff is of the opinion that the requirement to construct 1,035 units, seems to defeat the stated purpose (from the FLUE) of the PUD Neighborhood Village Center Sub -district as follows: "The purpose of this Sub -district is to allow for small- scale retail, offices, and service facilities to serve the daily needs of the residents of a PUD." The intent of the Village Center is also to reduce the amount of external vehicular trips on the arterial road network. If the LDC requirement is followed rigidly, there could potentially be a large number of residents within the project long before the village centers can open. Therefore, Comprehensive Planning staff agreed not to object to the petitioner's request to waive the requirement. Transportation Element: Transportation Planning staff has reviewed the applicant's Traffic Impact Statement (TIS) and has the following comment. As a master planned community with internal commercial and recreational facilities, the amount o exte -70 vehicular trips will be reduced because of internal capture of those trips th t woWd JUL 2 9 2003 PUDZ-02-2841, Heritage Bay PUD 4 Pg �____ normally have to travel longer distances to reach the same type of facilities. Therefore, the proposed PUD/DRI Zoning is estimated to generate approximately 22,250 Average Vehicle Trip Ends at the proposed build -out in 2009/2010. According to the DCA/DRI Transportation Uniform Standard Rule, a project is found to have a significant and adverse impact on a State or regional significant roadway if it is found to meet both of the following criteria: (1) the project will utilize 5 percent or more of the maximum peak hour service volume at the adopted LOS standard; and (2) the roadway is projected to operate below the adopted level of service standard. A review of the TIS indicates that a number of roadway and intersection improvements will be required to support the project and all area growth in the area through build -out. As a result, the Transportation Department is stipulating that Heritage Bay mitigate its impacts through payment of impact fees, right-of-way donation, road improvements and the construction of site related improvements. Therefore, based on the recommended mitigation being incorporated into the PUD Document and DRI Development Order, this petition may be deemed consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP. Open Space/Conservation Element: The proposed Heritage Bay PUD meets the minimum threshold (70 percent of the gross land area) required for open space and conservation preservation. The PUD Master Plan identifies approximately 2,000 acres of various types of open space. However, some of the various types of open space appear to overlap. In addition, Section 2.14 of the PUD Document identifies 1,793 acres of open space that equals 70 percent of the site. Sewer and Water: The Heritage Bay project shall connect to the County's regional water and wastewater facilities, which exist at the southwest corner of the property at the intersection of Immokalee Road and County Road 951, which regional service area is expanded to include all of the property. It should be noted that the Urban -Rural Fringe Transition Zone Overlay GMP amendments include a map amendment that expanded the County's regional potable water and wastewater treatment service areas to encompass the entire Heritage Bay development site. Within the plan amendment, DRI and PUD applications, the petitioner has committed to seeking County water and sewer service for the entire project. Other Applicable Elements: Staff review indicates that the Heritage Bay PUD has been designed to account for all the necessary relationships dictated by the GMP. Mitigation measures and stipulations have been developed to ensure consistency with the GMP during the permitting process. Therefore, this petition is consistent with the goals and policies of the GMP. Staff has concluded that this petition (subject to the appropriate mitigation measures) will not adversely affect level of service standards. The required stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level service relationships are to be achieved by stipulations and/or development comitntg" made a part of the approval of this development order. NO.— PUDZ-02-2841, Heritage Bay PUD JUL 2 9 2003 pg_ 1 a HISTORICAL/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Cultural Survey and Assessment is required to be submitted per Section 2.2.25.3.2 of the Land Development Code. ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The petitioner has submitted an Environmental Impact Statement (EIS) for the PUD. This EIS indicates that the site contains approximately 814.6 acres of wetlands. The PUD adds approximately 300 acres to the existing preserve areas. All wetlands on-site will be preserved at post development. The only impact to wetlands proposed with the project is a golf cart bridge crossing over a recently created wetland connection in the preserve area. Since there is no significant impact to wetlands with this project, no mitigation is proposed. These consist of hydric pine flatwoods, pine cypress mix and melaleuca. Pursuant to the recently adopted Growth Management Plan (GMP) Amendment for the DRI, native vegetation or other natural areas (inclusive of the conservation areas) shall cover a minimum of 40 percent of the gross land area, exclusive of the existing rock quarries. As proposed, the PUD Master Plan identifies 863 acres as Conservation and Preservation areas. This is equivalent to 34 percent of the site, or 40 percent of the gross land area exclusive of the rock quarries. This is consistent with the requirements identified in the GMP Amendment for this project. The Environmental Advisory Council (EAC) heard this item on May 7, 2003 and they recommended approval by a 6 to 0 vote subject to staff stipulations contained in the EAC Staff Report (Exhibit "C"). EVALUATION: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. The review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision -makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit `B"). Relationship to Existing Land Uses - As shown in the photo below, the 2,562 -acre site is located on the south side of undeveloped Agricultural zoned land and the no Immokalee Road. Furthermore, the adjacent but undeveloped Mirasol PUD has ken PUDZ-02-2841, Heritage Bay PUD JUL 2 9 2003 P,.1 � approved for 799 dwelling units and permits similar dwelling types. Clearly, the rezoning of the subject site to a PUD/DRI is preferable to its development in an independent piecemeal fashion where traffic circulation and design would be haphazard and less compatible. In addition, the development standards are similar to the approved developments in the area except that the maximum building height for the multi -family structures within the R-4 designated areas permit a maximum height of 120 feet (8 -stories over 2 -levels of parking). The building heights throughout the remaining multi -family tracts have been limited to 65 feet. The petitioner has agreed with staff s recommendation to restrict these high-rise structures to the area between the preserve areas and the northern lake in order to limit the visual impact along the Immokalee Road corridor. It should be noted that the proposed commercial retail and office uses are located within the northeast quadrant of Activity Center #3, which is diagonally opposite the developed commercial Pebble Brook shopping center located in the southwest quadrant. Lastly, the proposed development regulations, landscaping, screening and buffering requirements contained in this PUD are consistent with the LDC. Because the proposed land uses are similar to the approved land uses in the area, the project is deemed to be compatible with the existing land uses. Pl Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the FLUE of the GMP. The subject PUD has several designations from the FLUE as follows: Most of Section 23 is designated Urban, Urban - Mixed Use District, and Urban Residential Sub -district. However, a portion of this Section, in the northwest corner of the Immokalee Road/Collier Boulevard intersection, is designated Urban -Commercial District, and is within Activity Center #3. Also, most of Section 23 is in the residential density band surrounding the Activity Center. Under the Rural Fringe Amendments, sections 13, 14 and 24 are designated Rural Fringe Mixed Use District, Receiving Lands. The Rural Fringe Amendments became effective on May 29, 2003. Currently, all four Sections are under the ownership of. Florida Rock Corporation. All four sections are zoned "A -Rural Agricultural" with a conditional use permit for earth mining activities. The proposed residential uses are also compatible with the nearby residential communities. Regional Park and Recreational Impact - Collier County staff has been working with the applicant for Heritage Bay to resolve a number of issues concerning the impact of the project on County facilities. The applicant and staff have been able to resolve many issues concerning the project's impact on park facilities. As part of the County's earlier request for on-site park and recreational facilities, US Home agrees to pay $2.8 million in park impact fees to the county within 45 days of final DRI/DUD approvals. These will be credited towards impact fees due from the development. Additionally, US Home will donate $717,000 to the county for use in developing a regional park facility at the sole discretion of the county. The county agrees to accept this payment in exchange for all of the lake systems in Heritage Bay remaining private. This payment and donation are expressly in lieu of the granting the County any access to any of the lakes or the Heritage Bay property for any purpose. General Governmental Facilities Impact: Collier County and the developer have agreed to the following: US Home will donate 7.73 acres to the County for utilizitation of a EMS/Fire/Sheriff/pump station and general government center. This donation will be without any impact fee credits. In addition, the School Board Staff has agreed to accept a prepayment of a portion of Heritage Bay's School impact fees in a lump sum for a 20 to 25 acre site prior to the start of construction. Workforce Housing: The applicant shall provide a site within the boundaries of the project for development of affordable housing as defined in the Collier County Comprehensive Plan. This site shall be 5% of the total developable acreage of the subject site or at least 60.6 acres in size, with a number of residential units consistent with the land development approval granted by Collier County. The affordable housing units shall be divided between rental and equity ownership to the satisfaction of Collier County. The applicant may reduce the size of the affordable housing parcel, if an appropriate number of multi -family units as identified by the County are provided in a mixed-use portion of the development and that an appropriate number of single-family equity owne - A ITEM 0provided in other areas of site. r /11 JUL 2 9 2003 PUDZ-02-2841, Heritage Bay PUD 8 I Pg. In the alternative to the above on-site affordable housing development requirements, the applicant may provide an equal size parcel of developable land off-site. The off-site parcel must be location acceptable to Collier County Government and the applicant shall be responsible to ensure that the site can provide the same number of dwelling units as if provided onsite. It is recommended that Collier County coordinate the location of the site with the City of Bonita Springs. In lieu of the above requirements, the applicant may provide a financial contribution to meet the affordable housing demand created by the development. The amount of the contribution shall be negotiated with Collier County staff and must be approved by the Collier County Board of County Commissioners. Prior to the final Certificate of Occupancy for the development, the applicant shall have all of the affordable housing units completed and available for occupancy either on-site or off-site, or have executed a final payment of the negotiated affordable housing contribution. At any time in the future, should the applicant request an extension to the approved build out date for the proposed development, the applicant shall re-examine the housing needs for the DRI and provide an updated re -analysis of the housing required for the project. The applicant shall use the methodology in use at the time of re -analysis by SWFRPC, the Florida Department of Community Affairs, and Collier County. Any future mitigation requirements that are caused as a result of the re -analysis shall be consistent with the options listed in 9J-2.048, the Adequate Housing Uniform Standard Rule, section 8(a). STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition Number: PUDA-02-AR-2841 to the Board of County Commissioners (BCC) with a recommendation for approval subject to staff stipulations contained in the PUD Document and the following conditions. 1. That the BCC waive the requirement of Section 2.2.20.4.7..1, sub -paragraph 9, of the Land Development Code (LDC) that prohibits the construction of commercial buildings in the neighborhood village center until building construction has commenced on at least 30 percent of the residential dwelling units in the PUD. (Staff fj'' is supportive of the waiver because of the large number of units proposed would necessitate the Developer to build 1,035 residential units before beginning construction on the village centers. To staff these large numbers of dwelling units seemed to defeat the stated purpose of the PUD Neighborhood Village Center Sub -district.) 2. A pedestrian and bicycle pathway network shall be established throughout the Project. Sidewalks and bike paths shall conform to Section 3.2.8.3.17. of the LDC except as follows. a. All streets designated as "Bike path Loop" shall have a 4 four -foot wide bike lane on each side of the street within the right-of-way.FTtyJUL�. PUDZ-02-2841, Heritage Bay PUD 9 2003 PQ.� b. All locations designated as "Sidewalk" on shall have a four -foot wide sidewalk on one side of the street within the right-of-way or an off street sidewalk. c. The area designated as internal "Sidewalk/Sidewalk Loop" shall have an 8 -foot wide internal bike path/sidewalk loop permitted within the drainage and maintenance easement(s). d. Multifamily residential parking lots do not require sidewalks. PREPARED B 0RAY ELLOWS, CHIEF PLANNER CURRENT PLANNING SECTION REVIEWED BY: ,91JSAN MURRAY, AICP, MANAGER PIT,RENT PLANNING SECTI N MARG RSTLE, AICP, DIRECTOR PLANNINSERVICES DEPARTMENT APPROVED BY: J SPH K. SC ITT, ADMINISTRATOR trMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the July 17, 2003 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: KENNETH L. ABERNATHY, CHAIRMAN PUDZ-02-2841, Heritage Bay PUD 10 7.3.0 DATE -7-8-03 DATE %f z3 DATE zA� DATE JUL 2 99 .2003 PQ. r Sttp1ies BMW News NaplesNews.com Pub ished Daily Napies• FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Customer Ad Number CopylFne P.O.# COLLIER COUNTY HEX 1419150 NOTICE OF PUBLIC HEA 45-172052 Pub Dates January 6, 2017 (Sign ure o aRlant) -------------- Sworn W and subscribed before me ,r":"••+, iwxxe coni This January 12017 xomy nu9im - suM p� rmrke comma app • vv 49oa la �J,e MY Gomm. EAprtee Jul 14, 2019 41,1�tQ. U :a..:� aominouyn wumaxunan (Signatur of afflantl ' AM ARM ..nw'k,on MdARgAAA. QQQ,P Teenagers accused of hate crimes in beating Online video of 4 black teens' attack on white student sparks Mrage COLLMI COU- FLORLDA BI -1.1. mM .1w F°am•oµ°° ..nK:.:e N1.e1ao.1 `WD. .euv.�[c' .AEiNe u. _ .PN....N..,X.........n N...NN. .ba.XN......N..� NXwNa, OTEA, ao...... F.m N. —WEE n. Nmw qtw, q.'rN . 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NOTICE OF PUf3uC HEARING Jotice is hereby given that a public hearing will be held by the Collier County Heargp :xaminer(HEX)aill-.0 M., wThumday, January29Ul, 2017, in the Hearing Examineftl Meeting Room, at 2600 North Horseshoe Drive, Room 609/610, Naples FL 34104. to ;onsider: PETITION NO. PDI-PL20160002759 - RACETRAC PETROLEUM, INC. REQUESTS 4N 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 THREE NEW SIGN DEVIATIONS FOR THE PARCEL DESCRIBED AS LOT 4, HERITAGE BAY COMMONS TRACT D REPLAT THE SUBJECT PUD PROPERTY CONSISTS OF 2,5621 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, COWER COUNTY, FLORIDA. L! E I e_v Ol O n, N AS interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent pad of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples. FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing. he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Divisior located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356,(239) 252 6360, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida ao-rnnm Petition No. PDI — PL20160002759 AFFIDAVIT OF COMPLIANCE FOR PROVIDING INDIVIDUAL MAIL NOTICE TO AFFECTED PROPERTY OWNERS I hereby certify that pursuant to Subsections 10.03.05.13.8 and 10.03.05.B.10 of the Collier County Land Development Code, 1 did give notice of the public hearing before the Hearing Examiner scheduled for January 26. 2017 by U.S. mail to the affected property owners at the addresses provided to me by the Collier County Property Appraiser's Office on January 6. 2017. A copy of the list of addresses from the Collier County Property Appraiser's Office is attached to this Affidavit. 2. Copies of the letters mailed to the affected property owners are attached to this Affidavit. Dated this 9 day of 2017 I of 2 STATE OF FLORIDA ) )SS COUNTY OF COLLIER) BEFORE ME, a duly authorized notary of the State of Florida, personally appeared fle I s5a:&- — , who is personally known to me or produced Upprt UcrS 1 i Ceo 5e- as identification, and under oath stated that the above is true and correct and to the best of his/her knowledge. coo DATED this day of Gl t'� u v , 201 �. 7 ` ` 01%1HNblp1�. �G,NQ1 Ql �ti irk s' #FF998114 1 My commission expires: 4e/' 120 2 of 2 Notary, State of Florida 6('ry P r i am0na Notary Printed Name COLLIER COUNTY Growth Management Department January 6, 2017 Dear Property Owner This is to advise you that because you may have interest in the proceedings or you own property located within 500 feet (urban areas) or 1,000 feet (rural areas) of the following described property, that a public hearing will be held by the Collier County Hearing Examiner (HEX), at 9:00 A.M. on January 26, 2017, in the Hearing Examiner's meeting room, Growth Management Building, 2800 North Horseshoe Drive, Naples, FL., to consider: Racetrac Petroleum, Inc. requests 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 three new sign deviations for the parcel described as Lot 4, Heritage Bay Commons Tract D Rapist. The subject PUD property consists of 2,5621 acres, located on the northeast of comer 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-PL20160002759] You are invited to appear and be heard at the public hearing. You may also submit your comments in writing. NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEX AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE HEX SHALL BE SUBMITTED TO THE COUNTY STAFF MEMBER NOTED BELOW A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HEX WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. Any person who decides to appeal a decision of the Collier County Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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 Department, 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. This petition and other pertinent information related to this petition is kept on file and may be reviewed at the Growth Management Department building located at 2800 North Horseshoe Drive, Naples, Florida 34104. Please contact the staff member noted below at (239)-252-2931 to set up an appointment if you wish to review the file. Sincerely, - I Eric L. Johnson, AICP, CFM, LEED Green Associate Principal Planner • 0 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E & Code of laws section 2-83 —2-90 Ch. 3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 EA and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used far the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name ofapplicant(s): RaceTrac Petroleum, Inc. Address: 3225 Cumberland Blvd. Suite 100 City: Atlanta State: GA Zip: 30339 Telephone: (770) 431-7600 cell: Fax: (770) 431-3953 E -Mail Address: thardy@racetrac.com Name of Agent: John T. Wojdak, P.E. Folio #: 49660084524 Section: 23 Twp: 48 Range: 26 Firm: DeLisi Fitzgerald, Inc. Address: 1605 Hendry Street city: Ft. Myers State: FL ZIP: 33901 Telephone: (239) 418-0691 cell: Fax: (239) 418-0692 E -Mail Address: john@delisifitzgerald.com 6/17/2015 Page 1 of 5 Co fier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? ❑Q Yes ❑ No ❑ 1. If applicant is a land trust, so indicate and name the beneficiaries below. Q 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. ❑ 3. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ❑ 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ 5. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on thelease. ❑ 6. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below: (If space is inadequate, attach on separate page) • RaceTrac Petroleum, Inc. Brian Thornton Vice President of Real Estate & Engineering DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.I. PROPERTY INFORMATION PUD NAME: Heritage Say ORDINANCE NUMBER: ORD 03-40 FOLIO NUMBER(S): 49660084524 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? N Yes ❑ No • 6/17/2015 Page 2 of 5 0 CJ Col er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collieraov.net If no, please explain: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: 12391252-6358 Has a public hearing been held on this property within the last year? W Yes ❑ No If yes, in whose name? RaceTrac Petroleum, Inc.; CCPC Resolution 16-01 Has any portion of the PUD been K SOLD and/or ❑01 DEVELOPED? Are any changes proposed for the area sold and/or developed? 0 Yes ❑ No If yes, please describe on an attached separate sheet. 6/17/2015 Page 3 of 5 Coiter County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-24110 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW #OF COPIES REQUIRED REQUIRED NOT Completed Application (download current form from County website) 16 Li Li Pre -Application Meeting notes 1 ❑ Project Narrative, including a detailed description of proposed changes and why amendment is necessary 16 ❑ ❑ Detail of request ,a Current Master Plan & 1 Reduced Copy 1-i Li ❑ Revised Master Plan & 1 Reduced Copy Q 1 FX1 ❑ Revised Text and any exhibits +a PUD document with changes crossed through & underlined +❑Q Q I Li PUD document as revised with amended Title Page with Ordinance # Warranty Deed 71 1 TJ Legal Description +s I Li ❑ Boundary survey, if boundary of original PUD is amended ❑ Li ❑ If PUD is platted, include plat book pages List identifying Owner & all parties of corporation 2 Li00 Affidavit of Authorization signed & notarized 2 Li Completed Addressing Checklist 1 Copy of 8 % in. x 11 in. graphic location map of site 1Txi Electronic Copy of all documents and plans -Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ❑ Q ❑ 'If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FORTHE PUBLIC HEARING PROCESS: • Following the Completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 6/17/2015 Page 4 of 5 • • • 0 Co Y County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart ❑ Bayshore/Gateway Triangle Redevelopment: I Executive Director Utilities Engineering: Kris VanLengen Parks and Recreation: Vicky Ahmad Emergency Management: Dan Summers I Naples Airport Authority: Ted Soliday Conservancy of SWFL: Nichole Ryan Lj Other: City of Naples: Robin Singer, Planning Director Other: FEE REQUIREMENTS ® PUD Amendment Insubstantial (PDI): $1,500.00 ❑ Pre -Application Meeting: $500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner: $925.00 The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department/Planning and Regulation • ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 MA A App' ant/Owner Signature Date Brian Thornton Applicant/Owner Name (please print) 0 6/17/2015 Page 5 of 5 • DELISI FITZGERALD, INC. Planning - Engineering - Project Management .HERITAGE BAY PDI - RACETRAC (RACETRAC AT BELLAIRE BAY) NARRATIVE FOR: INSUBSTANTIAL CHANGE TO PLANNED UNIT DEVELOPMENT Introduction: This application is for an Insubstantial Change to the Heritage Bay Planned Unit Development (PUD) for the RaceTrac convenience store with gasoline sales station located on the northwest corner of Immokalee Road and Bellaire Bay Drive in Naples, Florida. The request is to make text changes in the PUD under the Commercial Development Regulations section for the RaceTrac property. Each proposed change is further described below. Adjacent Uses: The RaceTrac property is located in the Heritage Bay PUD which includes both residential and commercial uses. Specifically, the project is known as Lot 4, of the . Cameron Commons Commercial Subdivision within the Activity Center area in the southwest corner of the overall PUD. To the north of the property is a platted private right-of-way, Sage Avenue, with vacant commercial on the other side. To the east of the property is Bellaire Bay Drive with an existing lake across the street. Directly to the south is the Immokalee Road drainage canal right-of-way, south of the canal is the Immokalee Road right-of-way with Bent Creek Preserve RPUD across the street. Lastly to the west is vacant commercial within the Heritage Bay PUD. Existing Heritage Bay PUD: The Heritage Bay PUD consists of residential, commercial, recreational, and preserve areas. The project is located within the Activity Center portion of the PUD which currently consists of a combination of built and vacant commercial and multifamily residential. Bellaire Bay Drive is an existing right-of-way that bi-sects the Activity Center and provides access to the subject project. There is a platted private internal right-of-way, Sage Avenue, to the north of the subject project, which is currently under construction with connections to Bellaire Bay Drive and Goodland Bay Drive. Sage Avenue will also provide access to the subject project. 40 Proposed PUD Changes: • As required by Chapter 3.G. of the Collier County Administrative Code a detailed description of the proposed changes along with a justification for each is provided below. Please note that these changes are limited to the RaceTrac property (Lot 4). Deviation Request 1: Section 5.05.05.C.4.b. (Canopy Sign Area) Collier County LDC Section 5.05.05.C.4.b. which limits Facilities with Fuel Pumps to one (1) illuminated corporate logo with a maximum area of twelve (12) square feet on a canopy face which is adjacent to a dedicated street or highway, to instead allow a fifty (50) square foot corporate logo on the canopy facade facing the Immokalee Canal right-of-way and a thirty (30) square foot corporate logo on the facades facing Bellaire Bay Drive and the vacant commercial parcel to the west. Justifkation 1: RaceTrac Petroleum, Inc. does not have a corporate logo similar to some other corporate gas station companies. The corporate logo for RaceTrac is their name and by limiting their logo to the allowed twelve (12) square feet results in an 8.4 foot wide sign with 1.4 foot high letters. With their letter size reduced the sign would be difficult to read on the canopy and possibly unrecognizable. The requested canopy signs are shown in the enclosed Sign Package. In addition, RaceTrac wishes to have a recognizable appearance in Collier County. This recognition is important for motorists traveling on Immokalee Road who wish to enter the RaceTrac. The signage needs to be recognizable from a distance so drivers can safely maneuver as needed to enter the Project. Immokalee Road, located on the south side of the Immokalee canal, is a 6 -lane divided arterial with a 50 MPH posted speed. At this speed, vehicles travel over 80 feet per second. Allowing the drivers to recognize the destination in time to safely maneuver to the needed turning movements is a critical element of the canopy signage. The enclosed Canopy Sign Legibility Exhibit illustrates the typical viewer reaction distance and sign legibility distance for motorists. There are no negative impacts anticipated as a result of this request. Deviation Request 2: Section 5.05.05.C.4.b. (Number of Canopy Signs) Collier County LDC Section 5.05.05.C.4.b. which limits Facilities with Fuel Pumps to placing an illuminated corporate logo on a canopy face which is adjacent to a dedicated street or highway to allow one (1) additional illuminated corporate logo on the west canopy facade facing the vacant commercial outparcel. Justification 2: The subject project is located along three (3) dedicated streets, Bellaire Bay Drive to the east, Sage Avenue to the north and Immokalee Road to the south. The applicant is proposing a canopy sign facing Bellaire Bay Drive to the east. However the site layout is such that the convenience store building is located between the proposed fuel canopy and Sage Avenue to the north. Please reference the enclosed Concept Plan associated with the PDI which provides a better illustration of the site playout. Therefore no RaceTrac at Bellaire Bay -2 - Insubstantial Change to the PUD • illuminated corporate logo is proposed on the north canopy fa(7ade facing Sage Avenue. The majority of potential customers will be traveling on Immokalee Road and in order to notify these potential customers the applicant is instead requesting to place their corporate logo on the south and west facades to be visible to the traveling public on Immokalee Road. • The west canopy fa(7ade is not adjacent to a dedicated street however it will be seen from potential customers traveling eastbound on Immokalee Road. As previously stated there is an existing 100' wide canal right-of-way directly south of the RaceTrac property that limits the property's visibility from Immokalee Road. The proposed location of the canopy sign on the west facade is on the southern end closest to the Immokalee Canal right-of-way. This west facing canopy sign allows those eastbound customers to see the store sooner giving them more time to make necessary lane changes to safely enter the site. Furthermore the property to the west of the proposed project is within the same Heritage Bay PUD and is vacant commercial. No negative impacts are anticipated as a result of this request. Deviation Request 3: Section 5.05.05.C.4.c (Monument Sign Area) Collier County LDC Section 5.05.05.C.4.c which limits facilities with fuel pumps to one ground sign with a maximum area of 60 square feet and maximum height of 8 feet to allow a 100' square foot ground sign with a height of 12'. Justification 3: The Immokalee Road right-of-way has an additional 100 feet canal right-of-way directly adjacent to the road right-of-way. This additional canal right-of-way creates an offset from the sign to the traveling motorist on Immokalee Road of over 150'. The maximum allowed sign per the LDC will not be visible to the traveling public in sufficient time to recognize the destination within a sufficient distance to make a safe maneuver to exit the travel -way. The 12 -foot tall, as measured from the base of the sign, 100 SF sign offsets the sight limitations of this additional 75 foot distance. Furthermore the standard sign code for Nonresidential Districts, under LDC Section 5.06.04.F.1.a., states that the maximum allowable height for ground signs located along an arterial or collector road is 15'. Therefore the ground signs located along Immokalee Road in nonresidential districts will be allowed the maximum height of 15'. The proposed sign will match the architectural features of the primary structure and be located within an undulating landscape buffer along the frontage. No negative impacts are anticipated as a result of this request. RaceTrac at Bellaire Bay - 3 - Insubstantial Change to the PUD • • 0 This rna ummlpreparedby af& recording refum b: Corporate Counsel — Real Estate RaceTrac Petroleum, Inc. 3223 Cumberland Blvd., Suite 100 Atlanta, GA 30339 49660084524 Property Appralsees Parcel ID Number INSTR 525M OR 5266 PG 1808 RECORDED 4/27/2016 9:44 AM PAGES 6 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC@.70 $12,775.00 REC $52.50 CONS $1,825,000.00 )ace reserved for Recorder's use on PECIAL WARRANTY DEED THIS INDENTURE Is made as of the /y`day ofrl L 2016 by CAMERON PARTNERS II, LLC, a Florida limited liability company ("G OR"), whose address Is c/o Thomas C. Carollo, Manager, 11586 Quail Village Way, Naples, Florida 34117, to RACETRAC PETROLEUM, INC., a Georgia corporation ("GRANTEE"), whose address is 3225 Cumberland Boulevard, Suite 100, Atlanta, Georgia 30339. WITfiII11Tti: GRANTOR, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and for other good and valuable consideration in hand paid by GRANTEE to GRANTOR at and before the sealing and delivery hereof, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, said, aliened, conveyed and confirmed, and does hereby gram, bargain, sell, alien, convey and confirm unto the said GRANTEE all that tract or parcel of land lying and being in Collier County, Florida, as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the 'Land") TOGETHER WITH all buildings and other improvements and fixtures situated thereon or attached thereto and all tenements, hereditaments, improvements, appurtenances, rights, privileges, easements, licenses, benefits and rights-of-way appurtenant to, benefiting, or pertaining to the Land (hereinafter collectively called the "Properly). AND GRANTOR covenants and warrants unto GRANTEE that GRANTOR is lawfully seized and possessed of the entire fee simple estate in and to the Property; that the Property Is free and clear of all liens, encumbrances, easements and restrictions of every nature and description, except as disclosed on Exhibit "B" (the 'Permitted Exceptions'); that Grantor has good right and lawful authority to sell and convey the Property; and that Grantor hereby warrants the title to the Properly, subject to the Permitted Exceptions, and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. but no other. TO HAVE AND TO HOLD the Property, together with all and singular the rights, easements, members and appurtenances thereof to the same being, belonging or in anywise appertaining, to the only proper use, benefit and behoof of GRANTEE forever in FEE SIMPLE. IN WITNESS WHEREOF, GRANTOR has caused this deed to be signed, sealed and delivered as of the day and year first above written. Signed, sealed and delivered in tha.aresencof: I ItName:/ /`A/- /6�-/. in1. W to 6 Print Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this �Mµ day ofl 11 L1� 2016 by Thomas C_ Camllo, as Manager of Cameron Partners II, LLC, a Florida limited Iia IIIb ty company. He is oarsonally known to me or hes produced as identification and who did (did not) take an oath. Notary Public DeborahS.DaWeGts¢elu Printed Name: My Commission Expires: (NOTARY SEAL] 'dry' DEBORAH S. DAVISGORZALEZ n Cc-MIS.1m p FF 00.9864 C Explren Cdcbert6.20l7 0 • 0 • Exhibit "A" Legal Description of the Property LOT 4, HERITAGE BAY COMMONS -TRACT D REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 58, PAGES 2-5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF TRACT D, HERITAGE BAY COMMONS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 43, PAGE 46 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, SAID POINT BEING THE SOUTHEAST CORNER OF SAID LOT 4, HERITAGE BAY COMMONS - TRACT D REPLAT; THENCE N.89°58'23"W., ALONG THE SOUTH LINE OF SAID PLATS, FOR A DISTANCE OF 277.72 FEET; THENCE N.00°01'36"E., ALONG THE WEST LINE OF SAID LOT 4, FOR A DISTANCE OF 234.56 FEET; THENCE N.90°00'00"E., ALONG THE NORTH LINE OF SAID LOT 4, FOR A DISTANCE OF 310.66 FEET TO THE WESTERLY RIGHT OF WAY OF BELLAIRE BAY DRIVE, A VARIABLE WIDTH RIGHT OF WAY; THENCE S.45°28'37"E., ALONG SAID WESTERLY RIGHT OF WAY, FOR A DISTANCE OF 11.82 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET; THENCE CONTINUE ALONG SAID RIGHT OF WAY AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87°25'5211, A CHORD BEARING OF S.01°45'51"E., A CHORD LENGTH OF 138.21 FEET AND AN ARC LENGTH OF 152.59 FEET TO A POINT OF REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET; THENCE CONTINUE ALONG SAID RIGHT OF WAY AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°09'16", A CHORD BEARING OF S.29°52'18"W., A CHORD LENGTH OF 83.69 FEET AND AN ARC LENGTH OF 84.31 FEET TO A POINT OF COMPOUND CURVE TO THE LEFT HAVING A RADIUS OF 140.00 FEET; THENCE CONTINUE ALONG SAID RIGHT OF WAY AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°37'58% A CHORD BEARING OF S.14028'41"W., A CHORD LENGTH OF 16.20 FEET AND AN ARC LENGTH OF 16.21 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 75,703 SQUARE FEET, 1.74 ACRES, MORE OR LESS 0 Exhibit "B" 0 Permitted Exceptions 1. Taxes and assessments for the year 2016 and subsequent years, not yet due and payable. 2. Restrictions, dedications, conditions, reservations, easements and other matters shown on the plat of HERITAGE BAY COMMONS - TRACT D REPLAT, as recorded in Plat Book 58, Page(s) 2-5, Public Records of Collier County, Florida. 3. An Oil, Gas and Sulphur lease executed by Gulf Coast Realties Corporation, a Delaware corporation as lessor and Peninsular Oil and Refining Company as lessee, recorded December 20, 1940 in Miscellaneous Book 9, Page 560, Public Records of Collier County, Florida, as affected by: Assignment in favor of Darron Collier and Hiles Collier recorded October 2, 1952 in Deed Book 25, Page 112, Amendment to and Ratification of Oil, Gas and Mineral Lease recorded April 16, 1991 in Book 1608, Page 309, Assignment, Bill of Sale and Quitclaim Deed recorded March 17, 1993 in Book 1806, Page 331, Assignment, Bili of Sale and Quitclaim Deed recorded March 17, 1993 in Book 1806, Page 383, Assignment and Bill of Sale recorded June 21, 1993 in Book 1837, Page 1302, Assignment and Bill of Sale recorded June 21, 1993 in Book 1837, Page 1306, Assignment and Bili of Sale recorded June 21, 1993 in Book 1837, Page 1309, Assignment and Bill of Sale recorded June 21, 1993 in Book 1837, Page 1312, Assignment and Bill of Sale recorded June 21, 1993 in Book 1837, Page 1316, Assignment and Bill of Sale recorded June 21, 1993 in Book 1837, Page 1319, Assignment and Bill of Sale recorded June 21, 1993 in Book 1837, Page 1323, Assignment and Bill of Sale recorded May 23, 1994 in Book 1950, Page 152, Assignment and Bill of Sale recorded May 23, 1994 in Book 1950, Page 156, Memorandum of Agreement to Purchase and Sell recorded May 23, 1994 in Book 1950, Page 160, Agency and Assignment of Production Agreement recorded May 23, 1994 in Book 1950, Page 210, Assignment, Bill of Sale and Quitclaim Deed recorded December 19, 1994 in Book 2012, Page 1339, Assignment and Bill of Sale recorded August 4, 1995 in Book 2086, Page 146, Assignment and Bill of Sale recorded August 28, 1995 in Book 2093, Page 1716, and • Assignment and Bill of Sale recorded August 28, 1995 in Book 2093, Page 1721, aforesaid records. 4. An Oil, Gas and Mineral lease executed by Miles Collier and Barron Collier, Jr., joined by their respective spouses Isabel Collier and Barbara Collier as lessor and Humble Oil & Refining Company as lessee, recorded August 3, 1952 as Deed Book 24, Page 385, as affected by: Assignment of 1/48th Overriding Royalty Interest dated July 21, 1952 and recorded in Deed Book 29, Page 341, Rental Stipulation Agreement recorded January 8, 1957 in Book 1, Page 262, Deed recorded October 12, 1959 in Book 51, Page 82, Oil, Gas and Mineral Deed recorded January 21, 1964 in Book 160, Page 11, Oil, Gas and Mineral Deed recorded January 21, 1964 in Book 160, Page 39, Supplemental Oil, Gas and Mineral Deed recorded October 21, 1964 in Book 177, Page 305, Supplemental Oil, Gas and Mineral Deed recorded October 21, 1964 in Book 177, Page 312, Oil, Gas and Mineral Deed recorded September 25, 1980 in Book 884, Page 1555, Correction to Oil, Gas and Mineral Deed recorded December 3, 1981 in Book 949, Page 367, Deed recorded July 8, 1982 in Book 979, Page 459, Deed recorded July 14, 1987 in Book 1282, Page 70, Oil, Gas and Minerals Deed recorded January 31, 1989 in Book 1413, Page 945, Oil, Gas and Minerals Deed recorded January 31, 1989 in Book 1413, Page 1078, Oil, Gas and Minerals Deed recorded November 6, 1989 in Book 1482, Page 798, OII, Gas and Mineral Deed recorded September 12, 2008 in Book 4393, Page 2345, Affidavit recorded December 23, 2008 in Book 4415, Page 2629, Corrective Affidavit recorded January 12, 2009 in Book 4419, Page 1279, and Notice of Interest in Land Pursuant to Florida Statutes Section 704.05 and Florida Statutes Chapter 712 recorded July 14, 2010 in Book 4586, Page 412, aforesaid records. 5. Oil, gas and mineral reservations contained in Deed from Barron Collier, Jr. and Miles Collier, joined by Barbara M. Collier, wife of Barron Collier, Jr., and Isabel U. Collier, wife of Miles Collier, recorded October 5, 1953 in Deed Book 30, Page 91, as affected by: Oil, Gas and Mineral Deed recorded January 21, 1964 in Book 160, Page 11, Oil, Gas and Mineral Deed recorded January 21, 1964 in Book 160, Page 39, Supplemental Oil, Gas and Mineral Deed recorded October 21, 1964 in Book 177, Page 305, Supplemental Oil, Gas and Mineral Deed recorded October 21, 1964 in Book 177, Page 312, Oil, Gas and Mineral Deed recorded September 25, 1980 in Book 884, Page 1555, Correction to Oil, Gas and Mineral Deed recorded December 3, 1981 in Book 949, Page 367, Deed 0 recorded July 8, 1982 in Book 979, Page 459, Deed recorded July 14, 1987 in Book 1282, Page 70, Oil, Gas and Minerals Deed recorded January 31, 1989 in Book 1413, Page 945, Oil, Gas and Minerals Deed recorded January 31, 1989 in Book 1413, Page 1078, Oil, Gas and Minerals Deed recorded November 6, 1989 in Book 1482, Page 798, Oil, Gas and Mineral Deed recorded September 12, 2008 in Book 4393, Page 2345, Affidavit recorded December 23, 2008 in Book 4415, Page 2629, Corrective Affidavit recorded January 12, 2009 in Book 4419, Page 1279, aforesaid records. 6. Oil, Gas and Mineral Reservations, together with any unrecorded agreements set forth and contained in Deed from Brace Corporation, a Florida corporation recorded May 23, 1955 in Deed Book 40, Page 39, as affected by: Deed recorded October 12, 1959 in Book 51, Page 82, Oil, Gas and Mineral Deed recorded January 21, 1964 in Book 160, Page 39, Supplemental Oil, Gas and Mineral Deed recorded October 21, 1964 in Book 177, Page 312, Oil, Gas and Mineral Deed recorded September 25, 1980 in Book 884, Page 1555, Correction to Oil, Gas and Mineral Deed recorded December 3, 1981 in Book 949, Page 367, Deed recorded July 8, 1982 in Book 979, Page 459, Deed recorded July 14, 1987 in Book 1282, Page 70, Oil, Gas and Minerals Deed recorded January 31, 1989 in Book 1413, Page 945, Oil, Gas and Minerals Deed recorded January 31, 1989 in Book 1413, Page 1078, Oil, Gas and Minerals Deed recorded November 6, 1989 in Book 1482, Page 798, Oil, Gas and Mineral Deed recorded September 12, 2008 in Book 4393, Page 2345, Affidavit recorded December 23, 2008 in Book 4415, Page 2629, Corrective Affidavit recorded January 12, 2009 in Book 4419, Page 1279, and Notice of Interest in Land Pursuant to Florida Statutes Section 704.05 and Florida Statutes Chapter 712 recorded July 14, 2010 in Book 4586, Page 412, aforesaid records. 7. An oil, gas and mineral lease executed by Wilfred J. Piper and wife Alida, and Lester T. Piper and wife Lucille as lessor and Gulf American Land Corporation as lessee, recorded September 30, 1965 in Book 199, Page 632, aforesaid records 8. Ordinances 75-20 (water), 75-21 (trees) and 75-24 (zoning) as recorded May 8, 1975 in Book 619, Pages 1177 through 1381, aforesaid records 9. Notice of Permit recorded November 25, 2003 in Book 3451, Page 123; South Florida Water Management District Environmental Resource Permit Notice recorded April 13,2004 in Book 3541, Page 1443; Notice of Permit recorded October 11, 2004 in Book 3658, Page 2012, and South Florida Water Management District Environmental Resource Permit Notice recorded May 15, 2008 in Book 4360, Page 2767, aforesaid records. 10. Notice of Adoption of the Heritage Bay DRI Development Order Development Order No. 03-01 recorded December 8, 2003 in Book 3458, Page 1787; Memorandum of Notice of Extension of Previously Approved Development of Regional Impact (DRI) recorded June 17, 2009 in Book 4462, Page 3155; Memorandum of Notice of a Second Extension of Previously Approved Development of Regional Impact (DRI) recorded April 26, 2010 in Book 4559, Page 2491; and Notice of Adoption of an Amendment to the Heritage Bay Development of Regional Impact (DRI) Development Orders No. 03-01 and 2011-02 recorded August 23, 2011 in Book 4712, Page 2001, aforesaid records. 11. Developer Contribution Agreement as set forth in instrument recorded August 18, 2004 in Book 3627, Page 3196, aforesaid records. 12. Declaration of Covenants, Conditions, Easements and Restrictions for Heritage Bay, which contains provisions for a private charge or assessments, recorded January 20, 2006in Book 3968, Page 4031, as amended by Subordination of Utility Interests and Agreement for Reimbursement for Additional Facility Relocations recorded July 3, 2008 in Book 4375, Page 1458, Amendment to Declaration of Covenants, Conditions, Easements and Restrictions for Heritage Bay recorded August 13, 2008 in Book 4386, Page 686, Subordination of Easement Interest recorded August 13, 2008 in Book 4386, Page 778, Subordination of Easement Interest recorded August 13, 2008 in Book 4386, Page 784, Subordination of Utility Interests recorded August 29, 2008 in Book 4390, Page 27, Subordination of Utility Interests recorded September 30, 2008 in Book 4397, Page 1763, Subordination of Easement Interest recorded May 7, 2009 in Book 4450, Page 1408, and Subordination of Easement Interest recorded July 22, 2009 in Book 4474, Page 1765, aforesaid records. 13. Declaration of Covenants, Conditions and Restrictions for Heritage Bay Commons, which contains provisions for a private charge or assessments, recorded February 7, 2006 in Book 3978, Page 2824, as amended by Amendment to the Declaration of Covenants, Conditions and Restrictions for Heritage Bay Commons recorded September 3, 2008 in Book 4390, Page 2919, Amendment to the Declaration of Covenants, Conditions and Restrictions for Heritage Bay Commons recorded November 17, 2010 in Book 4624, Page 2613, and Third Amendment to Declaration of Covenants, Conditions and Restrictions for Heritage Bay Commons recorded December 26, 2013 in Book 4995, Page 2034, aforesaid records. 14. Confirmation and Acknowledgement of Development Rights as set forth in instrument recorded July 22, 2011 in Book 4703, Page 2507, and Assignment of Development Rights recorded July 22, 2011 in Book 4703, Page 2514, and Assignment of Development Rights recorded December 1, 2014 in Book 5098, Page 2233, aforesaid records. 15. Declaration of Restrictive Covenant as set forth in instrument recorded August 14, 2014 in Book 5067, Page 2813, aforesaid records. 16. Declaration of Easements, Covenants and Restrictions for Cameron Commons II, which contains provisions for a private charge or assessments, recorded January 27, 2015 in Book 5115, Page 940, aforesaid records. 17. Declaration of Restrictive Covenants as set forth in instrument recorded in Book 5168, Page 603, aforesaid records. C] 0 • DELI51 FITZGERALD, INC. Pl ..g-h,9i,ree m-Projec[Marwg.t • Legal Description & Location Map Parcel ID: 49660084524 Description: HERITAGE BAY COMMONS TRACT D REPLAT LOT 4 1605 Hendry Street • Fort Myers, FL 33901 •239-418-0691 •239-418-0692 fax • COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.wlliergov.net Collier County ADDRESSING CHECKLIST 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressino personnel Prior to ore -application meeting please allow 3 days for orocessing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BIL (Blasting Permit) ❑ SOP (Site Development Plan) ❑ ED (Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change— Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) • ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑Q OTHER PDI LEGAL DESCRIPTION of subject property or properties (copy of lengthy description maybe attached) See attached S23 T48 R26 FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 9089 Immokalee Road • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) RaceTrac at Bellaire Bay PROPOSED STREET NAMES (if applicable) N/A • SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP or AR or PL# Coker County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.collieraov.net (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Return Approved Checklist By: ❑. Email ❑ Fax ❑ Personally picked up Applicant Name: John T. Wojdak, P.E. Phone: (239)418-0691 Email/Fax:john@delisiftzgerald.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. • FOR STAFF USE ONLY Folio Number 49660084524 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by:_ VocLe Date: 10/6/2016 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE • UPDATED OR NEW FORM SUBMITTED • AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) FD1-FL2o160002759 1, M.M11. (print name), as R 1 (fide, if applicable) of Rawva=vwi•um. h=. (company, If a licable), swear or affirm under oath, that I am the (choose one) owner= applicant[ contract purchasernand that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorizeo•t—nas•,<w.w=, to act as ourlmy representative in any matters regarding this petition including 1 through 2 above. 'Notes: • If the applicant is a corporation, then it is usually executed by the corp. pies. or v. pres. • If the applicant is a Limited Liability Company ILL. C.) or Limited Company (L. C.), then the documents should typically be signed by the Company's "Managing Member.' • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identmed as the 'general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words 'as trustee • In each instance, first detemline the applicant's status, e.g., individual, corporate, trust, partnership, and then • use the appropriate format for that ownership. Under penaltiesLarre I declare that I have read the foregoing Affidavit of Authorization and that the facts stated ie. Signature IDate STATE OF PCORIDA (14&6 ICI COUNTY OF$06L*W C�li:1✓tYr The oregoing instrument was swum to (or affirmed) and subscribed before me on fO (� (date) by i) ). Q -m M i � 3M (name of person providing oath or affirmation), as IXid / fiiVI�') who is personally known to? I l haf�aduyErtl - (type of identifcation as identification. ��' `' �� STMOPISEAL SignaturWof Nor ublic • CRIORCOA-001ISA 55 REV 0hWJ4 , . • DEUsi FITZGERALD, INC. Planning - Engineering - Project Management Racetrac @ Bellaire Bay Neighborhood Meeting Minutes Date: November 18,2015-4:30 P.M. —7:00 P.M. Location: Peace Lutheran Church — 9850 Immokalee Rd, Naples, FL 34120 Racetrac Petroleum, Inc. Presenters: Tom Hardy, Senior Project Manager Andrew Fitzgerald, P.E., Engineering Consultant Sam Foisie, E.I., Engineering Consultant Collier County Representative: Eric Johnson, Principal Planner 15 Meeting Attendees There were two presentations given at the meeting. Tom Hardy arrived to the meeting at 4:30 p.m. followed by Eric Johnson at 4:37 p.m. Drew Fitzgerald and Sam Foisie arrived after the start of the first presentation at 5:03 p.m. The first presentation began at 4:45 p.m. with Tom Hardy of Racetrac Petroleum, Inc. explaining to the attendees that Racetrac has filed an application to Collier County to request deviations from gas station setback requirements and the signage code. During the introduction of the project Mr. Johnson read approved list of uses in the PUD. Mr. Hardy explained the purpose of the application was to apply for deviations to support construction of one of its new 5,488 • square feet prototypical stores with sixteen (16) fueling positions at the northwest intersection of Immokalee Road and Bellaire Bay. Mr. Hardy proceeded to present a series of seven (7) presentation boards (see attached) to the attendees describing the location of the site, explaining the site plan, building and canopy elevations, pictures of the interior of the new prototype, and a conceptual landscape plan for the property highlighting the buffers for the property. Mr. Hardy then opened the floor to the attendees for questions and comments. Many of the attendees asked duplicate questions or provided similar statements. A summary of the main issues brought up by the attendees, and responses provided by Racetrac, is provided below. Action items pursued by the applicant in response to concerns by the attendees are provided 1.) A question was asked about the landscaping buffer on the north side of the property. Response: The applicant stated that RaceTrac is requesting a deviation from the required rear setback. As of now they the PUD requires RaceTrac to follow the gas station code for setbacks. They are required to have a 40 foot setback and they are requesting it to be 25 feet. To support this deviation, Mr. Hardy explained that they were going to have a three (3) foot high berm with 12 to 14 feet high trees on top of it. These trees are taller than what is required by code. Also there will be a continuous 5 foot to// line of shrubs. (The landscaping was one of the two major concerns of the public) 2.) A question was asked about what kind of trees will make up the landscape buffer. Response: The applicant described the tree species that RaceTrac would normally use. The • attendees expressed that they would like foliage that stays full year round. Mr. Hardy said he would take into consideration for their proposal. (The landscaping was one of the two major concerns of the public) 3.) A question was asked of RaceTrac why they did not want to put a wall in the north setback, like they have done on other projects in Collier County. Response: The applicant explained that they put a wall in the setback when they were directly next to residential. At the Bellaire Bay location they have a right-of-way, future commercial property and proposed assisted living between them and the closest residential property. (The landscaping was one of the two major concerns of the public) 4.) Several attendees expressed concern about adding a traffic signal at the Collier Blvd and Immokalee Rd intersection, and the lack of a traffic signal at the Bellaire Bay and Immokalee Rd intersection Response: The applicant explained that RaceTrac would love to put a traffic signal at Bellaire Bay and Immokolee Rd. Mr. Hardy then explained that Collier County would not allow a traffic signal until the warrants for a signal are being met at the intersection. (The traffic signal was one of the two major concerns of the public) • 5.) An attendee asked about lighting for the project. Response: The applicant explained that RaceTrac uses LED lights so that it is focused beam. He also said that the bulb is shielded and will not be able to be seen directly. Mr. Hardy explained that because the bulbs are focused they will be bright if you are in the parking lot but if you are outside the property line it will be dark. RaceTrac also dims their lighting at night to conserve energy and to have as little impact on the neighboring properties as possible. 6.) An attendee asked about the 24 hour store operating time and the amount of costumers it generates. Response: The applicant explained that it is a 24 hour store, but because it is not directly next to 1-75, it generates less overnight visits than a store that is next to 1-75. Mr. Hardy stated that the overnight visits are minimal but enough to stay open. He also said that the store employees use this time to clean the inside of the store, and also pick up any garbage that may have accumulated outside. 7.) An attendee also asked about the deliveries in regards to if they would ever take place at night. 2 • • Response: The applicant stated that the store deliveries normally happen between Sam and 5pm. The fuel deliveries take place at a wider range of hours, and Mr. Hardy could not guarantee that they would not take place at late evening or in the morning. However he did state that they are normally between 7am to 10pm. 8.) An attendee representing a community within Heritage Bay PUD expressed concern that having a gas station in close proximity will raise the community's insurance rates. Response: The applicant stated that he has never had that question before. He also stated that he believed the community is outside of the radius that will affect the insurance rate. Mr. Hardy will research the question further. 9.) An attendee stated that they were concerned with the underground tanks being close to a water source. Response: The applicant assured them that RaceTrac uses a design that meets all applicable regulations. The tanks are double walled and have sensors in them that sound alarms if the pressure changes. In conclusion the general consensus of the room was not opposed to the RaceTrac being built. There was concern with the landscape buffer and not wanting to be able to see the store from their homes. Mr. Hardy explained that the thicker and taller buffer will take care of this issue. The main concern of the public was the traffic at the Immokalee intersections. RaceTrac was in agreement with the public and would like to build a traffic signal at the Bellaire Bay intersection. If further information is needed about each question it can be found on the audio recording of the meeting. The second recording has Mr. Hardy's entire presentation, as well as the two attendees that came in after the first presentation was completed. The first recording has the public questions and comments with Mr. Hardy's responses. 0 3 \ \ 1 \ W \x� E LOT 8 TRACT W-1 \ �F EX. WATER MAIN O'�` '0 --_ EX. DRAIANGE EX. FORCE MAIN PEDESTRIAN IT ACCESS (TYP.) ------' ----- -- ' -- _-- -- --------------rr�'----- --- ---- ----------- 1 _ EX. GRAVITY SEWER PROPERTY SAGE AVENUE_____ \ 50' RIGHT-OF-WAY (PRIVATE) --- 310.7 - BOUNDARY :. ----- -T ------ ®®®--® ®«-,.®�, 25' TYPE 'D' 25' SETBACK 1 ® BUFFER , 25' A ----- TYPE 'D' ' J C BUFFER LlN PROPERTY o v BOUNDARY Z ® RACETRAC o I MARKET E ®Ii, ii DO ® I f I O m ¢ I LOCATION ww gnu.----®® � Eo PARKING PARKING ,� LOT3 a �z LOT4 PEDESTRIAN // g ACCESS / m I------------------------------(TYP.) I� ` / TRACT L-3 w20'SETBACK SO, I S CANOPY 1 3 7 @'1C PROPOSED / .' ') ACCESS TO % ;! EXISTING,,'? XISTING;1 BELLAIRE BAY �,.-----------------------------�J SIDEWALK DRIVE R.O.W. i PERMIT WILL BE 50' SETBACK REQUIRED AT THE TIME OF SDP APPROVALFOR 15'ENHANCED 0 \ ! ,'�,' �I Iii NEWDRIVEWAY TYPED' BUFFER z MONUMENT SIGN - CONNECTION ----------------------------------------------- �� EXISTING PEDESTRIAN TRAIL _____--- -- ------ --------------------------- - -- -- ti s -------------------------------------- 277.7' PROPERTY 100' CANAL RIGHT-OF-WAY BOUNDARY v M ------------------ IMMOKALEE ROAD 100' RIGHT-OF-WAY (PUBLIC) RACETRAC PETROLEUM, INC. 3225 CUMBERLAND BLVD. SU17E 100 ATLANTA GA 30339 (770)431-7600 HERITAGE BAY PDI - RACETRAC (EPN #1166 - STORE #2439) CONCEPT PLAN Project Number: 21352 Part of Section(s): 23 Township: 48 5 Range: 26 E County, State: COLLIER COUNTY, FL Sheet Number: 11 of 3 PROPERTY DEVELOPMENT REGULATIONS SITE DESIGN REQUIREMENT REQUIRED(') PROPOSED MINIMUM LOT AREA 30,000 SF 75,794 SF MINIMUM LOT WIDTH 150 FT 235 FT MINIMUM LOT DEPTH 180 FT 294 FT (1) PER LDC SECTION 5.05.05.8.1. BUILDING / CANOPY DESIGN STANDARDS FOR FACILITIES WITH FUEL PUMPS DESIGN STANDARD REQUIRED PROPOSED NORTH SETBACK (FRONT YARD) 0) 25' 25' SOUTH SETBACK (FRONT YARD) 50' 50' WEST SETBACK (SIDE YARD) (1) 20' 20' EAST SETBACK (FRONT YARD) 50' 50' NOTE: FOR ALL OTHER USES IN ACTIVITY CENTER COMMERCIAL DISTRICT REFERENCE SECTION VI OF THE HERITAGE BAY PUD. (1) SETBACKS APPROVED UNDER CCPC RESOLUTION 16-01. LANDSCAPE BUFFER REQUIREMENTS PROPERTY LINE WIDTH REQUIRED WIDTH PROPOSED NORTH (1j 25' 25' EAST (1) 25' 25' SOUTH (2) 15' 15' WEST (2) 15' 15' (1) PER LDC SECTION 5.05.05.E.1 FACILITIES WITH FUEL PUMPS RIGHT-OF-WAY LANDSCAPE BUFFER. (2) PER CCPC RESOLUTION 16.01. DEVIATIONS: AFROM SECTION 5.05.05.C.4.b. WHICH LIMITS FACILITIES WITH FUEL PUMPS TO ONE (1) ILLUMINATED CORPORATE LOGO WITH A MAXIMUM AREA OF TWELVE (12) SQUARE FEET ON A CANOPY FACE WHICH IS ADJACENT TO A DEDICATED STREET OR HIGHWAY, TO INSTEAD ALLOW ONE FIFTY (50) SQUARE FOOT CORPORATE LOGO ON THE CANOPY FACADE FACING THE IMMOKALEE CANAL RIGHT-OF-WAY AND TWO (2) - THIRTY (30) SQUARE FOOT CORPORATE LOGOS, ONE (1) ON THE FACADE FACING BELLAIRE BAY DRIVE AND ONE (1) ON THE VACANT COMMERCIAL PARCEL TO THE WEST. AFROM SECTION 5.05.05.C.4.b. WHICH LIMITS FACILITIES WITH FUEL PUMPS TO PLACING AN ILLUMINATED CORPORATE LOGO ON A CANOPY FACE WHICH IS ADJACENT TO A DEDICATED STREET OR HIGHWAY, TO INSTEAD ALLOW ONE (1) ILLUMINATED CORPORATE LOGO ON THE WEST CANOPY FACADE FACING THE VACANT COMMERCIAL OUTPARCEL TO THE WEST. THE ONE (1) ILLUMINATED CORPORATE LOGO ON THE WEST CANOPY FACADE IS IN ADDITION TO THE CODE ALLOWED ILLUMINATED 12 CORPORATE LOGO ON A CANOPY FACE ADJACENT TO A DEDICATED STREET OR HIGHWAY. FROM SECTION 5.05.05.C.4.c WHICH LIMITS FACILITIES WITH FUEL PUMPS TO ONE GROUND SIGN WITH A MAXIMUM AREA OF 60 SQUARE FEET AND MAXIMUM HEIGHT OF LESS THAN 8 FEET ABOVE GRADE, TO INSTEAD ALLOW A 100 SQUARE FOOT GROUND SIGN WITH A HEIGHT OF 12 FEET ABOVE GRADE. OWNER/DEVELOPER RACETRAC PETROLEUM, INC. 3225 CUMBERLAND BLVD. SUITE 100 ATLANTA, GA 30339 (770)431-7600 HERITAGE BAY PDI - RACETRAC (EPN #1166 - STORE #2439) SITE DATA & DEVIATIONS Project Number: J21352Part of Section(s): Township: 48 5 Range: County, State: COLLIER COUN Sheet Number: 12 O 11 0 40 • N OWNER / DEVELOPER: RACETRAC PETROLEUM, INC. 3225 CUMBERLAND BLVD. SUITE 100 ATLANSA, GA 30339 (110) 431-]600 HERITAGE BAY PDI - RACETRAC (EPN #1166 - STORE #2439) LOCATION MAP Project Number: 21352 Part of Section(s): 23 Township: 48 S Range: 26 E County, State: COLLIER COUNTY, FL Sheet Number: 13 of 3 SECTION I, ENTITLED LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION OF THE PUD DOCUMENT ATTACHED TO ORDINANCE NO. 03-04, AS AMENDED, IS HEREBY AMNEDED AS • FOLLOWS: SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 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 H. From Section 5.05.05.C.4.b. which limits facilities with fuel pumps to one (1) illuminated corporate logo with a maximum area of twelve (12) square feet on a canopy face which is adjacent to a dedicated street or highway, to instead allow one fifty (50) square foot corporate logo on the canopy facade facing the Immokalee Canal right-of-way and two (2) - thirty (30) square foot corporate logos, one (1) on the facade facing Bellaire Bay Drive and one (1) on the vacant commercial parcel to the west. I. From Section 5.05.05.C.4.b. which limits facilities with fuel pumps to placing an illuminated corporate logo on a canopy face which is adjacent to a dedicated street or highway, to instead allow one (1) illuminated corporate logo on the west canopy facade facing the vacant • commercial outparcel to the west. The one (1) illuminated corporate logo on the west canopy facade is in addition to the Code allowed illuminated corporate logo on a canopy face adjacent to a dedicated street or highway. J. From Section 5.05.05.C.4.c which limits facilities with fuel pumps to one ground sign with a maximum area of 60 square feet and maximum height of less than 8 feet above grade, to instead allow a 100 square foot ground sign with a height of 12 feet above grade. 9 Words underlined are added, words StFUCk '"FU are deleted. • DELisi FITZGERALD, INC. Planning - Engineering - Project Management RACETRAC AT BELLAIRE BAY INSUBSTANTIAL PLANNED DEVELOPMENT CHANGE LDC SECTION 10.02.13.E.1 CRITERIA Below are the Criteria for a Substantial Planned Development Change followed by a response indicating that this application does not meet the criteria for a Substantial Planned Development Change. a. A proposed change in the boundary of the PUD. • There are no proposed changes to the boundary of the PUD. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development. • There are no changes in the total number of dwelling units, the intensity of land use, or the height of buildings. c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in • area. • There are no decreases in the preservation, conservation, recreation, or open space areas associated with this application. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses. • There are no increases in the size of the areas used for nonresidential uses, including institutional, commercial and industrial land uses, and there are no relocations of nonresidential land uses. e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities. • There are no substantial increases in traffic generation, traffic circulation, or public facilities. f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers. • There are no land use changes. g. A change that will result in a requirement for increased stormwater • retention, or will otherwise increase stormwater discharges. • • There are no changes that require an increase in stormwater retention or stormwater discharge. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use. • There are no changes to land use. i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses. • There are no changes to the PUD that are inconsistent with the Future Land Use Element or Growth Management Plan and no changes which would increase the density or intensity of the permitted land uses. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13. • • The PUD district is a DRI. The proposed changes are not substantial per F.S. 380.06 (19)(e)2. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. • There are no substantial modifications to the PUD. • RaceTrac at Bellaire Bay 2 - Insubstantial Change to the PUD RaceTrac at Bellaire Bay Naples, FL Monument and Canopy Signs October 2016 I V 9 LOTS PRADi141 '0 6 h y` vy 0Pc IMMONALEE ROAD IAPWGNMFWAY(PD&ID) I MGN LEGEND ® irvexuxlnu� ®iaxxaMmsn ® CW]%94V�91 ® GN]iY94V IA 9 ® LVpivSfxlYbl ® ROMMNnmxNarxnmaN I 100 SF Price Sign • Scroll (N1) r 'I 14-1 C' 14.0 � T-6" 50 SF & 30 SF Canopy LED Logo Sign • Tan Canopy oT GAS CANOPY FRONT ELEVATION NMENNMVM H RIGHT SIDE VIEW - RED CANOPY LEFT SIDE VIEW - RED CANOPY COLOR SCHEDULE wite I1= 50 SF CANOPY SIGN PMS 485 Red I2 = 30 SF CANOPY SIGN 8M Sapphire Elm 13 = 30 SF CANOPY SIGN 0 4 1 r,. A WGHIE ATIM EP5 "IMM K 11 r:°m 1 fE/A EIEVAnON.N%nX � � i � � FPW1i ELEVATION SCu�r weo'Au�. Vi } cfi �E ae Y °s HP a r€ i veoNbneouNoen Ra � k � � i?1 O S L[ 11 MaAM f' P� �Ok .gip \ o FFNHEOdpY 0 \� IMMOMLFF KDO EMiI LLONMipiCWGY5IMWCIM)p Mom �Mb 4�•�EOrt��ax.IflNxFYMryptb Swx•a ¢IldMan�uvwpuoW in^(•at uoWlwfnr ��R®alMtwEvu xB.�Ib W�eAKErewn['unro 0 • October 18, 2016 DEUsi FITZGENALD, INC. %annin9-fn9ineerin9 -�IettMona9ement Ll Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Re: RaceTrac at Bellaire Bay Application for PUD Insubstantial Change Folio #:49660084524 To Whom It May Concern: Attached for approval, please find the following items as they relate to the above referenced project: 1. One (1) check in the amount of $1,500.00 for the application fee; 2. Sixteen (16) copies of the Completed Application; 3. One (1) copy of the Pre -application Waiver Email; 4. One (1) copy of the completed Addressing Checklist; S. Two (2) signed and notarized copies of the Affidavit of Authorization; 6. Sixteen (16) copies of the Project Narrative includes Detail of Request, 7. Sixteen (16) copies of the Insubstantial Change to the PUD Criteria; 8. Sixteen (16) 8.5" x 11" copies of the Proposed Master Plan (includes Location Map); 9. Sixteen (16) 243'x 36" sets of the current overall PUD Master Plan; 10. Sixteen (16) copies of Section I of the PUD Document; 11. Sixteen (16) copies of the original PUD Document; 12. Three (3) copies of the Deeds; 13. Sixteen (16) copies of the Legal Description; 14. Sixteen (16) copies of the Neighborhood Informational Meeting Summary; 15. Sixteen (16) copies of the PUD Monitoring Report; 16. Sixteen (16) copies of Exhibit E-1 Affected Area Exhibit; 17. Sixteen (16) copies of the RaceTrac Sign Package; 18. Sixteen (16) copies of the Canopy Sign Legibility Exhibit; 19. One (1) cd containing pdfs of submittal items. If you require any additional information, please contact our office at (239) 418-0691 Sincerely, DELI ZGERALD,JAIC. John Vice President Project No.: 21352 1605 Hendry Street - Fort Myers, FL 33901 • 239-418-0691 •239-418-0692 fax • December 12, 2016 DELISI FITZGERALD, INC. Manning-&gineenn9-ftjedwnagemenf Eric Johnson Principal Planner Collier County Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Re: Heritage Bay PDI - RaceTrac (aka RaceTrac at Bellaire Bay) PDI RAI #1 PL20160002759 Mr. Johnson, In regards to the above referenced project, please find the following items enclosed for your review: 1. Sixteen (16) copies of the Response Letter; 2. Sixteen (16) copies of the Narrative; 3. Sixteen (16) copies of the revised Section I of the Legal Description; • 4. Sixteen (16) copies of the revised MCP; S. One (1) cd with pdf's of all Submittal Items; 0 In addition, in response to the comment letter dated December 7, 2016, please find the following responses in order as received: ADDRESSING - GLS REVIEW Comment 1 Project name should be Heritage Bay PDI - RaceTrac, as the existing PUD name is Heritage Bay not RaceTrac/Bellaire Bay. Response 1 The project name has been revised to 'Heritage Bay PDI - RaceTrac' as requested. ZONING REVIEW Comment 1 With respect to Deviation #3, which is to allow a larger/taller ground sign. Are you proposing the sign be 100 square feet or 118 square feet? The conceptual site plan note indicates 118 square feet whereas your justification in the narrative indicates 100 square feet. The Revised Sign Package as well as Section 1.11.0 also indicates 100 square feet. They all need to match. 1605 Hendry Street • Fort Myers, FL 33901 •239-418-0691 -239-418-0692 fax Response 1 • The deviation request is for 100 SF. The MCP has been revised to 100 SF. Comment 2 On the affidavit of authorization, please include the PL number, which is PL20160002759. Response 2 The PL number has been added to the Affidavit. Comment 3 In Section 1.11.B, please reword the proposed language of Deviation #2, so that 1.11.B is requesting one (1) "additional" sign. Response 3 "Additional" has NOT been added to the deviation language as requested. The language has been revised consistent with the subsequent comments from Scott Stone received via email on December 9, 2016. COUNTY ATTORNEY REVIEW Comment 1 Section 1.11 already exists in the PUD --approved as part of CCPC Resolution 16-01 earlier this year. As such, your new proposed deviations will be added to the end of the • existing list of deviations (i.e--at H, I, and J). Please revise your proposed text amendment as shown on the markups provided by separate e-mail from the planner. Response 1 Section 1.11 has been revised per the provide mark-up. Comment 2 This comment is for your information. The proposed Concept Plan appears to include a large amount of information/labels that are not related to this request for sign deviations. It may reduce the possibility of mistakes/delays to limit your Concept Plan to depicting/labelling only those areas affected by the proposed deviations. However, I defer to staff on the level of detail needed for this concept plan. Response 2 The labeling is consistent with the MCP from the previous PDI for this parcel. • Page 2 of 3 • If you require any additional information, please contact our office at (239) 418-0691. • i Sincerely, DELIS ZGEG�1/ John T. Wojdak, P.E. Vice President cc: Tom Hardy & Victor Sutapaha, RaceTrac Petroleum (w/ attachments) Project No.: 21352 L\21352 - RaceTrac @ Beaatre Bay\Permits\Collier ComrtyPDI\Ne est PD1 submittal\RAI k1\PD1- RAI Al Cover Lettecdoc Page 3 of 3 • • N w h a - 7 Eui°L: Lrr � . 7 ?' a y n } T A, 7 ryd i ��i IP I1 5 �t P e �` Y r? d2 . r r; fi0 X3 U9 `*J a- 1 C a yt f Y : albiom j � �64, 14 1 ��bl�i ( rti z� i'w� H" f P f LI j ,l V r -C r 141 e'ca-; S j } s. i tll ,T- s-�F 3 _Art 4' '5 -r ` «-.'^,�,r�;, , j ` �a t / rr.-ct .a ",�,-'Ly Als� "Pl.: v r@ �'.:> Full Y x 1. AFFECTED AREA LEGEND AFFECTED AREA OWNER/DEVELOPER. RACETRAC PETROLEUM, INC. 3225 CUMBERLAND BLVD. SUITE 100 ATLANTA, GA 30339 (770) 431-7600 PROJECT: BELLAIRE BAY (EPN #1166 - STORE #XXXX) EXHIBIT E-1 Project Number: 21352 Part of Section(s): 23 Township: 48 S Range: 26 E County, State: COLLIER COUNTY, FL Sheet Number: 1 2015 MONI B ORINDG FORmREC1D AUG 2 4 2013 HERITAG• SECTION 13, 14, 23, AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST REPORT DUE DATE: July 31, 2015 • C7 APPROVAL DATE: July 29, 2003 DEVELOPMENT ORDER Resolution 03-255 ORDINANCE NUMBER: 03-40 Amended DO Resolution 11-123 Amended Ordinance 10-24 HEX 14-29 APPLICANT INFORMATION: Name and Address of the owner/developer, successor or assigns of persons, firms, or other entity responsible for implementing this development order. Update address and telephone number as necessary, sign and date. he-" Homes LLC (Heritage Bay) ulte Home Corporation (Quarry) 10 en C. Pratt -6 Mile Cypress 24 1 Walden Center, #300 Fort My FL 33966 Bonit prings, FL 34134 Name: Naive: Signature: Signature: Date: Date: - ail: darin.mcmurray a@lennar.com -Mail: Chr-is.Hasty(c@pultegroup.coIn Cameron Commons Unit 1 & 2 POA, Inc. 11586 Quail Village Naples, FL 34117 Nam Signa Date: E -Mail: Carollocarr@aol.com If during the past year, the PUD or a parcel(s) within the PUD has been sold to a subsequent owner(s), provide the following information for each parcel that has been sold (attach additional sheets if needed): Owner entity: Tract and folio number: Allocation of development rights and PUD commitments: Contact's name: Address: Telephone number: Email address: 1 Updated 06/01/15 lb AUTHORIZED DENSITYANTENSITY: The number- of dwelling units to be built in the Heritage List the total number of single family dwelling units Bay PUD pursuant to this PUD and DRI development constructed to date: order will not exceed 3,450 plus an Assisted Living N/A. ` Facility containing up to 200 units. List the total number of multi -family dwelling units constructed to date: Wk. List the total number of assisted living units constructed to date: List the number of golf holes to date: Up to 54 holes of golf may be built in the Heritage Bay PUD. constructed _--------- .--_----...----.._.__..-___.--.--..-------_.._____---.-------------- --------------------- --------- --- _-_.___ List the total number of commercial square feet Conunercial activities are limited to a total of 40 acres within the Activity Center located at the northeast quadrant of the intersection of Collier Boulevard and hnmokalee Road and three "Village Centers" totaling CQNsTRUCTEDToDATE, approximately 26 acres within the residential part of Heritage Bay. The Activity Center commercial uses will Cameron Commons unit one, Tract -14,918 sq ft IcVS Pharmacy) include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses. The Village Center _Cameron Commons Unit One, Tract 4.41,325 (Cameron Commons Retail Center) commercial uses will include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square feetAoffice uses..............___. ----.._.__-- Conservation and Preserve Areas will total a minimum of List the total acreaLlIe of conservationan reserve: 861 for the PUD (This Information Is based on previous reports submitted by 863 acres. the MosterAssociation). List the names and contact information for all CDDs, property owners and homeowners associations within the PUD, including the Master Association. Attach additional sheets if needed. DEVELOPER COMMITMENTS: Cor arnrtInents deleted from , "the <report �; and consrdcred Check the box that indicates the status of each fulfilled areno longer monitored thtoug.. PUD Annrzal IVlari tormg.ptacess but are subject. to coir plrance through commitment. ongoing maintenance and upkeep Exampled of.these types If the commitment has been completed, attach of 'coinrniti rents include; exotic vegetation .removal; littorals aril landscaping: Land Development Code and County Oxdmarice commitments ,have '`,beeti removed:from :the 'monitoring documentation to this report (copy of permit, copy of Preserve Management Plan, copy of receipt or canceled check, etc.). For dedications, list O.R. Book and Pag—e Number. report but coinplrance will.strll be fequned aVdevelopment 1f the commitment has not been completed, please list the review, mspectron;::certificate of occupancy, etc: — - T—'- estimated completion date. AFFORDABLE HOUSING: -- — -- _ COMPLETE INCOMPLETE ..._.._ _....--- _. ...__ .. __......._ ._._..---------.._...-- The developer shall construct on-site on the lands ❑ ❑ designated "AC/R3" on the Master Concept Plan a minimum of 160 townhouse units and a maximum of 190 townhouse units to be offered for sale to persons meeting the Collier County affordable housing guidelines for 80% ,affordable Housing Commitments are N/A to the Activity ` Centersites. { III 2 Updated 06/01/15 lb • • • • • • moderate income level for a period beginning with the date of issuance of the building permit for each building containing said townhouse units, and continuing for six (6) months thereafter, or for 30 days after the Certificate of Occupancy for each building containing said townhouse units is issued, whichever is later. Also, for a time period extending from the date of the issuance of the Certificate of Occupancy, the developer shall offer the remaining unsold units to the County or its designee for purchase for a period of 45 days after which time any unsold unit may be sold at market rates. COMPLETE INCOMPLETE The developer shall donate $475,000 to Habitat for ❑ ❑ Humanity of Collier County ("Habitat"). The donation represents one-half of the purchase price of 10 acres of land currently under contract by Habitat and located just south of hnmokalee Road and generally east of County Road 951. The donation shall occur within 120 days of the final approval of the Heritage Bay PUD/DRI by the Board of County Commissioners and the expiration of all appeal periods without an appeal being filed. -------- ---- — ---.._...... _.- -----------._.....- - - — - - -------- -.._..._............. _.....-..._.--- COMPLETE INCOMPLETE ..... --... - - _._.......- to the issuance of the final Certificate of Occupancy - - - --- ----- - --- ._._._...__.._. - - ----- --- ❑ ❑ for the development the developer shall have all the affordable housing units on-site completed and available for occupancy. At a minimum, the affordable housing units shall be phased in thirds to coincide with the development of other residential dwelling units in the project. COMPLETE INCOMPLETE If the developer constructs less than 190 affordable ❑ ❑ housing townhouse units on-site, for each unit less than the maximum of 190, the developer shall donate the sum of $10,000 per unit to Habitat. For example, if 180 affordable housing townhouse units are constructed on- site, the developer would donate $100,000 to Habitat, which represents 10 units times $10,000. COMPLETE INCOMPLETE --. -- ------ - --- - - --- ----------- At any time in the future, should the developer request an --- -- _....__..-....._......_._.........-_..... ❑ ❑ extension to the approved build -out date for the project, the developer shall re-examine the housing needs of the project and provide an updated re -analysis of the affordable housing required. The developer shall use the methodology in use at the time of the re -analysis by SWl~RPC, the Florida Department of Community Affairs, and Collier County. Any future mitigation requirements that are caused as a result of the re -analysis shall be consistent with the options listed in Rule 9J-2.048 of the Florida Administrative Code, COMPREHENSIVE PLANNING. All commitments have been fulfilled or removed. 3 Updated 06/01/15 !b 4 Updated 06/01/15 lb • EDUCATION: COMPLETE INCOMPLETE The Developer shall coordinate with the School Board of ❑ ❑ Collier County to make adequate provisions for educational facilities needed to accommodate the impacts Education Commitments are N/A to the Activity Center sites. of the proposed development which may include a schedule for prepayment of school impact fees to the School Board of Collier County. _-_...... ....__ ._......... _._.. ---- _.._.. _.._.. _ ------ . ... - - - - ----.. - — -- ---- COMPLETE INCOMPLETE The Developer shall work with the staff of the County's ❑ ❑ Transportation Department to ensure that the necessary pedestrian and bus pick-up/drop-off facilities are provided within the Heritage Bay project_- -- - _....... ------------ _-- EMERGENCY MANAGEMENT: COMPLETE INCOMPLE _..._.._.....-_.._..._-- -------------- All deeds to property located within the Heritage Bay .. ...................... ..-.-.._------------ -- ❑ Q development shall be accompanied by a disclosure statement in the form of a covenant stating that the property is located in an area potentially subject to hurricane impacts, that the hurricane evacuation clearance time for Collier County or the Southwest Florida Region is high, and hurricane shelter spaces are limited. COMPLETE INCOMPLETE The developer, or the proposed homeowners' association, 0 ❑ shall establish and inaintain a public information program for purposes of educating the residents of the development regarding the potential hurricane threat, the need for timely evacuation in the event of an impending hurricane, the availability and location of hurricane shelters and evacuation routes, and the identification of steps to take to minimize property damage and to protect human life. The developer shall develop a continuing hurricane awareness program and a hurricane evacuation plan. The hurricane evacuation plan shall address and include, at a minimum, the following COMPLETE INCOMPLETE 1. Operational procedures for the warning and ❑ notification of all residents and visitors prior to and during a hurricane watch and warning period; and --- - ---------- ---- ._.. _._........... ._._.-..._.._._.-- -- --- ---------------- COMPLETE INCOMPLETE 2. A public awareness program which addresses [] ❑ vulnerability, hurricane evacuation, hurricane shelter alternatives including hotels, staying with friends and the locations of 1uricane shelters, and other protective actions which maybe specific to the development; and COMPLETE INCOMPLETE 3. Identification of the entity responsible for 0 ❑ implementing the plan. 4 Updated 06/01/15 lb • 0 • • — --' COMPLETE --- -- INCOMPLETE [] ❑ -- - __ The final plan shall be submitted to reviewing agencies for a sufficiency finding and shall address the recommendations provided by the reviewing agencies; or alternatively, the Developer shall commit to provide funds to be used for the purpose of procuring communications equipment which would upgrade the existing warning and notification capability of local emergency management officials. The Developer shall provide reasonable assurance to the local emergency management officials regarding the ability of such equipment to reduce the burricane evacuation impacts of the development. COMPLETE INCOMPLETE All commitments made by the developer within the ADA ❑ and subsequent sufficiency round information, related to Question 16 (F'loodplains) and Question 23 (Hurricane Preparedness), and not in conflict with the above recommendations, are incorporated into the Development Order as conditions for approval. ENERGY: All other commitments have been fulfilled or removed. COMPLETE _ _ INCOMPLETE [] ❑ The Heritage Bay DRI shall incorporate the following energy conservation features: A. Provision of a combination bicycle/pedestrian system connecting all land uses, to be placed along arterial and collector roads within the project. This system will be consistent with local goveniment requirements approved in the PUD. COMPLETE INCOMPLETE B. Provision of bicycle racks or bicycle storage [x] ❑ facilities in recreational, commercial, and multi -family residential areas. COMPLETE INCOMPLETE - - ..--------..-..._.. ---- ..._..--------- C. Cooperation with Collier County in the locating of __.._.. --- --._ ❑ bus stops, shelters, and other passenger and system accommodations for any future public transit system to serve the project area. ENGINEERING: A11 other commitments have been fulfilled or removed. COMPLETE INCOMPLETE As an alternative to the planting or creation of littoral Q ❑ shelves, credit for wetlands that are preserved above the minimum required by Policy 6.1 of the Conservation and Coastal Management Element shall be applied toward meeting littoral zone planting area requirements on a ratio of one to one. For each acre of wetlands set aside above the minirmum requirement of said Policy 6.1, one acre of littoral zone plantings shall be subtracted from the littoral 5 Updated 06101/15 lb zone planting area requirements. Said Policy 6.1 requires preservation of 40% of native vegetation present not to exceed 25% of the total PUD property. Twenty-five percent of the PUD's total site area (2562 acres) is 640 acres. This PUD provides for preservation of 863 acres of native vegetation including wetlands that have significant hydrologic value, therefore, the extra 221 acres shall be credited toward meeting littoral zone planting area requirements. COMPLETE INCOMPLETE i El ❑ District staff shall obtain access tln•ough the site to get to District -owned property located north of the project site. The details of the proposed access route/authorization shall be developed during the ERP application review rocess. COMPLETE INCOMPLETE Ditch and Swale slopes shall be designed to minimize Q ❑ discharges so that these facilities may provide some additional water quality treatment prior to discharge. Treatment swales shall be planted with grass. COMPLETE INCOMPLETE El Under -drain systems and grease baffles, if utilized within the Heritage Bay DRI, shall be inspected and cleaned and/or repaired on a regular basis. In no instance shall the period between such inspections exceed eighteen months. COMPLETE INCOMPLETE --- --❑ ._ _- --- _ ------ ❑ Stonnwater management system maintenance requirements shall include the removal of any mosquito - productive nuisance plant species or invasive exotics (e.g., water lettuce, water hyacinth, cattails, and primrose willows) from all system nodes, reaches and percolation basins, as well as from lake littoral zones employed in the system.— COMPLETE INCOMPLETE To the extent consistent with applicable stormwater Q ❑ management system and environment regulations, any isolated wading bird pools constructed in lake littoral zones shall be excavated to a depth which provides aquatic habitat for mosquito larvae predators, such as gambusia affinis. -----__._..-------------.--._.____._------------ ---.__-------- _—.__-_.___.-_..__.___..----.----- ----- --- -_. COMPLETE INCOMPLETE _ The Developer shall promote transit service through the E ❑ inclusion of bus stops or other appropriate transit access points on its site designs, consistent with Collier County transit plans. ENVIRONMENTAL: All other commitments have been fulfilled or removed. COMPLETE INCOMPLETE No additional impacts to the preserve area shall be allowed [l ❑ 6 Updated 06/01/15 lb L • • 0 0 0 as a result of the existing excavation permit for earth mining activities. COMPLETE INCOMPLETE Final alignment and configuration of water management structures shall be subject to minor field adjustments to iiiitiiinizehabitat destruction. ❑ El Hiking trails, pedestrian/golf cart, boardwalks, nature trails (elevated and at grade), tiding trails and other such facilities, constructed for the purpose of passage through or enjoyment of the site -natural attributes shall be subject to review and approval by the appropriate agencies. COMPLETE INCOMPLETE - --- ---------- . . ....... ......... . ..... ..... . .. - ------ --------- -- COMPLETE INCOMPLETE Fencing design for roadway crossing preserves and preserve boundaries shall be included on applicable plans for potential wildlife crossings. COMPLETE -- ----------- --------------------- . . .. ..... INCOMPLETE ---- - - -------- - Any buildings where hazardous materials or waste are to be used, displayed, handled, generated or stored shall be constructed with impervious floors, with floor drains leading to separate impervious holding facilities that are adequate to contain and safely facilitate clean-up of any spill, leakage, or contaminated water. COMPLETE INCOMPLETE ❑ Prior to construction, the Developer shall provide assurances that a licensed grease transporter has been identified to serve the project's restaurants. COMPLETE INCOMPLETE ❑ Prior to construction of either of the commercial component of the ALF, the Developer shall provide assurance that bio -hazardous and hazardous waste have been identified to serve the project. _transporters -------------- - - - ------------ - PARKS AND RECREATION: All commitments have been fulfilled or removed. PLANNING: All commitments have been fulfilled or removed. --------- ----- . ....... REAL PROPERTY: ---- ------ --------- All other conurtitments have cen or removed. TRANSPORTATION: All other commitments have been fulfilled or removed. The developer shall provide street lighting at the project entrances in conjunction with the construction of same. COMPLETE INCOMPLETE El 7 Updated 06/01/15 lb COMPLETE INCOMPLETE The developer shall snake a fair share contribution toward the capital cost of a traffic signal on Immokalee Road and any access point(s) when, and if deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier Countv. COMPLETE The Developer will be responsible for roadways as follows: A. The Developer, or its successor or assigns, shall be fully responsible for site related roadway and intersection improvements required within the Heritage Bay DRI, including those along hnmokalee Road and on the future CR 951 Extension, if constructed. As shown on the Heritage Bay Master Concept Plan, these site -related improvements include four (4) access points on Immokalee Road and two (2) access points on either the future CR 951 Extension, if constricted, or an extension of CR 951 for the purpose of providing access to properties north of Immokalee Road. The site -related improvements on the future CR -951 Extension are limited to turn lanes at the project entrances and, if needed, a two lane urban arterial cross-section road built on-site within the future CR -951 Extension right-of-way from the full access entrance located about one-half mile north of hnmokalee Road to the Immokalee Road/CR 951 intersection, as provided in Transvortation Para:rranh E.2. B. The Developer, or its successor or assignee shall make adequate commitments to provide the necessary transportation improvements, including design and engineering, utility relocation, right-of-way acquisition, construction, construction contract administration and construction inspection necessary to maintain the adopted level of service for the following significantly impacted regional roadways: INCOMPLETE COMPLETE INCOMPLETE idnay From I'o Im rotiement ❑ 0 CR 951 Golden Gate Pine Ridge Rd. Widen to S 4 lanes per aerial photography Allier Blvd. Blvd. Lanes C. The Developer, or its successor or assigns, shall make adequate commitments to provide the necessary improvements including, but not limited to, rights-of- way, costs of signalization, turn lanes and other improvements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections through buildout: _ COMPLETE_ _ _ INCOMPLETE Immokalee Rd at Collier Blvd • EB dual left turn lanes d El--... --.-...- _---------------------- ..... - ..._._._...._.. .._. Ilninokalee Rd at Project Driveway 2 8 Updated 06/01/15 tb These are complete and in-place. The County has received the proportionate share payment fora third EB left turn lane at this intersection. • Ll • (Bellaire Bay Dr.) • EB dual left turn lanes • __• Signal at Warrant Immokalce Rd at Project Driveway 3 (Quarry Dr.) • Si a1 War -r -ant Inunokalee Rd at Project Driveway 4 (Heritage Bay Blvd.) • • Signal at Warrant Collier Blvd at Pine Ridge Rd • NB dual left turn lanes • SB dual left turn lanes The Developer shall promote efficient pedestrian and bicycle movement within and between the development's components and to adjacent properties as deemed necessary by Collier- County. _TRACT 1 OF CAMERON COMMONS: One way emergency medical service access drive from the adjacent CR -951 Extension: I.The proposed access shall be limited to right -in only. 2. Adequate signage informing motorist that this is an "Emergency Vehicles Only" access shall be provided at the time of filing the first SDP for subsequent installation prior to site occupation in accordance with regulations governing signage in the PUD and LDC. 3. An emergency services accessible automated gate shall be provided at this limited access point at the time of filing the first SDP for subsequent installation prior to site occupation. 4.A minimum of a 30' throat length will be required on site at all times. It shall remain the financial responsibility of the parcel owner to maintain a 30' throat length. Failure to maintain this minimum safety requirement may result in temporary closure of this access point until such time that the minimum safe throat length is restored. UTILITIES: The developer is responsible for well sites as follows: 4. Sizing of Electrical Systems for Heritage Bay will be coordinated with Collier County to ensure that FP&L projections and installation of equipment will accommodate these well pumps and generators. 5. Proposed well locations shown on Exhibits D 1 and 2 will not be utilized for littoral credit or be placed in a conservation easement by the developer. These are not yet completed, and the developer would like to retain these as a hlsIsnot yet complete. The County has constructed anobstruction (adiredionalmedlanrestriction) that rohibitslelt-turnmovementsfram Ruarsyontolmmokolee Rood Untilsoch time that the Cauntyldentijres deficiency atthe nearest U-turn to the East, the signal warrant(s) cannot be addressed by the developer. he developer would like to retain this as a commitment. This Is not yet complete. Signal warrants are not currently met at this median opening. The developer would like to retain this as a commitment. Improvement in -progress as of August 2015; analysts required. ,aprovement in -progress as ofAugust 2015; analysis required. COMPLETE INCOMPLETE COMPLETE INCOMPLETE CO ❑ El ❑ El ❑ F-1 ❑ Cameron Commons Unit One, Tract 1 is currently under construction (NCH Healthcare - Northeast) and will fulfill these commitments. Please refer to SDP PL20140002553 for the plan of site construction. COMPLETE INCOMPLETE ❑ ❑ COMPLETE INCOMPLETE ❑ ❑ COMPLETE INCOMPLETE • 8, Transmission lines will be located around the ❑ ❑ 9 Updated 06/01/15 Ib perimeter of the project either within the 100' right-of-way dedication to Collier County along the western property boundary or within the SFWMD 100' Canal right-of-way. COMPLETE INCOMPLETE Temporary septic systems may be utilized in conjunction FX I ❑ with construction offices, sales offices and model homes. Septic systems shall not be allowed on-site, other than for temporary uses associated with construction offices, sales offices, and model homes. All temporary septic systems shall be properly abandoned and/or removed by a licensed septic system firm when wastewater facilities (temporary or permanent) become operable. COMPLETE INCOMPLETE The lowest quality of water available and acceptable shall [] ❑ be utilized for all non -potable water uses. Potable water shall not be utilized for non -potable uses. COMPLETE INCOMPLETE Through the payment of impact fees, property taxes, and ❑ the implementation of the Master Concept Plan for the Heritage Bay DRI, the Developer will further Florida's goal of planning for and financing new facilities to serve residents in a timely, orderly, and efficient manner. The Heritage Bay development will also implement Florida's policy of encouraging development of gray -water and water -reuse systems to extend existing sewage capacity. COMPLETE INCOMPLETE Existing water wells shall be used for irrigation water 0 ❑ supply. If such wells cannot be used for this purpose, the wells shall be properly plugged by a licensed well drilling contractor and abandoned. COMPLETE INCOMPLETE Irrigation of golf course areas will be designed to Q ❑ encourage deeper rooting of turf grass to provide more efficient utilization of water and nutrients. Irrigation activities shall be limited to the hours between dusk and dawn. Irrigation water recharge well locations shall be selected to minimize interference drawdown between the wells and drawdown beneath on-site or adjacent wetlands. COMPLETE INCOMPLETE Best management practices (BMPs) for wastewater shall ❑ be utilized to mitigate potential adverse impacts to surface water and shallow groundwater at and adjacent to the development. Such BMPs include proper tuning and minimum application of fertilizers, pesticides, and herbicides on landscaped areas of the property. Biodegradable varieties of fertilizers, pesticides, and herbicides shall be utilized whenever possible. Slow release nitrogen fertilizers shall be used. This shall be coordinated with the County Extension Office of the Soil Conservation Service. COMPLETE INCOMPLETE For the purpose of potable water conservation, the project Q ❑ • shall utilize low water use plumbing fixtures and other 10 Updated 06/01/15 lb water conservation devices. For the purpose of non - potable water conservation, the project shall utilize • xeriscape and drought tolerant plants in landscape design. • • 11 Updated 06/01/15 lb CORPORATE AFFIDAVIT STATE OF COUNTY OFCp ) ss: CORPORATE FORMAT BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared Thomas Carollo, the Manager (Title) of Cameron Partners, LLC and Cameron Partners II, LLC, Florida corporation (the "Corporation"), who upon being duly sworn, deposes and says: 1. The undersigned is over the age of 18 years, understands the obligations of an oath, and has personal knowledge of the facts stated herein the Coflier County Annual Monitoring Report. 2. The undersigned is the Manager of the Corporation. 3. The Corporation was formed under the laws of the State of Florida, is currently in good standing there under, and has not been dissolved. FURTHER AFFIANT SAYETH NAU Cameron Partners, LLC & Cameron Partners II, LLC a, Florida corporation k The foregoing instrument was sworn to, subscribed and acknowledged before me this day of 4�ur1,�S'c _ by �Utl� aQg��t' the (Title) 0 St>n�'L {S.i 'i , a Florida cor oration, who is_oersonally known to me or has produced as identification. JESSICA, NA1iEL0611 Nolsry Pub11c • StAll Of Florida Mo Noy gomm. Expttes Nlsy fS. 2oti Commission N FF ot9264 No ry Public Sanded Thrateplt. SeNoael Nal u try Seal] Printed Name. My Commission Expires: :7 C7 • • ORDINANCE NO. 03-_AjL_ WHEREAS, Richard Woodruff, AICP, of WilsonMiller, Inc., representing U.S. Home Corporation, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Sections 13, 14, 23, and 24, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the "Heritage Bay" PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8613S, 8613N, 8614S, 8614N, 8623S, 8623N, 86245 and 8624N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 2 9th day of JULY ,2003 . 1- . Approved as to Form and Legal Sufficiency Marjorie . Student Assistant County Attorney PU DZ -2002 -AR -2841 /RB/sp BOARD OF COUNTY COMMISSIONERS COLLI:?M:K b� BY: TOM HE G, HAIRMA This ordinance filed with the Secretary of Ste's Office the _bk day of -� , 2095 and acknowledgement of that fill recei ed this � day Of -48 BY o.pnr cr* AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 _ THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH r INCLUDES THE COMPREHENSIVE ZONING REGULATIONS �! FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS JFLORIDA NUMBERED 86135, 8613N, 8614S, 8614N, 8623S, 8623N, 8624S r"A ed �AND 8624N BY CHANGING THE ZONING CLASSIFICATION OF 'A" THE HEREIN DESCRIBED REAL PROPERTY FROM RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT 9beZL--�' KNOWN AS THE "HERITAGE BAY PUD" LOCATED ON THE Dl NORTHEAST 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, CONSISTING OF APPROXIMATELY 2,562 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Richard Woodruff, AICP, of WilsonMiller, Inc., representing U.S. Home Corporation, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Sections 13, 14, 23, and 24, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the "Heritage Bay" PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8613S, 8613N, 8614S, 8614N, 8623S, 8623N, 86245 and 8624N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 2 9th day of JULY ,2003 . 1- . Approved as to Form and Legal Sufficiency Marjorie . Student Assistant County Attorney PU DZ -2002 -AR -2841 /RB/sp BOARD OF COUNTY COMMISSIONERS COLLI:?M:K b� BY: TOM HE G, HAIRMA This ordinance filed with the Secretary of Ste's Office the _bk day of -� , 2095 and acknowledgement of that fill recei ed this � day Of -48 BY o.pnr cr* HERITAGE BAY A PLANNED UNIT DEVELOPMENT PREPARED FOR: U.S. Home Corporation 10491 Six Mile Cypress Parkway Suite 101 Fort Myers, Florida 33912-6404 PREPARED BY: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 and s Young, van Assenderp, Vamadoe & Anderson, PA 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 DATE FILED: July 2002 REVISED: February 2003 REVISED: May 2003 REVISED: July 30, 2003 DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: ,1171r.v 99 -, 2003 ORDINANCE NUMBER: 2nn,4-4n 712112003. 116347 Ver 121- DWEHF C.Y N0442-005-003 PPHS- 26902 • • U • r� L TABLE OF CONTENTS SECTION HERITAGE BAY MASTER CONCEPT PLAN PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE i SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, (WilsonMiller file #C-0442-55, sheet 2 of 2) AND GENERAL DESCRIPTION 1-1 SECTION Ii PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL DISTRICTS 3-1 SECTION IV VILLAGE CENTER DISTRICT 4-1 SECTION V RECREATION, OPEN SPACE DISTRICT 5-1 SECTION VI ACTVITY CENTER COMMERCIAL DISTRICT 6-1 SECTION VII CONSERVATION AND PRESERVATION DISTRICT 7-1 EXHIBITS EXHIBIT A HERITAGE BAY MASTER CONCEPT PLAN (WilsonMiller file #C-0442-55, sheet 1 of 2) EXHIBIT B LOCATION MAP EXHIBIT C HERITAGE BAY BICYCLE PEDESTRIAN PLAN (WilsonMiller file #C-0442-55, sheet 2 of 2) EXHIBIT D-1 WELL SITES PLAN EXHIBIT D-2 POTENTIAL WELL LOCATIONS PLAN 7121!2003-119367 Vet'. 12f-DWEHR CA.43 N0442.005003- PPHS- 26902 • STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of U.S. Home Corporation, hereinafter referred to as U.S. Home, to create a Planned Unit Development (PUD) on 2,562± acres of land located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Heritage Bay. The development of Heritage Bay will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The development will be consistent with the adopted growth policies and land development regulations of the GMP Future Land Use Element (FLUE) and other applicable regulations for the following reasons: Heritage Bay encompasses four square miles of land (Sections 13, 14, 23 and 24, Township 48 South, Range 26 East). Section 23, located at the northeast quadrant of the intersection of Collier Boulevard (County Road 951) and Immokalee Road, is within the GMP's urban boundary and is classified as Urban Residential. Forty acres at the intersection of Collier Boulevard (County Road 951) and Immokalee Road is identified as "Activity Center #3. The remaining three sections within Heritage Bay, Sections 13, 14 and 24, are designated as Rural Fringe Mixed Use. 2. An Urban -Rural Rural Fringe Transition Zone Overlay (URFTZO) encompasses all four square miles of the Heritage Bay PUD. This Overlay includes nine performance standards. The Heritage Bay PUD is consistent with each of these standards: URFTZO Standards • 1. The Heritage Bay PUD exceeds Standard #1 by providing a minimum of 863 acres in its Conservation/Preservation designation which are contiguous to off-site wetlands owned by the Corkscrew Regional Ecosystem Watershed (CREW). 2. The Heritage Bay PUD exceeds the 40% required native vegetation requirement. 3. The Heritage Bay PUD exceeds the 70% open space requirement. 4. To the greatest extent practical, the existing rock quarries are incorporated into the It regional water management system and utilized to accommodate the passing through of off-site water flows and may be used for recreational purposes. 5. The Heritage Bay PUD will connect to the County's regional water and wastewater facilities. 6. The Heritage Bay PUD does not exceed the 3,450 (not including the 200 ALF units) maximum number of residential units on the entire Heritage Bay property. 7. The Heritage Bay PUD is designed to encourage internal vehicle trip capture by providing commercial and recreational uses and providing for pedestrian and bicyclist access to internal community recreation and convenience retail centers. Internal project roadways are connected and provide access to the Activity Center. 8. The Heritage Bay PUD complies with the limitations for commercial development within the URFTZO. The Heritage Bay Activity Center is limited to 40 acres and the three "Village Centers" are limited to 26 acres. The Activity Center commercial uses include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses. The Village Center commercial uses include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of marina related retail uses, and 5,000 square feet of office uses. • 7211200} 11830 Ver 121-OY&HR Uro N0042-005-003- PPHS- 26902 • 9. Section 5.4N of the Heritage Bay PUD requires that one transfer of development right credit shall be acquired from areas identified by the County as "Sending Lands" for each five gross acres of land area utilized as part of the golf course(s). 3. The Heritage Bay PUD includes property designated as Urban, Urban Commercial District, Mixed Use Activity Center Sub -District, Activity Center #3, a "master -planned mixed use Activity Center'. GMP FLUE Section I B 1 states that such master -planned mixed use Activity Centers ". . .are understood to be flexible and subject to modification". The Heritage Bay Activity Center is consistent with the 40 -acre size limitation. Its configuration responds to existing and future surrounding land uses. 4. Heritage Bay is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 5. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 6. The development of the Heritage Bay PUD will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the FLUE. SHORT TITLE This Ordinance shall be known and cited as the "HERITAGE BAY PLANNED UNIT DEVELOPMENT ORDINANCE". 1k Cl 7/2/2000- 119347 Ver: 101• DWEHR C"U N0442-005-003- PPHS- 26902 1-1 • SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Heritage Bay PUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION All of Sections 13, 14, 23 and 24, and less to the South 100 feet of Sections 23 and 24, Township 48 South, Range 26 East, Collier County, Florida. 1.3 PROPERTY OWNERSHIP Purchase contracts have been entered into with the existing property owners. Closings will occur and property acquisition will be concluded at such time as project development plans have been approved by the County and other jurisdictional agencies. The project purchaser/developer is U.S. Home Corporation, whose address is 10491 Six Mile Cypress Pkwy, Fort Myers, Florida 33912. 1.4 GENERAL DESCRIPTION OF PROPERTY 0 A. The project site is located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County, Florida, containing approximately 2,562 acres and is generally located at the northeast corner of the Immokalee Road (CR 846) and Collier Boulevard (County Road 951) intersection. 13. The property has been actively mined for limerock by Florida Rock Industries for over 28 years. Currently the mine is active with 414± acres of existing quarries and is permitted to mine an additional 1,286± acres for an additional 25 years. Sections 13, 14 and 24 of the property contain large wetland areas to the north, which are contiguous to wetlands proposed for the Cocohatchee West Flow -way and approved for designation by the Corkscrew Regional Ecosystem Watershed (CREW) Trust. Approximately 533 acres of the wetlands which exist on the property are in a conservation easement granted to CREW. C. The Heritage Bay PUD is bordered on the east by the Bonita Bay East golf courses, on the north by CREW lands approved for designation as a Natural Resource Protection Area and on the west by the Mirasol PUD. To the south is Immokalee Road. D. The existing ground elevation of the Heritage Bay PUD varies from approximately 11.0 to 15.5 feet NGVD. • 7(11200} 119347 V., 101- DWEHP cua N0442 005 003- PPH$- 26902 • 1-2 1.5 DEVELOPMENT OF REGIONAL IMPACT The Development of Regional Impact (DRI) has been submitted for approval in accordance with Florida Statues, Chapter 380.06. Nothing in this PUD Ordinance shall be deemed to waive the DRI and other vesting provisions of Florida Statutes, Section 163.3167(8) and Chapter 380. 1.6 DEVELOPMENT PARAMETERS A. The number of dwelling units to be built in the Heritage Bay PUD pursuant to this PUD and DRI development order will not exceed 3,450 plus an Assisted Living Facility containing up to 200 units. B. Up to 54 holes of golf may be built in the Heritage Bay PUD C. Commercial activities are limited to a total of 40 acres within the Activity Center located at the northeast quadrant of the intersection of Collier Boulevard and Immokalee Road and three 'Village Centers" totaling approximately 26 acres within the residential part of Heritage Bay. The Activity Center commercial uses will include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses. The Village Center commercial uses will include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet 40 of marina related retail uses, and 5,000 square feet of office uses. D. Conservation and Preserve Areas will total a minimum of 863 acres. 1.7 DENSITY • ,t4. A maximum of 3,450 dwelling units and an Assisted Living Facility containing up to 200 units may be built on the Heritage Bay PUD's 2,562± acres. The gross project density will be a maximum of 1.3 units per acre. For the purpose of calculating density, each assisted living facilities/congregate care facilities unit shall be considered to be equal to .33 of a residential dwelling unit. B. At all times all property included within the Heritage Bay PUD shall be included in determining project density including property reserved or to be dedicated for public uses, such as, but not limited to, public roadways and conservation areas. 71 1200} 119747 Ver' 101- DVVEHR CA.4 N0442.005-007- PPHS- 26902 1-3 • 1.8 BUILDING HEIGHT - DEFINITION The vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See Section 2.6.3 of the LDC, Exclusions from Height Limits). Required minimum floor elevations shall be in conformance with the Collier County Building Construction Administrative Code and, if necessary, FDEP requirements for minimum habitable first -floor structural support. Infrastructure in support of the building, such as mechanical rooms for fire suppression and/or air conditioning equipment and elevator shafts are not included in the determination of building height. Accessory facilities are also exempted from the limitations established for measuring the height of buildings. 1.9 EXISTING EARTHMINING AND RELATED PROCESSING, ASPHALT PLANT, COMMERCIAL EXCAVATION AND OFF-SITE HAULING Nothing in this PUD Ordinance shall limit prior approvals for and the continuation and expansion of the existing earth mining and related processing, asphalt plant, commercial excavation and off-site hauling operations, by Florida Rock industries, Inc. and the Mule Pen Quarry Corporation, their successors and assigns, hereinafter collectively referred to as "Florida Rock Industries." on all areas of the Heritage Bay PUD not designated as a Preserve Area, ! n 7012003-119347 Yef. 101. OWEHR Cnw N0442 005 003 PPHS- 26902 • SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE 2-1 The purpose of this Section is to generally describe the plan of development for the Heritage Bay PUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Heritage Bay PUD, a proposed 25621 acre master planned community located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East in Collier County, Florida, will include a range of single family and multi -family housing, an assisted living facility and both water -related and golf -related amenities, along with three Village Centers, which will provide many services and facilities that support its residents, including, but not limited to club facilities, community meeting rooms, small scale neighborhood commercial goods and services, and a recreation center. The development also includes an Activity Center located at the northeast quadrant of the intersection of Collier Boulevard (County Road 951) and Immokalee Road. Approximately 533 acres of the subject property's wetlands are in a conservation easement that has been granted to the CREW Trust. Additional undisturbed natural • wetlands and uplands on the north end of the property and a mitigation area located near Immokalee Road bring the total Conservation and Preserve Area shown on the Master Concept Plan to 863 acres. The Heritage Bay PUD Master Concept Plan is illustrated graphically on Exhibit "A" (WM, Inc. File No. C-0442-55). A Land Use Summary indicating approximate land use acreages is shown on the Master Concept Plan. The location, size, and configuration of individual tracts shall be determined at the time of preliminary subdivision plat approval with minor adjustments permitted at the time of final plat approval, in accordance with Section 3.2.7.2 of the LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Heritage Bay PUD shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC which are in effect at the time of issuance of any development order to which said regulations relate and which authorize the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. •7!232002.119217 Ver: 111-CNVEHR GSW N0112-005-002- PPHS 26902 2-2 • C. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the LDC remain in effect with respect to the development of the land which comprises this PUD. D. All conditions imposed herein are part of the regulations which govern the manner in which the land may be developed. E. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to the Heritage Bay PUD, except where an exemption is set forth herein or otherwise granted pursuant to Section 3.2.4 of the LDC. F. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to the Heritage Bay PUD, except where an exemption is set forth herein or otherwise granted pursuant to Section 3.3.4 of the LDC. 2.4 COMMUNITY DEVELOPMENT DISTRICT The developer may elect to petition to establish a Community Development District (CDD) to provide and maintain infrastructure and community facilities needed to serve all of or a portion of the project. Such a CDD would constitute a timely, efficient, effective, responsive measure to ensure the provision and on-going maintenance of facilities and infrastructure for the proposed development. Such infrastructure improvements, as would be constructed, managed and financed by such a CDD, shall be subject to, and shall not be inconsistent with, the GMP and all applicable ordinances dealing with planning and permitting of the Heritage Bay project. • 2.5 SUBSTITUTIONS TO DESIGN STANDARDS A. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval. The developer also retains the right to establish gates, guardhouses, other access controls, signs and monuments as may be deemed appropriate by the developer on all project roadways. B. Roadways within the Heritage Bay PUD shall be designed and constructed in accordance with Section 3.2.8. of the LDC with the following substitutions: 1. LDC, Section 3.2.8.3.19: Street name signs shall be approved by the Planning Services Director, but need not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. The requirements for street pavement painting, street striping, and reflective edging shall be waived. 2. LDC, Section 3.2.8.4.16.6: The 1,000 -foot length cul-de-sac street maximum shall be waived. 3. LDC, Section 3.2.8.4.16.5 — Street right of way width: The minimum right of way to be utilized for a local street within the Heritage Bay PUD shall be 50 feet. CA41%3 03 003- 119117 Ver' N!- p'WEHR • Gdb N0442-005-0- PPH3- 26902 • 2-3 C. A pedestrian and bicycle pathway network shall be established throughout the project as shown conceptually on the Heritage Bay PUD Bicycle/Pedestrian Plan. The pedestrian and bicycle system will serve to link the Activity Center and the three Village Centers areas with residential uses throughout the project. See Exhibit "C". Sidewalks and bike paths shall conform to Section 3.2.8.3.17 of the LDC except as follows. All streets designated as "Bikepath Loop" on Exhibit "C" shall have a 4 -four foot wide bike lane on each side of the street within the right-of-way. 2. All locations designated as "Sidewalk" on Exhibit "C" shall have a 4 -foot wide sidewalk on one side of the street within the right-of-way or an off-street sidewalk. 3. The area designated as internal "Bikepath/Sidewalk Loop" on Exhibit "C" shall have an 8 -foot wide internal bikepath/sidewalk loop permitted within the drainage and maintenance easement(s). 2.6 PROJECT NAME AND ROAD NAMES The provisions of Section 3.2.7.1.2 and 3.2.8.3.19 of the LDC and Ordinance No. 03-14 which place restrictions on the duplication or use of closely approximate names, for projects and subdivisions shall be waived to allow the entire project and subdivisions within the project to utilize the words "Heritage Bay" as part of their respective names, provided that: • A. Only the main entrance road within the Heritage Bay PUD may be named Heritage Bay Boulevard. B. No other roadway within the Heritage Bay PUD will include the word "Heritage" in its name. All roadway names shall be subject to approval by the Planning Services Director during the preliminary subdivision plat approval process. 2.7 LAKE SETBACK AND EXCAVATION A. As depicted on the Heritage Bay PUD Master Concept Plan, lakes have been preliminarily sited, with the ultimate location and configuration to be determined during the site development review stages of project development. B. All lakes greater than two acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the LDC. C. Lake banks and edge of water may be sculpted for aesthetic purposes and to complement the overall project theme. The developer may use combinations of vertical bulkheads (rock, concrete, wood), vegetation, beach and earthen berms for aesthetic purposes, consistent with the intent of Section 2.8.3.7.4 of the LDC. Sidewalks may be constructed along the lake edges. D. Final lake area determinations shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7. of the LDC. • T/23R003. 1/8347 Ver: 141-OWEHR cy�J N0442W5.003- PPHS- 28902 2-4 • E. Lake Setbacks 1. The lake setback requirements described in Section 3.5.7.1 of the LDC may be reduced with the administrative approval of the Community Development and Environmental Services Administrator. Z Lake excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, unless bulkheading is provided, per LDC and Florida Department of Transportation (FDOT) standards: a. Lakes and stormwater management features may be located adjacent to internal roads. The roads shall be designed to AASHTO road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and barriers. b. Lakes and stormwater management features shall be set back a minimum of 20 feet from external property boundaries of the Heritage Bay PUD. 2.8 MODEL HOMES/SALES CENTERS/SALES OFFICES/CONSTRUCTION OFFICES A. Model homes, sales centers, sales offices, construction offices, and other uses • and structures inJuding temporary sales and temporary service centers related to the promotion and sale of real estate, such as but not limited to pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Heritage Bay PUD subject to the requirements of Section 2.6.33.4 and, Section 3.2.6.3.6 of the LDC. B. The limitation of Section 2.6.33.4.1.5(a) of the LDC, regarding the number of model homes allowed prior to plat recordation shall be applicable to each subdivision tract rather than each subdivision phase. C. The model home/sale centers temporary use permits shall be valid through the buildout of the project with no extension of the temporary use required. D. Model home/sale centers may be either wet or dry facilities. The model home/sale centers may use septic tanks or holding tanks for waste disposal subject to permitting under Section 10D-6, Florida Administrative Code, and may use potable water, existing lakes or irrigation wells for irrigation. c7/23=03- 119347 Ver 14!- DWEMR • NDi�2.005.003- PPHS- 26902 • 2-5 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or the Heritage Bay PUD Master Concept Plan as provided in Section 2.7.3.5 of the LDC. Minor changes or refinements as described herein may be made in connection with any type of development or permit application required by the LDC. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Heritage Bay PUD Master Concept Plan upon written request of the developer. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County GMP and the Heritage Bay PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, canals, or other water management • facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights -of -ways, including a relocation of access points to the Heritage Bay PUD itself, where water management facility, preservation areas, or required easements are not adversely affected or otherwise provided for. 3. Reconfiguration of parcels when there is no encroachment into the conservation area. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County Staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations in effect prior to the Community Development and Environmental Services Administrator's consideration for approval. D. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for subdivision or site development plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. •7f212003-119347 Ver 141-DWEHR C+W NW42.005-003- PPHS• 20902 2-6 • 2.10 COMMON AREA MAINTENANCE Common area maintenance will be provided by a CDD or a Property Owners' Association. For those areas not maintained by a CDD, the developer shall create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. A CDD or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving the Heritage Bay PUD, in accordance with the provisions of Collier County Ordinances, together with any applicable permits from the South Florida Water Management District. Most common area maintenance will be provided by a Property Owners' Association or other appropriate entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the LDC, Section 2.2.20.3.8. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Heritage Bay PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: • 1. Grassed berms 3:1 2. Ground covered berms 2:1 3. Rip -Rap berms 1:1 with geotextile mat 4. Structural walled and stacked rock berms — vertical B. Fence or wall maximum height: Ten feet as measured from the finished floor elevation of the nearest residential structure within the development. If a fence or wall is constructed on a landscaped berm which includes materials to minimize the visual impact of the wall, the wall height shall be measured from the top of the berm elevation and shall not exceed 8 feet in height. C. Fences and walls which are an integral part of security and access control structures such as gatehouses and control gates shall be governed by the height limitations for principal structures of the District in which they are located. In the case of access control structures within rights-of-way adjoining two or more different Districts, the more restrictive height standard shall apply. D. Fences or walls may be placed zero feet from the internal rights-of-way provided that shrubs are provided in the right-of-way and may be located five feet from the project perimeter. 712W2903- 1191347 ver, ,/!• WVEHR • CAW N0442.005.003- PDM5- 26902 • 2-7 E. Water management systems, drainage structures and utilities are allowed in landscape buffers/easements subject to the provisions in Section 2.4.7.3 (1), (2) and (3) of the LDC. Pedestrian sidewalks and or bike paths and signs are allowed in landscape buffers/easements subject to the provisions of Section 2.4.7.3.(4) of the LDC. F. Within the project, landscaping (including palm trees, shrubs and ground cover), sidewalks/paths will be allowed within a utility easement, including placement within three feet of a utility line. Canopy trees may be located seven feet from the utility line, said seven feet being measured from the trunk of the tree to the center of the utility line. Reconstruction of sidewalks/paths, or modification/reinstallation of plant materials due to the necessary maintenance of utility lines will be the responsibility of the developer, its successors, or assigns. 2.12 CLEARING AND FILL STORAGE A. Fill storage is generally permitted as a principal use throughout the Heritage Bay PUD. Fill material may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the developer shall notify the Community Development and Environmental Services Administrator. The following standards shall apply: 1. Stockpile maximum height: 45 feet is 2. Fill storage areas in excess of 5 feet in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers, if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). B. Soil erosion control shall be provided in accordance with Division 3.7 of the LDC. 2.13 PRELIMINARY SUBDIVISION PLAT PHASING %Submission, review, and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.14 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Heritage Bay PUD except in the Preserve District. General permitted uses include the continuation of earth mining, asphalt/concrete plant, rock crushing and commercial excavation operations, and those uses which generally serve the residents of the Heritage Bay PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under Section 2.6.9.1 of the LDC. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. is TR3/lpD3. 119347 Ver: 141-DWEMR uJp N0442 -DOS -003- PPHS- 26902 2-8 0 4. Septic system for remote golf shelters 5. Water management facilities and related structures including lakes with bulkheads or other architectural or structural bank treatments. 6. Guardhouses, gatehouses, and access control structures. 7. Architectural features and elements including walls, fences, arbors, gazebos and the like. 8. Community and neighborhood parks, boardwalks, trails and recreational facilities. 9. Temporary construction, sales, and administrative offices for the developer and the developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 10. Landscape/hardscape features including, but not limited to, landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.11 of the Heritage Bay PUD. 11. Fill storage, site filling and grading are subject to the standards set forth in Section 2.12 of the Heritage Bay PUD. 12. Earth mining and related processing, asphalt/concrete plant, rock crushing, commercial excavation and off-site hauling, subject to the terms of prior • approvals referenced in Section 2.7 — Lake Setback and Excavation of the Heritage Bay PUD and the following: a. Florida Rock Industries will continue to conduct mining operations and mining related activities on portions of the site pursuant to Collier County Excavation Permit No. 59.113, and any subsequent modifications approved by Collier County, for the portions of the property owned by Florida Rock Industries. This project will be developed in stages through transfer of property ownership from Florida Rock Industries to U.S. Home Corporation. b. Where the existing approvals and excavation permit are less restrictive by their terms than the provisions of the Heritage Bay PUD approval, the provisions of the existing excavation permit and other approvals shall prevail for any areas that remain owned by Florida Rock Industries, Inc. For any areas that are transferred to U.S. Home, the terms of the Heritage Bay PUD Ordinance shall control. C. Excavation for earth mining shall be consistent with that shown on the Heritage Bay PUD Master Concept Plan. No additional impacts to the Preserve Area shall be allowed as a result of the existing excavation permit for earth mining activities. 712](200)-119]47 Ver.14!-DWEMN NN4 ' N0442.005-00]- PPHS- 26902 • • M01 B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to general permitted uses: 1. Guardhouses, gatehouses, signage, landscape features, and access control structures shall have no required setback. 2. Other general permitted uses shall be set back a minimum of five feet from property lines except for the temporary treatment plant which shall have a minimum setback of 100 feet from property lines. 3. Minimum distance between structures which are part of an architecturally unified grouping — Five feet. 4. Minimum distance between unrelated structures — Ten feet. 5. Maximum height of buildings — 35 feet. 6. Maximum height of architectural features — 65 feet. 7. Maximum height of earth mining, asphalt/concrete plant and rock crushing structures - 50 feet. 8. Minimum floor area - None required. 9. Minimum lot or parcel area - None required. 10. Sidewalks and bikepaths may occur within County required buffers subject to the provisions in Section 2.4.7.3.(4) of the LDC. 11. Standards for parking, landscaping, signs and other land uses, where such 1k standards are not specified herein, are to be in accordance with the LDC provision(s) in effect at the time this PUD is approved. 2.15 OPEN SPACE REQUIREMENTS The Heritage Bay PUD Master Concept Plan identifies approximately 1793± acres included in the preserves, lakes, recreation, open space, golf courses and buffer areas. These areas fully satisfy the open space requirements of Section 2.6.32 of the LDC and the requirement in the Urban -Rural Fringe Transition Zone Overlay that "70% of the property be open space". 2.16 NATIVE VEGETATION RETENTION REQUIREMENTS The 863± preserve acres on site fully satisfy the requirements of Section 3.9.5.5.2. of the LDC. 723)200411 9347 Ver tet•DWEHR c.an 0 N0442-005•003- PPHS- 26802 2-10 • 2.17 SIGNAGE A. General 1. All Collier County sign regulations in force at the time of approval of this Ordinance shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. 3. Should any of the signs be placed within a County dedicated right-of-way, a right-of-way permit shall be applied for and approved, except for signage pertaining to and/or facilitating traffic movement. 4. All signs shall be located so as not to cause sight line obstructions. 5. All internal project rights-of-way may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. 6. Signs may be allowed in landscape buffers/easements Ol 7. Entrance and boundary markers may be placed prior to subdivision approval provided a building permit for the markers is obtained prior to placement. B. Boundary Markers Boundary marker monuments containing project identification signs designed to promote the project or any major use within the project shall be permitted along the project boundaries. V -type boundary marker monuments shall be permitted only at intersections. 2. A maximum of ten boundary marker monuments shall be permitted. 3. The sign face area of each side of the boundary marker monument shall not exceed 64 square feet and shall not exceed the height or length of the monument upon which it is located. If the boundary marker monument is two-sided, each sign face shall not exceed 64 square feet of area. 4_ The total sign face area shall not exceed 64 square feet, The size of the letters, graphics, and the typography and color scheme used in each individual project, business, or directional identification on boundary marker monument(s) shall be similar to and consistent with the other identifications placed on the same boundary marker monument. 72312Q03- 119747 Ver14F OWEHR cwt N0442.005-003- PPHS. 26902 • 2-11 5. Sign face area is calculated by total square footage of name, insignia, and motto only. 6. Boundary marker monuments may not exceed a height of eight feet above the crown of the nearest road. 7. Boundary marker monuments may be lighted provided all lights are directed to the sign or are shielded. C. Directional or Identification Signs 1. Directional or identification signs may be allowed internal to the Heritage Bay PUD. Such signs may be used to identify the location or.direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. 2. Individual signs may be a maximum of 6 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum height of eight feet. 3. No building permit is required unless such signs are combined to form a menu board. D. Residential Project Entrance Signs 1. One ground or wall -mounted entrance sign may be located on both sides of each entrance right-of-way and in the entry median of each individual residential development within the Heritage Bay PUD. Such signs may contain the name of the subdivision and the insignia or motto of the development. These signs may be one, two or three -sided. 2. The size of letters, graphics, and the typography and color scheme used in individual project on an entrance sign shall be similar and consistent. Such signs may contain up to four individual project or identification message areas per side, as long as the total sign face on each side does not exceed 100 square feet in area. 3. No sign face area shall exceed 100 square feet and the total sign face area at each entrance may not exceed 200 square feet. If the sign is a single, two-sided sign, each sign face shall not exceed 100 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. Where a three -sided sign is utilized, the third sign side shall face internal to the development and the sign message area shall not exceed ten square feet. 4. The setback for the signs from any rights-of-way and any perimeter property line shall be five feet. I* 783/2007 119741 Ver. NI- OWEHR Giya3 N0442-005.003- PPHS- 20902 2-12 is Entrance signs may be lighted provided all lights are directed to the sign or are shielded. 6. Entrance signs shall not exceed a height of 20 feet above the finished grade level of the sign site. For the purpose of this provision, finished grade level shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road. E. Internal Signs Residential and community facility entrance signs may be located on both sides of the neighborhood entrance street and within the entry medians. Setbacks from internal road rights-of-way may be zero feet. Such signs shall be used to identify the location of neighborhoods, clubhouse, recreational areas and other features within the Heritage Bay PUD. Individual signs shall be a maximum of 100 square feet per sign face area. Such signs shall have a maximum height of 12 feet. No building permit is required. 2. Identification signs for approved uses such as sales centers, information centers, Village Centers, or the individual components of the development may be allowed internal to the project. Individual signs shall be a maximum of 6 square feet per side. Signs maintaining a common architectural theme may be combined to form a menu board and shall be a maximum size of 64 square feet per side and a maximum height of 8 feet. F. Village Center Signs 1. Village Center entrance signs may be located on both sides of the entrance drive to a Village Center and within its entry median. Setbacks from internal road rights-of-way may be zero feet. Such signs may be used to identify the location of Village Center, clubhouse, recreational areas and other features within the Heritage Bay PUD. Individual signs shall be a maximum of 100 square feet per sign face area. Such signs shall have a maximum height of 12 feet. No building permit is required. 2. Wall, Mansard, Canopy or Awning Signs a. One wall, mansard, canopy or awning sign shall be permitted for each single -occupancy parcel, or for each establishment in a multiple -occupancy parcel. Corner units within multiple - occupancy parcels, or multi -frontage single -occupancy parcels shall be allowed three signs. Such signs shall not be combined for the purpose of placing the combined area on one wall. In addition, outparcels within a Village Center shall be allowed one additional wall sign facing the Village Center, if the additional sign is not visible from any road right-of-way. The combined area of 712311003- 11937 ver. tn- DVYEHR craw NOl42-005-O03- PPHS. 26902 • 2-13 those signs shall not exceed the maximum allowable display area for signs. b. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not, in any case, exceed 250 square feet in area for any one sign. 3. Pole signs Two pole signs shall be permitted for each internal street, provided there is a 500 -foot separation between such signs. a. Maximum allowable sign area: 100 square feet per side, if two sided b. Maximum allowable height: 20 feet C. Setbacks: 10 feet from any rights-of-way or property lines. d. Spot or floodlights may be permitted provided said light shines only on the signs and is shielded from motorists and adjacent residents. 4. Projecting signs • Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. a. A projecting sign shall not project more than four feet from the building wall to which it is attached. b. A projecting sign shall not extend above the roofline of the building to which it is attached. C. Projecting signs shall not project into rights-of-way. d. Projecting signs, which project over any pedestrian way(s), shall be elevated to a minimum height of eight feet above such pedestrian way, 5. Under -Canopy Signs In addition to any other sign allowed by this ordinance, one under -canopy sign shall be allowed for each establishment in the Village Center. Such a sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade. •71234003. 119347 Ver: 111-OVVEHR CJn NO442-005.003 PPHS• 26902 2-14 • G. Activity Center Commercial Signs Activity Center Commercial Project Entrance Signs, Project Directory Signs, and Free -Standing Use Monument Signs shall conform to the requirements of Division 2.5 of the LDC. H. Real Estate Signs Real estate signs with a maximum size of six square feet per side shall be permitted. No building permit is required. Temporary Signs Temporary signs shall conform to the requirements of Division 2.5 of the LDC. J. Special Event signs are permitted. Such signs shall not exceed 32 square feet in size per side. Such sign shall be located no closer than 15 feet to any property line. No building permit is required. K. Grand Opening Signs Grand Opening Signs may be displayed on-site. Such sign shall not exceed 32 square feet on a side and 64 square feet total. Any banner signs shall be • anchored and shall be displayed on-site for a period not exceeding 14 days within the first three months that the entity displaying the sign is open for business. L. Construction Entrance Signs 1. Two "construction ahead" signs may be located at appropriate distances from a construction entrance. Such signs shall be a maximum of 20 square feet each in size. No building permit is required. 2. One sign may be located at each construction entrance to identify the entrance as such. Such signs shall be a maximum of 20 square feet each in size. No building permit is required. M. Traffic Signs 1. Traffic signs, such as street signs, stop signs, and speed limit signs, shall be designed to reflect a common architectural theme. 2. The placement and size of such signs shall be in accordance with FDOT criteria. 7/25/7007- 116547 Ver: 111- pWENR • cA40 N0112-005-005- PPHS- 26902 • 2-15 2.18 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 01-57, as amended, except as may be provided in Section 2.4 of this Document. B. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.4 of this document. C. Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal, subject to permitting under Rule 10D-6, Florida Administrative Code, and may use potable or irrigation wells. D. Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks for waste disposal, subject to permitting under Rule 10D-6, Florida Administrative Code, and may use potable or irrigation wells. • 2.19 SURFACE WATER MANAGEMENT SITE FILLING AND GRADING A. In accordance with the rules of the South Florida Water Management District, this project shall be designed for a storm event of a three-day duration and 25 -year return frequency. B. The Heritage Bay PUD is a reclamation project from an existing mining activity. Lake excavations and littoral zone plantings shall conform to the requirements of the GMP and LDC in effect at the time of final development order approval. The following GMP policies and LDC regulations have been applied to this PUD to create the resultant regulations. The Heritage Bay PUD shall comply with the regulations for all wet detention ponds that are used as a part of its water management system, as identified by its South Florida Management District Environmental Resource Permit. Wet detention ponds are described as lakes that provide 1" of water quality detention. Attenuation lakes are described as lakes that provide flood attenuation but not the required water quality detention. Wet detention ponds, or portions thereof, within the urban boundary shall have a littoral shelf with an area equal to 7% of the pond's surface area measured at the control elevation. The littoral areas shall be planted with native aquatic vegetation. Wet detention ponds, or portions thereof, outside the urban boundary shall have a littoral shelf with an area equal to 30% of the pond surface area measured at the control elevation. The littoral areas shall be planted with native aquatic vegetation. The •712312403. 119347 Ver. 14!-OWEHR CMU N0442.005-003- PPHS- 26902 2-16 • total area of littoral plantings shall be calculated and the planting areas shall be provided in accordance with Division 3.5 of the LDC. ' 2. As an alternative to the planting or creation of littoral shelves, credit for wetlands that are preserved above the minimum required by Policy 6.1 of the Conservation and Coastal Management Element shall be applied toward meeting littoral zone planting area requirements on a ratio of one to one. For each acre of wetlands set aside above the minimum requirement of said Policy 6.1, one acre of littoral zone plantings shall be subtracted from the littoral zone planting area requirements. Said Policy 6.1 requires preservation of 40% of native vegetation present not to exceed 25% of the total PUD property. Twenty-five percent of the PUD's total site area (2562 acres) is 640 acres. This PUD provides for preservation of 863 acres of native vegetation including wetlands that have significant hydrologic value, therefore the extra 221 acres shall be credited toward meeting littoral zone planting area requirements. C. Lake side slopes shall be sloped at 4:1 from control elevation to a depth of five feet. 2.20 ENVIRONMENTAL A. The developer shall be subject to Division 3.9 of the LDC, in effect at the time of permitting, requiring the acquisition of a tree removal permit prior to any land . clearing. B. All invasive exotic plants, as defined in the LDC, shall be removed from development areas, open space areas, and preserve areas during each phase of construction. Following site development, a continuing maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. C. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall he provided in accordance with Section 3.2.8.4.7.3 of the LDC. Conservation easements shall be dedicated on the plat to the homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. D. Buffers shall be provided around wetlands, extending at least 15 feet landward from the edge of wetland preserves in all places and averaging 25 feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Environmental Services Staff. E. Final alignment and configurations of water management structures 'shall be subject to minor field adjustments to minimize habitat destruction. 712312003- 118347 Ver: tn- 6WEHR • 0�,o N0142-005-003- PPHS- 26902 • 2-17 F. The developer shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species on-site. A Habitat Management Plan for those protected species shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. 2.21 TRANSPORTATION A. The developer shall provide street lighting at the project entrances in conjunction with the construction of same. B. The developer shall make a fair share contribution toward the capital cost of a traffic signal on Immokalee Road and any access point(s) when, and if deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. C. The developer shall dedicate a 100 -foot right-of-way along the western boundary of the Heritage Bay property from the southwest corner of the property north to the conservation/preserve area (approximately the mid -point of Section 14), which is a distance of generally 1'/s mile, to the County. The developer shall receive no impact fee credits for the dedication. The dedication shall take place • within the timeframe established by Subsection 2.2.20.3.7 of the LDC. D. If the County acquires the needed right-of-way at the intersection of County Road 951 and Immokalee Road (not owned or controlled by the developer), then the developer shall construct for a distance of '/z mile from said intersection a 2 -lane access road within the 100 -foot dedicated right-of-way. The developer shall receive no impact fee credits for the cost of such construction. The developer shall construct this 2 -lane access road to arterial standards within a multilane urban arterial cross section. E. Within 45 days of the County's issuance of a Notice to Proceed on a construction contract to widen Immokalee Road to six lanes between 1-75 and the eastern boundary of the Heritage Bay project, the developer shall prepay to the County the first $5,000,000.00 of the Heritage Bay road impact fees for the purpose of advancing the six-laning of Immokalee Road from 1-75 to Collier Boulevard and from Collier Boulevard to the eastern boundary of the Heritage Bay project. In exchange for this prepayment, Collier County shall: (a) modify the Immokalee Road construction project east of Collier Boulevard (Project #60018) to provide six lanes on Immokalee Road from Collier Boulevard to at least the eastern boundary of Heritage Bay, and (b) advance the construction of the six-laning of Immokalee Road between 1-75 and Collier Boulevard to at least 2006, unless unforeseen circumstances make it impractical to meet this schedule. If the construction is phased as two or more phases, the impact fee prepayment shall be phased and equally apportioned for each phase. •727I2907-118717 Ver: 11!-pWEHF cNQ N0112 -005A07- PPMS- 26902 2-18 0 F. The road impact fee prepayment of $5,000,000.00 shall be applied as the first 50% payment required under Division 3.15 of the LDC to obtain Certificates Of Public Facility Adequacy which Certificates shall be issued by County upon receipt of payment. G. The developer shall not request a full median opening on Immokalee Road, nor on County Road 951, any closer than '/2 mile from the intersection of said roadways. However, a right -in and right -out access may be constructed on either or both of these roadways within that 'h mile distance at the Y4 mile distance. H. The developer shall not be entitled to receive building permits for more than 2,588 dwelling units (which represent 75% of the total approved number of dwelling units) until the first of the following occurs: (1) County Road 951 Extension is under construction to connect to Bonita Beach Road for more than % a mile north of its current terminus at Immokalee Road, or (2) after July 1, 2006 and together with the completion of the Lee/Collier County Project Development and Environmental Study for County Road 951 Extension and approval of the" no build" option by the respective Lee and Collier County Commissions, or (3) July 1, 2008. Building permits for dwelling units which meet the County's guidelines for workforce or affordable housing are exempt from and shall not be included in calculating the 2,588 dwelling unit building permit limitation. 2.22 OTHER PUBLIC BENEFIT COMMITMENTS A. General Government Site • The developer agrees to donate 7.73 acres to the County for utilization by the County as a satellite operations center including emergency medical services, sheriff's substation, fire station, pump station, well site and general government center including offices for other constitutional officers. This donation is not subject �. to the receipt of impact fee credits. B. Parks and Recreation The developer agrees to prepay $2.8 million in parts impact fees to the County within 45 days of the effective date of this Ordinance. This amount shall be credited against the park impact fees due from the development. Additionally, the developer will donate $717,000 to the County for use in developing regional park facilities. This payment is in lieu of any donation to the County of any lake system, or access thereto, within the project. C. Well Sites Responsibility of the Developer: 7/230003- 119347 Ver /41- DWEHR • c� N6/42-001003- PPMS- 215002 • 2-19 1. Provide locations for six potential well sites with each site capable of fitting two wells for use by Collier County for potable water supply wells, supplemental water wells, and/or aquifer storage and recovery wells. 2. Three well sites will be located as shown on Exhibit D 1. The easements for each well site will be as shown on Exhibit D 1. 3. Well sites 4 — 6 may be located in one of the following two optional locations with the understanding that wells 4, 5 and 6 must be located within the same optional location. The optional locations are: Option 1 — 951 right-of-way as deeded by the developer to Collier County Option 2 — Littoral zone between the recreational lake and the south property line of the project. These two optional locations are shown on Exhibit D 2. It is agreed that Option 1 will be utilized provided that the Predesign and Engineering (PD&E) study for the 951 extension shows that 951 is not feasible for construction at this location, which is approximately 1 mile north of the Immokalee Road/951 Intersection. Should the PD&E study show the feasibility of 951 at this location, then Option 2 will be utilized. 4. Sizing of Electrical Systems for Heritage Bay will be coordinated with Collier County to ensure that FP&L projections and installation of equipment will accommodate these well pumps and generators. 5. Proposed well locations shown on Exhibits D 1 and 2 will not be utilized for littoral credit or be placed in a conservation easement by the developer. 'Collier County Government will be Responsible for: 1. Design, permitting, funding, developing, and maintaining all transmission lines, wells and well sites located on the Heritage Bay project. 2. All wells and generators will be encased within a building which is architecturally compatible with the surrounding buildings or located in an underground vault. 3. Total cost of transmission lines including design, purchase, and installation. 4. Well sites may result in environmental impacts. Mitigation and all associated cost and permitting will be by Collier County. General Conditions: The easement granted for each well site shall be as shown below: 1* 712312003.119347 Ver: 141-OWEHR CAM] N0442-00"03- PPHS- 26902 2-20 • 1. Well Site 1 - 100 feet by 100 feet 2. Well Site 2 — 150 feet by 150 feet 3. Well Site 3 — 100 feet by 100 feet (all above ground facilities shall be low profile and minimized to the greatest extent possible at this location) 4. Well Site 4, 5 and 6 a. Option 1 locations — 100 feet by 150 feet b. Option 2 locations — middle site 150 feet by 150 feet and two sites on either side 100 feet by 100 feet 5. Landscaping shall be initially installed by Collier County to specifications mutually agreed to between the developer and Collier County. Once installed the developer shall be responsible for the maintenance of landscaping for well sites 1-2 and for well sites established under Option 2. Landscaping for well sites established under Option 1 will be maintained by Collier County Government. 6. Approximate locations are shown in the attachments. Final locations to be approved by US Home or the landowner. . 7. Proposed wells will not prohibit or impact existing or proposed land uses. 8. Transmission lines will be located around the perimeter of the project either within the 100' right-of-way dedication to Collier County along the western property boundary or within the SFWMD 100' Canal right-of-way. 2.23 ARCHAEOLOGICAL RESOURCES A. Any significant archaeological sites discovered within the Heritage Bay PUD shall be preserved in perpetuity and shall be recorded as "preserve" on all appropriate plats, site plans, and the Master Development Plan for the Heritage Bay PUD, B. In areas where there are existing archaeological sites in the vicinity of proposed development, a buffer or conservation easement averaging 25 feet in width, or other equivalent protection (such as temporary fencing or other structural barriers), shall be placed around the archaeological sites. Any exotic vegetation removal in these areas shall be by hand and not by mechanical means. C. The developer shall support registration of any significant archaeological sites in the National Register of Historic Places. 723/2003- 119317 VeI. NI-DINENR cru N0442.005-003- PPHS- 26902 0 2-21 D. The developer shall cooperate with the Division of Historical Resources' (DHR) investigation of any existing sites by allowing access to the archaeological sites by the State, whenever such access can be reasonably accommodated. E. If any additional archaeological/historical sites are discovered during development activities, all work in the immediate vicinity of such sites shall cease immediately, and the developer shall contact DHR, Southwest Florida Regional Planning Commission (SWFRPC), and Collier County Code Enforcement Department so that a state -certified archaeologist can determine the significance of the find and recommend appropriate preservation and mitigation actions, as necessary. 2.24 AFFORDABLE HOUSING A. The developer shall construct on-site on the lands designated "AC/R311 on the Master Concept Plan a minimum of 160 townhouse units and a maximum of 190 townhouse units to be offered for sale to persons meeting the Collier County affordable housing guidelines for 80% moderate income level for a period beginning with the date of issuance of the building permit for each building containing said townhouse units, and continuing for six (6) months thereafter, or for 30 days after the Certificate of Occupancy for each building containing said townhouse units is issued, whichever is later. Also, for a time period extending from the date of the issuance of the Certificate of Occupancy, the developer shall • offer the remaining unsold units to the County or its designee for purchase for a period of 45 days after which time any unsold unit may be sold at market rates. B. The developer shall donate $475,000 to Habitat for Humanity of Collier County ("Habitat"). The donation represents one-half of the purchase price of 10 acres of land currently under contract by Habitat and located just south of Immokalee Road and generally east of County Road 951. The donation shall occur within 120 days of the final approval of the Heritage Bay PUD/DRI by the Board of County Commissioners and the expiration of all appeal periods without an appeal being filed. C. Prior to the issuance of the final Certificate of Occupancy for the development the developer shall have all the affordable housing units on-site completed and available for occupancy. At a minimum, the affordable housing units shall be phased in thirds to coincide with the development of other residential dwelling units in the project. D. If the developer constructs less than 190 affordable housing townhouse units on- site, for each unit less than the maximum of 190, the developer shall donate the sum of $10,000 per unit to Habitat. For example, if 180 affordable housing townhouse units are constructed on-site, the developer would donate $100,000.00 to Habitat, which represents 10 units times $10,000. E. At any time in the future, should the developer request an extension to the approved build -out date for the project, the developer shall re-examine the housing needs of the project and provide an updated re -analysis of the affordable housing required. The developer shall use the methodology in use at 7!002003-119347 Ver151-DWEHR C-3 N0442-005.000- PPHS. 2690I 2-22 • the time of the re -analysis by SWFRPC, the Florida Department of Community Affairs, and Collier County. Any future mitigation requirements that are caused as a result of the re -analysis shall be consistent with the options listed in Rule 9J- 2.048 of the Florida Administrative Code. 2.26 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. 2.26 SUNSETTING This PUD is not subject to the sunsetting provision of Section 2.7.3.4 of the LDC. The DRI Development Order for the Heritage Bay Community, relative to duration, shall govern. • i • 7130;2003. 119317 ver: 151- DWEHR cwo N0442-005-003- PPHS- 26902 • 3-1 SECTION III RESIDENTIAL DISTRICTS 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as "R1", "R2", "R3" and "R4" Districts 3.2 GENERAL DESCRIPTION Areas designated as "R1", "R2", "R3" and "R4" Districts on the Heritage Bay PUD Master Concept Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R1", "R2", "R3" and "R4" Districts is indicated on the Heritage Bay PUD Master Concept Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2, respectively, of the LDC, Residential tracts are designed to accommodate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas. 3.3 PERMITTED USES AND STRUCTURES - "R1" AND "R2" DISTRICTS No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. Single family detached dwellings. 2. Single family attached, townhouse dwellings and duplexes. 3. Zero lot line dwellings 4. Multi -family dwellings, low-rise 5. Assisted living facilities 6. Model homes, sales centers including administrative offices and construction offices. 7. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the principal uses permitted in this District, including garages, gazebos, picnic areas, • pedestrian and bicycle paths, tennis courts, swimming pools, other facilities intended for outdoor recreation, project maintenance facilities, M=003- 119347 Ver 151. D%WHR c•w N0442-005.003- PPttS- 26902 3-2 • guest houses, cabana bedrooms, boat docks, beaches, boat ramps, piers or other such facilities constructed for purposes of lake recreation for residents of the project and their guests, other recreational facilities. 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 3.4 PERMITTED USES AND STRUCTURES - "R3" DISTRICT No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. All of the uses permitted in the Residential "R1" and "R2" Districts. 2. Multi -family dwellings, low-rise. 3. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1. All of the accessory use permitted in the Residential "RV and "R2" Districts. 0 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 3.5 PERMITTED USES AND STRUCTURES - "R4" DISTRICT It No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or part, for other than the following: A. Principal Uses: 1. All of the uses permitted in the Residential "R3" District, 2. Multi -family dwellings, mid -rise. 3. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1. All of the accessory use permitted in the Residential "R3" District. 2. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. • 717011003. 119347 Ver: 151- DVVEHR ciu N0442 005 003- PPHS- 26902 • 3-3 3.6 DEVELOPMENT STANDARDS A. Table 1 and Table 2 set forth the development standards for land uses within the "R1", "R2", "R3" and "R4" Districts. B. Site development standards for single family uses apply to individual residential lot boundaries. Multi -family standards apply to platted parcel boundaries. C. Multiple family buildings shall have 1.5 parking spaces for all bedroom unit types, with an additional 10 percent of parking for multiple family buildings to accommodate guest parking. D. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC in effect at the time of site development plan approval or preliminary subdivision plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. E. Development standards for uses not specifically set forth in Table 1 and Table 2 shall be established during site development plan approval as set forth in Division 3.3. of the LDC in accordance with those standards of the zoning district which is most similar to the proposed use. F. Required property development regulations may be approved that are different than those set forth in Table 1 and Table 2, subject to the requirements of Section 2.6.27 of the LDC. Common open space requirements are deemed satisfied pursuant to Section 2.15 of this PUD. G. Off Street Parking For Multi -Family Uses 1. A green space area of at least 10 feet or more in width as measured ` from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road, with the exception of cul- de-sacs serving 24 units or less. 2. Off-street parking required for multi -family tracts of 120 or more units shall be accessed by parking aisles or driveways which are separated from any abutting roads that serve the development. 3. A cul-de-sac road within the development may have abutting surface parking where the parking serves 24 units or less. • 713012003. 119347 Ver 151- DWEHA C� N0442-005-007- PPHS- 26902 H. Single family zero lot line dwellings are identified separately from single- family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying development standards under Table 1 and Table 2. Zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Subsection 2.6.27 of the LDC. 3-4 • 1. Attached or detached residences which include those having cabana bedrooms accessed from the courtyard and not the main house are permitted providing that: 1. The cabana structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance in elevation from the street of being one single-family residence, 2. The cabana structures must be accessible only from the enclosed courtyard and must not be accessible directly from the street; and 3. The cabana structure may not contain primary cooking facilities. J. In the case of residential areas with a Traditional Neighborhood Development (TND), the TND shall be deemed a common architectural theme. Required property development regulations may be approved that are different than those set forth in Table 1, subject to approval by the Collier County Planning Commission, in accordance with the criteria contained in Section 2.6.27.4.6.1 through 2.6.27.4.6.3 of the LDC. Common open space requirements are deemed satisfied pursuant to Section 2.15 of this PUD. K. For the purpose of calculating density in the "R1", "R2", "R3" and "R4" Districts when assisted living facilities/congregate care facilities are developed, each such facility's dwelling unit shall be considered to be equal to .33 of a residential dwelling unit. L. Standards for trash or recycle receptacles shall conform with Section 2.6.15 of the LDC except in the case of multiple family buildings that do not receive curbside service pick up and choose to use dumpster service. In that case, at least one standard size bulk container per every thirty units shall be required. 7nOr1003-119 47 ver: 15a OWEHF CASA N0142-005-007 PPHS- 20902 • 3-5 TABLE 1 DEVELOPMENT STANDARDS FOR "111" RESIDENTIAL DISTRICT 1 Front yards for dwellings and side -entry garages are measured from back of curb or edge of pavement (if not curbed). Front yards for a front- loaded garage are measured from garage door to back of curb, edge of pavement or sidewalk, whichever Is closer to the garage door. 2. Where adjacent to a golf course, lake (measured from top of bank), or open space reduced to 0 feet. 3. Building height - See Section 1.8. 4. All zero lot line units in a series shall have the 0 -foot side setback on the same side of the lot. The zero foot setback side may change only if a minimum 10 foot wide space is provided in the form of an easement, golf course crossing, or the like, which separate the lots. 5. Minimum lot width may be reduced by 29% for ail -de -sac lots provided minimum lot area requirements are met. & For any lot served both by a street and an alley, the lot line adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the edge of pavement. 7. Guesthouses or cabana bedrooms are subject to the setback requirements for principal structures. 8. The side comer setback shall be the same as the required side principal structure setback. 9. Site depth average — determined by dividing the site area by the site width. 10. Accessory pool enclosuretscreen lanai setback may be reduced to 0 feet when attached to common privacy wall. 11. Accessory pool enclosure/screen lanai setback from lake maintenance easement may be reduced to 0 feet. 12. Common architectural features such archways, arbors, and courtyard entry features shall be exempt from the minimum yard requiremenls listed above. 13. For the purpose of Table 2, the term "muiti-family building" includes assisted living facilities 7/70/2D03- 116041 ver 161- DWEHH wai ND/42-00S000- PPHS- 26902 SINGLE SINGLE SINGLE MULTI FAMILY FAMILY ZERO LOT LINE DUPLEX FAMILY FAMILY DETACHED DETACHED ATTACHED & DWELLINGS 1 2 TOWNHOUSE Low -Rise Minimum Lot Area 5,000 sq.ft. 2,800 sq.ft. 3,500 sq.ft. 3,500 sq.ft. 2,000 sq.ft. 10,000 sq.ft. Minimum Lot Widths 50 ft. 35 ft. 35 ft. 35 ft. 20 ft. 100 ft. Minimum Average Site 100 ft. 65 ft. 100 ft. 100 ft. 40 ft. 120 ft. Depth Principal & 20 ft. 20 ft. 15 ft. 15 ft. 20 ft. 15 ft. Accessory Garage Front Yard Front/Side 23 ft./10 ft. 23 ft./10 ft 23 ft./10 ft 23 ft./10 ft 23 ft./10 ft 23 ft./10 ft Setback 1,7, Entry 12 Garage or Carport on Parking n/a n/a 0 ft. 0 ft. n/a 0 ft. Lot Accessway Rear Yard Principal 10 ft. 5 ft. 10 ft. 10 ft. 10 ft. 20 ft. Setback Accessory s,7 2,10,11,12 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 10 ft. 0 ft one side 10 ft. other side Side Yard Setback OR '/z the Building Principal & Accessory 6 ft. 6 ft. 3'-1" one side 6 ft. 0 ft or 7'/2 ft Height g 2,4,7,9,10,11, 12 6'-11" other side OR 5 ft. on both sides Principal 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. Preserve Setback "Aocessory 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Maximum Height 3 35 ft. 35 ft. 35 ft. 35 ft. 50 ft. 65 ft. '/2 the Sum of Distance Between n/a n/a n/a n/a 10 ft. the Building Principal Structures Heights Minimum Floor Area 1,000 sq.ft. 900 sq.ft. 900 sq.ft. 900 sq.ft. 750 sq.ft. 750 sq.ft. 1 Front yards for dwellings and side -entry garages are measured from back of curb or edge of pavement (if not curbed). Front yards for a front- loaded garage are measured from garage door to back of curb, edge of pavement or sidewalk, whichever Is closer to the garage door. 2. Where adjacent to a golf course, lake (measured from top of bank), or open space reduced to 0 feet. 3. Building height - See Section 1.8. 4. All zero lot line units in a series shall have the 0 -foot side setback on the same side of the lot. The zero foot setback side may change only if a minimum 10 foot wide space is provided in the form of an easement, golf course crossing, or the like, which separate the lots. 5. Minimum lot width may be reduced by 29% for ail -de -sac lots provided minimum lot area requirements are met. & For any lot served both by a street and an alley, the lot line adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the edge of pavement. 7. Guesthouses or cabana bedrooms are subject to the setback requirements for principal structures. 8. The side comer setback shall be the same as the required side principal structure setback. 9. Site depth average — determined by dividing the site area by the site width. 10. Accessory pool enclosuretscreen lanai setback may be reduced to 0 feet when attached to common privacy wall. 11. Accessory pool enclosure/screen lanai setback from lake maintenance easement may be reduced to 0 feet. 12. Common architectural features such archways, arbors, and courtyard entry features shall be exempt from the minimum yard requiremenls listed above. 13. For the purpose of Table 2, the term "muiti-family building" includes assisted living facilities 7/70/2D03- 116041 ver 161- DWEHH wai ND/42-00S000- PPHS- 26902 TABLE 2 3-6 DEVELOPMENT STANDARDS FOR "112", "R3" AND "114" RESIDENTIAL DISTRICTS 1 Front yards for dwellings and side -entry garages are measured from back of curb or edge of pavement (if not curbed). Front yards for a front- loaded garage are measured from garage door to back of curb, edge of pavement or sidewalk, whichever is closer to the garage door. 2. Where adjacent to a golf course, lake (measured from top of bank), or open space reduced to 0 feet. 3. Building height - See Section 1.8. 4. All zero lot line units in a series shall have the 0 -foot side setback on the same side of the lot. The zero foot setback side may change only if a minimum 10 foot wide space is provided in the form of an easement, golf course crossing, or the like, which separate the lots. 5. Minimum lot width may be reduced by 29% for cul-de-sac lots provided minimum lot area requirements are met. 6. For any lot served both by a street and an alley, the lot line adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the edge of pavement. 7. Guesthouses or cabana bedrooms are subject to the setback requirements for principal structures. 8. The side comer setback shall be the same as the required side principal structure setback. 9. Site depth average — determined by dividing the site area by the site width. 10. Accessory pool enclosure/screen lanai setback may be reduced to 0 feet when attached to common privacy wall. 11. Accessory pool enclosure/screen lanai setback from lake maintenance easement may be reduced to 0 feet. 12. Common architectural features such archways, arbors, and courtyard entry features shall be exempt from the minimum yard requirements listed above. 13. For the purpose of Table 2, the term "multi -family building" includes assisted living facilities 0 7130/2003- 119347 ver: 15!- DWEHR cru N0442.005-003- PPNS- 26902 SINGLE SINGLE MULTI FAMILY DWELLINGS FAMILY ZERO LOT LINE DUPLEX FAMILY ATTACHED & DETACHED TOWNHOUSE Low -Rise Mid -Rise Minimum Lot Area 5,000 sq.ft. 3,500 sq.ft. 3,500 sq.ft. 2,000 sq.ft. 10,000 sq.ft. 10,000 sq.ft. Minimum Lot Width 50 ft. 35 ft. 35 ft. 20 ft. 100 ft. 100 ft. Min.Average Site Depth 9 100 ft. 100 ft. 100 ft. 40 ft. 120 ft. 120 ft. Principal & 20 ft. 20 ft. 15 ft. 15 ft. 15 ft. 20 ft. Accessory Garage Front Yard Front/Side 23 ft./10 ft. 23 ft./10 ft 23 ft./10 ft 23 ft./10 ft 23 ft./10 ft n/a10 ft. Setback 1'7' ntry 12 Garage or Carport on n/a n/a 0 ft. n/a oft. 0 ft. Parking Lot Accessway Rear Yard 6' Principal 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 20 ft. Setback Accessory 7 2,10,11,12 5 ft. 5 ft. 5 ft. 5 ft. 10 ft. 10 ft. 0 ft one side 10 ft. other side Side Yard Setback OR 1/2 the +/ the Building Principal & Accessory 6 ft. 3'-1" one side 6 ft. 0 ft or 7 /z ft Building Height g 2.4,7,8,10,11,12 6'-11" other side Height OR 5 ft. on both sides Preserve Principal 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. Accessory 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Setback Maximum Height 3 35 ft. 35 ft. 35 ft. 35 ft. 65 ft. 100 ft. Distance Between loft. loft. n/a 10 ft. 1/2 the Sum of the Building Principal Structures Heights Minimum Floor Area 1,000 sq. It. 900 sq. ft. 900 sq. ft. 750 sq. ft. 750 sq. ft. T 750 sq, ft. 1 Front yards for dwellings and side -entry garages are measured from back of curb or edge of pavement (if not curbed). Front yards for a front- loaded garage are measured from garage door to back of curb, edge of pavement or sidewalk, whichever is closer to the garage door. 2. Where adjacent to a golf course, lake (measured from top of bank), or open space reduced to 0 feet. 3. Building height - See Section 1.8. 4. All zero lot line units in a series shall have the 0 -foot side setback on the same side of the lot. The zero foot setback side may change only if a minimum 10 foot wide space is provided in the form of an easement, golf course crossing, or the like, which separate the lots. 5. Minimum lot width may be reduced by 29% for cul-de-sac lots provided minimum lot area requirements are met. 6. For any lot served both by a street and an alley, the lot line adjacent to the alley shall be treated as a rear lot line and the setback shall be measured from the edge of pavement. 7. Guesthouses or cabana bedrooms are subject to the setback requirements for principal structures. 8. The side comer setback shall be the same as the required side principal structure setback. 9. Site depth average — determined by dividing the site area by the site width. 10. Accessory pool enclosure/screen lanai setback may be reduced to 0 feet when attached to common privacy wall. 11. Accessory pool enclosure/screen lanai setback from lake maintenance easement may be reduced to 0 feet. 12. Common architectural features such archways, arbors, and courtyard entry features shall be exempt from the minimum yard requirements listed above. 13. For the purpose of Table 2, the term "multi -family building" includes assisted living facilities 0 7130/2003- 119347 ver: 15!- DWEHR cru N0442.005-003- PPNS- 26902 • • SECTION IV VILLAGE CENTER DISTRICT 4.1 PURPOSE 4-1 The purpose of this Section is to identify permitted uses and development standards for the three Village Center areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as "VC". 4.2 MAXIMUM SQUARE FOOTAGE The Village Center commercial uses will include a maximum of 10,000 square feet of retail uses, 10,000 square feet of restaurant uses, 5,000 square feet of manna related retail uses, and 5,000 square feet of office uses. Commercial activities within the Village Centers are limited to a total of 26 acres. 4.3 GENERAL DESCRIPTION The approximate acreage of the Village Center District is indicated on the Heritage Bay PUD Master Concept Plan. The Village Center portion of this District shall be consistent with the requirements of GMP, FLUE, Section I B. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2, respectively, of the LDC. The Village Center tracts are is designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. 4.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, .or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 717012009- 119947 Ver 151. OWEHR C.0 N0442-005-003 PPHS- 26902 1. Accounting, Auditing and Bookkeeping Services (Group 8721). 2. Automatic Teller Machines (Group 3578) 3. Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993, 7997). 4. Apparel and Accessory Stores (Groups 5611-5699). 5. Gasoline Service Stations (Group 5541). 6. Automotive Carwashes (Group 7542) 7. Business Services (Groups 7334, 7349) 8. Eating and Drinking Establishments (Groups 5812, 5813). 9. Food Stores (Groups 5411-5499). 10. General Merchandise Stores (Groups 5311-5399). 11. Golf Clubhouse and Boat Club Facilities including Ancillary Teaching Facilities and Temporary Golf Clubhouses (Groups 7992, 7997, 7999) 12. Miscellaneous Retail (Groups 5912-5963, 5992-5999). 4-2 • 13. Personal Services (Groups 7211, 7212, 7215, 7216 non -industrial dry cleaning only, 7217, 7219-7251, 7291-7299). 14. Real Estate (Groups 6512, 6531, 6541). 15. Resort Recreation Facilities including but not limited to Tennis Clubs, Health Spas and other Recreational Clubs (Groups 7991, 7999) 16. Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993, 7997, 7999) 17. Residential uses as set forth in Section 3.4 of this Document including residential units integral to Village Center structure(s) and as freestanding uses. Freestanding residential uses shall comply with the development standards set forth in Section 3.6 18. Travel Agencies (Groups 4724 and 4725) 19. United States Postal Service (Group 4311 except major distribution center). 20. Video Tape Rental (Group 7841). 21. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this District. 2. Customary accessory uses include but are not limited to recreational facilities that serve as an integral part of the permitted uses such as pools, tennis facilities, beaches, boat docks, parks, playgrounds and is playfields, restrooms, shelters, golf cart storage areas and snack bars. 3. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 4.5 flEVELOPMENT STANDARDS A. The frontage/depth criteria often included in development standards is not applicable since the Village Center uses are located internal to the Heritage Bay PUD and have no actual road frontage. B. Minimum Setback Requirements 1. Principal structures shall be set back a minimum of 10 feet from Village Center District boundaries and roads; 25 feet from all residential tracts; and 25 feet from preserves. 2. Accessory structures shall set back a minimum of five feet from Village Center District boundaries and roads; 20 feet from all residential tracts; and 10 feet from preserves. 3. Setbacks from lakes for all principal and accessory uses may be zero feet provided architectural bank treatment is incorporated into the design and subject to written approval from Collier County Planning Services Department. 7130/2003. 119317 Ver: 151- DVJEHR ..M N0442-005-003- PPHS- 26902 • 0 4-3 C. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of buildings (including architectural features) - 65 feet. E. Maximum height of communication antennas - 65 feet. F. Minimum distance between principal structures - 10 feet. G. Minimum distance between accessory structures (excluding drive-through facilities) - 10 feet. H. Maximum floor area ratio for the commercial component: 0.25 Due to the internal orientation, the number, the different locations, the types of uses and the multi-purpose function of the Village Center buildings where commercial uses will be fully integrated with recreational and other uses. The requirement that 30% of the residential building permits shall be issued prior to the development of neighborhood commercial uses shall be waived. Each of the three Village Center shall have a unified plan of development which is architecturally integrated internally and with the neighborhood it serves. That pian will be submitted with each of the Village Center Site Development Plan. • K. Due to the nature, location and internal orientation of the Village Centers, the LDC architectural review requirements for Village Centers shall be waived. • L. Required parking for Village Center non-residential uses shall be consistent with Section 2.2.20.4.7.1.6, of the LDC. Residential parking requirements are set forth in Section 3.6 C of this PUD Document. Golf cart storage areas are considered accessory to the golf clubhouse and have no required parking. W. A unified sign plan shall be submitted and made a part of the approval for each of the Village Center Site Development Plans. N. Standards for landscaping where such standards are not specified herein are to be in accordance with Division 2.4 of the LDC in effect at the time of site development plan approval. U. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 713012003. 119317 Ver: 151- DVVEHR C.. N0112-005.003- PPHS- 25902 5-1 • SECTION V RECREATION / OPEN SPACE DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as "RO". 5.2 GENERAL DESCRIPTION The approximate acreage of the Recreation/Open Space District is indicated on the Heritage Bay PUD Master Concept Plan. Actual acreage of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Recreation/Open Space tracts are designated to accommodate a full range of golf course, water -related uses, other recreational uses, water management and open space uses. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: 1. Golf courses and other recreational uses. 2. Clubhouses, community and golf course maintenance areas, maintenance buildings, utility storage buildings, chemical storage buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 3. Utility, water management and right-of-way/access easements. 4. Lakes and water management facilities. 5. Land use and/or landscape buffers, which may or may not be easements, depending on the buffer use. 6. Signs as permitted by the LDC in effect at the time permits are requested, except as modified in this PUD Document. 7. Open space uses and structures including, but not limited to nature trails, riding trails, fitness trails and shelters, boardwalks, landscape nurseries gazebos, and picnic areas. a. Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the Recreation/ Open Space District. 9. Docks, piers, boat ramps, beaches or other such facilities constructed for purposes of lake recreation, for residents of the project and their guests. 10. Shuffleboard courts, tennis courts, swimming pools, and other facilities intended for outdoor recreation. 11. Lake excavations as permitted by Division 3.5 of the LDC. • 7,30P2003- 112317 Ver 151- DV&HR cuu N0442.005-007- PPMS- 2890I 5-2 12. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1. Practice driving range, golf cart barns, restrooms/shelters, and other customary accessory uses of golf courses including gasoline service. 2. Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 3. Communications facilities, including, but not limited to digital, fiberoptic, microwave, satellite, UHF, VHF, FM, AM, short-wave, antennas with related ground mounted dishes and other sending and receiving facilities, subject to applicable permitting. The communications facilities located in this District are accessory, incidental and subordinate activities to the overall Heritage Bay PUD. 4. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. • 5.4 DEVELOPMENT STANDARDS A. Principal structures shall be set back a minimum of 25 feet from "R/O" District boundaries and private roads, and 25 feet from all PUD boundaries, conservation and preserve tracts and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half the height of the structure. `B. Accessory structures shall set back a minimum of 10 feet from 'R/O District boundaries and private roads, and 20 feet from all PUD boundaries, conservation and preserve tracts and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half the height of the structure. C. Lighting facilities shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of buildings - 65 feet. E. Maximum height of communications facilities - 65 feet F. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping — 10 feet. G. Minimum distance between all other principal structures —15 feet. H. Minimum distance between all other accessory structures — 10 feet. • I 71]012007.1193-47 ver: 151-OWEHR CuQ NW42.005-007- PPHS. 26902 5-3 • Minimum floor area - None required. J. Minimum lot or parcel area - None required. K. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of site development plan approval. L. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. M. Golf course rest stations and secondary maintenance buildings will be permitted to use septic tanks or holding tanks for waste disposal subject to permitting under Rule 10D-6, Florida Administrative Code, and may use potable and irrigation wells. 5.5 TRANSFER OF DEVELOPMENT RIGHTS A. For golf course(s) located in Sections 13, 14, and 24, for each 5 gross acres of land area utilized as part of the golf course(s) ("golf course" shall include the club house area, rough, fairways, greens, and lakes internal to the golf course boundary, but excludes any area dedicated as a conservation area, which is non- irrigated and retained in a natural state) one transfer of development right (TDR) credit shall be acquired from areas identified by the County as "Sending Lands". In the event that construction of approved golf course(s) commences in Sections • 13, 14 or 24 prior to the effective date of the County's applicable TDR program, the developer shall provide, in a manner and form acceptable to the County, financial assurances to guarantee sufficient funds to purchase the necessary number of TDR credits for golf courses. The funds guaranteed by the developer or paid to the County for the golf course TDR credits shall be equal to the required number of TDRs multiplied by the estimated value of a TDR as established by the applicable County TDR program. If such program is not in existence at the time of payment as set forth below, then the amount shall be as set forth in the Final Report by Dr. James C. Nicholas, dated November 23, 2001. B. If the construction of approved golf course(s) commences in Section 13, 14, or 24 prior to the effective date of the County's applicable TDR program, then the developer shall be required to acquire the appropriate TDR credits for golf course(s) within 90 days following implementation of the County's TDR program. In the event that an applicable TDR program has not been implemented by the County and is not effective within 48 months from the adoption date of the Heritage Bay GMP Amendment, then funds guaranteed by the developer or held by the County for the transfer of development right credits for golf course(s) pursuant to this paragraph shall be released or refunded to the developer and the requirements of this paragraph shall be null and void. • U3012003- 110347 Ver. 151-DWEHR C. - N0442 OOS 000 PPHS- 26902 • SECTION VI ACTIVITY CENTER COMMERCIAL DISTRICT 6.1 PURPOSE 6-1 The purpose of this Section is to identify permitted uses and development standards for areas within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Plan as Activity Center, "AC." 6.2 MAXIMUM SQUARE FOOTAGEIUNITS Commercial activities are limited to a total of 40 acres within the Activity Center located at the northeast quadrant of the intersection of Collier Boulevard (County Road 951) and Immokalee Road. The Activity Center commercial uses will include a maximum of 150,000 square feet of retail uses and 50,000 square feet of office uses. A maximum of 200 - assisted living facility units may be constructed on lands designated Activity Center. 6.3 GENERAL DESCRIPTION Areas designated as Activity Center on the Heritage Bay PUD Master Concept Plan are designed to accommodate a full range of retail, service and office commercial uses, . essential services, and customary accessory uses. The approximate acreage of the Activity Center District is indicated on the Heritage Bay PUD Master Concept Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Commercial tracts are designed to ,accommodate internal roadways, open spaces, takes and water management facilities, and other similar uses found in commercial areas. 6.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Accounting, Auditing and Bookkeeping Services (Group 8721). 2. Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993, 7997, 7999). 3. Apparel and Accessory Stores (Groups 5611-5699). 4. Assisted Living Facilities/Congregate Care Facilities. 5. Automotive Dealers and Gasoline Service Stations (Groups 5511-5599) subject to Section 2.6.28. 6. Automotive Repair, Services, and Carwashes (Groups 7514, 7515, 7521, 7542, 7549). 770rMl 119347 Ver: 151- DWEHR C. N0442-005-003- PPHS- 26902 6-2 • 7. Automobile Parking (Group 7521) except for tow -in parking. 8. Auto and Home Supply Stores (Group 5531). 9. Barber Shops (Group 7241) 10. Beauty Shops (Group 7231) 11. Building Materials, Hardware and Garden Supplies (Groups 5211-5261). 12. Business Services (Groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361-7397 except armored car and dog rental, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). 13. Child Day Care Services (Group 8351) 14. Churches and other Places of Worship 15. Commercial Printing (Group 2752, excluding newspapers). 16. Depository Institutions (Groups 6011-6099). 17. Eating and Drinking Establishments (Groups 5812, 5813). 18. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748). 19. Fire Station/EMS 20. Food Stores (Groups 5411-5499). 21, General Merchandise Stores (Groups 5311-5399). 22. Glass and Glazing Work (Group 1793). 23. Golf Club Facilities including Ancillary Teaching Facilities and Temporary Golf Clubhouses (Groups 7992, 7997, 7999) 24. Group Care Facilities (Category I and II), Care Units, Nursing Homes and Family Care Facilities (ALF) (Groups 8051 excluding mental retardation • hospitals, 8052, 8059). 25. Hardware Stores (Group 5251). 26. Health Services (Groups 8011-8049, 8082, 8093, 8099). 27. Holding and Other Investment Offices (Groups 6712-6799). 28. Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736). 29. Individual and Family Social Services (Group 8322 activity centers, elderly or handicapped; adult day care centers; and day care centers; adult and handicapped only) 30. Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411). 31. Legal Services (Group 8111). 32. Libraries (Group 8231). 33. Management and Public Relations Services (Groups 8741-8743, 8748), Membership Organizations (Groups 8611-8699). 34. Miscellaneous Personal Services (Group 7291) 35. Miscellaneous Repair Services (Groups 7622-7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, industrial truck repair machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). 36. Miscellaneous Retail (Groups 5912-5963, 5984, 5992-5999). 37. Model Units/Sales Centers 38. Motion Picture Theaters (Group 7832 - 7833). 39. Multi -Family Dwellings including but not limited to Apartments. MW2001 11 047 Ver. 151- DYJEHR cMo N0442-005-000- PPHS- 25902 0 • • 6-3 40. Museum, Art Galleries (Group 8412) Non -Depository Credit Institutions (Groups 6111-6163). 41. Paint, Glass and Wallpaper Stores (Group 5231). 42. Personal Services (Groups 7211, 7212, 7215, 7216 non -industrial dry cleaning only, 7217, 7219-7261 except crematories, 7291-7299). 43. Photographic Studios (Group 7221). 44. Physical Fitness Facilities (Group 7991). 45. Real Estate (Groups 6512, 6531, 6541, 6552). 46. Resort Recreation Facilities including but not limited to Tennis Clubs, Health 47. Spas, Equestrian Clubs and other Recreational Clubs (Groups 7991, 7999) 48. Retail Nurseries, Lawn and Garden Supply Stores (Group 5261). 49. Public Administration (Major Groups 91, 92, 93, 94, 95, 96, 97) 50. Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993, 7997, 7999) 51. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211-6289). 52. Shoe Repair Shops and Shoeshine Parlors (Group 7251). 53. Social Services (Groups 8322-8399). 54. United States Postal Service (Group 4311 except major distribution center). 55. Veterinary Services (Groups 0742, 0752 excluding outside kenneling). 56. Video Tape Rental (Group 7841). 57. Vocational Schools (Groups 8243-8299). 58. Uses permitted under Section 3.4 of this PUD, subject to the Development Standards of Section 3.6. 59. Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Permitted Accessory Uses and Structures k 7130nm- 119747 Ver: 15f. DWEHR C"V N0442-005.007 PPHS- 26902 1. Accessory uses and structures customarily associated with principal uses permitted in this District including kiosk vendors. 2. Outdoor dining shall be permitted as an accessory use to an eating establishment. 3. Communications facilities, including, but not limited to digital, fiberoptic, microwave, satellite, UHF, VHF, FM, AM, short-wave, antennas with related ground mounted dishes and other sending and receiving facilities, subject to applicable permitting. 4. Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 6-4 L� 6.5 DEVELOPMENT STANDARDS A. Property Development Regulations The Property Development Regulations for the Activity Center District and the adjacent Government Facility site are set forth in Table 3. B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Shared parking between and among permitted uses shall be permitted throughout the Activity Center District. Each freestanding use shall not be required to provide 100% of the LDC minimum parking on the project site; however, the total parking provided for Activity Center shall meet or exceed the minimum parking required for the combined land uses. D. Access to the government facility site adjacent to the Activity Center shall be from the rights-of-way reserved for the County for future extension of Collier Boulevard (County Road 951), a minimum of 660 feet north of the intersection of Collier Boulevard (County Road 951) with Immokalee Road. LI • 713012003- 119347 Ver. 151- OWEHR CA143 N0442-005003- PPHS- 28902 9 TABLE 3 DEVELOPMENT STANDARDS FOR ACTIVITY CENTER AND GOVERNMENT FACILITY SITE "excluding drive-through facilities '" For the purpose of Table 3, the term "Multi -Family Building" includes Assisted Living Facilities r 7130!2007- 119347 Ver. 1St. DMMHR GUC N0442-005-003, PPHS- 26902 6-5 PRINCIPAL ACCESSORY USES USES Minimum Lot or Parcel Area 10,000 sq ft n/a Minimum Lot Width 75 ft n/a Minimum Building Setbacks Immokalee Road 35 ft or BH whichever greater 20 ft Future Extension of Collier Boulevard 35 ft or BH whichever greater 20 ft (County Road 951) Internal Frontage Drives 15 ft 20 ft 0 ft to bulkhead or riprap at top of bank provided architectural Waterfront bank treatment is incorporated 0 ft into the design and subject to written approval from Collier Count Non -Right -of -Way Perimeter Project Boundary - buildings up to 50 ft in 30 ft 20 ft height Preserves 25 ft. 10 ft. Non -Right -of -Way Perimeter Project 35 ft or the Building Boundary - buildings over 50 ft in 50 ft Heights whichever is heightgreater Minimum Distance Between Commercial Structures which are part of an architecturally 10 ft. loft* unified group Between All Other Commercial 20 ft loft Structures Between All Multi -Family Buildings" 'V2 the Sum of the Building 10 ft. Heights Maximum Height Retail Buildings 50 ft 35 ft Office Buildings 65 ft 35 ft Multi -Family Buildings" 65 ft 35 ft Communications facilities n/a 65 ft "excluding drive-through facilities '" For the purpose of Table 3, the term "Multi -Family Building" includes Assisted Living Facilities r 7130!2007- 119347 Ver. 1St. DMMHR GUC N0442-005-003, PPHS- 26902 6-5 SECTION VII CONSERVATION AND PRESERVATION DISTRICT 7.1 PURPOSE 7-1 The purpose of this Section is to identify permitted uses and development standards for the area within the Heritage Bay PUD designated on the Heritage Bay PUD Master Concept Pian as "CO" and "P". 7.2 GENERAL DESCRIPTION The 863 acres designated as Conservation and Preservation District on the Heritage Bay PUD Master Concept Plan are designed to accommodate conservation interpretive/educational trails and limited water management uses and functions. 7.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Conservation and Preserve. 2. Passive recreation, nature trails, recreational shelters, gazebos and other similar uses. 3. Water management structures. 4. Temporary construction access road. 5. Utility or roadway crossings as shown on the Heritage Bay PUD Master Concept Plan. 6. Mitigation areas and mitigation maintenance activities. 7. Hiking trails, pedestrian/golf cart boardwalks, nature trails (elevated and at grade), riding trails and other such facilities constructed for the purpose of passage through or enjoyment of the site's natural attributes, subject to approval by permitting agencies. 8. Signs as permitted by the LDC in effect at the time permits are requested, except as modified herein. 9. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. 712172001 119347 ver. 141. DWEHR ua3 NOM2-005.001- PPHS- 26902 is n U 0 P®BLESRod A - AGRICUIMIRAI In C, \ A -MHO ; AGRICULTURAL ZONED WIiH MOBILE NOME OVERPLAY (UNDEVELOPED) ' PRELIMINARY LAND USE SUMMARY [�® &p CONSERVATION & PRESERVE 863.0 AC L DEVELOPMENT LAKES 190.0 AC IW6 RECREATION LAKES 487.0 AC N RECREATION, OPEN SPACE, 454.5 AC RETAIL COMMERCIAL BUFFERS, GOLF COURSE AND LAKE RESTAURANT(S) t� Wll- MG RESIDENTIAL 422.8 AC 0 VO VILLAGE CENTERS 26.0 AC Al ACTIVITY CENTER COMMERCIAL 40.0 AC O 9019 GENERAL GOVERNMENT, UTILITIES, 7.7 AC EMS, FIRE & SHERIFF SUBSTATION ® ROW 71.0 AC . TOTAL 2,562.0 AC TOTAL RESIDENTIAL UNITS 3,450 TOTAL ALF UNITS 200 ACTIVITY CENTER COMMERCIAL RETAIL 150,000 S0. FT. OFFICE 50.000 S0. FT. TOTAL 200,000 SQ. FT, VILLAGE CENTER COMMERCIAL RETAIL COMMERCIAL 10,000 50. FT. RESTAURANT(S) 10,000 SQ. FT. MARINA RELATED RETAIL 5,000 SQ. FT. OFFICE 5.000 SQ. FT. TOTAL 30,000 SQ. FT. SW 711P 405 A p.d w 0n a lb . hr. Chum 5r. hz'M^ 5n Drs bft Rt N002-005-= /W BMANE LOOP sonwx WAW MLK LOOP � a 0 n {ate G -TE. AS'&K—E LOOK SHALL HAVE A MINIMUM OF FOUR FDOT (l') WIDE SIKC—E a TIE STREET WITHIN THE RIGHT OF WAY OR IN ANOTHER LOCATION DESIGNATED BY THE —TED AS -SIDEWNX' SHALL BE REWIRED TO HAVE A MINIMUM OF FOUR FOOT (l') u ONE SIDE OF THE STREET WITHIN THE RIGHT OF WAY DR IN ANOTHER LOCATION IE pI VELOPER- � 1TED AS INTERNAL 'BIKEPATH/SIDEWALK LWP' SHALL HAV£ A EIGHT FOOT (B') <EPATH/SIDEWALK LOOP PERMITTED WITHIN THE DR.UNAGE AND MAINTENANCE ;RAGE PATHS OR TRyLS IN THE CONSERVATION 'EAS RASED UPON FINPL DESIGN AND APPROPRIATE AGENCY PERMITTNG� �SM21 Stc IV W Ili a DwiYr6 M PSR to WIN am" Yn A m,d YI OI k lHOI Slut f . A !N 6149-Oo6.000dId o m Ipe tao tao RN/a o-MEt- NOMM SCALE; f. 607 , 0 0 0 Bonita Springs MW To "&% 1 I 1 I 1 1 1 1 1 1 1 _LEE COUNTY _ _ _ ,1I COLLIER COUNTY HERITAGE BAY EXHIBIT B LOCAMN APAP HERITAGE BAY P/CPARED FOR: U.S. HOUR CORPORAI M GOLDEN �W�prM�r I mad........... n.rsn , am am mlw_ HERBAGE SAY - PROPOSED COWER COUNTY WELL LOCATIONS EXHIBITD- 1.°`".""'..,.,.,........�'°`.".�'.°..'' N6RTN e�orrrr`�r�.MNw�Miw arw.,w ��aw. ri �rrr 11 OPTION .i'Y`:3Y.1a'w HERITAGE BAY - POTENTIAL WELL LOCATIONS EXHIBIT D-# "r"` STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003-40 Which was adopted by the Board of County Commissioners on the 29th day of July, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day Of August, 2003. DWIGHT E. BROCK Clerk of Courts and Clerk Ex -officio j�Q.,,T�A�ard of CountyqP '3iiA ipe s .tit p By: Tz From: John Wandak • To: KaW Snauwaert Subject FW: RamTmc at Bellaire Bay PDI for Sign Dwations Daft: Wednesday, October 05, 201611:06:33 W AttaGtments: Pre-AOD Walver Procedure doa Can get this setup, whatever the procedures say to do. John T. Wojdak, P.E. DEUsi FITZGERALD, INC. Planning - Engineering - Project Management 1605 Hendry Street Fort Myers, FL 33901 P: (239)418-0691 F: (239) 418-0692 C:(239)565-3077 iohn0delesifitzgerald.com wwwdefc'ftz com From: BrethauerPaula[mailto:PaulaBmthauer@colliergov.net] Sent: Wednesday, October 05, 2016 10:27 AM To: BellowsRay; John Wojdak Cc: JohnsonEric; PaulRenald • Subject: RE: RaceTrac at Bellaire Bay PDI for Sign Deviations Please follow the attached procedures for Pre -App waivers. Feel free to contact me with any questions for assistance. Thankyou. Paula 252-2401 From: Bellows Ray Sent: Wednesday, October 05, 201610:21 AM To: John Wojdak <Johm@defsftzg ralg .cQm> Ce: JohnsonEric<FricJohnsonAcQlliergovnet>; BrethauerPaula<Paulaerethauerm@collier og v.net>; PaulRenald <RenaldPaul(dmll'ergov net> Subject: RE: RaceTrac at Bellaire Bay PDI for Sign Deviations Hi John, I have discussed this issue with Eric and agree that a pre -application meeting can be waived in this case. 249 Raymond V- Bellows, Zoning Manager • Zoning Division - Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 Co er County From: John Wojdak [me Ito0ohn0clelisifitzgerald mm] Sent: Wednesday, October 05, 2016 9:45 AM To: BellowsRay Cc: JohnsonEric Subject: FW: RaceTrac at Bellaire Bay PDI for Sign Deviations Ray, Have you had a chance to think about the inquire below? I have theapplication pretty much ready to submit. I am available this afternoon if you want to discuss further via phone. Thanks, John John T. Wojdak, P.E. DELISI FITZGERALD, INC. Planning - Engineering - Project Management 1605 Hendry Street • Fort Myers, F133901 P: (239) 418-0691 F: (239) 418-0692 C:(239)565-3077 johntiadel'sifltzeerald.com www del'sifitzg ral�m From: John Wojdak Sent: Thursday, September 29, 2016 11:53 AM To: 'RayBellows@mlliergov.net' Cc:'JohnsonEric' Subject: RaceTrac at Bellaire Bay PDI for Sign Deviations Good Morning Ray, Were preparing a PDI submittal for the RaceTrac at Bellaire Bay to revisit a couple of the sign deviations that were withdrawn last minute at the Planning Commission hearing. I wanted to inquire as to the necessity for a pre -application meeting since the deviations are identical to those requested a couple months ago. The PDI will be limited to the signage, there are no new items or issues to be included. Please let me know your thoughts or give me a call to discuss further. Thank. you, John John T. Wojdak, P.E. • DELIsI FITZGERALD, INC. Planning -Engineering - Project Managemen t 1605 Hendry Street Fort Myers, FL 33901 P: (239)418-0691 F: (239)418-0692 Q (239) 565-3077 iohnOdelisifitzeerald.com Nw Aelisifitze ralQ d. nm Under Florida law, email addresses are public records. Ifyou do not want your e-mail address released in response to a public recons request do not send elecimnic mail to this entity. Instead contact this office by telephone or in writing. • 0 SIGN POSTING INSTRUCTIONS • (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the fust public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. L The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement 2. The siga(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or tendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ — _ _ _ _ _ _ AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER • BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED john i. AR ON ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRE�CD BY SE "ION 10.03.00 OF THE P OLLIER CO QTY ND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER )(oOS #%p ay ST. SIG F APPLICANT OR AGENT STREET OR P.O. BOX -Ot4N I. �jo-IDgy- NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER Foa'f AA iEILS FL. 3390/ CITY, STATE ZIP The foregoing instrument was swom to and subscribed before me this_LI—day of , 20110- by An T. ud&L personally (mown to me or who produced as identification and who did/did not take an oath. W.AIl!�'j'i(s; KELLY M.SNAUWAERT W COMMISSION r FF741233 EBPRES Ably ur. 2019 • My Commission Expires: (Stamp with serial number) Re¢ 3/4/2015 �1_.r% , 8, Printed N eofNotary Public IL q r •. � qo q AjBell2lfe ay I ' l i1, kstaoa r IL q r •. � qo q AjBell2lfe ay I ' l i1, kstaoa 4141%Imp. � t I a r A T �mr ° ," J i , rt PUBLIC HEARING REQUESTING AN INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PUD) s Irl'.III ON #: 'III I':IIIdBIIY11191IF. N11,11N!IIr11'19'II IX I( I. I It V I. -10 at III mull I 0I 111 It I axnlI limn mp Ilf. IP WXI[I'A FkampqJI 'ollctI , . ` NN11rl[ vveBe K \i.411*F KInl1 le l w.Iird am(;Mrvalld.r4 Ileedtad Bak KIN, rvnbn l,lma llrvAe enJ I;mrtd II 4aUuddq Orn nrx .¢n itel IOmJw 0r ryml J peelammW, Iw IJw ComI INYIII fWr a!, hr9,,d1 lfll IN th11.OflNB11IlLII)'I wol. AIt the nmRxm ufnrerIs lm nulvle X•=JII:X. MAWrI'11R,I IwXrubll eN511 XYIId mi(Il 44B ieW 11131 U.Iwnlipll>nu0.New dblaa.l'Olxr bmpJgrier. PIM I IoW IPI114PLIJINOXii%I .I mfiellnnnnm nnn rwelm Ixm r01mohrmm••i all �X 'xmwrr N4%im" omI PUBLIC HEARING CHANGE TO q ALAN EppUNlr oAN INSQBST N of PE'fl'fION#; Pul•p�dmh0003ts9,HpBITdrtBdrpBBihHL�Ti. TORE OLINDBYYImtOLlm'RMgtalnaj[ mt,mq Hacatrac hiroltum, lot, rpt LL umh juU tG m 0itio p fAGUAn amcadtd,IhoHC64tBipNO, lormmiSmhal,lapldrA'mnm,Im aB and Ctntrol Dascripfioghy tddiog lira an dgo kihhrlh prml dwWida 4, fl¢rilagc'Bay Cammam'frmtB Rtplmim mhjrcl pM I�opm mrmu aihx�ra located on thtuorlhms a(tomao(Immokd¢eP rdiCRNUodtoh euk dirxpq in$tttiaaal3,14,13,aadU,ToumhiplBScmamglf��"Cxq,twas , jpDl•pL2o16B5B759� �A ARAa @1WT, !dpRIAMalD.IMUL WL DAM DA t L061i10SGR I� IIcApGGNIM1GmmImSGmNIMDI im7�IIOm1011 �C PUBLIC NEARING REQUESTING AN INSUBSTANTIAL CHANGE TO A PLANNED UNIT DEVELOPMENT (PUD) PETITION #, PD1420160002799a HERITAG BAY PUD (RACE'I'RAC) TO DE HEARD BTTHE COLLIER COUNTY HDRINC EXAMINER OWN) Ruelnc Petroleum, Inc. requests an insubstantial change to Ordinance No. 07401 as amended, the Heritage Bay PUD, to amend Section I, Legal Description, property Ownership and Grund Dewripliagbp adding three new sign deviations for the pareel described as Lot 4, Ileduge Bap Commons Tract D Replal. The subject PUD property consists of 2,5621 acres, bested on the northeast of earner of Immokalee Road (C.R.846) and Collier Boulevard (C.R. 95 1) to Srnlons 13, 14,13, and 24, Township 4E South, Range 26 East, Collier County, Marble. IPOI•PLIG16ON17591 OUT, IAAnA1T4roI7.fm A.u, UWACI': ERIC L RJUNaON4 AICP,CmI, PRINCIPAL PLANNER lallAtm\: 4pnxTINIANA4E10:YIIILMpif11\T PHONE; 01=31 OWING P.WIRSIAMITI INC 0311 10 MIL ERIflOI NEIIN'NC00.16ROIIY.NC'' 30"oRWVRIEUR AGENDA ITEM 4-C Co ier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JANUARY 26, 2017 SUBJECT: CU-PL20160001380 EAST NAPLES SELF STORAGE OWNER/APPLICANT: 1080 Central LLC Michael and Theresa Fernandez 145 Central Ave. Naples, FL 34102 Requests a Conditional Use to allow a motor freight transportation and warehousing (4225, air conditioned and mini -and self storage warehousing only) use within a C-4 (General Commercial) zoning district pursuant to Section 2.03.03.D. I c.24 of the Collier County Land Development Code for a 2.44+ acre property. GEOGRAPHIC LOCATION: The subject property is located on the north side of Tamiami Trail East, approximately one-third mile west of Broward Street, in Section 29, Township 50 South, Range 26 East, Collier County, Florida (See location map on the following page). PURPOSE/ DESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use approval to allow for a three-story, approximately 90,000 - square foot Self Storage Facility in the General Commercial (C-4) zoning district, on a 2.44+ acre site. The Master Plan (See Master Plan on page 3) depicts the self storage building, parking and vehicular use areas, 15 -foot wide landscape buffers along the north and south property boundaries, and 10 -foot wide landscape buffers along the east property boundary. PL20160001380 East Naples Seff Storage Page 1 of to m N a Location Map Petition Number; PL -2016-1380 Zoning Map T ZONING DISTRICT: RSF41 LAND USE: SINGLE FAMILY HOMES - -- - L ------- - ------------------------- - - N ZONING DISTRICT: RSF4! LAND USE: SINGLE FAMILY HOMES - - - - J ZI - - -- - - - - - -- '. LANDSCAPE GROUND COVER STABILIZED 0:' FLORIDAN AVENUE (60 FT RW) S 'EMERGENCY ACCESS ONLY' • •ABUTTING ZONING DISTRICT: C4I LAND USE: ROW r ,�,•, 15FT. TYPE"B"BUFFER 15 FT. TYPE'S"BUFFER _ L- 25 FT BUILDING SETBACK UQ B1 Z� e2ZN g4' 52 O � LANDSCAPED r THREE - STORY w �' g y' g$$ € _2 L > w J ENHANCED .I SELF -STORAGE o 4 ggO C, 2gggsg K LL /� I DRY I 'TORM ARCHITECTURAL DESIGN STANDARDS LL R r w mm Al, A z Q o j COMPLIANT m F o Z N W r, p¢ ,,WATER PARKING LOT MANAGMENT o '' BUILDING PERMITTED BY a H W LL y a p Z::5 LL° m LL a % AREA I I CONDITIONAL USE #24 OF THE v $ Z v =i N a C-4 GENERAL COMMERCIAL o N z'3 L ZONING DISTRICT I i w LU K / V O k0 W J �e€ y`� r 4 Z >lrl 1.� -' - _— 25 FT. BUILDING SETBACK — —-------- ----- — ` --J LLQl - 15 FT. TYPE 'D" BUFFER =.^ . .� .�.�.ir...531 15 FT. TYPE "D" BUFFER FT . • . N NON-EXCLUSNE LINEAR RNV 40' COUNTY DRAINAGE EASEMENT; I ABUTTING ZONING DISTRICT: C4 FRONTAGE DRAINAGE= DRAINAGE PIPED BELOW GRADE AS PERMITTED EASFMFNT BY EASEMENT LAND USE' 2DO FT/ ROW - US 41 E O WIDTH VARIES 5 FT. AND 11 FT. FROM �---,- W LU RAN: BUFFER REQUIRED TREES AND DITCH $` DITCH -�- SHRUBS ARE PROHIBITED FROM BEING WITHIN LOCATED DRAINAGE EASEMENT; EXISTING GRADE MUST _`, O BE MAINTAINED AT EASTERN EDGE OF DRAINAGE EASEMENT H —"�- '�- OU P LU sg � a U.S. 41 EAST (TAMIAMI TRAIL) LEGEND M 11O y 200' RIGHT OF WAY LANDSCAPE D DUMPSTER J W �., 8 -. aa= BUFFERS L LOADING SPACE ❑ 61 = E CONCEPTUAL SITE PLAN ' r z o 1sq 3 I .-, / PRESERVE GRAPHIC SCALE OFT SOFT 10D FT Im, - ' x GROUND COVER d "� STABILIZED EMERGENCY ONLY DRIVEWAY SEE SHEET 2 FOR NOTES 1 .1`2 The Master Plan shows that there are approximately .197 acres (.20 acres required) of proposed preserve area located in the northwestern portion of this site which the proposed development is sited to avoid. Site access as depicted on the Master Site Plan is from Tamiami Trail East. An egress point for emergency access only from the site to Floridan Avenue is also depicted. The architectural drawing and rendering shows only entrances to the facility on the northwestern elevation (See below). No overhead doors are proposed on any elevation. 3 PL20160001380 East Naples SeB Storage Page 4 of 10 'i map MIIIM MIM IMMI ME ME ME �11�11��6:�=-L-e--L-�°°��■ ■ ■fir I ... PL20160001380 East Naples SeB Storage Page 4 of 10 SURROUNDING LAND USE & ZONING: North (northwest): Vacant lot with a C-4 zoning designation. East (northeast): Floridan Avenue, then single family residences with an RSF-4 zoning designation. South (southeast): Convenience Store with gas pumps on a C-4 zoning designation. West (southwest): Tamiami Trail East, businesses with a C-4 zoning designation. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): Staff concludes the requested conditional use may be deemed consistent with the Future Land Use Element (FLUE) of the Collier County GMP (See attached memo). The conditions in Ordinance No. 9243 need to be included in the CU HEX decision (conditions modified to: update LDC reference in #3; add parenthetical phrases in #1 and #5; and, wordsmith #5), as follows: 1. Access onto Floridan Avenue is prohibited (except for emergency vehicle use). 2. Principal structures shall be limited to three stories in height. 3. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 4.06.02.C.2 (Alternative B) of the Land Development Code. 4. The entire site shall be limited to a single access point onto US41. 5. At the discretion of Collier County Transportation staff and Florida Department of Transportation, a deceleration (tum) lane may be required. PU0160001380 East Naples Sef Storage Page 5 of 10 Conservation and Coastal Management Element (COME): Environmental Planning staff found this project to be consistent with the Conservation & Coastal Management Element (COME). A minimum of 0.2 acre of native vegetation are required to be retained for the CU. Transportation Element: The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, which states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2 percent of the adopted LOS standard service volume,- b. olume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2 percent of the adopted LOS standard service volume; and C. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3 percent of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " The proposed self storage development will generate a projected 245 total two-way daily trips and +/- 14 AM peak hour and +/- 26 PM, peak hour, two-way trips for the proposed facility on the adjacent local roadway, Tamiami Trail East (US 41). As indicated in the TIS provided with the petition this road segment has a service volume of 3,000 trips, with a remaining capacity of approximately 731 trips between Rattlesnake Hammock and Triangle Boulevard; and has a current LOS (level of service) "D" as stated by the 2015 AUIR (annual update and inventory report). Staff also reviewed the now current 2016 AUIR noting that the service volume remains the same at 3,000 trips, with a remaining capacity of approximately 681 trips with the LOS also remaining the same at "D". Additionally this road segment has an AADT (average annual daily trip) of 31,202 total trips (AUIR 2016). Therefore, the subject Conditional Use can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, the Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the five year planning period. PL20160001380 East Naples Self Storage Page 6 of 10 ANALYSIS: Section 2.03.03.D.1.c of the LDC permits conditional uses in General Commercial (C-4) zoning districts. The requested use for motor freight transportation and warehousing (4225, air conditioned and mini - and self storage warehousing only) is in the standards and procedures established in section 10.08.00, Conditional Use Procedures, of the LDC. When considering a Conditional Use petition, the HEX must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other properties or uses in the same district or neighborhood; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). As previously noted, this request has been deemed consistent with the FLUE and the GMP. The proposed setbacks are in compliance with the rules and regulations in the LDC. The C-4 zoning district requires a 25 -foot or 1/2 building height, whichever is greater, front setback along Tamiami Trail East and Floridan Avenue, and a side setback of 15 feet or 1/2 the building height. The C-4 district allows a maximum zoned height of 75 feet. The proposed building will have a maximum zoned height of 35 feet. The building will also be a maximum of three stories. The project will be required to undergo the site development plan review process to ensure compliance. This petition is also consistent with Ordinance No. 92-43 that was approved as part of the Zoning Re-evaluation process. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The primary ingress and egress to the site will be via a right-in/right-out driveway at Tamiami Trail East (US 41). The petitioner will be required to provide a right turn lane from Tamiami Trail East, a 6 lane divided arterial roadway with a roadway speed of 55 mph. A restricted "emergency access only" access point has been provided at Floridan Avenue. There is an existing sidewalk along Floridan Avenue. The petitioner will also be required to provide a sidewalk along Tamiami Trail East. This project will not adversely impact the surrounding roadway network. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. If approved, the proposed use should have minimal impact on neighboring properties in relation to glare, economic or odor effects. There are no odors associated with self storage buildings. The massiveness of the building will be screened by landscape buffering. There will be little impact associated with noise. As depicted on the attached Master Plan, the proposed .20 acre preserve, combination 25 feet of landscaping (10 feet of building perimeter landscaping and 15 -foot wide Type B landscape buffer) PL20160001380 East Naples Self Storage Page 7 of 10 surrounding the building on three sides, along with 15 -foot wide roadway buffers should offset some of that impact to the residential neighbors located north and east of the building. 4. Compatibility with adjacent properties and other property in the district. The self storage building is setback 25 feet from the Tamiami Trail East, Floridan Avenue and southeast property lines. The building height is 35 feet or three stories, which is compatible with the surrounding commercial development. (Note that the LDC allows a zoned height of 75 feet in this zoning district). Northeast of the site is Floridan Avenue and then four single family residences. To the southeast of the site are a convenience store and a gas station. To the southwest of the site is Tamiami Tail East than commercial businesses. To the northwest of the site is an undeveloped, vegetated lot. In addition, the proposed structure as depicted in Attachment 2 shall comply with the architectural design standards of section 5.05.08 of the LDC. Based on the information provided and with the appropriate mitigations, it appears that the proposed Conditional Use is an appropriate use of the subject site. On December 13, 2016, the Board of County Commoner's directed staff to initiate a moratorium on self -storage facilities (and other uses) within the US 41 corridor, in which the subject site is located. Based upon the application being submitted prior to the establishment of the moratorium, the subject site is not affected by the moratorium. With this recognition, staff did reevaluate the compatibility of the proposed facility with the neighboring residential properties. With the limitation of the proposed facility to three stories, subject to the architectural standards, the limitation to the emergency access only off of Floridan Avenue, the proposed landscape buffers, and the relatively low intensity of traffic generation from a indoor self storage facility, staff is confident that approval of the proposed conditional use can be integrated within the existing built environment. EAC RECOMMENDATION: Not required. Site is under the size threshold (10 acres) to require an Environmental Impact Statement. NEIGHBORHOOD INFORMATION (NIM) MEETING: The agent/applicant duly noticed and held the required NIM on November 14, 5:30 p.m. at the East Naples Branch Library, 8787 Tamiami Trail East, Naples. Two people from the public attended, as well as the applicant's team and County staff. No objections to the project were noted (See NIM Summary attached). PL20160001380 East Naples Self Storage Page 8 of 10 COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for CU-PL20160001380 on January 11, 2017. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve East Naples Self Storage - PL20160001380 with the following conditions: 1. The Conditional Use is limited to what is shown on the Master and Architectural plans submitted. Staff may approve minor changes in meeting all applicable development standards. 2. The conditions in Ordinance No. 92-43 relating to the following: 1. Access onto Floridan Avenue is prohibited (except for emergency access use). 2. Principal structures shall be limited to three stories in height. 3. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 4.06.02.C.2 (Alternative B) of the Land Development Code. 4. The entire site shall be limited to a single access point onto US -41. 5. At the discretion of Collier County Transportation staff and Florida Department of Transportation, a deceleration (turn) lane may be required. 3. A minimum of 0.2 acre of native vegetation is required to be retained for the CU. Attachments: 1 Comprehensive Planning — Future Land Use Element (FLUE) Consistency Review 2 Application — Applicants backup material PL20160001380 East Naples Self Storage Page 9 of 10 PREPARED BY: ov(�-"02 � Z6�11 7 DANIEL JAMES S ITH, AICP, PRINCIPAL PLANNER DATE GROWTH MANAGEMENT DEPARTMENT REVIEWED BY: RAYMONI BELLOWS, ZONING MANA R DA GROWTH AGEMENT DEPARTMENT MICHAEL BOSI, AICP, DIRECTOR DATE GROWTH MANAGEMENT DEPARTMENT -r County Growth Management Department Zoning Division, Comprehensive Planning Section Memorandum To: Dan Smith, AICP, Principal Planner, Zoning Services Section From: David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section Date: October 31, 2016 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PL20160001380 PETITION NAME: East Naples Self Storage REQUEST: To obtain a Conditional Use (CU) for a self storage facility in the C-4 zoning district, as provided in the Collier County Land Development Code (LDC). LOCATION: The subject site, consisting of ±2.41 acres, is located on the north side of Tamiami Trail East and the south side of Floridan Avenue, 230 feet northwest of Martin Street, in Section 29, Township 50 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban (Urban — Mixed Use District, Urban Residential Subdistrict), and is within the Coastal High Hazard Area (CHHA), as identified on the Future Land Use Map within the Growth Management Plan (GMP). This district is intended to accommodate a variety of residential and non- residential land uses, including industrial and commercial subject to criteria. The subject site consists of Lots 1, 2, 11, 12, the northerly 48.5 feet of Lot 3, and a 40 feet by 200 feet parcel (unplatted canal) lying between Lots 1 and 12. This property is not consistent with any locational criteria in the FLUE for commercial zoning. However, the entire property is identified on the "Consistent by Policy" maps, part of the Future Land Use Map series in the FLUE. FLUE Policy 5.10 allows such properties to be developed in accordance with their existing zoning. Under the Zoning Re-evaluation Ordinance, implemented in the early 1990's, an exemption application was approved for the portion of Lot 3, a Compatibility Exception application was approved for Lots 1 and 2, and a Compatibility Exception was approved for Lots 11 and 12 (and Lot 10, not part of this CU petition). Both Compatibility Exceptions contained conditions that were subsequently imposed via a "rezoning" from C-4 to C-4 (Ordinance No. 92-43). Those conditions [which limit building height, specify buffer type and location, preclude local street access, and limit access to US -41 and require shared access] need to be included in the CU Resolution for this petition. Those conditions allow one access point to serve Lots 1 and 2, and one access point to serve Lots 10-12. Only one access point is proposed for the entire site, so access is in compliance with that limitation. However, since Lot 10 is not part of this CU petition, it arguably is losing its allowed access - unless it is viewed that the one proposed access point is that allowed for Lots 1 and 2; staff believes this is a reasonable viewpoint. Also, Attachment 1 though there is a prohibition on access to Floridan Avenue, the petitioner proposes to allow access to Floridan Avenue - but only for emergency vehicles. Staff believes such access restricted to emergency vehicle use is consistent with the intent of the prohibition. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to the Zoning Services staff as part of their review of the petition in its entirety. Objective 7 of the FLUE states: "In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable." Staff analysis follows each of these policies in bold print. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [Access is provided onto U.S. 41 East, an arterial road.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [The site is proposed as a single development project. Given the small size of the project, and the proposed development, a loop road or drive is not feasible.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [Given the small size of the project, its double frontage, water management and preserve area location, and building size and location, one or more interconnections is not feasible.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [Mostly not applicable given that this is a commercial development.] CONCLUSION: Staff concludes the requested conditional use may be deemed consistent with the Future Land Use Element (FLUE) of the Collier County GMP. The conditions in Ordinance No. 92-43 need to be included in the CU resolution (conditions modified to: update LDC reference in #3; add parenthetical phrases in #1 and #5; and, wordsmith #5), as follows: 1. Access onto Floridan Avenue is prohibited (except for emergency vehicle use). 2. Principal structures shall be limited to three stories in height. 3. A landscape buffer shall be provided along the entire frontage of Floridan Avenue accordance with Section 4.06.02.C.2 (Alternative B) of the Land Development Code. 4. The entire site shall be limited to a single access point onto US -41. 5. At the discretion of Collier County Transportation staff and Florida Department Transportation, a deceleration (turn) lane may be required. cc: Mike Bosi, AICP, Zoning Director Ray Bellows, Zoning Services Manager PL20160001380 East Naples Self Storage GACDES Planning ServiceslConsistency Reviews120161CU dw/10-31-16 2 in of • • • PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects, Engineers, Planners and Landscape /\rchitecture East Naples Self -Storage — Conditional Use Application PL 2016 0001380 (CU) LIST OF SUBMITTALS / EXHIBITS HEX Date: January 26, 2017 ITEM NO. DESCRIPTION 1. List of Exhibits 2. Cover Letter - Project Description Narrative 3. Completed Application 4. Growth Management Plan Consistency and Evaluation Criteria Analysis 5. Pre -Application Meeting Notes 6. Affidavit of Authorization, signed and notarized 7. Completed Addressing Checklist 8. Warranty Deed 9. Location Map 10. Boundary Survey 11. A. Conceptual Site Plan (CU) Exhibit — dated: 12/6/16 B. Site and Landscaping Plan Support Exhibits to CU application 145 Central Avenue, Naples, Florida 34102 mfernandezPolanninodevelopmentinc.com 239.263.6934 fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture Florida Corporate Certificate of Authorization No's: AA26002158 CA No. 8450 LC0000378 Attachment 2 0 PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects, Engineers, Planners and Landscape Architecture 12. Architectural Plans, Elevations and Rendering (MHK Architects) 13. Environmental Aerial / Exhibits 14. Traffic Impact Study (TIS) 15. Application Fee Calculation 16. Recorded Zoning Restriction & Drainage Easements 17. Archeological Historical Resources 12-7-05 18. Neighborhood Information Meeting (NIM)/11-14-16: Mailing, Newspaper Ad and Meeting Notes 19. Public Hearing Signs Installed / 1-9-17: Affidavit of Posting Notice and Photographs 145 Central Avenue, Naples, Florida 34102 mfernandez@planninodeveloomentinc.com 239.263.6934 fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture Florida Corporate Certificate of Authorization No's: AA26002158 CA No. 8450 LC0000378 G14+6111. IF ) 0 PLANNING DEVELOPMENT INCORPORATED Development Consultants, At Engineers, Planners and Landscape architecture Cover Letter — Project Description Narrative East Naples Self -Storage — CU Application Conditional Use. This is an application for approval of Conditional Use #24 of the General Commercial C-4 Zoning District. The C-4 zoning district supports a wide variety of intensive general commercial uses. Self -storage. Self -storage can and is a passive use in this proposal which is for a singular structure limited to internal storage access via singular office and building entries located directly from a small parking lot with access restricted to US 41 East. The self -storage land use is a very low traffic volume generator and requires 8 standard parking spaces and 5 loading spaces. The proposed self -storage use is an ideal land use for parcel of limited depth and fronting a residential neighborhood. Hours of operation of typical self -storage facilities is 7 am — 8 pm. The use is low intensity and the structure is passive and will buffer the neighborhood from US 41 traffic. The development of the property will displace the property's historical seasonal homeless occupation and stagnant surface drainage element. Architecture / site concept. The proposed structure is a building designed by well-known and highly regarded local architect MHK Architect. See architect's plans, elevations, rendering and associated code compliance documentation. The 3 -story building has a zoned building height of 31 ft and a 30,000± sf footprint. Maximum building height of the highest non -habitable architectural design feature is approximately 42 ft. The C- 4 zoning district development standard for zoned height is 75 ft. The building's primary facades includes additional setbacks of 10 ft for an average setback from associated property lines of 30.1 ft; all of which is landscaped. The parcel size is 2.44 acres; lot building coverage is 28% and total impervious is 45%; leaving 55% open/green space; significantly greater than typical commercial development which targets 30% or less for small parcels. Landscape. The property is well landscaped with a plant installation list which includes 88 trees, approximately 4,000 shrubs and 2298 liners of cord grass (used in the project's dry water management area surrounding a designed central cypress dome). The installation includes a 15 ft wide Type B along Floridan Avenue. Additional trees and vegetation are located within a 49.1 ft. wide x 175 ft. area designed as preservation of existing site vegetation, but which may be mitigated consistent with LDC mitigation provisions for small preserves. Should mitigation be elected by the developer, a Type C landscape buffer shall be required between the eastern property line and the project's singular landscaped dry water management area. Drainage Easement. The existing property supports a 40 ft wide drainage easement bisecting the property which receives drainage via a 30" concrete pipe under Floridan Avenue from the subdivision north this roadway. Prior permitting and the easement provide for transmission of the historical flow through pipe. Drainage pipe diameter was previously engineered to be accommodated through a 42" pipe. Permitting subsequent to the Conditional Use will finalize drainage permitting. 145 Central Avenue, Naples, Florida 34102 mfernandez@olanninodeveloomentinc.com 239.263.6934 fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture Florida Corporate Certificate of Authorization No's: AA26002158 CA No. 8450 LC0000378 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE LDC Section 10.08.00 & Code of Laws section 2-83 — 2-90 Chapter 3 C.1 of the Administrative Code PETITION NO (PL) PROJECT NAME To be completed by staff DATE PROCESSED ❑ A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS ❑■ A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER APPLICANT CONTACT INFORMATION Name of Applicant(s): 1080 Central LLC (100% owned by Michael & Theresa Fernandez) Address: 145 Central Ave 01 Telephone: • E -Mail Address: Name of Agent: City: Naples State: FL ZIP: 34102 Cell: Michael R Fernandez, RA AICP Firm: Planning Development Incorporated Address: 145 Central Ave Telephone: 239-263-6934 Cell: Fax: City: Naples State: FL ZIP: 34102 Fax: 877-263-0535 E -Mail Address: mfernandez@planningdevelopmentinc.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 9/25/2014 Page 1 of 13 Co*r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 DISCLOSURE OF INTEREST INFORMATON Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the L7 IILclr�C VI JUL.II IIILCICJL. Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership • c C_` If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the of interest: Name and Address I % of Ownership If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of UlCb'CIMICI CIII /V[ IIII IILt= u PCIlinc] ). Name and Address % of Ownership • 9/25/2014 Page 2 of 13 • • COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the f 9. UTTICerS, SWCKWIMrS, UerIeI1C1dr1e5, Ur PdrlrretJ. Name and Address % of Ownership Dana Sjostedt 100 Date of Contract: 6-15-16 If any contingency clause or contract terms involve additional parties, list all individuals or rirrtxrs, n a LUFPurauun, PCs[ Lnerarlip/ yr uuaL. Name and Address Date subject property acquired 4-30-14 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date: h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 9/25/2014 Page 3 of 13 Coff. er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: East Naples Civic Association Inc. c/o Mr. Ted Beisler Mailing Address: 4784 Inverness Club Drive City: Naples State: FI Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: City: State: City: State: ZIP: 34112 ZIP: ZIP: City: State: ZIP: City: State: ZIP: U PROPERTY INFORMATION On separate page, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre -application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Property I.D. Number: 62090040005 Plat Book: 1 & 3 Page #: 110&67 Section/Township/Range: 29 /50 /26 Subdivision: Naples Manor Addition and Naples Manor Annex Lot: see legal Block: see legal Metes & Bounds Description: Size of Property: 531 ft. X 200 ft, = 106,200 Total Sq. Ft. Acres: 2.44 Address/ General Location of Subject Property: 11201 TAMIAMI TRL E; northside of and fronting US 41 E; approx. half way between Rattlesnake Hammock Rd & Collier Blvd. within the block Entrance Road and Martin Street • 9/25/2014 Page 4 of 13 • CO T County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on a separate page) Section/Township/Range: Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: Metes & Bounds Description: CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00, of the C-4 General Commercial zoning district for #24. Self Storage (type of use). Present Use of the Property: Vacant /Wooded 9/25/2014 Page 5 of 13 Zoning Land Use N C-4 then RSF-4 Floridan RM and Single Family Residental S C-4 Restaurant / Citgo Gas Station E C-4 US 41 E R/W W C-4 Vacant / Wooded If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on a separate page) Section/Township/Range: Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: Metes & Bounds Description: CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00, of the C-4 General Commercial zoning district for #24. Self Storage (type of use). Present Use of the Property: Vacant /Wooded 9/25/2014 Page 5 of 13 CoA r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 EVALUATION CRITERIA Pursuant to LDC section 10.08.00 and Chapter 3 CA of the Administrative Code, staff's recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. On a separate page, provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. C. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district. e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? No ❑ Yes (If yes please provide copies.) r� 9/25/2014 Page 6 of 13 • • CA -r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of F.S. §695. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services Department, within 15 days of recording of said Memorandum or Notice. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. 9/25/2014 Page 9 of 13 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and f=inal Submittal Requirement Checklist for: ❑ A Conditional Use to be heard by the Planning Commission and [hoard of Zoning Appeals No A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.1, of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. Requirements for Review Copies Required Not Required Completed Application (download current form from County website) 16 0 ❑ Cover letter briefly explaining the project 16 El ❑ Pre -Application Notes 1 ❑ ❑ Affidavit of Authorization, signed and notarized 2 ❑ ❑ Completed Addressing Checklist 1 ❑ ❑ Warranty Deed(s) 3 ❑ ❑ Boundary Survey 3 FLI ❑ Conceptual Site Plan 24" X 36" plus (one 8 % X 11 copy) ❑ 0 ❑ Plans showing proposed location for utilities, if required ❑ 0 ❑ Plans for screening and buffering the use with reference as to type, dimensions, and character, if required ❑ ❑ ❑ Plans showing the proposed landscaping and provisions for trees protected by County regulations, if required ❑ ❑ ❑ Plans showing the proposed signs and lighting, including type, dimensions, and character, if required ❑ ❑ ❑ Architectural Rendering of Proposed Structure(s), if applicable 4 El ❑ Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 5 ❑ ❑ Statement of utility provisions (with all required attachments & sketches) 1 ❑ ❑ Environmental Data Requirements, pursuant to LDC section 3.08.00 3 ❑ ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) at time of public hearings. Coordinate with project planner at time of public hearing. ❑ ❑ ❑ Listed Species Survey; less than 12 months old. Include copies of previous surveys. 2 0 ❑ Traffic Impact Study (TIS) or waiver 7 0 ❑ Historical and Archeological Survey, or waiver 4 ❑ ❑ Electronic copy of all documents and plans * Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 ❑ * If located in the Bayshore/Gateway Triangle Redevelopment Area, include an additional set of each submittal requirement ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. 9/25/2014 Page 10 of 13 • • C, 0 • Co e�rG. ounty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Planners: Indicate if the petition needs to be routed to the following additional reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ Conservancy of SWFL: Nichole Ryan ❑ Graphics: Mariam Ocheltree ❑ City of Naples: Robin Singer, Planning Director ❑ Utilities Engineering: Kris VanLengen ❑ Parks and Recreation: Vicky Ahmad ❑ Immokalee Water/Sewer District: ❑ Other: ❑ School District (Residential Components): Amy Heartlock Communication Towers: ❑ Mosquito Control I ❑ I Collier County Airport Authority ❑ I Naples Airport Authority Commercial Mining: ❑ T Impact Fees FEE REQUIREMENTS All checks payable to: Board of County Commissioners x Pre -Application Meeting: $500.00 (to be credited towards the application fee if the application is filed within 9 months of pre -application meeting) X Conditional Use Application Fee: $4,000.00 o When filed with Rezone Petition: $1,500.00 o Additional fee for 5ch and subsequent reviews: 20% of original fee Fire Code Review Fee: $150.00 x Comprehensive Planning Consistency Review: $300.00 x Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 x Listed or Protected Species survey review fee (when an EIS is not required): $1,000.00 x Transportation Fee, if required: x Methodology Review Fee: $500.00 R Minor Study Review Fee: $750.00 o Major Study Review Fee: $1,500.00 X Estimated Legal Advertising Fee for the Hearing Examiner or CCPC: $925.00 $1,150 Estimated Legal Advertising Fee for the 8ZA, if required: $500.00 Total: $8,850.00 The completed application, all required submittal materials, and fees shall be submitted to: Applicant Signature 9/25/2014 Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 9/19/16 Date Page 11 of 13 PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects,, Engineers, Planner=s and Landscape Architecture Growth Management Plan Consistency & Evaluation Criteria Analysis East Naples Self -Storage — CU Application a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY. Future Land Use Element (FLUE): The subject property is designated Urban (Urban — Mixed Use District, Urban Residential Subdistrict) as identified on the Future Land Use Map within the Growth Management Plan (GMP). This district is intended to accommodate a variety of residential and non-residential land uses, including industrial and commercial subject to criteria. The subject site consists of Lots 1, 2, 11, 12 and a portion of 3. This property is not consistent with any locational criteria in the FLUE for commercial zoning. However, the entire property is identified on the "Consistent by Policy" maps, part of the Future Land Use Map series in the FLUE. FLUE Policy 5.1 allows such properties to be developed in accordance with their existing zoning. Under the Zoning Re-evaluation Ordinance, implemented in the early 1990's, an exemption application was approved for the portion of Lot 3, a Compatibility Exception application was approved for Lots 1 and 2, and a Compatibility Exception was approved for Lots 11 and 12 (and Lot 10, not part of this CU petition). Both Compatibility Exceptions contained conditions that were subsequently imposed via a "rezoning" from C-4 to C-4 (Ordinance No. 92-43). A copy of this ordinance is included in Exhibit 16. Those conditions (which the building stories, specify buffer type and location, preclude local street access, and limit access to US -41 and require shared access) are included in the CU Resolution for this petition. Those conditions allow one access point to serve Lots 1 and 2, and one access point to serve Lots 10-12. Only one access point is proposed for the entire site, so access is in compliance with that limitation. Also, there is a prohibition on access to Floridan Avenue, only emergency vehicles are allowed access. Staff previously advised that access restricted to emergency vehicle use is consistent with the intent of the prohibition. 145 Central Avenue, Naples, Florida 34102 mfernandez@olanninodeveloomentinc.com 239.263.6934 fax 877.263.0535 i Development Consulting and Planning Architecture Engineering Landscape Architecture Florida Corporate Certificate of Authorization No's: AA26002158 CA No. 8450 LC0000378 • PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects, Engineers, Planners and Landscape Architecture FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning previously left this determination to the Zoning and Land Development staff as part of their review of the petition in its entirety. Objective 7 of the FLUE states: "In an effort to support the ... Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable." Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (Access is provided onto US -41 East, an arterial road.) Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (The site is proposed as a single development project. Given the small size of the project, and the proposed development, a loop road or drive is not feasible.) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection point with adjoining neighborhoods or other developments regardless of land use type. (Given the small size of the project, its double frontage, water management and preserve area location, and building size and location, one or more interconnections are not feasible. Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (Mostly not applicable given that this is a commercial development.) Based in part on the above, it can be concluded that the requested conditional use may be deemed consistent with the FLUE of the Collier County GMP. Transportation Element: The Self -Storage CU application can be considered consistent with Policy 5.1 of the Transportation Element of the GMP. The adjacent roadway network has sufficient capacity to accommodate this project throughout the applicable planning period. See Exhibit 14: TIS for conclusions of no significant impact and therefore the project can be found consistent with Policy 5.1. 145 Central Avenue, Naples, Florida 34102 mfernandezCabolanninadeveloomentinc.com 239.263.6934 fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture Florida Corporate Certificate of Authorization No's: AA26002158 CA No. 8450 LC0000378 PLANNING DEVELOPMENT INCORPORATED Development Consultants, architects, Engineers; Planners and Landscape architecture ANALYSIS: a. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). As previously noted, this request is consistent with the FLUE and the GMP. The proposed setbacks are in compliance with the rules and regulations in the LDC. The C-4 zoning district requires a 25 -foot or 1/2 building height, whichever is greater, front setback along Tamiami Trail East and Floridan Avenue, and a side setback of 15 feet or Y2 the building height. The C-4 district allows a maximum zoned height of 75 feet, the proposed building has a depicted maximum zoned height of 30'-9 1/2"; an actual height of 42' — 2", when including architectural corner features which cover a limited portion of the building footprint. The project will be required to undergo the site development plan review process to ensure compliance. This petition is also consistent with Ordinance No. 92-43 that was approved as part of the Zoning Re-evaluation process. b. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. 0 The primary ingress and egress to the site will be via a right-in/right-out driveway at Tamiami Trail East (US 41). The petitioner will be required to provide a right turn lane from Tamiami Trail East, a 6 lane divided arterial roadway with a roadway speed of 55 mph. A restricted "emergency vehicle only" access point has been provided at Floridan Avenue. There is an existing sidewalk along Floridan Avenue and Tamiami Trail East. This project will not adversely impact the surrounding roadway network. c. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. If approved, the proposed use should have minimal impact on neighboring properties in relation to glare, economic or odor effects. There are no odors associated with self -storage buildings. The size of the building will be screened by a combination of landscape buffering and reduced in mass with consistency with the County Architectural Design Standards. There will be little impact associated with noise. As depicted on the attached Master Site Plan, the proposed .20± acre preserve, combination 25 feet of landscaping generally comprise of 10 feet of building perimeter landscaping and 15 -foot wide Type B or Type C landscape buffer) surrounding the building on two sides and 20 ft. abutting the gas station to the southeast, along with 15 -foot wide roadway buffers can be expected to offset some of the impact to the residential neighbors located north and east of the building. It can be noted that the additional 10 ft. setback 145 Central Avenue, Naples, Florida 34102 mfernandez@olanninodeveloomentinc.com 239.263.6934 fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture Florida Corporate Certificate of Authorization No's: AA26002158 CA No. 8450 LC0000378 i PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architect., Engineers, Planners and Landscape Architecture provided for compliance with the County's Architectural Design Standards for the primary fagade fronting Floridan Avenue, the effective setback is and landscaped buffer width is 30.1 ft. to/from the public right-of- way. d. Compatibility with adjacent properties and other property in the district. The self -storage building is setback 25 feet from the Tamiami Trail East and Floridan Avenue; with an effective/average setback of over 30 ft.; and 20 ft. to the southeast property line. The building height is limited to three stories and a proposed zoned height of approximately 31 ft., which is compatible with the surrounding commercial development. (Note that the LDC allows a zoned height of 75 feet in this zoning district). Northeast of the site, is Floridan Avenue and then three single family residences (which have a maximum zoned height potential of 35 ft. which is greater than the 31 ft. proposed by the development. To the southeast of the site is a convenience store and a gas station. To the southwest of the site is Tamiami Tail East then commercial businesses. To the northwest of the site is an undeveloped, vegetated lot. In addition, the proposed structure as depicted in Attachment 2 shall comply with the architectural design standards of section 5.05.08 of the LDC. Based on the information provided and with the appropriate mitigations, the proposed Conditional Use is an appropriate use of the subject site. The applicant has acknowledged that: 1. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, Site Development Plan (SDP) review and approval, of the Collier County Land Development Code. 2. And, the applicant has agreed to incorporate the conditions from Collier County Ordinance No. 92-43 which address site access, building height and landscaping, into the site plan during the SDP review process: a. Access onto Floridan Avenue is prohibited (except for emergency vehicle use). b. Principal structures shall be limited to three stories in height. c. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 4.06.02.C.2 (Alternative B) of the Land Development Code. d. The entire site shall be limited to a single access point onto US -41. e. And additionally, at the discretion of the Transportation Services Division and Florida Department of Transportation, a deceleration (turn) lane may be required. 145 Central Avenue, Naples, Florida 34102 mfernandez@olanninodevelopmentinc.com 239.263.6934 fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture Florida Corporate Certificate of Authorization No's: AA26002158 CA No. 8450 LC0000378 Goer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Notes Petition Type: Conditional Use Date and Time: 6/30/2016 Assigned Planner: Daniel James Smith Engineering Manager (for PPL's and FP's): Project Information Project Name: EAST NAPLES SELF STORAGE CU PL #: PL20160001380 Property ID #: 62090040005 Current Zoning: Project Address: 11201 Tamiami Trail East City: State: Zip: Applicant: 1080 Central LLC - Property Owner Agent Name: Michael Fernandez RA AICP phone: 239-263-6934 Agent/Firm Address: City: State: Zip: Property Owner: Please provide the following, if applicable: L Total Acreage: ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: IV. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: C. I�� • • 4 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net Collier County Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 .. �. \\ C u_\\ r:_.r� h\�. r r +��•.�1 '�.� .�C'i,` ��2 v 4'U\�'l'\G��1C: v _( ��LV.�ix_ Cq„P I f4t�nlNn No LLQ (^� w e- ,� � p Scr/ of . �l l+Lt 'Pro", e. r AP74,.-r�s fiD -ht (!J-1 df' la f JIi �/ ✓%� 2-00 l Siwln�L CiH�nLjetl I�Vr+t I'Ll' e-,;-rlrGr �`/�%Jrt �YL'��l//�zfk A. 4/7r 1;txora'+'/n�f�n� CC'Ntw1G, f f �>ir -�/,e, re-zcj d COiI,�(Ci vhS It �vf�1r /l, 19 Y/ re ` f/ttra Alceis ` o Ataif Ir�e-e .S See l be)( -S ryav-'N -�r-�'s;�e . '�� do-Si�jje �s er 'Q -S ti a .U� G{'Q�� ` �^f 1� ocy 6 vie c-(! S S �% a ✓�' l f4y- • Co� iL�~er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE M GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Sign -In Sheet Pl. #: R--7ZM)iL f C L-jo 13�v Collier County Contact Information: �J 0 Name Review Discipline Phone Email David Anthony Environmental Review 252-2497 davidanthony@colliergov.net ❑ SummerAraque Environmental Review 252-6290 summerbrownaraque@colliergov.net ❑ Steve Baluch Transportation Planning 252-2361 StephenBaluch@colliergov.net ❑ Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio@colliergov.net ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidiashton@colliergov.net ❑ Dale Fey North Collier Fire Safety dalefey@colliergov.net ❑ Eric Fey, P.E. Utility Plan Review 252-2434 ericfey@colliergov.net ❑ Paula Fleishman Impact Fee Administration V 2524924 *paulafleishman@colliergov.net ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michaelgibbons@colliergov.net ❑ Nancy Gundlach, AICP, PLA Zoning Services 252-2484 nancygundlach@colliergov.net ❑ Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org ❑ John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 aliciahumphries@colliergov.net ❑ Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net ❑ Stephen Lenber er Environmental Review 252-2915 stevelenberger@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.net ❑ Thomas Mastroberto Greater Na les Fire Safety 252-7348 Thomasmastroberto@colliergov.net ❑ Jack McKenna, P.E. Engineering Services 252-2911 jackmckenna@colliergov.net ❑ Matt McLean, P.E. Principal Project Manager 252-8279 matthewmclean@colliergov.net ❑ Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net Michele Mosca, AICP Impact Fee Administration 252-2466 michelemosca@colliergov.net Annis Moxam Addressing 252-5519 annismoxam@colliergov.net ❑ Mariam Ocheltree Graphics 252-2315 mariamocheltree@colliergov.net ❑ Brandy Otero Transit 252-5859 brandyotero@colliergov.net ❑ Bill Pancake North Collier Fire Safety 252-2310 billpancake@colliergov.net ❑ Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net ❑ Fred Reischl, AICP Zoning Services 252-4211 fredreischl@colliergov.net ❑ Brett Rosenblum, P.E. Stormwater Plan Review 252-2905 brettrosenblum@colliergov.net Michael Sawyer Transportation Planning 252-2926 michaelsawyer@colliergov.net �J 0 • • 0 CAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net ❑ Chris Scott, AICP Planning and Zoning 252-2460 chrisscott@colliergov.net ❑ Peter Shawinsky Architectural Review 252-8523 etershawinsky@colliergov.net Daniel Smith, AICP Zoning Services 252-4312 danielsmith@colliergov.net Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net ❑ Mark Templeton Landscape Review 252-2475 marktempleton@colliergov.net pe"Ea-rolina Vale Comprehensive Planning 252-8498 carolinavalera@colliergov.net ❑ Kris VanLengen Utility Planning 252-5366 krisvaniengen@colliergov.net ❑ Jon Walsh Building Review 252-2962 onathanwalsh@colliergov.net David Weeks, AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@coiliergov.net ❑ Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: , ' Name Representing Phone Email •Viii EL LSOAlogrWAL // $'�F3 rric, C q.�j! MA y-DgD evs _ ..atm � Af f .r,"� 6-i-'� � k�`?�J :�G:.[cn�rbn ��;-ia • I � n a CrA �M Environmental Data Checklist The Environmental Data requirements can be found in LDC Section 3.08.00 31. ovide the EIS fee if PUD or CU. 2. O AND WHAT COMPANY PREPARED TELE ENVIRONMENTAL DATA REPORT• Preparation of nvironmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. 3. I ntify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the R MU district, provide an assessment in accordance with 3.05.07 F and identify on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least O.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to fust development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff, consistent with State regulation. 4. SDP or final plat construction plans with impacts to five (5) or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre -development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies, and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. 5. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. (Def here native vegetation is retained on site, provide a topographic map to a half foot and, where possible, provide levations within each of the FLUCFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. 7. Pr vide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered (48- P vide a survey for listed plants identified in 3.04.03 9. Wildlife habitat management and monitoring plans in accordance with 3.04.00 shall be required where listed species are utilizing the site or where wildlife habitat management and monitoring plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Identify the Iocation of listed species nests, burrows, dens, foraging areas, and the location of any bald eagle nests or nest protection zones on the native vegetation aerial with FLUCFCS overlay is for the site. Wildlife habitat management plans shall be included on the SDP or final plat construction plans. Bald eagle management plans are required for sites containing bald eagle nests or nest protection zones, copies of which sball be included on the SDP or final plat construction plans. Conditional Use Development of Regional Impact " Se S 9e 144. project must be in compliance with the overlays, districts and/or zoning on the �bject site and/or the surrounding properties. (i.e. CON, ST, PUD, RLSA designation, RFMU district, etc.) (LDC 2.03.05-2.03.08; 4.08.00) land use compliance 147. Comply with specific requirements per SSA stewardship easement. (LDC 4.08.06) SSA compliance 148. Comply with specific requirements per SRA development document/master plan. (LDC 4.08.07) SRA compliance (1:499tibmit a current aerial photograph and clearly delineate the subject site boundary lines. If the site is vegetated, provide FLUCFCS overlay or vegetation inventory identifying upland, wetland and exotic vegetation. (LDC 10.08.00.B.6) FLUCCS aerial (::�150. early identify the location of all preserves and label each as "Preserve" on all plans. LDC 3.05.07.A.2). preserves labeled 1�51.j4ovide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on-site or mitigated off- _ site._Exclude vegetation located within utility and.drainage easements from -the preserve calculations (LDC 3.05.07.13-13; 3.05.071; 3.05.07.H.1.d-e). preserve calculation 0 ( D�If15Mite preservation proposed, demonstrate that project complies with LDC standards. (LDC 3.05.07 H 1 f) ( :51H111 oposed uses and structures in preserves must comply with Allowed Uses (LDC 3.05.07 h i) 154.Demonstrate that any proposed discharges of stormwater into preserves meet required treatment standards and other criteria (LDC 3.05.07 H 1 h ii) 142. Wetland line shall be approved by SFWNM and delineated on the site plan. (LDC '---Li.05.07.F) D ovide a wildlife survey and include the species specific wildlife habitat management an on the site lan. The management lan shall include a monitoring program for sites P P larger than 10 acres. (LDC 3.04.00) species survey & management 1: 576 complete and sufficient Environmental Data identifying author credentials, off- ite preserves, seasonal and historic high water levels, and analysis of water quality. For land previously used for farm fields or golf course, provide soil sampling/groundwater monitoring reports identifying any site contamination. (LDC 10.02.02 A) EIS re aired 157. Retained preservation areas shall be selected based on the criteria defined in LDC 05.07.A.3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. (LDC 3.05.07.A.1-4) preserve selection 18. Where applicable, provide evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County. Include all state permits that comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 13, 2005. 0 19. Identify any Wellfteld Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or fmal plat construction plans. For land use applications such as standard and PUD rezones and CUs, provide a separate site plan or zoning map with the project boundary and Wellfield Risk Management Special Treatment Overlay Zones identified. 20. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. 21. For sites located in the Big Cypress Area of Critical State Concern -Special Treatment overlay district (ACSC- ST), show how the project is consistent with the development standards and regulations in 4.02.14. 22. For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with 5.05.02. Refer to the Manatee Protection Plan for site specific requirements of the Manatee Protection Plan not included in 5.05.02. 23. For development orders within RFMU sending lands, show how the project is consistent with each of the applicable Objectives and Policies of the Conservation and Coastal Management Element of the GMP. 024 -he County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. (LDC 10.02.02.A.3 f) The following to be determined at preapplication meeting: (Choose those that apply) I ovide overall description of project with respect to environmental and water management issues. plain how project is consistent with each of the applicable objectives and policies in the CCME of the MP. plain how the project meets or exceeds the native vegetation preservation requirement in the CCME and DC. dicate wetlands to be impacted and the effects of the impact to their functions and how the project's design mpensates for wetland impacts. dicate how the project design minimizes impacts to listed species. Describe the measures that are proposed mitigation for impacts to listed species. 25. zoning and CU petitions. For PUD rezones and CU petitions, applicants shall collate and package applicable Environmental Data Submittal Requirements into a single Environmental Impact Statement (EIS) document, prior to public hearings and after all applicable staff reviews are complete. Copies of the EIS shall be provided to the County Manager or designee prior to public hearings. 26. Is EAC Review (by CCPC) required? 27. Additional Comments 28. Stipulations for approval (Conditions) 0 ��: rovide the location, maintenance plan, and type of habitat of any proposed off-site preservation/mitigation. (LDC 3.05.07.F.4) off-site mitigation 126. All direct impacts to wetlands within the RFMU District and the Urban Designated Area Lake Trafford/Camp Keais wetland system shall be mitigated. Provide a mitigation assessment. (LDC 3.05.07.F3-4) wetland mitigation 127.Wetlands within the RFMU District and the Urban Designated Area Lake Trafford/Camp Keais wetland system being utilized by listed species, serving as wildlife corridors and existing wetland flow ways shall be preserved onsite, even if by doing so exceeds the required preservation acreage. (LDC 3.05.07.F3.b-c) wetland impacts 128.Wetlands within the RFMU District and the Urban Designated Area Lake Trafford/Camp Keais wetland system shall provide an assessment of the value and function of the onsite wetlands (WRAP score). Direct impacts of development shall be directed away from high quality wetlands. (LDC 3.05.07.F.3_a) wetland assessment 129. RLSA Baseline standards for Wetlands outside of FSAs, HSAs, WRAs and the ACSC. Wetlands being utilized by listed species or serving as wildlife corridors shall be preserved onsite, even if by doing so exceeds the required preservation acreage. (LDC 4.08.05.M.2.) RLSA wetlands -130: RLSA Baseline standards for Wetlands outside of FSAs, HSAs, WRAs aizd the ACSC Provide a map identifying the wetland assessment scores of each wetland on-site. The preservation requirement shall be met first with wetlands with a score of 0.65 or greater (based on SFWMD methods). Provide agency approved wetland score documentation. (LDC 4.08.05.M.1.) RLSA wetland assessment 131. RLSA Baseline standards for Wetlands outside of FSAs, HSAs, WRAs and the ACSC. Direct impacts to wetlands, shall be mitigated for. Provide a mitigation assessment. The wetland functional score of the mitigation must equal or exceed that of the impacted wetlands. Demonstrate that there's no net loss of wetland functions. Priority shall be given to mitigation within FSAs and HSAs. (LDC 4.08.05.M.8-9.) RLSA mitigation 159. ACSC-ST Overlay: Max. of 10% of the site (min. 2,500 sq. ft.) may be impacted. A max. of 50% of the impacted area shall permitted to be non -permeable. (LDC 4.02.14) ACSC alteration 160. ACSC-ST Overlay: Wetland plants shall not be altered. (LDC 4.02.14) ACSC wetlands 3 04. Additional comments C}(� ?�3 a 1 tl� Stipulations for approval (Conditions) `_ (} �, � 1\ �C cc-� V' c ENV 1 Golf Courses within RFMU or RLSA must provide an Environmental Master Plan and Natural Resource Management Plan (NRMP) approved by Audubon International. (LDC 2.03.08.A.2.a.(3)(a).xi.b; 2.03.08.A3.a.(1)(k); 4.08.06.A3.h; 4.08.08.F.1) ENV2 'nciple structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within 10' of the boundary unless it can be shown that it will not affect the integrity of the preserve (i.e. stem wall or berm Cor County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Planners: Indicate if the petition needs to be routed to the following additional reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director Emergency Management: Dan Summers; and/or EMS: Artie Bay Ll Conservancy of SWFL: Nichole Ryan EJ I Graphics: Mariam Ocheltree ❑ City of Naples: Robin Singer, Planning Director Utilities Engineering: Kris Van Lengen Parks and Recreation: Vicky Ahmad EJ I Immokalee Water/Sewer District: ❑ Other: ❑ School District (Residential Components): Amy Heartiock Communication Towers: ❑ Mosquito Control F1 Collier County Airport Authority Naples Airport Authority Commercial Mining: FETT Impact Fees FEE REQUIREMENTS All checks payable to: Board of County Commissioners 'Pre -Application Meeting: $500.00 (to be credited towards the application fee if the application is filed Xconditional within 9 months of pre -application meeting) Use Application Fee: $4,000.00 o When filed with Rezone Petition: $1,500.00 o Additional fee for 5"' and subsequent reviews: 20% of original fee Fire Code Review Fee: $150.00 Comprehensive Planning Consistency Review: $300.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Listed or Protected Species survey review fee (when an EIS is not required): $1,000.00 Transportation Fee, If required: o Methodology Review Fee: $500.00 o Minor Study Review Fee: $750.00 o Major Study Review Fee: $1,500.00 ! t sa '—Estimated Legal Advertising Fee for the Hearing Examiner or CCPC: $9'25-00- '❑ Estimated Legal Advertising Fee for the BZA, If required: $500.00 The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Applicant Signature Date 9/25/2014 Page 11 of 13 • • is Goer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliersov.net (239) 252-2400 FAX: (239) 252-6358 Public Participation Requirements LDC Section 10.03.06 B. or C. Chapter 8 of the Administrative Code Notice for Minor Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the Hearing Examiner's receipt of the staff report and application materials in accordance with the applicable sections of the Administrative Code. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing_Examiner hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised Hearing Examiner hearing date. Public Hearing for Minor Conditional Use Petitions Hearing Examiner: The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Notice for Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. 9/25/2014 Page 12 of 13 CO*r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised public hearing date. Public Hearing for Conditional Use Petitions Environmental Advisory Committee (EAC): The EAC shall hold at least 1 advertised public hearing, if required. Collier County Planning Commission (CCPC): The CCPC shall hold at least 1 public hearing. Board of Zoning Appeals (BZA): The BZA shall hold at least 1 advertised public hearing 9/25/2014 Page 13 of 13 • • • Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑ A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.I. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. Requirements for Review Copies Required Not Required Completed Application (download current form from County website) 16 U ❑ Cover letter briefly explaining the project 16 ID El Pre -Application Notes 1 U❑ Affidavit of Authorization, signed and notarized Completed Addressins Checklist 2 ❑ 1 1 ❑ Warranty Deed(s).- .. _ 3 - -. ❑ . Boundary Survey 3 El Conceptual Site Plan 24" X 36" plus (one 8 Y. X 11 copy) Plans showing proposed location for utilities, if required LJ El Plans for screening and buffering the use with reference as to type, dimensions, and character, if required ❑ ❑ Plans showing the proposed landscaping and provisions for trees protected by County regulations, if required ❑ ❑ Plans showing the proposed signs and lighting, including type, dimensions, and character, if required ❑ ❑ Architectural Rendering of Proposed Structure(s), if applicable 4 ❑ Current aerial photographs (available from Property Appraiser) with project and, if vegetated, FLUCFCS Codes with legend included on aerial. S ❑ El Statement of utility provisions (with all required attachments & sketches) 1 ❑ ❑ Environmental Data Requirements, pursuant to LDC section 3.08.00 3 ❑ ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) at time of public hearings. Coordinate with project planner at time of public hearing. ❑ ❑ ❑ Listed Species Survey; less than 12 months old. Include copies of previous surveys. 2 ❑ ❑ Traffic Impact Study (TIS) or waiver 7 ❑ Historical and Archeological Survey, or waiver 4 El ZE Electronic copy of all documents and plans * Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically In PDF format. 1 "j`�� ❑ * If located in the Bayshore/Gateway Triangle Redevelopment Area, include an additional set of each submittal requirement ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. Is• Please contact the project manager to confirm the number of additional copies required. 9/25/2014 Page 10 of 13 COLL7er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collieraov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD—Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to ore -application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Camival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) © CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment)'- ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) attached S9 T50 R26 FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 62090040005 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) ErAWAMVII • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy -needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) PROPOSED PROJECT NAME (if applicable) EAST NAPLES SELF STORAGE CU PROPOSED STREET NAMES (rfapplicable) SITE DEVELOPMENT PLAN NUMBERforexistin ro'ects/sites only) ( 9P 1 SDP_- or AR or PL # 2016 000 1380 • • cner County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Return Approved Checklist By: •❑ Email ❑ Fax ❑ Personally picked up Applicant Name: 1080 Central LLC c/o Michael Fernandez/Planning Development Inc Phone: 239-263-6934' Email/Fax: mfemandez@planningdevelopmentinc.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 62090040005 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: a �-- v _Date: 6/20/2016 Updated by: I --Date: • IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED SECTION: 29 TOWNSHIP: 508 RANGE: 26E FOLIO NUMBERS: 62090040005: 11201 Temleml Tr. E RATTLESNAKE HAMMOCK ROAD (C.R.864) d* PROJECT �9 LOCATIO v �9 Location Map Scale: 1 inch = 4000 feet 0 R. 4000 R 8000 ft. 12,000 R 16,000 % Enlarged View Scale: Not to Scale 0 0 0 Collier County Property Appraiser Property Summary ( Parcel No. 62090040005 Site Adr, 11201 TAMIAMI TRLE r Name/Address 1080 CENTRAL LLC 145 CENTRAL AVE ._.City. NAPLES State l FL 21p34102 — — _ Map Na. Scrap Nd.Section Township I Range Acres Estimated SB29 1 5074001 15629 _ 29 _50 _ l.,_ 26 1 -.-_ 2A4 NAPLES MANOR ADD BLIT 1 LOTS 1 2 AND NLY 48 SFT LOT 3, AND LOTS 11 & 12 OF NAPLES MANOR ANNEX BLK 1 B i PG 11 AND THAT PORTION OF THE UNPLATTED 4OFT CANA BETWEEN NAPLES MANOR ANNEX 61 PG 110 AND NAPLES MANOR ADDITION PB 3 PG 67 Legal IFURTHER DESC AS FOLLOWS: BEG AT NE CNR OF LOT 1 ELK 1 OF SAID NAPLES MANOR ADDITION, THEN 5 SODEG W ALG THE NWLY UNE OF LOT 1 FOR 200FT, THEN N 39DEG W 4OFT TO THE SW CNR SOF LOT 12 BLK 1 OF SAID NAPLES MANOR ANNEX, N SODEG E ALG SELY UNE OF LOT 12 200FT, S _ I39DEG E 40FT TO P06 Mjllaae Area O 108 MKIllae Rites O Calculations Sub/Cando 1507400- NAPLES MANOR ADDITION School Other Total -__-_ Use Code0�0 VACANT RESIDENTIAL _-- - _ 5.48 - ,.6.3807 - 1 11.8607 Latest Sales History (Net all Sales are hated due to Cenfiden8dity) _ Date _ 04/30/14 1 Book -Page Amount I 5032.54 _ $ 44,500 _ 06/01/12 4812-1157 _ _ _ _ $ 0 06/07/10 4581-2156 _ 5100 06/07/064051-689 (.) $1,670,000 —— $1,550,000 03/09/05 3748-3521 - _ 01/16/87 ..... /01/84 - 1x44-2284 $0 1104.620 - - - 3 Bq -000 $ 0o 04/01/81 912-249 40 2015 Certified Tax Roll (Subject to Change) Land Value. $ 444,678 I.) Improved Value I $0 (.) Market Value $444.678 I.) Assessed Value $ 444,678 (.) School Taxable Value ! $ 444,678 (.) Taxable Value $444,678 • LEGAL DESCRIPTION LOTS 1, 2, AND THE NORTHERLY 48.5 FEET OF LOT 3, BLOCK ONE, NAPLES MANOR ADDITION, RECORDED IN PLAT BOOK 3, PAGES 67 & 68; AND A TRACT OF LAND BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK ONE OF SAID NAPLES MANOR ADDITION, THENCE SSO°28'30"W, ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, 200 FEET, TO THE NORTHWEST CORNER THEREOF; THENCE N39"31'30"W, 40 FEET, TO THE SOUTHWEST CORNER OF LOT 12, BLOCK ONE, OF SAID NAPLES MANOR ANNEX; THENCE N50°28'30"E, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 12, 200 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE S39°31'30"E, 40 FEET, TO THE POINT OF BEGINNING; AND LOTS 11 & 12, BLOCK ONE, NAPLES MANOR ANNEX, RECORDED IN PLAT BOOK 1, PAGE 110; ALL SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD, ALL RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. • 1 • AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMSERS(S) PL 2016 0001380 East Naples Self Storage CU 1. MICw RFEPo DEZ (print name), as SINS MEMBER (title, if applicable) of neo CENTR uc (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant�coMrect purchaserMand that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal waking hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize wC�EIRFEP DErR NCIRuNNINODEVELorMe IK to act as our/my representative in any matters regarding this petition including 1 through 2 above. 'Notes: • If the applicant is a corporation, then if is usually executed by the corp. pres. orv. pres. • If the applicant is a Limited Liability Company (LLC.) or Limited Company (L.C.), then the documents should typically be signed by the Company's'Managing Member.' • lythe applicant is a partnership, then typically a partner can sign on behalf of the partnership. • ff the applicant is a limited partnership, then the general partner must sign and be identilred as the 'general partner' of the named partnership. is• ff the applicant is a trust, then they must include the trustee's name and the wordsas trustee'.. • In each instance, rrrst determine the applicant's status, e.g., individual, corporate, trust. partnership, and then use the appropdete format for that ownership. Under penalties of perjury, I declare that I have mad the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was savor55r1 to (or affirmed) and subscribed before me on OG ('2012ol6 (date) by 1-�rChaCl 12fYX\r�C1.e'Z (name of person providing oath or affirglation), as who is personally known to mproduced FL- (�L (type of identification) as identification. e o o has� / STAUPIstuM. Signature of Notary Public N; NOL W y' 9% Notary Public - Shot d Fbdes - -_ My Comm. Etylrn JN t0. 2013 ?� Commisslon M FF 140740 • p„„hT-- BoaFE7noWINflooN Ndry Ann REV MatMA-0OIt5U53 REV 3IZ4 COWer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierp,ov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressina personnel prior to pre -application meeting, please allow 3 days for arocessina. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) 0 CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) attached S9 T 5 0 P,26 FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 62090040005 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 11201 Tan i6amo Tram' East, Naples, Fleride 34113 • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy -needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) PROPOSED PROJECT NAME (if applicable) East Naples Self Storage (CU) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # 2016 000 1380 • • • Co er County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 FAX (239) 252-5724 Projector development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Return Approved Checklist By: ❑a Email ❑ Fax ❑ Personally picked up Applicant Name: 1080 Central LLC c/o Michael Fernandez/Planning Development Inc Phone: 239-263-6934 Email/Fax: mfernandez@planningdevelopmentinc.com Signature on Addressing Checklist does not constitute Project and/or Street Name • approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 62090040005 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: �— %-tip _Date: 6/20/2016 Updated by: Date: • IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED 0 0 Z SECTION: 29 TOWNSHIP: 50S RANGE: 26E FOLIO NUMBERS: 62090040005: 11201 Tamiami Tr. E RATTLESNAKE HAMMOCK ROAD (C.R.864) Gs r PROJECT LOCATION /i,9 tV I� �9 s� Location Map Scale: 1 inch = 4000 feet 0 ft. 4000 ft. 8000 ft. 12,000 ft. 16,000 ft. Enlarged View Scale: Not to Scale Collier County Property Appraiser Property Summary • Parcel No. 62090040005 Site Adr. 11201 TAMIAMI TRL E Name / Address 1080 CENTRAL LLC 145 CENTRAL AVE NAPLES MANOR ADD BLK 1 LOTS 1, 2 AND NLY 48.5FT LOT 3, AND LOTS 11 & 12 OF NAPLES MANOR ANNEX BLK 1 (PB 1 PG 110), AND THAT PORTION OF THE UNPLATTED 40FT CANA BETWEEN NAPLES MANOR ANNEX PB 1 PG 110 AND NAPLES MANOR ADDITION PB 3 P667 Legal FURTHER DESC AS FOLLOWS: BEG AT NE CNR OF LOT 1 BLK 1 OF SAID NAPLES MANOR ADDITION, THEN S SODEG W ALG THE NWLY LINE OF LOT 1 FOR 20OFT, THEN N 39DEG W 40FT TO THE SW CNR OF LOT 12 ELK 1 OF SAID NAPLES MANOR ANNEX, N SODEG E ALG SELY LINE OF LOT 12 200FT, S 39DEG E 40FT TO POB City NAPLES State FL Zip 34102 Map No. Strap No. Section Township Range Acres *Estimated 5829 5074001 15829 29 50 26 2.44 NAPLES MANOR ADD BLK 1 LOTS 1, 2 AND NLY 48.5FT LOT 3, AND LOTS 11 & 12 OF NAPLES MANOR ANNEX BLK 1 (PB 1 PG 110), AND THAT PORTION OF THE UNPLATTED 40FT CANA BETWEEN NAPLES MANOR ANNEX PB 1 PG 110 AND NAPLES MANOR ADDITION PB 3 P667 Legal FURTHER DESC AS FOLLOWS: BEG AT NE CNR OF LOT 1 BLK 1 OF SAID NAPLES MANOR ADDITION, THEN S SODEG W ALG THE NWLY LINE OF LOT 1 FOR 20OFT, THEN N 39DEG W 40FT TO THE SW CNR OF LOT 12 ELK 1 OF SAID NAPLES MANOR ANNEX, N SODEG E ALG SELY LINE OF LOT 12 200FT, S 39DEG E 40FT TO POB 101 Millaae Area O 108 Millaae Rates O *Calculations Sub./Condo 507400 - NAPLES MANOR ADDITION School Other Total Use Code O 0 - VACANT RESIDENTIAL 5.48 6.3807 11.8607 Latest Sales History 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (SubJect to Change) Date Book -Page Amount Land Value $ 444,678 04/30/14 5032-549 $ 44,500 1.1 Improved Value $ 0 06/01/12 4812-1157 $ 0 (_) Market Value $ 444,678 06/07/10 4581-2156 $ 100 06/07/06 4051-689 $ 1,670,000 Assessed Value $ 444,678 03/09/05 3748-3521 $ 1,550,000 (_) School Taxable Value $ 444,678 01/16/87 1244-2284 $ 0 I-1 Taxable Value $ 444,678 10/01/84 1104-620 $ 80,000 If all Values shown above equal o this parcel was created after the Final Tar Roll 04/01/81 912-249 $ 0 101 • LEGAL DESCRIPTION LOTS 1, 2, AND THE NORTHERLY 48.5 FEET OF LOT 3, BLOCK ONE, NAPLES MANOR ADDITION, RECORDED IN PLAT BOOK 3, PAGES 67 & 68; AND A TRACT OF LAND BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK ONE OF SAID NAPLES MANOR ADDITION, THENCE S50°28'30"W, ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, 200 FEET, TO THE NORTHWEST CORNER THEREOF; THENCE N39°31'30"W, 40 FEET, TO THE SOUTHWEST CORNER OF LOT 12, BLOCK ONE, OF SAID NAPLES MANOR ANNEX; THENCE N50°28'30"E, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 12, 200 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE S39°31'30"E, 40 FEET, TO THE POINT OF BEGINNING; AND LOTS 11 & 12, BLOCK ONE, NAPLES MANOR ANNEX, RECORDED IN PLAT BOOK 1, PAGE 110; ALL SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD, ALL RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1 • • L INSTR 4975786 OR 5032 PG 549 RECORDED 4/30/2014 3:48 W PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DDce.70 $311.50 REC $27.00 CONS $44,468.00 This instrument prepared by and return to: Planning Development Inc. 145 Central Avenue Naples, FL 34102 Parcel Identification No.: 6209004DDOS Consideration: $44,468.00 THIS SPECIALWARRANTY DEED is -..l_ 30 dayofftai' . 2014, by Planning Development Inc. a Florida Corporeti �p �� 45 Central Avenue, Naples, FL 34102 (hereafter wiled the "Grantor"), 17", entrel LLC, a ROM oW Liability Company, whose address is 145 Central Avenue, Naples, F 341 er wiled the "G tee . That the Gnm'cr,for rn]J h um ($10.00( and other good and valuable consideration to sal Ti tor, in hand paid he nz he receipt of which is hereby acknowledged, hereby by grants, , sells, aliens, re I conveys and confirms unto the Grantee, all that certain piece, tract of land lying a in the County of Collier, State of Florida (the "Property'), more part' ribed On t Exhibit "A". THE C1R� SUe1ECT TO ad valorem taxes and arse cooing subsequent to December 31, 2013, and all reservations, covenants, conditions, restrictions, and easements of records, If any, but this instrument shall not operate to reimpose the same. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor, but none other. OR 5032 PG 550 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. Signed, sealed and delivered In the presence of: Signaturf Witness Printed arae: CIA7 - Signature of W Printed Name: State of Florida County of Collier The foregoing instrument was ak by Theresa F. Fernandez, as Vice of the corporation. She is (NOTARY SEAL) CATHY A DAME MY COMMISSION # EE134095 i�;. •e EXPIRES September 28, 2015 (007)398-0153 F4nd3NOnryS6N".[0m 9 "Grantor" Planning Development Inc., a Florida Corporation By: Printed: Theresa F. F rna ez Its Vice President R CIS ed before me day of 2014, of Planning Develo Fit l c., a Florida C rporation, on behalf \Q rsonalll me or has produced (Notary e?AWtq /�- 3alw'e--7 (Notary Name Printed) NOTARY PUBLIC COMMISSION NO. EE/3��,5' • • • OR 5032 K 551 - EXHIBIT «A„ LEGAL DESCRIPTION LOTS 1, 2, AND THE NORTHERLY 48.5 IN PIAT BOOK 3, PAGES 67 & 68; AND C A TRACT OF LAND BEGINNIA • MANOR ADDITION, THENCE 5 TO THE NORTHWEST CORNET OF LOT 12, BLOCK ONE, I SOUTHEASTERLY LINE OF SA 539'31'30"E, 40 FEET, TO THE L_J UNC LOTS 11 & 12, BLOCK ONE, NAPLES 12, 200 FEET, (F BEGINNING; RECORDED BLOCK ONE OF SAID NAPLES LINE OF SAID LOT 1, 200 FEET, TO THE SOUTHWEST CORNER :E N50'2830"E, ALONG THE T CORNER THEREOF; THENCE PLAT BOOK 1, PAGE 110; ALL SUBJECT TO EASEMENTS, RESTRICDONS AND RESERVATIONS OF RECORD, ALL RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. P'015 ° hrrF,g'pv. Property Summary Prr)P e rt'st 0P,`;a0 S (*f.it: Parcel No. 62090040005 Site Adr. 11201 TAMIAMI TRL E Name / Address 1080 CENTRAL LLC 145 CENTRAL AVE City NAPLES Map No. Strap No. 5B29 5074001 15B29 State FL Section Township Range 29 50 26 Zip 34102 Acres *Estimated 2.44 NAPLES MANOR ADD BLK 1 LOTS 1, 2 AND NLY 48.5FT LOT 3, AND LOTS 11 & 12 OF NAPLES MANOR ANNEX BLK 1 (PB 1 PG 110), AND THAT PORTION OF THE UNPLATTED 40FT CANA BETWEEN NAPLES MANOR ANNEX PB 1 PG 110 AND NAPLES MANOR Legal ADDITION PB 3 PG 67 FURTHER DESC AS FOLLOWS: BEG AT NE CNR OF LOT 1 BLK 1 OF SAID NAPLES MANOR ADDITION, THEN S SODEG W ALG THE NWLY LINE OF LOT 1 FOR 20OFT, THEN N 39DEG W 40FT TO THE SW CNR OF LOT 12 BLK 1 OF SAID NAPLES MANOR ANNEX, N 50DEG E ALG SELY LINE OF LOT 12 200FT, S 39DEG E 40FT TO POB Millaae Area Q 108 Millage Rates O *Calculations Sub./Condo 507400 - NAPLES MANOR ADDITION School Other Total Use Code 4 ' 0 - VACANT RESIDENTIAL 5.48 6.3807 11.8607 Latest Sales History 2015 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book -Page Amount Land Value $ 444,678 04/30/14 5032-549 $ 44,500 (+) Improved Value $0, 06/01/12 4812-1157 $ 0 (_) Market Value $ 444,678 06/07/10 4581-2156 $ 100 06/07/06 4051-689 $ 1,670,000 (-> Assessed Value $ 444,678 03/09/05 3748-3521 $ 1,550,000 (_) School Taxable Value $ 444,678 01/16/87 1244-2284 $ 0 (_) Taxable Value $ 444,678 10/01/84 1104-620 $ 80,000 If all Values shown above equal 0 this parcel was created after the Final Tax 04/01/81 912-249 $ 0 Roll • • 0 chf��lap of Aad les!' Property Detail ti Parcel No. 62090040005 Site Adr. 11201 TAMIAMI TRL E Name / Address 1080 CENTRAL LLC 145 CENTRAL AVE City NAPLES Tax Yr Issuer Permit # Land # Calc Code Units 10 COMMERCIAL SF 91175 20 FLAT VALUE 8000 30 FLAT VALUE 7025 • State FL Zip, 34102 Permits CO Date Tmp CO Final Bldg Type Building/Extra Features # Year Built Description Area Adj Area Collier County Property Appraiser 2015 • R,,a= E61ilt' P "r' ip !I, 62090040005 M ;dqe Area 0108 v,P Cq :e 00 Sl:,.=AolllesF 11201 T AWA101 TRL E Lffr,ii v- NAPLES MANOR ADD FILK 1 LOTS 1 ZAND—y485FTLOT 3,AND 1.07S 11 & 12 OF %AFLFS MANOR 27-644---l"'ALITO—SCH 5-DGIT 34102 '= CENTRALLSC 145CENTRAL AVE NAP11FS FL 34'02 11111111111111111111111111 51"ix'09 . . ......... I!ATOFYq"PROPERTY ALW�Tlct!- If I k C I 020 1 5� 05 05 ;-.1 ,Market values 2014 2015 12391262-8141 if. I sw 05 P", 152 S. 139 444,678 444,679 j -� 6 PIA SEPTEMBER 8, 2016 A 7"i,q Aiol-c,& Y 1 v, c 'PR -,OPO- S-E--DA"0'VALOREM'—- A' —SGE' -S-S-M—E—W- 8 pl ot "v Tattatik W6C COLUMN 1' T COLUMN 2' COLUMN 3' rAX,NG A,4 AOR T;;-:$ Allil�'� oil G. V!, F0% 444 G 13 444.678 :1 x.0941 11if! 4446._8 4446 13 4 44k�78 4 675a C 11111111111111111111111111 51"ix'09 1.1.1139 If I k C I 020 1 5� 05 05 ;-.1 $H 4.60 i Hki) W if. I sw 05 P", 152 S. 139 j -� F' -------- - -- ------ A . -0-f- Y 1 v, c 'PR -,OPO- S-E--DA"0'VALOREM'—- A' —SGE' -S-S-M—E—W- 8 • COLUMN 1' T COLUMN 2' COLUMN 3' rAX,NG A,4 AOR T;;-:$ Allil�'� oil G. V!, F0% fi-% A," iq, - x.0941 11if! OS 2C-5� 06 3r, -W *ivii, ow, J 11111111111111111111111111 51"ix'09 1.1.1139 If I 020 1 5� 05 05 ;-.1 $H 4.60 i Hki) W if. I sw 05 P", 152 S. 139 . Ped 'Cr2V$i 05 0- 09 08 2Ct5l 06 IC POO fi-% 4" iq, - x.0941 11if! OS 2C-5� 06 3r, -W *ivii, ow, J C9 11 0 X 50515-,• E $4 l If ;!.0940 1 i; Hit 07'2015 or, a P%11 366..0)..4111—"It; 9 009' 2G' 51 O's m ReVOrSO For Totai Property Taxes$5,336.01 11.9997 $4,986.31 11.2131 1 $5,174.19 111.860739!e gide Explanation 11111111111111111111111111 • 0 Now Due 0.00 Values/Reductions/Exemptions Collier County Tax Collector Tax Information 3291 Tamiami Trail East, Naples FL 34112 Market Value 444,678 2015 Tax Roll Inquiry System Rate Assessed Exempt Taxable Print this page I Print Tax Bill I New Search eBill Information 3.5938 444,678 '0 444,678 Sign up for eBill for an electronic, paperless tax bill in 2016. Mill Code 108 Save Our Homes Parcel ID 62090040005 Location 11201 TAMIAMI TRL E NAPLES Date Receipt Amount '.0 Property Appraiser Mao Paid 11/12/2015 22522.09 5,063.22 0 Owner Information Legal Description Pay Terms School -Local Current Year Installment Payments 1080 CENTRAL LLC NAPLES MANOR ADD BLK 1 LOTS 1, November'.5,063.22 0 0.00 0.00 145 CENTRAL AVE 2 AND NLY 48.5FT LOT 3, AND December 5,115.96 0 0.00 0.00 ''0 LOTS 11 & 12 OF NAPLES MANOR January .5,168.71 0 0.00 0.00 Assessed Value ANNEX BLK 1 (PB 1 PG 110), AND February 5,221.45 0 0.00 0.00 '.0 See Taxroll March 5,274.19 402.03 Acreage 2.44 .Continued Water Mgmnt Next year Installment Payments NAPLES, FL 34102-0000 April 0.00 0 0.00 0.00 _. May 0.00 0 '0.00 '...0.00.. Now Due 0.00 Values/Reductions/Exemptions Tax Information Market Value 444,678 Rate Assessed Exempt Taxable Tax Amount County 3.5938 444,678 '0 444,678 1,598.08 Mill Code 108 Save Our Homes 0 School -State 3.2320 444,678 '.0 444,678 1,437.20 Escrow Code 0 10 Percent Cap '.0 School -Local 2.2480 444,678 ',0 444,678 999.64 TDA Number 0 Agriculture 0 City 0.0000 0 ''0 0 0.00 Item Number 0 Assessed Value 444,678 Dependent 0.9041 444,678 '.0 444,678 402.03 Acreage 2.44 Water Mgmnt 0.2888 444,678 0 444,678 128.42 Homestead 0 Independent 1.5940 444,678 0 444,678 708.82 Status Senior '0 Voter Apr Dbt P 0.0000 0 0 0 0.00 Installment Widow '.0 Millage Total 11.8607 Total Ad Valorem 5,274.19 Partial Pay Blind 0 Non Ad Valorems Bankrupt Disabled '.0 Number District Type Amount Deferred Veteran 0 Litigation Whole 0 Civilian '0 Gross Tax 5,274.19 Taxable Value '444,678 PA Fee 0.00 Advertising 0.00 Certificate Information Previous Tax Years New Search 2015 Collier County Notice of Ad Valorem Taxes and Non -Ad Valorem Assessments If Paid By Nov 30, 2015 1 Dec 31, 2015 1 Jan 31, 2016 Feb 29, 2016 Mar 31, 2016 Please Pay 5,063.22 5,115.96 5,168.71 5,221.45 5,274.19 Parcel Number Legal Description Mill Code Escrow Code 62090040005 NAPLES MANOR ADD BLK 1 LOTS 1, 2 AND NLY 48.51FT LOT 3, AND 108 0 LOTS 11 & 12 OF NAPLES MANOR ANNEX BLK 1 (PB 1 PG 110), AND Pay in U.S. Funds Drawn on a U.S. Bank To: Collier County Tax Collector 1080 CENTRAL LLC 3291 E. Tamiami Tr. 145 CENTRAL AVE Naples, FL 34112-5758 NAPLES, FL 34102-0000 POST DATED CHECKS ARE NOT ACCEPTED AND WILL BE RETURNED Visit our website www.colliertax.com Market Value Authority Type Mill Rate Assessed Value Exempt Taxable Value Tax Amt Amount 444,678 County 3.5938 444,678 0 444,678 1,598.0 School -State 3.2320 444,678 444,678 1,437.2 School -Local 2.2480 444,678 444,678 999.6 Exemption Amount Dependent 0.9041 444,678 444,678 402.03 Water Mgmnt. 0.2888 444,678 444,678 128.4 Independent Spcl. 1.5940 444,678 444,678 708.8 Millage Total 11.8607 Total Ad Valorem 5,274.1 Non -Ad Valorem District Type of Assessment Amount Non -Ad Valorem Total 0.0 Ad Valorem and Non -Ad Valorem Total 5,274.1 Combined (Detach and Return with your Payment) 2015 Collier County Notice of Ad Valorem Taxes and Non -Ad Valorem Assessments If Paid By I Nov 30, 2015 1 Dec 31, 2015 1 Jan 31, 2016 1 Feb 29, 2016 1 Mar 31, 2016 Please Pay 1 5,063.22 1 5,115.9E rcel Number Mill Code Escrow Code 108 aaal Description APLES MANOR ADD BLK 1 LOTS 1, AND NLY 48.5FT LOT 3, AND QTS 11 & 12 OF NAPLES MANOR NNEX BLK 1 (PB 1 PG 110), AND 168.71 1 5.221.45 1 5,274.19 1080 CENTRAL LLC 145 CENTRAL AVE NAPLES, FL 34102-0000 PAID - 11/12/2015 5,063.22 REC # 22522.09 • • 0 0 0 0 0 Z SECTION: 29 TOWNSHIP: 50S RANGE: 26E FOLIO NUMBERS: I 62090040005: 11201 Tamiami Tr. E RATTLESNAKE HAMMOCK ROAD (C.R.864) Location Map Scale: 1 inch = 4000 feet 0 ft. 4000 ft. 8000 ft. 12,000 ft. 16,000 ft. Enlarged View Scale: Not to Scale PROJECT LOCATION PROJECT LOCATION �i9AA C) F9 s� Location Map Scale: 1 inch = 4000 feet 0 ft. 4000 ft. 8000 ft. 12,000 ft. 16,000 ft. Enlarged View Scale: Not to Scale PROJECT LOCATION GRAPHIC SCALE (Q�1 TO Nc DE -0 INSURANCE CONPMY -6 NI — STANOMO OFTAIL REWIRELENR Fm ALTAMSPS ANO TRE $UR M J y ES!ABLISNED ANO A99R1E 9E KTA AAOMFPFOF.1 MFNELOWONKI�WAS(NLOMGtEARD ONINE ]O16E �=EAST South Florida Surveying Inc. " - — mx 80__242123,1Stme..4.W. x.y4•A.FI-iau 34117 _ SELF STORAGE CU ""A"""* A" PIT.— (23 9) 348-1169 Cu — afcrnc(4.vnu`hJtnrirGsurvevinR cnm hrry�//wvw.courhAnridaYurveyinr.cam susrrr rrn, ��L— n"�m'"`�"'—�—'""' cbRnNCAre oc A�noulu-9v "e1ez.`- BOUNDARY SURVEY " ''' ° �'la,,:� '"0A"� "•` s►c "O,; �.r enn rw "w' sun_ w 0 0 0 0 0 0 �----------------------- ZONING DISTRICT: RSF-4 / LAND USE: SINGLE FAMILY HOMES I �i IZONING DISTRICT: RSF-4 / LAND USE: SINGLE FAMILY HOMES " s w 4 ----- -� ------- ---- -------- -J z `-------- ---------- wo LANDSCAPE GROUND COVER OI FLORIDAN AVENUE FT R/W) �4$c STABILIZED v (60 a s EMERGENCY ACCESS ONLY" ° Q ABUTTING ZONING DISTRICT: C-4 / LAND USE: ROW 531 FT �l•�^�^��^�^�� 15 FT. TYPE "8" BUFFER 15FT.TYPE"B"BUFFER——M....zX. W. TL 25 FT. BUILDING SETBACK — � w wf2+ 'yp NO I -- �a aO# Lio UH z� �Lwiow� ~� j LANDSCAPED I I THREE-STORY �: - <a a� g0owo a aw g ENHANCED a/> Z m% SELF -STORAGE w > W= o 0' W DRY LL I I ARCHITECTURAL DESIGN STANDARDS 0 �LL r~� w z a w N%� STORM COMPLIANT a l m W rn o j Z j m WATER N 0.u� LL�o�aa% MANAGMENT a PARKING LOT I I BUILDING PERMITTED BY CONDITIONAL USE #24 OF THE a~ j a LL o r o° Z ° s p ? m �� AREA �' Q F�F cwi O U) =g 2� m� Z �/ I a g ` j x /� C-4 GENERAL COMMERCIAL ZONING DISTRICT Lm W j o] O W N Z Z LL W P a® LU 1 40, J Zs p a b' v0 ¢o I ¢U ,`n� d Z c 25 FT. BUILDING SETBACK — . r — — — — — — — — — — — — — — — — — — — — — — — — -- — — — — — — — — — �. LL W .. _ 15 FT. TYPE "D"BUFFER _.= �: NON-EXCLUSIVE LINEAR R/WW 40' COUNTY DRAINAGE . +.' - EASEMENT; * . . . . . . . . . 15 FT. TYPE "D" BUFFER ¢ ' � � 531 FT ABUTTING ZONING DISTRICT: C-4 a FRONTAGE ==ET DRAINAGE PIPED BELOW GRADE AS PERMITTED1 LAND USE: 200 FT/ ROW - US 41 E w Y MENT WIDTH VARIES 5 FT. AND 11 FT. FROM F R/W; BUFFER REQUIRED TREES AND DITCH DITCH m SHRUBS ARE PROHIBITED FROM 0 $ BEING LOCATED WITHIN DRAINAGE d W EASEMENT; EXISTING GRADE MUST BE MAINTAINED AT EASTERN EDGE of w OF DRAINAGE EASEMENT Z rc Uag i F a U.S. 41 EAST (TAMIAMI TRAIL) LEGEND (L < F 200' RIGHT OF WAY LANDSCAPE D DUMPSTER BUFFERS L LOADING SPACE I j w y ° g ym w s CONCEPTUAL SITE PLAN z oa PRESERVE Z $ QZ� GRAPHIC SCALE. J a OFT 50 FT 100 FT 150 FT GROUND COVER ° STABILIZED EMERGENCY ONLY DRIVEWAY SEE SHEET 2 FOR NOTES NOTES: 1. 2.44 ACRE PARCEL (200 FT X 531 FT = 106,200 SF) 2. PRESERVE REQUIREMENT MAY BE MITIGATED OFF-SITE CONSISTENT WITH THE PROVISIONS WITHIN THE LDC. 10% PRESERVE REQUIREMENT OF NATIVE VEGETATION (85,925 SF) = 175 LF X 49.1 FT = 8,592.5 SF PROVIDED. (NATIVE VEGETATION AREA SQUARE FOOTAGE UTILIZED IN CALCULATION EXCLUDES: 40 FT X 175 FT DRAINAGE EASEMENT AND 25 FT X 531 FT FPL EASEMENT AREAS) 3. TURN LANE SHALL BE PROVIDED IF REQUESTED BY COUNTY AND / OR FDOT. 4. 30 FT BUILDING HEIGHT (FLAT ROOF) DEPICTED / 35 FT MAXIMUM PROPOSED; 75 FT PERMITTED BY ZONING; 42.1+/- FT TOP OF ARCHITECTURAL FEATURES AT BUILDING CORNERS; MAY BE ADJUSTED AT SUBSEQUENT SDP APPLICATION PROVIDED CONSISTENT WITH LDC STANDARDS. 5. AVERAGE BUILDING SETBACK DEPICTED FROM US 41 AND FLORIDAN AVE IS 30 FT (25 FT MINIMUM). 6. REQUIRED LANDSCAPE BUFFER TREES AND SHRUBS SHALL BE LOCATED OUTSIDE OF FRONTAGE DRAINAGE EASEMENT WITHIN LANDSCAPED SETBACK AREA AVERAGING 30 FT TO BUILDING. 7. 92,000 SF BUILDING AREA PROPOSED FOR APPROVAL; 150 FT MAXIMUM BUILDING WIDTH; 140 FT AVERAGE WIDTH DEPICTED 8. DEVELOPMENT LIMITED TO SINGLE ACCESS DRIVEWAY FROM US 41 EAST 0 0 0 w 0 cncn U - w w r w o W w o a z z 0 w 02 O y O Nw x Z d F- C Q 9N9 a3 3 IL w LU o pw w w� 0 a Z ° 4 Z o 2 of 2 0 0 0 ABUTTING ZONING DISTRICT: RSF4 LAND USE: SINGLE FAMILY HOMES ala L_.—._.—_ _ _ _—.—_—_—.—.—__. _ _ ABUTTING ZONING DISTRICT: C4 o D FLORIDAN AVENUE LAND USE: ROW FLORIDAN AVENUE 60' RIGHT OF WAY 'EMERGENCY ACCESS DNLY• OF PAVEMENT SEE LANDSCAPE PLAN NON-EXCLUSIVE LINEAR COUNTY o o e ° REQUIRED LDC LANDSCAPE a BUFFER: 15' WIDE TYPE B ° o d Q e REQUIRED LDC LANDSCAPE °' NON-EXCLUSIVE LINEAR COUNTY o ° REQUIRED LDC LANDSCAPE a BUFFER: 15' WIDE TYPE B ° o d Q e REQUIRED LDC LANDSCAPE °' DITCH 7m U I p L PROHIBITED FORM BEING LOCATED WITHIN ze cnO BUFFER: 15' WIDE TYPE B a �O� NU(A DRAINAGE EASEMENT, I.> prc -w u W LL �. a. W u W u u u W W W LL y u LL W u u W u u Z■■■■■ w a¢ ¢ U.S. 41 EAST (TAMIAMI TRAIL) mwalQ QW [L - z>Q oo• NUFO F- N 3 w w gad zw3LL -_ w§� m Cl Z Lu r — — -- — — --- --- -'- — --- a e u■ H a p� oiW`n 0- z N EM LL ::' . ty PROVISIONS WITHIN THE LDC. CU SITE PLAN (1 of 2 sheets) SUPPORT EXHIBIT , 4 1" = 2D' z W g3 LL90 ..'.: _ _ r ¢ a '....-... a zR'O t0' to' W w W Q' g yy f REFUSE CONI INME T& C O y~j j z o Vl - RECYCLING C LLEC ON LL W m F ZQ,waw �o; 6. CENTER; SPLAN RCHI ECT 'S 1z RSp. PARKING N>O y W m .'.'.'.' _ _ Z ? LL 3 y y .•.'.'.' .' PREs[avE .' DRY DETENTION AREA PARKING i THREE (3) STORIES OF STORAGE +� p p - } m Z ¢3 s¢' 220' 10' 10' w L4R.1' 12.0' - - a0' _ ii / tt6v c 12' 4� 24'� OFFICE ______ ____VIIIIIIII / 777 R25' -� _____. / 1 R�T%IN�O �vF;GE� AS10�J � _ � _ _ _____0 _ _ u u ` ¢ . REQUIRED LDC LANDSCAPE BIKE RACK a0' j N REQUIRED LDC LANDSCAPE BUFFER: 15' WIDE TYPE D AINAG EASEMENT EASEMENT 22' i6' 6' RAISED BUFFER: 15' W IDE TYPE D SIDEWALK NON-EXCLUSIVE LINEAR COUNTY o a rc � o d Q DITCH 7m U I p L PROHIBITED FORM BEING LOCATED WITHIN ze ° eFza a �O� NU(A DRAINAGE EASEMENT, qw Um O n f N U A �4p5 U.S. 41 EAST (TAMIAMI TRAIL) mwalQ QW [L z>Q oo• NUFO F- N A a5 $ zw3LL J w§� m Cl Z Lu day® m Q5 N a e PRESERVE REQUIREMENT MAY BE Lu J oiW`n 0- z =_ ty PROVISIONS WITHIN THE LDC. NON-EXCLUSIVE LINEAR COUNTY FRONTAGE DRAINAGE EASEMENT; DITCH WIDTH VARIES 5 FT AND 11 FT FROM R/W; DITCH A BUFFER REQUIRED TREES AND SHURBS RE I p PROHIBITED FORM BEING LOCATED WITHIN DRAINAGE EASEMENT. EXISTING GRADE MUST BE MAINTAINED AT EASTERN EDGE OF a DRAINAGE EASEMENT, e n A ------ 50.0- ------ U.S. 41 EAST (TAMIAMI TRAIL) -` 200' RIGHT OF WAY 240'+/- TURN LANE IF REQUIRED BY COUNTY DR FOOT ABUTTING ZONING DISTRICT: C4 SPECIAL NOTE: LAND USE: ROW PRESERVE REQUIREMENT MAY BE MITIGATED CONSISTENT WITH THE ty PROVISIONS WITHIN THE LDC. CU SITE PLAN (1 of 2 sheets) SUPPORT EXHIBIT , 4 1" = 2D' Ctu a UNiy+ � 2 , j B _IDR W 00 R, h d O LAND USE & COMPLIANCE TABLES LEGEND 8 � COLLIER COUNTY LAND DEVELOPMENT CODE COMPLIANCE DATA LAECAPE E m LAND USE SQUARE FEET ACREAGE OF SITE STANDARD REQUIREMENT PROVIDED COMMENT "" BUFFER _ BUILDING If RST FLOOR) ZONING DISTRICT G AS FURTHER RESTRICTED BY ORDINANCE OFFICE 900 0.02 O21% N0. 9243. MAXIMUM NUMBER OF STORIES INTERIOR R =(3)STORIES STORAGE 19.352 0,6] 246% OEVELOPMENT INTENSITY 90,9]2 SF LANDSCAPE PAVEMENT 14,352 0.33 135% 4 SIDEWALKS / CONCRETE PADS / CURB LANG USE Cd • • • • • • • • BUILDING FOUNDATION FT TION d 1.14] p,05 1p% OFFICE 900 SF ON FIRST FLOOR ONLY •••••••• SELF STORAGE 80,0]2 SF REQUIRE $ CONDITIONAL USE APPROVAL • • • • • • • • LANDSCAPE t0 FT WIDTIR MN. """" >1S% MIN. OF BUILDING FIRST FL. FIRE ACCESS DRNEWAY 605 001 0.6% 30.2525E -FIRST FLOOR •••••••• SUBTOTALIMPFRNOUS30.380 $F-TH THIRD FLOFLOOORL_j BUILDING O O 4),356 1.09 ".6%SO SW SF � STORAGE AREA PERIMETER BUFFER15,J1fi 0.]6 10.8% MINIMUM LOT AREA 10000 SF 108.200 SF (THREE FLOORS) U OJ MINIMUM LOT WIDTH 100 FT 531 LF )DRY WATER MANAGEMENt (ELEV. 2') 11,641 0.19 11.9% MINIMUM YARDS (BUILDING) BUILDING AREA a rZr DRY WATERMANAGEMENT (EL EV. 2'6'1 6,695 0.15 6.3% FRONT(US4IEAST) 25FT 25FT MIN. NT5OFFICE < FRONT(FLORIDAN AVENUE) 251 25 FT MIN (FIRST FLOOR ONLY) INTERIOR LANDSCAPING 2,3]2 0.05 21% SIDE (SOUTHEAST) 15 FT 20 FT. GREATER OF %BUILDING HEIGHT OF 30 BURDNG fWNDATION LANOSUPING 43% FT OR 15 FT MIN. 0: d,S3 0.f0 SIDE (NORTHWEST) 15 FT 281 FT. GREATER OF %BUILOING HEIGW OF 30 Qx ORTH SPA R MANNSTALL T ON W WATER MANAGEMEM PEDESTRIAN PATH FT OR 15 FT MIN � 9]I 002 0.9% WITH gPARTINA INSTALLATION �O� WATER MANAGEMENT BENCH AREA 43) 001 OA% MINIMUM YARDS (SIGNAGE) SIGNAGE WILL BE DETERMINED AT TIME OF p 0 O 11 O RETAINED EXISTING VEGETATION 8,593 0.20 SS% SIGN PERMIT, CODE =15 FT SETBACK iPFOj C PRESERVE/MAY BE MRIGATED DRYWAMIRMANAGEMENTAREA !— $ ( ) MINIMUM OPEN SPACE 30% 55% SLOPED TRANSITION 2 I/1 U N PA OTHER LANDSCAPED AREA 6,BB0 016 6S% MAXIMUM BLDG. HEIGHT ]5 FT 30.0 FT `ZONED HEIGHT' — -- _UPLAND SUBTOTAL PLRVIWS(OPEN SPAC11 _5818" 1.35 554% ACTUAL BUiLDINGHEIGHT 42,1 FT INCLUDING ARCHITECTURAL FEATURES PRESERVE GRANDTOTALI III06 . AREA 1,2. 2." 100% MAX. NUMBER OF STORIES 3 3 LEI10%OF NON DRIIINAOE) FPL EASEMENT SIZE AREAS W VEHICULAR PARKING C7 SPACES REQUIRED CALCULATIONS USE GROSS SQUARE FEET RETAINED VEGETATION L>QLJ LESS PERIMETER WALL WIDTH ENCUMBERED BY FPL EASEMENT OFFICE 9001300 3 (1 PER 300 SF REQ'0) O 8 STORAGE 88.267/20.000 5 11 PER 20000 Sf REOD) TOTAL 8REQO I PROVIDED INCLUDES ONE(1) REQUIRED ADA SPACE OTHER UNDSCAPED AREA ¢a BICYCLE PARKING REQUIRED > OF 5%NON REQUIREDOR 2 2 PROVIDED J K LSAD G ELLF STORAGE i OFFICE 89,187 SF 120.(100 5 REO'D I PROVIDED 10 FT A 20 FT, 4 PARALLEL SPACES HAVE 6 TREWS VINE PUNTING W FT WI DE LOADING AISLE - FRONT AND BACK, AREA (8); SEE ARCH. BUILDING PLAN •]j W€€ SINGULAR SPACE INCLUDES 2FT OVERHANG ENTRY DOOR SETBACK FROM PAVEMENT EMERGENCY W ¢ wR OFFICE 15 FT MIN, 15 FT MIN. ACCESS J O DRIVEWAY Q SITE CIRCULATION 25FT INSIDE RADIUS 25FT INSIDE RADIUS FOR FIRE TRUCKS Z 49 FT OUTSIDE RADII SO FT OUTSIDE RADII S FT X 200 FT WATER MANAGEMENT RIGHT -0F -WAY SIDEWALKS PERIMETER WALK (� US 41 EAST EXISTING 4= FLORIDAN AVENUE EXISTING AREA TURN LANE DEPICTED .. ...... IF REQUIRED BY COUNTY OR FOOT AT SOP //��/��% 200SF BENCH AAREA A $W ALONG WATER PEDESTRIAN SIDEWALK // // MANAGEMENT AREA TO R. 2 REO'D 3 PROVIDED ONE EACH TO US 41 EAST 8 FLORIDAN AV. PRESERVATION REO'D 10%OF 85.925 SF 8.593 SF PROVIDED AT WESTERN END OF PARCEL TO PROVIDE (OF NET VEGETATED) OPPORTUNITY TO MATCH PARCEL TO WEST Q EXCLUDES ACREAGE OF SITE, OWNER RETAINS OPPORTUNITY W ENCUMBERED BV DE TO MITIGATE PRESERVE REQUIREMENT NEW COfFRETE PAVEMENT F LITS Lf X 40 FT NET) 6 FPL CONSISTENT WITH APPLICABLE LDC PEDESTRUIN 8IOEN4LLIB OR RATA; EASEMEN T(25 FT X 531 LF) PROVISIONS PAVERS OR STAMPED CONCRETE m M11Y SIBSTIME FOR CONCRETE SPECIAL NOTE SITE PIAN MAYBE MODIFIED AT SUBSEQUENT SDP ATIONISI PROVIDED IT REMAINS CONSISTENT WITH BIKE RACK a w DESIGN CONCEPT AND PROVIDED IT MEETS APPLICABLE LDC PROVISIONSSIONS . 3 8 TYPICAL 1 TOTAL CL w EFTA FT. 8 F � 2 O me Z11.1-.-EES—ACK FROM UG I� LKiNT POLE (DEFCIED) M ` Z 11 FT MAX. HEIGHT 8 AND SHALL M 99 BE SHIELDED FROM U3HT SPILL Z U w 3 OVER ACROSS PROPERTY LINE L3333j , CURVILINEAR DESIGN MODULE FOR DRY WATER O Q O aD a p MANAGEMENT AREAS OF 12 FT MIN. WIDTH ; LLJ o W N! Z Y CLRMUNEARDESIGNMODULE FORDRYWATER Z �u MANAGEMENT AREAS OF 12 FT MIN. WIDTH Z O g OS NUMBER OF PARKING SPACES a TRAFFIC FLOW ARROW • BOLLARDS s 2 of 2 0 0 0 NON-E%CLUSIVE LINEAR COUNTY FRONTAGE DRAINAGE EASEMENT; WIDTH VARIES 5 FT AND 11 FT FROM R/W; A BUFFER REQUIRED TREES AND SHURBS RE PROHIBITED FORM BEING LOCATED 'MTHIN DRAINAGE EASEMENT. EIISTING GRADE MUST BE MAINTAINED AT EASTERN EDGE OF U.S. 41 (TAMIAMI TRAIL) SPECIAL NOTE: Qy PRESERVE REQUIREMENT MAY BE MITIGATED CONSISTENT WITH THE PROVISIONS WITHIN THE LDC. CONCEPTUAL LANDSCAPE PLAN CU SUPPORT EXHIBIT (1 of LANDSCAPE PLAN CU SUPPORT EXHIBIT (1 of 3) I" = 20' T 1 of 3 LDC LANDSCAPE COMPLIANCE TABLE TO CONCEPTUAL SITE PLAN: SUBJECT TO ADJUSTMENT FOR SITE DEVELOPMENT PLAN (SDP) LEGEND LANDSCAPE BUFFERS PROP. LAND BUFFER LENGTH TREE HEDGE COMMENT -F1DSCAFE LINE USE (TYPE SPACING/# SPACING /# BUFFER N 60' RNV FLORIDAN AVENUE 15 FT. B 457 LF 25 FT. 18 4' 114 SHRUBS HEDGE 80% OPAQUE & 6 FT WITHIN INTERIOR 1 YR: 5 FT AT INSTALLATION; ...... 10 GAL., 3 FT SPREAD E C-4 CONVENIENCE STORE BUILDING FOUNDATION WITH GAS PUMPS 10 FT. A 170 LF 30 FT. 6 NA uxoscAFE 10 FT WIDTH Mx. 16% MIN. OF BUILDING FIRST FL. S 200' RNV US 41 EAST 15 FT. D 457 LF 30 FT. 15 3' 305 SHRUBS INSTALLED AS DOUBLE HEDGE BUILDING ROW; 2 FT. AT INSTALLATION & STORAGE AREA (THREE FLOORS) 3 FT WITHIN 1 YR BUILDINGAREA W C-4 VACANT 10 FT. A 170 LF NA. NA NA SATISFIED BY 49.1 FT X 175 FT OFFICE PRESERVE (FIRST FLOOR ONLY) TOTAL 41 TREES 412 SHRUBS 42 TREES +412 SHRUBS PROVIDED DRY ENT A WITH PAARRTINA NSTALLATIONEA NOTES: DRY WATER MANAGEMENTAREA SLOPED TRANSITION 1. ALL BUFFER TREES SHALL HAVE MINIMUM OF 10' HEIGHT, 1.75' CALIPER, 4' SPREAD AT INSTALLATION, UPLAND PRESERVE 2. GENERAL COMMERCIAL TREE REQUIREMENT: 1 PER 3000 SF OF PERVIOUS = .'.'.'.'.' 1oxoF NON DRAINAGE TEFL 106,200 LESS PRESERVE (8,593) LESS IMPERVIOUS (47,356) / 3000 = 58,844 / 3000 = 20 TREES (MINIMUM) < PROVIDED TREES EASEMENT SITE AREAS 3. NORTH PROPERTY LINE (FLORIDAN AVENUE) REQUIRES LDC TYPE B BUFFER PER ZONING ATLAS REFERENCED DEVELOPMENT RETAIN W VEGETATION ' ' ENCUMBEREDBYFPLEASEMEM STANDARD: ORDINANCE NO.92-43. OTHER LANDSCAPED AREA _ NON REQUIRED ® TRELLIS NNE PLANING AREA (8); SEE ARCH. BUILDING PLAN EMERGENCY ACCESS INTERIOR LANDSCAPING: ORWEWAY PAVEMENT INTERIOR # TREES REQ'D COMMENT 6FT1200 FT LANDSCAPE REQ'D AREAS 1 PER 250 WATER MANAGEMENT PERIMETER WALK 14,628 SF 10%= 1,463 SF 3 6 REQ'D/ PROV'D 1,463 SF PROVIDED & BENCX AIRF UALONG WATER ADDITIONAL 909 SF NOT REQ'D MANAGEMENT AREA NOTES: 71 1. ALL INTERIOR LANDSCAPE TREES SHALL HAVE 14'-16' HEIGHT, 3"-4" CALIPER, 6'-8' SPREAD, 6' CLEAR TRUNK. 2. FIRST ROW OF LANDSCAPED ISLANDS CLOSEST TO BUILDINGS SHALL HAVE TREES W/7' CLEAR TRUNK, SHRUBS AND rt" c°"D`�TE GROUND COVER. F�-GSR STAMFED ' 3. MINIMUM REQUIRED BY 1:250 REQUIREMENT OF 6 IS GREATER THAN 1 PER AREA (3). MAYSIssnnnEFORCorGRETE BIKE RACK ® 2BIKES TYPICAL I TOTAL BUILDING FOUNDATION PLANTINGS REQUIRED BY ARCHITECTURAL DESIGN STANDARDS OPTION: 15% OF FOOTPRINT. 6FT. a FT BUILDING FOOTPRINT 30,252 SF x 15%= 4,538 SF REQUIRED / PROVIDED.12.6 FT. TREE SETBACK FROM I'I LIGHT POLE (MI -TED) 3 26 FT MAX. HEIGHT d AND SHALL 8 FT MIN. PLANTING AREA FOR TREES; MINIMUM PLANTING AREA PROVIDED: 10 FT WIDTH. BE SHIELDED FROM LIGHT SNLL- OVER ACROSS PROPERTY LINE 14 TREES AND PALMS AT INSTALLATION; MINIMUM PLANTING BED OF 10 FT WIDTH; TRESS AND PALMS REQUIRED AT 1 PER 400 SF CURVILINEAR DESIGN MODULE FOR DRY WATERMANAGEMENT AREAS OF 12 FT MIN. MOTH OF AREA WITH BALANCE AREA IN SHRUBS AND GROUND COVER AND ORNAMENTAL GRASSES; 4,538 SF/ 400 = 11 REQUIRED/ 50' PROVIDED TREES AND/OR PALMS. SIGNAGE } PLANTING AREA: 100 SF REQ'D / PROVIDED SHADE TREE PROVIDED: 4 REQ'D / PROVIDED 1 PER 50 LF = 200 / 50 = 4 2 of 3 PRELIMINARY LANDSCAPING INSTALLATION LIST SYMBOL# COMMONNAME NAME SPECIFICATION DROUGHT/COLD Q SPANISH STOPPER y SIGN REQUIREMENT LANDSCAPING Jp 0 C O �[ FAKAHATCHEEOM55 TOLERANT INTERIOR AREA TREES (4 +6/3 = 6) AND SHRUBS (247) dU J SP 6' SABAL PALM SABAL PALMETTO 14' -18' CT BOOTED/UNBOOTED. HUR. CUT (MIXED SIZES YES /YES QV 4• LIVE OAK QUERCUS VIRGINIANA 14' -16: 3"- 4' CALIPER; 6'- & SPREAD: 6' CT; 45 GALLON YES /YES CI 158• COCOPLUM CHRYSOBALANUS ICACCO'RED TIP' 24' X 18': 3 GALLON; 3' O.C. YM IX 10 IXORA IXORA SPP'NOROA GRANT O. 24'X 18': 3 GALLON; 3' C. YES / YES SB 40 CORD GRASS SPARTINA BAERII 16'X 12', 3 GAL FM 36 GREEN ISLAND FICUS FICUS MACROPHYLL 3 GAL.. FULL, 3' O.C. a u y Q FIREBUSH L tI LANDSCAPING 'GREEN ISLAND' G MYRSINE YM AP 3 RED GINGER ALPINIA ZERUMBET 36'X 24' MIN., 7 GAL. 4' O.C. BUFFER SHRUBS =412 ® CROWN OF THORNS RP 139' MYRSINE RAPANEA PUNCTATA 24' X 18'. 3 GAL, 3' O.C. YES /YEP HP 139' FIREBUSH HAMALIA PATENS 24' X 18': 3 GAL. 3' O C. YES / YES EF 114' SPANISH STOPPER EUGENIA FOETIDA 24'X 18', 3 GAL. 3'0 C. YES /YES FM 20 GREEN ISLAND FICUS FICUS MACROPHYLL 3 GAL, FULL, TO C gABALPALM SYM NON LANDSCAPING ZO:S Q S{Y- JA 'GREEN ISLAND' BUFFER TREES a 39 SYM SYMBOL Z F RE 3- FLORIDA ROYAL PALM ROYESTONIA ELATA 14', 3' GRAY WOOD. FIELD GROWN. MATCHED; ROBUST YES /YES QV 30' LIVE OAK QUERCUS VIRGINIANA 12' - 14': TMIPER; 6' SPREAD, 6' CT: 45 GALLON YES /YES KE 6 GOLDEN RAIN KOFLRFUTFRIA FLFGANS 12-14' 2% .3'CALIPER: 6' SPREAD 45 GALLION BUILDING FOUNDATION TREES (8+ 9/3 = 11) AND SHRUBS (514) AP 20 RED GINGER ALPINIA ZERUMBET 36' X 24' MIN., 7 GAL WOG VA 97 AWABUKI VIBURNUM V. ODORATISSIUMUM'AWABUKI' 36- X 24' MIN. 7 GAL, 4' O.C. SB 339' CORD GRASS SPARTINA BAERII 16- X 12', 3 GAL O FM 58 GREEN ISLAND FICUS FICUS MACROPHYLL 3 GAL., FULL, 3' O.C. SITE DISTANCE TRIANGLE ,6 Y F Z w E $ rn GOLDEN RAINTREE L 'GREEN ISLAND' r ~ ¢g N aw RE 3- FLORIDA ROYAL PALM ROYESTONIA ELATA 14', Y GRAY WOOD. FIELD GROWN, MATCHED: ROBUST YES /YES SS 5 CASSIA TREE SENNA SURATTENSIS 6' - 8' STD. 4' SPREAD, 25 GALLON E SP 9' SABAL PALM SABAL PALMETTO 14' -18' CT; BOOTED/UNBOOTED. HUR. CUT /MIXED SIZES YES /YES EMERGENCY ACCESS GROUND COVER (NON CODE REQUIRED) LM 209 IMPROVED LIRIOPE L. MUSCARII'EMERALD GODDESS' 12'X 12', 2 GAL. SIGN SIGN VISIBILITY TRIANGLE v Z a WATER MANAGEMENT PLANTINGS 08 TREES. 320 SHRUBS, 2298 GROUND COVER) -NON CODE REQUIRED TA 4' POND CYPRESS TAXODIUM ASCENDENS 10', FULL. 30 GALLON MINIMUM TA i4• POND CYPRESS TAXODIUM ASCENDENS 6, FULL, 15 GALLON MINIMUM SB 2298' CORD GRASS SPARTINA BAERII 12 HT, 2' LINER FG 320' FAKAHATCHEE GRASS TRIPSACUM DACYPLOIDES 14'X 14'3 GAL. 3 O.C. OTHER PLANTINGS (NON -CODE) JI 28 PERIGRINA JATROPHA INTEGRENA 6'-8' STD. 25 GAL, VA 5 AWABUKI VIBURNUM V. ODORATISSIUMUM'AWABUKI' 36' X 24' MIN. 7 GAL, 4'0.0 • •DENOTES THAT A TREE, SHRUB OR GROUND COVER IS A NATIVE. • REQUIRED TREE SPECIES MIX'. 5 SPECIES REQUIRED - 6 PROVIDED • REOUIRED NATIVE TREE REQUIREMENT.75%, 47 OF 60 OF REQUIRED TREES PROVIDED ARE NATIVE OR 78% (3 SABAL PALM = i REG'D NATIVE TREE) • REQUIRED NATIVE SHRUB REQUIREMENT35%: 889 OF 1173 OF REQUIRED SHRUBS PROVIDED ARE NATIVE OR 75% EXCLUSIVE OF ADDITIONAL NONCODE REQUIRED SHRUBS. THIS SITE IS LOCATED IN THE MID-ZONE (MZ). SOD (CONTRACTOR TO PROVIDE ALLOWANCE & PROVIDE CONFIRMATION OF ACTUAL INSTALLATION QUANTITIES) ALL DISTURBED AREAS WILL RECEIVE SOD. APPROXIMATELY 7,200 SF OF FLORATAM APPROXIMATELY 11,200 SF BAHIA SHALL BE UTILIZED IN ALL FOR USE IN PUBLIC RIGHT-OF-WAY AND LIMITED AREAS ONSITE AS NOTED. APPROXIMATELY 265 G.Y. OF ORGANIC MULCH REQUIRED. FLORA MULCH RECOMMENDED. THERE SHALL BE NO MORE THAN 66.25 CUBIC YARDS OF CYPRESS MULCH (265 X 25%) EACH TREE SHALL HAVE A MINIMUM OF 24" MULCH RING 2.5' DEEP AFTER WATERING IN. WATER MANAGEMENT AREAS RECEIVING SPARTINA LINERS SHALL BE COMPLETED WITH PINE STRAW MULCH. SPECIAL NOTES. 1. NO TREE CREDITS FROM RETAINED PRESERVATION REQUESTED/PROPOSED. 2. OWNER MAY ELECT, SUBSEQUENT TO DEVELOPMENT ORDER APPROVALS, TO MITIGATE PRESERVE REQUIREMENT PER THE PROVISIONS OF THE LDC FOR SMALL LOTS AND SMALL PRESERVES. 3. THIS LIST IS A PRELIMINARY LIST AND MAY CHANGE IN SUBSEQUENT DEVELOPMENT ORDER APPLICATIONS PROVIDED IT REMAINS CONSISTENT WITH APPLICABLE LDC PROVISIONS. LEGEND URI ® AWABUKI YM SIGN Q SPANISH STOPPER y SIGN REQUIREMENT LANDSCAPING Jp 0 C O �[ FAKAHATCHEEOM55 dU J YM IVLA INTERIOR LANDSCAPING AREA O 2 CORD GRASS 2" LINERS VEHICULAR PAVEMENT w y n F- <Z< ® IXORA J 7 2 YM ]aW Q COCOPLUM INT INTERIOR LANDSCAPING AREA TREE O� d K O LIRIOPE # TREE U O a L11 u O CORD GRASS yM00� SLOPE SLOP.... ILIZATION a u y Q FIREBUSH L tI LANDSCAPING G MYRSINE YM BUFFERLU BUFFER TREE LANDSCAPING Q GREEN ISLAND FICUS TREE ® CROWN OF THORNS Q YM BUFFER BUFFER SHRUB agyy$ ® RED GINGER L SHRUB LANDSCAPING Tn T LL C5�: TRE -5 NNE PLANING AREAS (8) J LU dF DO o � Fig gABALPALM SYM NON LANDSCAPING ZO:S Q S{Y- JA wz CL s CCL ASSIA TREEPLANT SYM SYMBOL Z F NUMBER TO BE INSTALLED Q PERIORINA E 4' MIN. REAR LIVE OAK FIRE XYDRANT REpUIRED CLEARANCES ].b' MIN. SIDE b FRONT w /,�M�� • 1 POND CYPRESS. LARGE 12.8 FT. TREE SETBACK FROM H Y%CAL) 1��8/f O 25 MAX.POI_ HEgHT b AND SHALL 26FTPOLE(HEIGHT BE SHIELDED FROM LIGHT SRL`- d ACROSS PROPERTY LINE s x Z 0OVER POND CYPRESS -SMALL O U SITE DISTANCE TRIANGLE ,6 Y F Z w E $ rn GOLDEN RAINTREE L ® ® r ~ ¢g N aw W 63 Ivy FLORIDAROYALPALM i d Z w j E Ld o� LLl uw5 g Z_ °� SIGN VISIBILITY TRIANGLE v Z a Z D g BFT BENCH TYPICAL(2) a 40 3of3 0 0 0 =-- -i- 11 .- ROOF PLAN BUILDING AREAS Floor Area. LDC (Sec. I.. D2 Delinitionsl M972 SF Fbor Area, LDC. Palking Only ISec. 4.0504.8.1) 89,187 SF 11`11-11 As— Bonding. FBC iDelinitions. Sec. 5021 89.523 SF Morn Areal Sq— Foltoge lmpocl Fees) 90,872 SF Oveall Calking dimension and arthdeKWml design (01 he building may Ce reflr ,1 In sabsegaent ad'nlnntF^e Casty SIaR re, 2 applkabl pt ided It rmNin complWnt wtth the wIU Me appliradeCdler County LDC Archttectuml Design Standards and lad p idw that it remain in generd dwratter Kh the —ephwl esgn cros d,e cl and app—ed through the Conditnal Use prxess. N�?k5. Llor�da FIRST FLOOR WD PRC Hrr EQUR E & PLANNING 9756HNEWE SWM NAPLES FLC IDA34102 PHI E: 1239133 1]092 WWW MHKAP.COM CONCRETE ROOF TILE FAGIF BEWa FIAT ROOF nig 1zB9 AaaowNFAD (neer BVIIDING EXTERIOR; BUILDING ACCENT: Sherv.1a.M— Sherwin Wlft t SW 1008 "AlabaA SW 1005 route Mfw ETI—W t WALL MOUNTED 11;MT: Spelbum tigmng Cdor: ";;Phil¢" DOORSM1VB100W5: Kamrt W. Bmme—M GA%: VFaan 0f1M Grm19 Primary Facade Design Features P�nary reale - Min -dedgn fm :[Sslion 5.05.08 D.2.b] Mukstwya -Y bukin9s-Gpbm 1: -w_. 20%—be gland. - A avaed Pubk by r th a mWm- roof as d 80 •qua¢ fee[ mtl m dl nxnslon less — 8 -feet. - Blmk Wd Arms: [Segbn 5.05.08 D.6] W6In— deep, l-1/2-"— als, W tl al maa8num IOfee[vagal aw 204M hmamtel . FwMadgi aim d mint 15%M 7— k+d bu3dag arm. AdhtimN Devon renxcs: . �a sbucbM anidetbrd dedk. (BmdaK) - em0_. W86rg bat. M'rdmum---. hgh x mnirru 2"'.je n -Sdar shamrg de�trs - faurdadm plaldig aim M m denim ]s%of Round lead budinq maa. FaadeA5211kghl Trm Elements [Sedlm 5.05.08 0.3.r1 Tanvtlonal dement kcapo hu m'N 60 atame¢leigth Trmvtbml inassirg elenents to Mede waE plane teens oe mimaan 10w trade L.no 2201E Wel—: 132IP(%%) t: N kale: 2,9215 E,4 ata 1,169 SP g&irg♦E%SF PWgb35z I,nS SF(B ^b) S tirade: 7,4217 14a 1,2615E gWng F 256 plmlagtreA6 =1,521 SF (20.4%) Building Facade Design Features kftng trade: ISemon 5.050 D,Sb] -Pad:edroofkmrs -TBe mof mMa.0d -Empaasi� Wking base 0"1.0 arthlechmel fmhaa (sNAlers) AdtlMo lDalgn FmWns: -.0220 Fo , over willows,(48%) 10%al fame¢MgU 2201FFaa :1 IFArm9g(4g%) -Blank WIN ANa:ISedbn 505.OB 0.67 ,Mm U2 -Y deep,t-1/2-kh wee mmis, sparesM madmw IWcet verbal all 2WN hadmMd. WEST ELEVATION • ►�� I!1�!II�!lI�1!II sII_�ll�l�l��l1011111111012No111 111011 �1■■■ ■■rl■rr■■� J ARCHF EQURE & PLANNING 9156MNEWEscwN wales FICRD 34M PH0,E:R3913311092 WWW WKAP. CO. SKn2 . � ■�� III■1! 1®1!■1111 1.1-I.�11.■01■.1�1moll ■�-■ ■�■ ■ ■ ■�■I■ 1.'��■ow aim ■■��■■moi■ MIS �■■� I , I I I fi �■�ill�I ME Mollurl g! WEST ELEVATION • ►�� I!1�!II�!lI�1!II sII_�ll�l�l��l1011111111012No111 111011 �1■■■ ■■rl■rr■■� J ARCHF EQURE & PLANNING 9156MNEWEscwN wales FICRD 34M PH0,E:R3913311092 WWW WKAP. CO. SKn2 I �.� `I � I � II f I, � {� I I! I I lid _� - Ikq it �I} FAL I 1111 �t�l � `a. 4. m. �, Y l� � - ,.i j l l r o l i d y .l ': ,. q y �i _ �� '. � mini i� t�.s ragn -NG -M. -DAG AO'fNr: SW7 fta wIm ..a sw Looe °Atmsmr sv �oos'wre wNor' EAST NAPLES SELF -STORAGE 0000 • 1 "a GOMCR"`� ARO-0fEaURE & PLANNING 9�dEwESM PHQE:Q.]q 331nt42 e.rt�w caa WWW MHKAP.COM DUMPSTER ENCLOSURE - SIDE MONUMENT SIGN DUMPSTER ENCLOSURE - PLAN S Ku 3 Primary Facade Design Features Primary Parade - Minimum two design Features: [Section 5.05.08 D.2.b] Multi -story se8-stay buildings -Option 1: - Minimum 20% must be glazed. -A covered public entry with a minimum roof area of 80 square feet and no dimension less than 8 -feet. - Blank Wall Areas: [Section 5.05.08 D.6] Minimum 1/2tinch deep, 1-124ach wide reveals, spaced at maximum 104eet vertical and 20 -led haizantal. - Foundation area of minimum 15% of grand level building area. Additional Design Features: - Ornamental and sbixtural architectural details. (Brackets) - Emphasized building base. Minimum 3Heet high with minimu 2" prajectlon. - Solar shading devices Foundation planting area of minimum IS%of ground level building area. Fakade/Wall Height Transition Elements [Section 5.05.08 D.3.c] Transitional element incorporated for minimum 60% of facade length Tiansiaoral massing elements to include wall plane recess of minimum 104eet Facade Length: 220 IF Wall Recess: 132 IF (60%) Glaam: North Facade: 7,421 SF wall area 1,469 SF glazing + 2S6 SF planting trellis = 1,725 SF (23.2%) South Facade: 7,421 SF wall area 1,261 SF glazing+ 256 planting trellis = 1,571 SF (20.4%) Building Facade Design Features Building Facade: [Section 5.05.08 D.5.1b] - Peaked roof forms -Tile roof material - Emphasized building base - Ornamental architectural features (shutters) Additional Design Features: -Awnings located over windows, minimum 40% of facade length 220 IF Facade, 107 IF Awning (48%) - Blank Wall Areas: [Section 5.05.08 D.6] Minimum 112 -Inch deep, 1 -1/2 -inch wide reveals, spaced at madmum 10 -feet vertical and 204eet horizontal. Color: DOORSI'MNDOWS: Nawneer Dark Bronze Anodized GLASS: Yremn Oystal Gray -19 CONCRETE ROOF TILE EAGLE BELAIR FLAT ROOF TILES 4209 ARROWHEAD GREY BUILDING D7(TERIOR: BUILDING ACCENT: Sherwin Williams Sherwin Williams SW 7008 "Alabaster" SW 7005 "Pure White" • • • A. SITE AERIAL 11225fAMIAMI IRAILE. 11225 TAMIAMI TRAIL E. i4 K) S 041 34 rge r I N>�, ttUriAC 5288 FLORIDIAN 5290 FLORIDIAN 5290 FLORIDIAN i [Section S.KOOD.3b1 T 19 AFEEGURREE PLANNI Wo"MME MM WM}f R MM moe:paauan wwwwlxM.au Facade Mahon heghl aafotions. US 41:Soulh Facade. 116+17112 =17 5. x 2 - 35 A: Facade at Parapet fo 321< 35 fl and therefore no dansNonal right modhomin required. Corner nations; are archilecmral foalures and hnded coverage and therefore are not uWZW th Nese calculations. West Facade: 13 x 2 = 26 1 <32 fl parapet and therefore honaertal transitional modifcaton required and provided as requhed by 10 fl depth and 60% of facade lenglb 19010 anopy above frol for height fa facade aawtlion. NaM Facade: Fonder (13 x 3)+ 18+17=74:15=14.8. x2= 29.6 < 32 A parapel and therefore horoomal bansRmnal modil required and accident as required by 10 fl depth and 60%al facade length 113210 by calmpylsunstreen at second floor window heght for facade transition. East Facade: 13+18+11= 48:13=168:x2=32 fl which 6 equal to hoot of parapet and therefore relacade neigh( Irans4ton reouhed Thirsted mosgdaneibWbe prordMa pmpooMEg�lth al sooting Nigw6cth t1ia9R0efeet,dsmooed him the dge0the pmpmedhuNing. SK 3.08.00 Environmental Data l) Purpose As per requirements in LDC Sections 3.08.00 and questions in the CU Checklist 2) Preparation Of Environmental Data Qualifications of Environmental Consultant are included as Exhibit # 1 Environmental Data. The following shall be submitted where applicable to evaluate proj ects. 3) Requirements for PUD Zoning and Conditional Use 4) Environmental Data a. Wetlands 1) Identify on Current Aerial / FLUCFCS A FLUCFCS map and vegetation inventory has been included for this property. The site has no Jurisdictional Wetlands on site. The parcel is entirely upland made of Slash pine and palmetto. The parcel is also heavily impacted by exotics such as air potato and ear - leaf acaia. 0 b. Listed Species i) Provide Survey Wildlife Listed Species Study (LDC ] 0.02.3.A.2.m) A brief examination of the parcel found no listed vertebrates on site. The parcel is located in the urban area. ii) Provide Listed Plants identified in LDC Section 3.04.03 The only plant species identified were a few species of Tillandsia spp. See Attached Vegetation List / FLUCCS Code Map iii) Wildlife Management Plans in accordance with LDC Section 3.04.00 L_J C7 See Attached Listed Species Study, No wildlife management plans should be required. C) Native Vegetation Preservation i) For Sites or Portions of Sites Cleared of Native Vegetation or in Agricultural Use: Not Applicable ii) Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site.... Location Maps / Aerials (LDC 10.02.3.A.2.m) Aerials and location maps have been provided. East Naples Self Storage CU consist of approximately 2.44 acres and is located in Section 29, Township 50, Range 26. This parcel is located along east US 41 ( Tamiami Trail East ). The property is located on the east side of US 41 just north of Martin Street and west of Floridian Ave. The subject parcel is bordered by a convenience store to the south, single family residences to the west and undeveloped lands to the north. The dominant forest type, on this project site consists of Slash pine with a midstory of cabbage palms and palmetto islands. The site has been affect by an altered hydrological regime. A drainage canal bisects the subject parcel. The ground cover consists of heavy leaf litter and a dense carpet of love vine. This habitat offers very limited habitat for any vertebrates. The canopy varies with exotics such as ear -leaf acacia and air potato. The site does have some recognition of a greater past. The exotics have severely impacted this parcel. See Attached Location Maps, Vegetation Maps / FLUCCS Maps Native Vegetation Calculation (LDC3.05.07.A.) 1.97 acres has been calculated as Native Habitat. That would equal to 0.20 acres of preserve based on a required preservation of 10 % of Native vegetation preservation. Thus, a total of 0.20 acres is required for preservation, as Native Vegetation Requirement and 0.20 acres have been provided. Clearly identify the location of all preserves: 0 The preserve area has been identified on the site plan. Created Preserves and Retained Preserves will meet the minimum width requirement as per LDC 3.05.07. H. 1 e. Retained preservation shall be selected based on criteria defined in LDC 3.05.07.A.3 Principle Structures shall be located a minimum of 25 feet from the boundary of the preserve iv) Where Off Site Preservation of Native Vegetation is proposed in lieu of On Site demonstrate that the criteria in Section 3.05.07 have been meet. The owner/developer is seeking to retain the ability to mitigate off-site. f. Off site vegetation retention i. a) Properties zoned commercial where the on —site preserve requirement is less than 2 acres in size. d) Preserves less than one acre in size. D) General and other environmental requirements • • - LOCATI®N DAPS L-1 0 1 0 n LEGAL DESCRIPTION LOTS 1, 2, AND THE NORTHERLY 48.5 FEET OF LOT 3, BLOCK ONE, NAPLES MANOR ADDITION, RECORDED IN PLAT BOOK 3, PAGES 67 & 68; /-11-illU: A TRACT OF LAND BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK ONE OF SAID NAPLES MANOR ADDITION, THENCE SSO"28'30"W, ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, 200 FEET, TO THE NORTHWEST CORNER THEREOF; THENCE N39"31'30"W, 40 FEET, TO THE SOUTHWEST CORNER OF LOT 12, BLOCK ONE, OF SAID NAPLES MANOR ANNEX; THENCE NSO°28'30"E, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 12, 200 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE 539°31'30"E, 40 FEET, TO THE POINT OF BEGINNING; AND LOTS 11 & 12, BLOCK ONE, NAPLES MANOR ANNEX, RECORDED IN PLAT BOOK 1, PAGE 110; ALL SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD, ALL RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. • 1 • SOILS • C7 SOILS \ Sell Cww Parces Sees OSM Hf" County Boundaxs N Paal Outlines Sots Boureseits aQ ` t � N e LappgNN15mviiii.vc. Wlugnlsinsu d uwnmapmsi Thisrtapaetwa6onNonry. No npresenamnamatlewvamaNyghen a mos corcsni user awmesell mkalu¢.IMOW&and its suppN imme wmp sudTybaMlmestesting lmm Me use. 93 186 279tl • COLLIER COUNTY SOIL LEGEND REVISED 1190 H. YAMATAKI HYDRIC H 2 HOLOPAW FS, LIMESTONE SUBSTRATUM H 3 - MALABAR FS. H 4 CHOBEE, LIMESTONE SUBSTRATUM AND DANIA MUCKS DEPRESSIONAL H 6 RIVIERA, LIMESTONE SUBSTRATUM-COPELAND FS 7 IMMOKALEE FS 8 MYAKKA FS 10 OLDSMAR. FS, LIMESTONE SUBSTRATUM 11 HALLANDALE FS H 14 PINEDA FS, LIMESTONE SUBSTRATUM 15 POMELLO FS 16 OLDSMAR FS H 17 BASINGER FS H 18 RIVIERA FS, LIMESTONE SUBSTRATUM 20 FT. DRUM AND MALABAR.. HIGH FS -21 BOCA FS H 22 CEOBEE, WINDER AND GATOR SOILS, DEPRESSIONAL H 23 HOLOPAW AND OKEELANTA SOILS DEPRESSIONAL H 25 BOCA, RIVIERA, LIMESTONE SUBSTRATUM AND COPELAND FS DEPRESSIONAL H 27 HOLOPAW FS • - H 28 PINEDA AND RIVIERA FS 29 WA13ASSO FS H 31 HILOLO LIMESTONE SUBSTRATUM, JUPITER AND MARGATE SOILS 32 URBAN LAND 33 URBAN LAND HOLOPAW BASINGER COMPLEX __]0. 34 URBAN LAND IMMOKALEE OLDSMAR LIMESTONE SUBSTRATUM COMPLEX 35 URBAN LAND AQUENTS COMPLEX ORGANIC SUBSTRATUM 36 UDORTHENTS SHAPED 37 TUSCAWILLA FS 38 URBAN LAND MATLACHA LIMESTONE SUBSTRATUM BOCA COMPLEX 39 SATELLITE FS H 40 DURBIN AND WULFERT MOCKS 41 URBAN LAND SATELLITE COMPLEX 42 CANAVERAL BEACHES ASSOCIATION H 43 WINDER, RIVIERA, LIMESTONE SUBSTRATUM AND CHOBEE SOILS DEPRESSIONAL 45 PAOLA FS (1-8 percent slopes) H 48 PENNSUCCO SOIL (marl prairie) H 49 HALLANDALE AND BOCA FS (slough) H 50 OCHOPEE FSL, PRAIRIE (marl) H 51 OCHOPEE FSL H 52 KESSON MUCK FREQUENTLY FLOODED H 53 ESTERO AND PECKISH SOILS FREQUENTLY. FLOODED • H ._ H 54 56 JUPITER BOCA COMPLEX BASINGER FS, OCCASIONALLY�FLOODED LISTED SPECIES • U �J • I Introduction / Purpose This report is an account of a Listed Species Survey recently performed on a 2.4 acre tract called East Naples Self Storage CU. Required to meet county review requirements its purpose is to identify and describe key habitats and report any listed species using the site that would be at risk due to possible future development actions on the site. This survey and report are based on fieldwork performed during July 2016 II Site Description East Naples Self Storage consist of approximately 2.4 acres and is located in Section 29, Township 50, Range 26. This parcel is located along east US 41 ( Tamiami Trail East). The property is located on the east side of US 41 just north of Martin Street and west of Floridian Ave. The subject parcel is bordered by a convenience store to the south, single family residences to the west and undeveloped lands to the north. See - Location Map The dominant forest type, on this project site consists of Slash pine with a midstory of cabbage palms and palmetto islands. The site has been affect by an altered hydrological regime. A drainage canal bisects the subject parcel. The ground cover consists of heavy leaf litter and a dense carpet of love vine. This habitat offers very limited habitat for any vertebrates. In total the site consists of approximately 2.4 acres. The following is how the acreage figures breakdown. 1.43 acres Slash Pine 411 0.55 acres Palmetto 321 Total 2.4 acres Drainage Ditch 0.16 acres FPL easement 0.30 acres III Listed Species Survey The required survey for a Listed Species Survey calls for a survey covering 100 % of the site, at prescribed transect distances per site acreage. Such a survey was conducted in September / October 2007 and again on July 2016. Established transects were oriented north - south and east - west and superimposed on an aerial map of the site. These transects were ground - located and walked by compass bearing. Early morning (0730 - 1000 ), mid-day (1100 - 1500) and late -day (1500 - 1800) time periods were chosen to survey these transects. All possible species of plants and animals listed by state and federal agencies were noted. Concurrently, notes for FLUCCS mapping purposes were is kept. IV Results & Discussions Listed Flora None found See FLUCCS Plant List Listed Fauna None found See Wildlife Species Observed Conclusions Focused searches were conducted over three days. Transects were walked on straight compass bearings along a grid spaced at approximately 10 yards apart for the entire parcel. Other transects were primarily meandering transects through areas of prime habitat. All transects were walked at varying times from post -dawn & mid-day to pre - sunset hours. This parcel is bordered by two paved roads and near single family homes. The subject parcel is located in the urban area. The heavy traffic patterns, foot tracks and associate noise have a limiting factor on this parcel as suitable habitat. The parcel is also near a convenience store. Trash from vagrants can be readily seen. In addition, during this survey the temperature was extremely hot. Surveys were limited to early morning or late evening when it seems that activity at the convenience store was at its peak. The tack of sufficient hydrology has led to a dense ground cover of vines, exotics and a dense carpet of leaf litter. The primary vertebrates encountered were a few birds. As previously stated in the prior report, the drainage ditch can provide some foraging to wading birds. Gambusia spp. could be seen swimming. During low water conditions these minnows could provide food for wading birds. Our survey has found no listed vertebrate species on this site. • • 40 Threatened, Endantered and Species of Special Concern Species Black bear Florida panther Everglades mink Big Cypress Fox squirrel Indigo snake American alligator Gopher tortoise Gopher Frog Present Absent x X x x Southeastern American kestrel x Red -Cockaded woodpecker x Florida Scrub Jay x Wood stork x Snail kite x Bald eagle x Limpkin x osprey x White ibis x Tricolored heron x snowy egret x Reddish egret x Little blue heron x �, A0 LOCATION \ #>d SsOCulam SMHybParcels sy Sifts OSM Hy Lounly Bauntlanmes Pamel001ims , t CagnOM 2115 M1009.Inu.pA(19ltlalmefkd INWYPOJ)NOW Cor LYs MOP 600111MSmI 0* No relonrrr ODn 5 makes NWMQM m 0f5 [g11m1. ft HI al Hod OR. MapWa w m mppliesamime no III for mylossm (III horn Wuz. lk AREA NO. FLUCCS SF AC TOF SITE 1 411 32,062 0.74 30% 2 321 2,888 0.07 3% ` 3 321 1,775 0.04 2% 4 321 19,000 0.44 18% 5 411 30,200 0.69 28% SUBTOTAL 85,925 1.97 81% 6 DE 7,000 0.16 7% 7 FPL -EASE 13,275 0.30 13% -, TOTAL 106,200 2.44 100% 1%Z5' 1 10% OF SUBTOTAL= REQUIRED PRESERVE- 7i. 8,592.5 SF (49.1x175' FLUCCS CODE AND VEGETATION INVENTORY 9 FLUCCS CODE (Description) TOTAL SITE - 2.4 acres Common Name Scientific Name Indicator Status 321 Palmetto 0.55 acres This upland habitat is dominated with palmetto and a few exotics. The following species were identified in this habitat. Slash pine Pinus elliolti FACW Cp,C palmetto Serona repens FACU G,D gallberry Ilex glabra FACW M,C wax myrtle Myrica cerifera FAC+ M,O Cabbage palm Sabal palmetto FAC Cp,O Ear leaf acacia Acacia auriculiformis Exotic M,O Brazilian pepper Schinus terebinthifolius Exotic M,O Beauty bush Callicarpa americana UPL M,O 411 Pine Flatwoods 1.43 acres This area is vegetated with a Slash pine canopy and a palmetto groundcover. The area does have a few exotics such as Ear leaf acacia and Brazilian pepper. The level of exotics present is moderate. The ground cover consists of heavy leaf litter and love vine. Slash pine Pinus elliolti FACW Cp,C Cabbage palm Sabal palmetto FAC M,C palmetto Serona repens FACU G,D Laurel oak Quercus laurifolia FACW Cp,O Melaleuca Melaleuca quinquenervia Exotic Cp,O Beauty bush Callicarpa aer•icana UPL M,O Brazilian pepper Schinus terebinthifolius Exotic M,O Winged Sumac Rhus copallina UPL M,O gallberry Ilex glabra FACW M,C Downy rosemyrlte Rhodomyrtus lomentosus Exotic G,O wax myrtle Myrica cerifera FAC+ M,O Broom sedge Andropogon virginicus FAC- G,O Blue Maidencane Amphicarpum muhlenbergianum FACW G,C beak rush Rhynchospora microcarpa FACW+ G,O yellow -eyed grass Xyris elliollii OBL G,O Marsh Pink Sabatiagrandiflora FACW G,O java plum Syzygium cumini Exotic Cp,C Whitehead broom Spermucoce verlicillata FAC G,C Air potato Dioscorea bulbi/era Exotic M. C earleaf acacia Acacia auriculiformis Exotic Cp,M,C Bahiagrass Paspalum notatum FACU G,D Ear leaf acacia Acacia auriculiformis Exotic M,O Wedelia Wedelia trilobata Nuisance G,C Day flower C'ommelinu diffusa FACW G, C umbrella sedge Qperus ligularis FACW G,O sawgrass Cladium jamaicense OBL G,C Love vine Cassytha jilijbrmis FAC- G,C Virginia creeper Ampelopsis quinquefolia FAC G.O Cat -briar Smilax spp. FAC G,O Poison ivy Toxicodendron radicans FAC G.O Grape vine Vitis rotundifolia FAC G,O Button Bush C'ephalanthus occidentalis OBL G,M,O golden polypody Phlebodium aureum Epiphytic Ditch 0.16 acres A drainage ditch bisects the subject parcel. FPL Easement 0.31 acres This easement runs parallel to the subject parcel. ABREVIATIONS — Canopy (Cp), Midstory (M), Ground Cover (G) Dominant (D), Common (C), Occasional (0) INDICATOR STATUS - Obligate (OBL), Facultative wet plants (FACW), Facultative plants (FAC), Upland (UPL) C7 WILDLIFE SPECIES OBSERVED Common Name Amphibian & Reptiles: Brown anole Birds Bluejay Dove- mourning mockingbird Vultue, Black Crow, american Cardinal Mammals: Nine -banded armadillo Species Anolis sagrei Cyanocitta cristata Zenaida macroura Mimus Poly lottos Coragyps atratus Corvus brachyrhynchos Richmondena cardinalis Dasypus novemcinctu Status • 9 Print Bald Eagle Nest Data • Print Preview • Data to print Data range Nest history (eData Table and Map W All Search Results 4) Yes Print '-'Data Table Only Current Page Only No Page 1 of 3 This report was generated using the bald eagle nest locator at https://public.myfwe.mm/FWRI/Eag[eNeM/nestiocator.aspx on 7/6/2016 8:01:54 PM. Search Entered: ; All Search Results 52 record(s) were found; 52 record(s) are shown Bald Eagle Nest Map: n` y Sa" a tom s 9D Ysraewd roba�' n yaxVrP �' h $ s1 d oN/arl 51 Pnd�ew B x tea£ Dimm nI r� V ` 'aid S ^'meg vP ,p¢e a >� NaplPc Mann, r e5 t• iso gle Nole. Maps are nut labeled ror u.arcM1ea IWnn119 35 or more nes!a Bald Eagle Nest Data Search Results: Map,gata CWi4 Google Results per page: All v Nes[ Coun Latitude Longitude Town- Ran- Ser 0az lestn Last Act Act Act Act Act Su ID Know chip ge tion Page Active veyed 10 11 12 13 14 https://public.myfwc.com/FWRI/Eag]eNesLvT�dntData.aspx 7/6/2016 Print Bald Eagle Nest Data Page 2 of 3 COOOIJ Collier 26 17.361 8148.33 48S 25E 16 111 2014 2014 1 Y * * Y Y C0003 Collier 2603.05 8144.48 51S 26E 06 111 2013 2013 Y * * Y C0004 Collier 2600.78 8142.64 51S 26E 21 111 2010 2013 Y * * N C0005 Collier 2556.56 8142.64 52S 26E 16 110 2010 2010 Y C0006 Collier 25 59.30 81 32.58 51S 28E 31 110 2003 2013 - * * - * C00071 Collier 2625.661 8130.94 46S 28E 33 111 2013 2013 Y * * Y C0008 Collier 25 56.83 8142.82 52S 26E 09 110 2007 2010 N C0009 Collier 2605.90 8146.75 50S 25E 23 111 2013 2013 Y * * Y C0010 Collier 2605.00 8145.00 50S 25E 25 111 1980 2013- 00011 Collier 2559.63 8135.33 51S 27E 27 110 2010 2013 Y * * N C00121 Collier 25 51.651 81 15.61 53S 31E 18 116 2013 2013 Y * * Y C0013 Collier 2600.48 8138.74 51S 27E 19 111 2013 2013 Y * * Y C0014 Collier 26 10.61 8148.51 49S 25E 28 111 2006 2010 - C0015 Collier 2608.86 8138.47 50S 27E 06 111 2008 2013 N C0016 Collier 2556.77 8128.18 52S 28E 13 116 2013 2013 Y * * Y C0017 Collier 2556.12 8125.03 52S 29E 16 116 2013 2013 Y * * Y C00191 Collier 26 17.99 8149.39 48S 25E 17 111 2010 2010 Y C0020 Collier 26 19.01 8149.64 48S 25E 05 111 2008 2014 - * N U N C0021 Collier 2625.03 8122.46 47S 29E 01 112 1999 2013 - C0022 Collier 2551.03 8123.38 53S 29E 14 116 2004 2010 - C0023 Collier 2609.08 8144.82 50S 26E 06 111 2010 2010 Y C0024 Collier 2605.86 8144.91 50S 26E 19 111 2013 2013 Y * * Y C0025 Collier 26 20.53 8120.40 47S 30E 32 112 2013 2013 Y * * Y C0026 Collier 2614.27 8147.41 49S 25E 03 111 2010 2010 Y C0027 Collier 2609.13 8146.85 50S 25E 02 111 2014 2014 N * * Y Y C0028 Collier 2604.58 8145.57 50S 25E 36 111 2014 2014 Y * * Y Y C0029 Collier 25 57.16 8144.13 52S 26E 07 110 2010 2013 Y * * U * C0030 Collier 2626.331 8129.48 46S 28E 35 112 2013 2013 Y * * Y * C0031 Collier 26 15.60 8140.22 48S 26E 25 111 2013 2013 Y * * Y C0032 Collier 26 25.33'8133.77 47S 27E 60 111 2007 2013 C0034 Collier 26 26.21 81 22.57 46S 29E 36 112 2013 2013 Y * * Y C0035 Collier 2603.82 8145.47 51S 25E 01 111 2013 2013 Y * * Y C00361 Collier 26 16.731 8148.45 48S 25E 21 111 2013 2013 Y * * Y C0037 Collier 2602.13 8138.57 51S 27E 07 111 2013 2013 Y * * Y C0038 Collier 2622.15 8136.40 47S 27E 22 111 2010 2013 Y C0039 Collier 25 53.11 8142.35 52S 26E 33 110 2013 2013 Y * * Y C0040 Collier 26 07.42 8145.40 50S 25E 13 111 2010 2010 Y C0041 Collier 2601.001 8144.19 51S 26E 20 111 2013 2013 Y * * Y C0042 Collier 25 58.34 81 32.48 52S 28E 06 110 2010 2013 Y C0043 Collier 2615.64 8146.66 48S 25E 26 111 2013 2013 * Y * Y C0044 Collier 2554.19 81 20.40 52S 30E 32 116 2013 2013 * Y * Y C0045 Collier 2618.03 8132.07 48S 28E 17 1 111 1 2013 2013 * * Y Y C00461 Collier 2605.381 8147.76 50S 25E 27 111 2013 2013 - * * Y C0047 Collier 26 17.42 8147.40 48S 25E 15 111 2013 2013 - * * Y C0048 Collier 26 10.78 8054.54 49S 34E 35 113 2013 2013 - * * Y C0049 Collier 2616.87 8144.97 48S 26E 19111 2013 2013 - * * Y C0050 Collier 2607.76 8148.21 50S 25E 09 111 2014 2014 - Y Y Y Y bttps:Hpublic.mvfwc.com/FWRI/Eag]eNests/PrintData.aspx 7/6/2016 • • 0 Print Bald Eagle Nest Data Page 3 of 3 C00511 Collier 26 10.29 8147.19 49S 25E 1 27 1 111 2014 2014 * * * * Y C0052 Collier 26 12.26 8146.89 49S 25E 14 111 2014 2014 * * * * Y C0053 Collier 26 12.54 8148.60 49S 2SE 16 111 2014 2014 * * * * Y C0054 Collier 26 10.76 81 44.88 49S 26E 30 111 2014 2014 * * * * Y C0055 Collier 26 00.821 81 39.92 51S 26E 24 111 1 2014 1 2014 * * * * Y "Y" denotes an active nest "U" denotes a nest that was visited but status was undetermined "N" denotes an inactive nest "*" denotes a nest that was not surveyed "-" denotes an unobserved nest hnps:lfpublie.myfwc.com/FWRI/EagleNests/PrintData.aspx 7/6/2016 ENVIRONMENTAL QUALIFICATIONS 11 Cl F1 Marco A Espinar 3880 Estey Avenue Naples, H 34104 RESUME Bilingual: English & Spanish Office: 239-263-2687 Home 239-263-2747 EDUCATION Cardinal Mooney High School Diploma 1980 Sarasota, Florida Manatee Junior College AA Degree 1982 Bradenton, Florida Biology University of South Florida BS Degree 1990 Tampa, Florida Biology Completed USF Cooperative Education Program April 1988 USF Undereraduate Research - USF 1985 Apalachicola Archaeological Expedition & Research -Lab Coordinator of Fauna Identification from Archeological Sites • - Studies of Seagrass Beds (Thalassia testudinum) in Upper Tampa Bay, Florida - Growth Rates of Marine Algae ( Gracilaria tikvahiae, G verrucasq G deblis ) Port Manatee, Florida r1 L J EMPLOYMENT HISTORY & EXPERIENCE Collier Environmental Consultants Inc. Naples, Florida 2/96 - Present Environmental Permitting, Planning Vegetation Inventory Mitigation & Monitoring Plans Threatened and Endangered Species Survey Licensed Agent Gopher Tortoise Permitting, Testing, Relocation Owner & Environmental Planning I Biologist Exotic Plant Removal / Poisoning Mitigation Plantings Jurisdictional Detennination Environmental Impact Statements Red Cockaded Woodpecker Survey UMAM Analysis BP- Natural Resource Advisor - Deepwater Horizon MS Canyon 252 Oil Spill Gulfport, Mississippi - Dauphin Island, Alabama - Pensacola, Florida Turrell & Associates, Inc. Senior Environmental Planner • Naples, Florida 2/94 - 12/95 Environmental Permitting, Planning Supervision of Staff Threatened and Endangered Species Survey Review Staff Reports Environmental Impact Statements South Florida Water Management District Environmental Analyst Fort Myers, Florida 2/93 - 8/93 Dredge & Fill Permit Review Surface Water Permit Review Collier County Government, Development Services Environmental Specialist 11 Naples, Florida 10/90- 2193 Site Development Plan Compliance Landscape Inspections Planned Unit Development Compliance Environmental Enforcement Site Drainage Inspections Southwest Florida Water Management District Field Services Technician Tampa, Florida 9/87- 10/90 As -Built Inspections of Storm Water System - Engineering, Survey • Surface and Ground Water Permit Compliance Well Construction & Abandonment Inspections Southwest Florida Water Management District (CO-OP) Environmental Scientists I Brooksville, Florida 1/86-9/87 Wetland Vegetation Studies At Major Well Fields Water Quality Sampling & Testing PROFESSIONAL ASSOCIATIONS Southwest Florida Association of Environmental Professionals, Member Elected to First Governing Board and served 2 terms, served on Bylaws Committee Appointed by the Board of County Commissioners and Served on the Collier County Environmental Advisory Board Appointed by the Board of County Commissioners and Currently Serving on the Development Services Advisory Committee Currently Serving on the Land Development Code Sub -Committee • Appointed by the Board of County Commissioners and Served on Conservation Collier Land Acquisition Advisory Committee 6 years Served as Chai, m an of the Conservation Collier Lands Evaluation and Management Sub- committee, Award for Ten (10) years of my Voluntary Service to Collier County By the Board of County Commissioners Awarded Outstanding Advisory Member Award- February 2009 by Collier County Board of Comity Commissioners Gopher Tortoise Management and Mitigation Professional Training Program Successful Completion 9/01 REFERENCES UPON REQUEST • 0 �j TRANSPORTATION • r� CONSULTANTS, INC. 0 TRAFFIC IMPACT STATEMENT FOR EAST NAPLES SELF STORAGE CU PL2016-0001380 (PROJECT NO. 1606.06) PREPARED BY: TR Transportation Consultants, Inc. 2726 Oak Ridge Court, Suite 503 Fort Myers, Florida 33901 239-278-3090 Revised: November 2, 2016 TRANSPORTATION CONSULTANTS, INC. INTRODUCTION CONTENTS II. EXISTING CONDITIONS III. PROPOSED DEVELOPMENT IV. TRIP GENERATION V. TRIP DISTRIBUTION VI. FUTURE TRAFFIC CONDITIONS VII. PROJECTED CONCURRENCY AND IMPROVEMENTS VIII. CONCLUSION • • • �j TRANSPORTATION • rs CONSULTANTS, INC. is 1. INTRODUCTION TR Transportation Consultants, Inc. has conducted a traffic impact statement for the proposed submittal of the East Naples Self Storage CU site located on the north side of U.S. 41 between its intersections with Martin Street and Entrance Street in Collier County, Florida. The applicant is applying for a Conditional Use permit to allow for the future development plan approval of the self storage use on the subject site. This report has been completed in compliance with the guidelines established by the Collier County Transportation Planning Division. The site location is illustrated on Figure 1. The proposed East Naples Self Storage CU development is a proposed mini -warehouse use within Collier County that will consist of a total of 98,000 square feet of self storage/mini-warehouse floor area. Access to the site will be provided to Tamiami Trail East (U.S. 41). No access is permitted from this site to Floridian Avenue due to deed restrictions on the property. This report examines the impact of the development on the surrounding roadways. Trip generation and assignments to the site access driveways will be completed and analysis conducted to detennine the impacts of the development on the surrounding intersections. 11. EXISTING CONDITIONS The subject parcel is currently vacant. The site is bordered to the northeast by Floridan Avenue. An existing convenience market borders the subject site to the southeast. The site is bordered on the southwest by U.S. 41. Vacant land borders the subject site to the northwest. Access to the proposed East Naples Self Storage CU development is shown to U.S. 41 via a right in/right out driveway. Page 1 TRANSPORTATION PROJECT LOCATION MAP CONSULTANTS, INC. TAMIAMI TRAIL EAST SELF STORAGE Figure 1 �j TRANSPORTATION • rs CONSULTANTS, INC. E U.S. 41 is a six -lane arterial roadway along the southern boundary of the subject site. The minimum Level of Service (LOS) Standard for this roadway adjacent to the subject site is LOS "E". The proposed development will access U.S. 41 via a right-in/right-out access driveway proposed as a part of this development. U.S. 41 has a posted speed limit of 55 mph and is under the jurisdiction of the Florida Department of Transportation (FDOT). I11. PROPOSED DEVELOPMENT The Developer is proposing to construct a maximum of 98,000 square feet of mini - warehouse floor area on the subject site. Table 1 summarizes the mini -warehouse use proposed on the subject site as a part of the proposed development. Access to the proposed development is shown via a single right-in/right-out access to U.S. 41. Table 1 East Naples Self Storage CU Land Use Land Use Size Mini -Warehouse 98,000 square feet (LUC 15 1) IV. TRIP GENERATION The trip generation for the proposed development was detennined by referencing the Institute of Transportation Engineer's (ITE) report, titled Trip Generation, 9"' Edition. Land Use Code 151 (Mini -Warehouse) was utilized. The trip generation was calculated based on the square footage of the site and not the number of employees. The equations for this land use are contained in the Appendix of this report for reference. Table 2 outlines the anticipated weekday A.M. peak hour, P.M. peak hour and daily trip generation of the proposed development. Page 3 �j TRANSPORTATION rs CONSULTANTS, INC. • Table 2 Trip Generation Fast Naples Self Storage CU Land Use Weekday A.M. Peak Hour Weekday P.M. Peak Hour Daily (2 -way) In Out Total In Out I Total Mini -Warehouse g 6 14 13 IKI 26 245 (98,000 sq. ft.) V. TRIP DISTRIBUTION The trips shown in Table 2 were then assigned to the surrounding roadway system based on the anticipated routes the drivers will utilize to approach the site. The resultant traffic distribution is indicated in Figure 2. Based on the traffic distribution indicated within Figure 2, the development traffic was distributed to the site access driveway serving the proposed development. Figure 3 indicates the site traffic assignment to the proposed right-in/right-out access driveway to U.S. 41 for the proposed development. VI. FUTURE TRAFFIC CONDITIONS In order to detennine which roadway segments surrounding the site will be significantly impacted, Table IA, contained in the Appendix, was created. This table indicates which roadway links will accommodate an amount of project traffic greater than the 2%-2%-3% Significance Test. By the use of Trip Generation Manual, 9"' Edition and results obtained from Table IA, it was concluded that the proposed development will have no significant impact on roadway segments. Therefore, concurrency link analysis was required only on U.S. 41 adjacent to the subject site. In addition to the significant impact criteria, Table IA also includes the concurrency analysis on the Collier County Roadway network. The current remaining capacity and Level of Service Standard for roadway segment analyzed was obtained by factoring the most recent traffic data from the Collier County 2015 Annual Update and Inventory Report (AUIR). This report had traffic data collected on U.S 41, north of Entrance Street Page 4 TRANSPORTATION PROJECT TRAFFIC DISTRIBUTION CONSULTANTS, INC. TAMIAMI TRAIL EAST SELF STORAGE Figure 2 TRANSPORTATION SITE TRAFFIC ASSIGNMENT CONSULTANTS, INC. TAMIAMI TRAIL EAST SELF STORAGE Figure 3 �j TRANSPORTATION r� CONSULTANTS, INC. and south of Martin Street. Furthermore, in order to estimate the projected 2020 background traffic volumes, the existing 2015 peak hour peak direction traffic volumes were adjusted by the appropriate growth rate. The annual growth rate was calculated based on the 2015 Collier County Average Daily Traffic Report, and an example of the annual growth rate calculation is shown in the Appendix of this report for reference. It is important to note that actual growth rate was determined to be a negative value. Therefore in order to complete the rest of analysis, it was assumed that the minimum annual growth rate was two percent (2%) per year, compounded annually. In order to complete the consistency analysis, the 2020 projected traffic volume was subtracted from the Level of Service Standard in order to determine the remaining capacity on U.S. 41 in 2020. The project traffic was then subtracted from the remaining capacity during the AM and PM peak hours in order to determine whether there will be sufficient capacity along U.S. 41 after the addition of the project related traffic in the year 2020. VII. PROJECTED CONCURRENCY AND IMPROVEMENTS Based upon the information contained within Table 1A, U.S. 41 is shown to function acceptably in the year 2020 after the addition of the traffic associated with the East Naples Self Storage CU development to the surrounding roadway network. Figure 4 indicates the capacity conditions on the County Roadway Network adjacent to the subject site based upon the existing conditions as well as after the addition of the proposed development traffic. Based on the information contained within Figure 4, there will be sufficient capacity available along U.S. 41 to accommodate the East Naples Self Storage CU development related traffic. Therefore, no roadway link improvements will be required as a result of the proposed development. Page 7 495 (491) [488] 0.2% U.2"/a LEGEND 000 2018 PROJECTED REMAINING CAPACITY (000) 2018 REMAINING CAPACITY AFTER AM PROJECT TRAFFIC [000] 2018 REMAINING CAPACITY AFTER PM PROJECT TRAFFIC 0.0% PROJECT IMPACT PERCENTAGE io-E TRANSPORTATION 2020 CONSISTENCY ANALYSIS RESULTS Figure 4 CONSULTANTS, INC. TAMIAMI TRAIL EAST SELF STORAGE REVISED 11-2-16 �j TRANSPORTATION CONSULTANTS, INC. A turn lane analysis will be conducted when the site plan approval application is completed and when a driveway permit is being sought from the Florida Department of Transportation. Based on FDOT turn lane criteria as outlined in the FDOT Driveway Information Guide, a separate right turn lane will not be warranted at the proposed site access drive location. VIII. CONCLUSION The proposed East Naples Self Storage CU development located on the north side of U.S. 41 between its intersections with Entrance Street and Martin Street within Collier County, Florida meets Collier County Concurrency requirements. The surrounding roadway network was analyzed based on the most recent Collier County Concurrency Management System. toThe traffic impacts of the proposed development were reviewed based on the most recent • TIS guidelines established by Collier County. Based on these guidelines, U.S. 41 is shown to function acceptably in the year 2020 after the addition of the proposed East Naples Self Storage CU development traffic. Therefore, no roadway link improvements are required as a result of the proposed development. Based on FDOT criteria, no additional turn lanes will be required for the East Naples Self Storage CU development. In closing, the proposed development of the East Naples Self Storage CU development is shown to satisfy the Collier County Growth Management Plan requirements indicated within the Transportation Element. Therefore, the development of the proposed mini - warehouse use will not adversely impact the surrounding roadway network. K: 2016 06 June 06 SeIf'Storage - US dl Collier 11-2-2016 TIS ReporiAm Page 9 APPENDIX • • • • METHODOLOGY MEETING NOTES • APPENDIX A 0 INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date: via e-mail Time: N/A Location: via e-mail People Attending: Name, Organization, and Telephone Numbers 1) Ted Treesh, TR Transportation Consultants, Inc., (239) 278-3090 2) Stephen Baluch, Collier County Transportation, (239) 252-2361 3) Chad Sweet, Collier County Transportation (239) 252-2491 4) 5) Study Preparer: Preparer's Name and Title: Ted Treesh, President Organization: TR Transportation Consultants, Inc. Address & Telephone Number: (239) 278-3090 2726 Oak Ridge Court, Suite 503 Fort Myers, FL 33901 Reviewer(s): Reviewer's Name & Title: Chad Sweet, Site Plan Reviewer, Transportation Collier County Transportation Planning Department Reviewer's Name & Title: Organization & Telephone Number: Applicant: Applicant's Name: Michael Fernandez Address: 145 Central Ave. Naples, FL 34102 Telephone Number: 239-263-6934 Proposed Development: Name: Self Storage Facility - Indoor Location: 11201 Tamiami Trail E. (Parcel No. 62090040005) on the north side of Tamiami Trail between Martin St. and Entrance Street Land Use Type: Self Storage ITE Code #: LUC 151 — Mini -Warehouse Proposed number of development units: 96,019 sq. ft. in three store building Other: n/a Description: Site Development Plan (SDP) PL20160001380 Existing: Comprehensive plan recommendation: N/A Requested: N/A Findings of the Preliminary Study: Project is anticipated to generate less than 50 net new trips. See the attached trip generation table. Study Type: Small Scale TIS ® Minor TIS ❑ Maior TIS ❑ Study Area: Boundaries: Tamiami Trail East from Rattlesnake Hammock to Triangle Blvd. (Link #93.0) based upon the Collier County 2%-2%-3% Sitmificant Impact Criteria Additional intersections to be analyzed: None Horizon Year(s): 2018 Analysis Time Period(s): A.M. and P.M. Peak Hour Future Off -Site Developments: None Source of Trip Generation Rates: ITE Trip Generation 9"' Edition Reductions in Trip Generation Rates: None: Pass -by trips: None Internal trips (PUD) Transmit use: n/a Other: n/a No discounts taken Horizon Year Roadway Network Improvements: None Methodology & Assumptions: Non -site traffic estimates: 2015 AUIR Site -trip generation: ITE Trip Generation 9"' Edition LUC 151 (Mini -Warehouse) Trip distribution method: Based on previous TIS prepared for site in 2006. 50% to/from the east on Tamiami Trail and 50% to/from the west on Tamiami Trail. Traffic assignment method: By Hand Traffic growth rate: From comparisons of the 2008 & 2015 AUIR's Special Features: (from preliminary study or prior experience) Accidents locations: n/a Sight distance: n/a/ Queuing: n/a Access location & configuration: Access to Tamiami Trail (rit-in/rit-out) to be permitted by FDOT Traffic control: n/a Signal system location & progression needs: n/a On-site parking needs: n/a Data Sources: ITE Trip Generation Report, 91h Edition Base maps: n/a Prior study reports: n/a Review process: n/a Requirements: n/a Miscellaneous: n/a SIGNATURES Study Preparer Reviewers • Applicant 0 0 • • TABLE IA TABLE IA PEAK HOUR, PEAK DIRECTION 20/6-20/6-3% SIGNIFICANT IMPACT CRITERIA & CONCURRENCY ANALYSIS TOTAL AM PEAK HOUR PROJECT TRAFFIC = 14 VPH IN= 8 OUT= 6 REMAINING TOTAL PM PEAK HOUR PROJECT TRAFFIC= 26 VPH IN= 13 OUT= 13 2020 CAPACITY - WILL THERE BE TRIP BANK PERCENT PROJECT PROD! PROJECTED SEGMENT ROADWAY LOS PROJECT TRAFFIC LOS ROADWAY SEGMENT Q CLASS ,STANDARD' TRAFFIC AAA pM STANDARD U.S. 41 N. of Entrance Street 93 6LO 3000 50% 4 7 0.2% Project Frontage 93 6LD 3000 491 488 8 13 0,4% S. of Martin Street 93 6LD 3000 50% 4 7 0.2% The Level of Service Standard and Remairpng Capacity for each roadway link was taken from the 2015 Collier Comity AUR Revised 11-2-2016 0 0 0 REMAINING 2015 2020 2020 CAPACITY - WILL THERE BE TRIP BANK ANNUAL FUTURE CURRENT PROJECTED AFTER SUFFICIENT SIGNIFICANT r TRAFFIC GROWTH BCKGRND REMAINING REMAINING PROJECT CAPACITY IMPACTS VOLUME RATE TRAFFIC CAPACITY CAPACITY AM pM AVAILABLES NO 2269 2.00% 2505 731 495 491 488 YES NO 2269 2.00% 2505 731 495 487 482 YES NO 2269 2.00% 2505 731 495 491 488 YES 0 0 0 0 0 • ANNUAL GROWTH RATE CALCULATION ANNUAL GROWTH RATE CALCULATIONS ROADWAY SEGMENT U.S. 41 N. of Entrance Street Project Frontage S. of Martin Street For roadways with negative growth rates, an annual growth rate of 2.0% was assumed. = All traffic volumes were taken from the 2008 & 2015 Annual Update Inventory Report (AUIR). SAMPLE GROWTH RATE CALCULATION 2015 ADT "(11YrsofGrowth) Annual Growth Rate (AGR) - -1 Base Year ADT 1910 "1111) AGR (US 41) = 1 2118 AGR (US 41) = -1.47% E • L] 2015 BASE YR TRAFFIC TRAFFIC VOLUME 2118 1910 2118 1910 2118 1910 For roadways with negative growth rates, an annual growth rate of 2.0% was assumed. = All traffic volumes were taken from the 2008 & 2015 Annual Update Inventory Report (AUIR). SAMPLE GROWTH RATE CALCULATION 2015 ADT "(11YrsofGrowth) Annual Growth Rate (AGR) - -1 Base Year ADT 1910 "1111) AGR (US 41) = 1 2118 AGR (US 41) = -1.47% E • L] ANNUAL YRS OF GROWTH GROWTH RATE' 7 -1.47% 7 -1.47% 7 -1.47% For roadways with negative growth rates, an annual growth rate of 2.0% was assumed. = All traffic volumes were taken from the 2008 & 2015 Annual Update Inventory Report (AUIR). SAMPLE GROWTH RATE CALCULATION 2015 ADT "(11YrsofGrowth) Annual Growth Rate (AGR) - -1 Base Year ADT 1910 "1111) AGR (US 41) = 1 2118 AGR (US 41) = -1.47% E • L] C, • • 2015 AUIR DATA 2015 2015 TraRc 1/7th'rrip Peak hour Peak 2015 1/71h C'uunr Bank Peak Dir Hour 2015 I(7/h "rota) 1015 1. 1... \'ear East (1u. Min Peak Service Peak Dir 'trip Trip Trip 20 15 '1 tat Remain. 2015 0 U%peoted Eapected ...., .,.... .___. '_ .__.. c... rw_ y......__ v_..._._ u....0 u.,..0 n...a, 1,.,r....._ r ---- ;... v1r it U 21 00-11 ('R881 L -r Sun Ruad In enal Street Int,wUlec Ruad 641) 073 1) N 3 40) 1170 2.161Ill 226 I.w(tl 1604 4o'-. B ;2 U s7 .,2071 ('R881 Lrm •aun Kuad Inutwkalee Road I, mderbdl Beach Road GU 576 E N 3.100 1620 50 01 56 1,076 1424 54 1". C 53 0 58 62071 (8881 LIcn1 •su,n K6w1 Vanderbilt Beach Road Pine Ridge Road oD 171 B S 3.100 1430 160 0 160 1.(,4o 1460 i2 q.... B S40 12 (0171 CR881 1.1,m •stun Kuad Pme Rid •e Road Golden Galr Pak„a, OD 690 F N 3.100 1440 30 0 36 1,476 1624 476-. B i5 0 1; 6UiN,l ('R881 Uva •stop Road <kddeu Gale Parkway Radio Ruud 6D 087 F N 300) 1220 39 U ;9 1,251, 1741 42(P. B i8 0 07 99<W4 N Iso Street New Market Ruud 1;R-29 {h1:nn St, -O 2U i`A) D N 14)0 540 U 0 U 540 360 60 (W•. C New Market Road BIo„ard Street SR 29 21, 1,12 D F 900 470 12 0 12 482 418 i3 6". C _S90 (1) 0 36 C - re, Rears OA Well Road l rmwkalee Road 2U (,26A 1) S 1,000 110 0 102 102 123 678 32'°'. B 62 U es 99901 CR887 Old (,S 41 Lee Cawuv I've 7;uneuni TraO 2(I i47 j U N I3mU )00 11 0 111 971 29 97 1"•. F 2018 2017 630 99924 CR846 Se.•ata Unve C-wn Ruud 'l ur"n.1-1 JD ill D E 1700 980 7 0 7 987 713 i8.1°. C 64 0 I4 69042 C KS96 Pine Rrdue Road 1'.muami TmJ (koodlem-Frank Road 613 51-1 li F '_.300 1880 17 U 37 1")17 883 68 5°a C 65 U 14 69042 CRS% Pule Rid •e Road Q-diletw-Frank Read Shil lev Street oD 514 E W 2.8(41 1910 4 0 4 1.914 886 68 4".. C 660 14 o9042 CR896 Pum Ridge Road Sbnlev Street Au n Read oD i 15 E F 2,84 2240 206 (l 206 2.436 364 870'. D 2023 671 41 60111 <'K84U Pince RrJ •e Road Au pa XoaJ Lvmustun Rd UD 526 E G 3000 264 149 0 149 2.809 191 9; 6., U 2019 672 41 00111 CR84o Prue Ridge Road U,tng on Kd 1-75 oU o28 1: E 3OW 2960 '_ W U 210 3.170 1 ,'!,� 105 7°. F 2010 E -n- 08 0 41 99417 C'R896 fine Rid •c Ruad I -7i Iw,xwo 13uuleverJ 6D 000 E E 2.8W 2080 1 0 1 2081 719 74 3°-. C 690 IS 04,12 ('R$56 Radar Road Au rt Read Livuvstw. Road ID i44 U F LSW IIID 3 1) 3 1.113 687 (,18°. C 70.0 15 65033 CR856 Rd,,, Road Lrcrn• m- Road Santa Barlwa Buufe-.d 41) 527 U F 1,809) 1120 U 01 0 1 IN 680 62 2". C 71 0 I9 0i031 ('R85(, Radia Road Santa Barbara B."I.-d D.- Boulevard 41) e8i 1) 1 W' I 1800 i40 0 85 85 625 1175 i4 7'. B 720 17 6021 CR864 RaOlev,.W llanuruck R -J lanaarta'I-1 (barlema•na &,ales arJ 4D i)6 U W 1.800 1000 0 55 15 1,0i5 745 i861.1 C 73.0 17 65021 CR864 Raukmake Hanmwck Road C'haicna. enc 13 -le -J ('Dunt Bart Road 41) 117 1) W' 1.800 700 U 48 48 748 1052 41 6'. B 740 17 0021 CK864 R.t11c513akv Hamnnd Ruad CouwN Barn Woad S.nla Barbara Buue, a,d 4D 134 U W 19(X0 o70 0 40 40 710 1190 374°a B 71 4) 77 60169 CK864 Rattksnuke Hanmwck Road Sawa Barbara Boulevard ('ollier Berl -,d 613 518 E N' 2,900 500 8 IIS 123 ()211 2277 21 59. B 760 56 6208IB Santa Bart-Boule-d Glee. Boole, at Golden Gate ParkweN 4D 529 D N 2.100 123U 9 0 9 1,231, 861 590". (' 770 5o 62081A Santa Barbara Boulevard Golden Gate Parkwa Rad,. Read 64) 528 E N 3.100 1740 a4 0 54 1,714 1306 579°.. C 780 5o 62081A Santa Barbara Beed ,d Radio Road Da,u&rulacard 6D 537 E N 3,IW 12% 2211 U 221 1,511 1589 487'. B 790 Santa Barbara Boulevard Dani Boule,urd Rankvtake-1 lannuock Rd 6D 702 E S l.IWI 840 I I 1 0 111 9il 2149 30,7°. B 800 SR -11) SK 21) Temianr, Trad CR 837 (lanes Scenic Dr) X 615A D N 1,01 120 U 0 U 120 780 13 3•'. B 81.0 SR29 SR 29 CK 337 (Janes Seen c DI) 1-75 2U WA D N 900 120 U 0 0 120 780 13 V. B 820 SK29 SR 21) 1.75 Oil Well Road 2U 615.0 I D N 419 120 8 of 69 189 711 21.0°• B 83 0 SR29 SR 21) 0d Well Road CR 29A South 213 (,65A D N 900 280 0 U 0 280 620 31.19• B 840 SR -'9 SK 29 ('K 29A Suw6 91h Street 41) 004 1) W ).7fN) 550 73 () 73 6231 1077 36.6°. 1 B 85 U SR29 SK 29 916 Street ('R 29.4 Norah 2U bo3 D S 400 560 29 0 29 189 311 654'. C 860 SK -19 SR 29 CR 29A Nunh SR 82 213 663 D S 900 %0 11 U 0 500 340 62 2•. C 870 SR29 SR 29 1lcodn County lute SR 82 2U 591.A U S 900 340 0 0 0 340 460 42 5% B $80 SR82 SR 82 Loa Cowty lana SR 29 217 661.4 D S 800 6141 0 0 0 (I M 110 86 39. U 2023 91 0 43 LIS41 Tamwinl Tres Fast Davis Buulc,^md Air n Road 6D 545 F F' '_ 900 17tH) 0 47 47 1.747 1153 (i0 2'. (' 920 47 US41 'I amianu Trail Fut Au art Road Rmif,snxkc f lain -1, Road of) 604 E F 2 900 2320 21 248 209 2, 589 3 f 1 893-. D 202' 93 0 46 LIS41 1311-111, Trail Fast Ritllesroake Hammock Ruad 'rnanele Bmdevard 61) 572 L• E 3,000 1910 W 329 359 2109 731 75 6". U 940 US41 '1 annarm 11rad Fast Tnarrlc Buulevad C'uifier Boulevard oD 571 E F 3.000 1490 8 203 211 1,701 1299 5. 7-, C 0 1 US41 "lannann'rrad Fast Collier BuOlesard Joseph lane 6D 608 D E 3,100 670 171 192 363 1.033 2067 33 393 B 95 2 US41 'I anuanu 17ar1 East Joseph Lara Green-, Road 4D 608 D E 2000 670 171 102 273 943 1057 47.2% B 9i 3 US41 Tanuanu Trail Ease Greet wa Road San Marco I),- 2U 608 D F 1.075 670 171 4 175 845 230 786% D 96 0 IIS41 '1 mm:utu 1'rml Eat San Maio Unw SR 29 2U 617.A D E 1 1,000 220 U 0 I/ 220 780 220'. 8 970 US41 'ranuunu'rrad East SR 29 Dade Cur., Line 2U 616.4 U E 1-0001 190 of U 0 190 810 1 1901. B 980 71 (.IS41 'Ianuann Trail Nunh Lee Cowuv Line W1 • •urs Paas Ruad 61) 546 E N IAN UO 1990 55 8 63 2.053 1047 o6 2% C 990 50 US41 1 iuw Tmd Nu,ih Rte mos Pass Road Inmwkalee Road 613 i64 E N 3ACIG 2530 28 8 36 2,566 534 82 8". D 2021 100.0 45 US41 Inun to Trail Nunh hnnwkalzc Rnad % urde, Ult B -h Road GD 577 E N 3.100 2(4,0 14 0 19 2.079 1021 67 I% C to) U 45 LIS41 "fannaua 'F -I Nmrh Vmrdednh Beach Road Gulf Pulk (hive 6D i63 F N 3.100 2300 0 0 0 2.300 900 74 2•'a C 102.0 IJS41 1 anuann'r.ad North Gulf Park Drive fine Ridee Road 6D 502 1 E N 3.100 1860 1 (1 1 1,861 1239 600% C 1090 Tbontastiun Unve BaNSlwre Drive 'fauu:0m "frail 2V o98 D E 300 470 12 531 0 535 265 06.9°. C 42 65071 CR862 Van l.,lell Beach Road Ciulfslwre Dove 1'anuan. l)ad 2111413 i24 E E 1,401) 1070 0 ol 0 1070 330 76 4% D -109(r 110A 23 67021 CK862 Vwtderbdt Beach Road 1"amianu "rra0 Guodlere-Frartk Road 4D 646 D E 1900 1350 I ol I 1.351 549 71 1`. C' 110.2 23 67021 CK8(,2 Vanderbilt Beech Ko.d Gondletw-Frank Kd Air ort Read 41MA) 666 D @ 2 5001 1700 0 01 1,700 8W 68 0% C Hl 1 I t4 63051 CR862 Vanderbilt Beach Read A.,p,,t Road Livor ,swn Rd (11) 579 F W 3,0001 1890 U U 0 1.890 1110 63.0°. C 111 2 03 63051 CR862 Vand.1alt Beach Read Lvvr stun Rd I_o ao BI,J 6D 6(18 F' E 3.000 1800 W 0 66 1.866 W-1 -1 G_' 2°m C 112.0 24 63051 (R8o2 Vanderbilt Beach Road Lo gat Boole and Collier Boulevard 613 580 F E 3.000 1250 187 2 189 1.439 1i61 430`. B 114 0 25 00ol CR9UI Vanderbilt Unve Bonn. Beach Road Wt•• •ons Pass Kuad '_U 548 D N LOCH) 420 _ 32 34 454 146 4541. B 115.0 69061 CR901 Vatderbtli Drive Wigglers Pass Road I I Ith Avenuc 211 578 U N 1.000 420 3 13 IG 436 564 43 6% B 1160 26 69021 Westclo,r Rd Carson Rd SK 29 213 611 P W 300 210 0 0 U 210 590 26 31. B 100 99929 CR888 Wr • •urs Pas Ruud Vand..bdl Unve Ta ]',all 213 669 U E 1.000 420 5 13 18 438 562 43 8`a B 118.4) Wilson Blvd I-tokelee Road Goldin Gale Blvd I _'U 650 D S 900 260 0 0 0 260 6411 28 119 U G1N44 CR858 Oil Well Ruad Inwwokalee R -d Fver lades Boulevard 4D 725S U E 2 000 490 U 216 216 706 1294 35 ,;••. B 120 0 60044 CR858 Oil \4'ell Road Ener •LJes Desoto '_U 694 D W L I W 220 1) 200 20(1 420 680 38 Y. B MASTER Attachment F-2015(081815) ver (.Ase • • TRIP GENERATION EQUATIONS • • TRIP GENERATION EQUATIONS SELF STORAGE ITE TRIP GENERATION REPORT, 91h EDITION Land Use Weekday AM Peak Hour Weekday PM Peak Hour Weekday Mini -Warehouse (LUC 15 1) T = 0.14 (X) 55%enterin /45% exiting T = 0.26 (X) 50% entering/exitingT = 50 (X) T = Trips, X = 1,000's of sq. ft. of Gross Floor Area Simply Self Storage Land Use WeekdayA.M. Peak Hour'Weekda PX Peak Hour Daily {2-wa ) In Out Total In INt - '.TSI Mini -Warehouse g F6 14 13 13 26 245 (98,000sy. ft.) • 0 • • • PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects, Engineers, Planners and Landscape Architects MEMORANDUM SUBJECT: Conditional Use Application Fee Calculation DATE: September 19, 2016 Conditional Use Application Fee: $ 4,000.00 Fire Code Review Fee: $150.00 Comprehensive Planning Consistency Review: $300.00 Environmental Data Requirements (EIS): $2,500.00 Transportation Methodology Review Fee: $500.00 Transportation Minor Study Review Fee: $750.00 Estimated Legal Fee for Hearing Examiner: $1,150.00 6/30 Pre -Application Fee Credit -$500.00 CONDITIONAL USE APPLICATION FEE TOTAL $8,850.00 A CHECK MADE OUT TO: "COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS" Page I of 1 145 Central Avenue, Naples, Florida 34102 mfernandez0)plan ninadeveloomentinc com Phone 239.263.6934 Fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture State of Florida Corporate Certification of Authorization No's: AA26002158 CA No. 8450 License No. LC0000378 Change Official Zoning Atlas Map #0629N and #0630 8. Legal Description: Lots 1 and 2, Block 1, Naples Manor Addition, according to the plat thereof, recorded in Plat Book 3, Pages 67-68, of the Public Records of Collier County, Florida. Rezoned from C4, General Commercial Zoning District to C4, General Commercial Zoning District subject to the following conditions (CEX-016-SN): a. Shared access shall be provided between the lots with one access point to U.S 41, and a deceleration lane, if possible, may be required, subject to the approvals of FDOT and the County Transportation Services Department. b. Principal structures shall be limited to three stories in height. C. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 2.4.7.4, Alternative B, of the Land Development Code. d. Access onto Floridan Avenue is prohibited. Change Official Zoning Atlas Map #06295 9. Legal Description: Lots 10, 11, and 12, Block 1, Naples Manor Annex, according to the plat thereof, recorded in Plat Book 1, Page l 10 of the Public Records of Collier County, Florida. r� Rezoned from C-4, General Commercial Zoning District to C-4, General Commercial Zoning District subject to the following conditions (CEX-032-SN): 0 a. A landscape buffer shall be provided along the entire frontage of Floridan Avenue in accordance with Section 2.4.7.4, Alternative B, of the Land Development Code. b. Principal structures shall be limited to three stories in height. C. The subject property (all lots combined) shall only be served with one single access onto U.S. 41 East. d. Access onto Floridan Avenue is prohibited. Change Official Zoning Atlas Map #0629N (text taken from OR Book 053 Page 353 and OR Book 053 Page 354) r � • • 0 INSTR 4712352 OR 4812 PG 1159 RECORDED 6/29/2012 2:11 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 527.00 DRAINAGE EASEMENT THIS EASEMENT, given on this til day of V Cr , 2012, from PLANNING DEVELOPMENT, INC., a Florida corporation, whose mailing address is 3560 Kraft Road, Suite 301, Naples, FL 34105 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a Perpetual, Non -Exclusive Drainage Easement over, under, upon and across the lands described in Exhibit "DE" (attache e a part hereof) for the purpose of installing and maintaining and ) of sufficient size and capacity as to allow the historic sto flows through en ditch that currently exists within the properly describ i ' "DE." X \. TO HAVE AND TCS H L t a a to together with the right to enter upon said land an e n age i e( s yet been installed in the above -referenced open fife , pla an ex terials for the purpose of installing and maintaining ` rground drainaip ( Oaf ufficient size and capacity as to not inhibit the histo rmwater flows e open ditch that currently exists. The easement gran ein shall cons ' n easement running with the land and shall burden the land 'car l rte c_�tR IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: DAT olw& I i fitness (Signature) Name (Print or Type) tAllzg Witness (Sig tur ) Name (Print or Type) PLANNING DEVELOPMENT, INC. a Florida corporation By: Nit HAEL R. FERNANDEZ, President THIS C� ACCEPTED THE COLLIER COUNTY, FLO�� PURSUANT TO AGENDA, DATED: iL tTEIA NO. is, 'IS PW&V has been 8cquIr9d under threat of OWKWrmatlon and Is exempt from documentary stamp tax. OR 4812 PG 1160 STATE OF FLORIDA COUNTY OF COLLIER The f egoing Drainage Easement was acknowledged before me this ,5107 day of 2012, by Michael R. Fernandez, as President of Planning Devel�o ment, Inc., a Florida corporation, who: V is personally known to me OR produced identity. (affix notarial seal) NotadeKatenLPeckham - %1.21.6./ My Commission EE ITDa12 Exvres D&O"01 hAAAA Last Revised: 10/15/10 proof of A e lJ- (Signature of of Public) "Xneq L �LIZJ242 (Pant Name of Notary Public) ^^ # (if any): 70 /Z sires: • r� 0 • • *** OR 4812 PG 1161 *** EMISIT X Pap_I- d..�._.. LEGAL DESCRIPTION & SKETCH (NOTA SURVEY) Beginning at the Northeast corner of Lot 1, Block One of Naples Manor Addition, according to the plat thereof, recorded in the public records of Collier County, Florida, in Plat Book 3, Pages 67 & 68; thence South 500 28' 30"West a distance of 200 feet along the Northwesterly line of said Lot 1 to the Northwest corner thereof, thence North 390 31'30" West a distance of 40 feet to the Southwest corner of Lot 12, Block One, Naples Manor Annex, according to the plat thereof, recorded in the public records of Collier County, Florida, in Plat Book 1, Page 110; thence North 500 28' 30" East a distance of 200 feet along the southeasterly line of said Lot 12, to the southeast corner thereof; thence South 390 31' 30" East, a distance of 40 feet to the Point of Beginning. 1 �R co` , r f R NNEX, 1 i P B E 1 0, i r- ING H T z ��^� T RE EC THE i -' PUBLIC C F i COLLIER C RIDA i LL � I W o �- �� 0 A Q CD i 200' i Q ! ! C7 i LOT 1, NAPLES MANOR ADDITION, ! W F } PLAT BOOK 3, PAGES 67 & 68, ! z i ACCORDING TO THE PLAT i > THEREOF RECORDED IN THE i a PUBLIC RECORDS OF i a COLLIER COUNTY, FLORIDA o i o J I LL 1 I I I I I I 1 I I • N SKETCH NOT TO SCALE Collier County Growth Management Division - Transportation Engineering Department 0512511210:55 AM INSTR 4712350 OR 4812 PG 1154 RECORDED 6/29/2012 2:11 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 PROJECT: 51101 LASIP US41 Ditch PARCEL No(s): 167DE North and 167DE South FOLIO No(s): 162150360007, 62150400006, 62090040005 DRAINAGE EASEMENT THIS EASEMENT, made and entered into this �J day of ,.10h e. , 2012, by PLANNING DEVELOPMENT, INC., a Florida corporation, whose mailing address is 3560 Kraft Road, Suite 301, Naples, FL 34105, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: Grantor, for and in consider nTF� LARS ($10.00) and other valuable consideration paid by the Gr , sufficiency of which is hereby acknowledged, hereby con grants, bargain sells unto the Grantee, a Perpetual, Non -Exclusive ainment to ente p and to install and maintain drainage structures and f ciliV'es in t lima d o ditches, swales, earthen berms, rip -rap and retai ing/ s pi es, and various types of water control structures v n r, u o la he ollowing described lands located in Collier County, FrJo �� attached Exhibi( hi orated herein b Subject to easemets(r�servations of record. L`Ij' THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land and to place and/or excavate materials for the purpose of constructing, operating, and maintaining drainage facilities thereon. This easement includes the right to remove and use any and all excavated material. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: Z"JI'm nature) Z&> G�c (P int Name) (Signature) ' rint Name) PLANNING DEVELOPMENT, INC. A Florida corporation By: � .!+ M HAEL R. FERNANDEZ, President THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMOSK MM, COLLIER COUNTY, FLOIIi K PURSUANT TO AGEIgK DATED: .Lu" MW NO -1 �µy This pmpeny ttMmt 0(00rX� *don from doou►nw tory Stamp tax. • • • OR 4812 PG 1155 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Drainage Easement was acknowledged before me this day of rnLn,° , 2012, by Michael R. Fernandez, President of Planning Development, Inc., a Florida corporation, who: 1/ is personally known to me OR produced as proof of identity. (affix notarial seal) Signature of Nota Public) 1/ ,, r If MAA ry Public) Appr �v d as to fbrm and I 1 suff Iciency 9 Jeff E Wright, Assistant County Attorney Last Revised: 10/15/10 # (if any): —f /7 2 - fires: *** OR 4812 PG 1156 *** N EXHIBIT,_,_ _.,.,I w E /PRCE NO. $ 621A50320005 Gj? fEL1 0 40 BD GRAPHICSCALE LOT 11 E I lye f 0 Ee� PARCEL NO. \ \�4q °a`r 62150360007 \ \ q 9 \`�pS PAROCELINO. L�yG \ �p 62150400006BLOC\ (n \\ NAPLES MANOR \ ANNEX. \6\p P.B. 1 PG. 110�y 1670E r'pogTy/ (NORTH) \ ao f1 ��A \/ \ LOTS 1, 2 ANDTHE\ lyOx *11! R NORTHERLY 48.5' \ \ OF LOT 3 ApPARCEL N0. 3 \ P. B. 67\ 62090040005 \ L LI E LEGEND R/W a RIGHT-OF-WAY C 1670E O.R. = OFFICIAL RECORDS BOOK 0 SOUT H Qf f +ti PG. = PAGE y ( ell 9��y P.B. = PLAT BOOK A.K.A. - ALSO KNOWN AS NO. = NUMBER S.R. STATE ROAD ® DRAINAGE EASEMENT (DE) - C I \ LOT 4 AND THE SOUTHERLY 67.75' s?s \ OF LOT 3 \ \ PARCEL NO. LEGAL DESCRIPTION \ \ 62090120006 PARCEL 167DE \ A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA. 167DE (NORTH): THE WESTERLY 5.00 FEET OF LOT 11 AND THE WESTERLY 5.00 FEET OF THE NORTHERLY 68.00 FEET OF LOT 12, TOGETHER WITH THE WESTERLY 11.00 FEET OF THE SOUTHERLY 37.00 FEET OF LOT 12, BLOCK ONE, AS SHOWN ON THE PLAT OF NAPLES MANOR ANNEX, RECORDED IN PLAT BOOK 1, PAGE 110, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 1272.0 SQUARE FEET MORE OR LESS. TOGETHER WITH 167DE (SOUTH): THE WESTERLY 11.00 FEET OF LOTS 1 AND 2 AND THE WESTERLY 11.00 FEET OF THE NORTHERLY 48.5 FEET OF LOT 3, BLOCK ONE. AS SHOWN ON THE PLAT OF NAPLES MANOR ADDITION, RECORDED IN PLAT BOOK 3, PAGE 67, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 3091.0 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW FEB _ y 2011 MICHAEL A. WARD PROFESSIONAL SURVEYOR AND MAPPER LSI 5301 DATE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER THIS IS NOT A SURVEY l—, 27. — ..:" AY Y.\)CCI\C.N2C NCO MyY. Ww a4. AnC YS -11 PYA Cw'^ r~)\I:mI 3yI(. AM MF.' OwoWM �%P— AN 9Na*Y.Y1f57 h 17911Noc..s PROJECT: LASIP - NAPLES MANOR DITCH SKETCH AND LEGAL DESCRIPTION .0Z341 T7j >a'9191►y9 4 PARCEL 167DE (DRAINAGE EASEMENT) 9910wlmP kD`I..SW. 200 N.oln. FIH(E.31109 PREPARED FOE: COLLIER COUNTY Pt—'. (23919974575 FAX; 1279) 597-0579 LBN.zOM JOB NUMBER REVISION I SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY I FILE NAME SHEET 990220.02.00 0 29 50S 26E I I' = 80' 1/24/11 R.A.K. 167DE 1 OF 1 Cl • • FLORIDA DEPARTMENT OF STATE David E. Mann Secretary of State DIVISION OF HISTORICAL RESOURCES Ms. Kelly Foote Planning Development Incorporated 5133 Castello Drive, Suite 2 Naples, Florida 34103 RE: DHR Project File Number: 2005-11835 Received by DHR November 14, 2005 IPL 2016 000 3180 East Naples Self Storaae (LU) , 11201 Tamiami Trail East Collier County Dear Ms. Foote: December 7, 2005 Historical Archeological Resources Exhibit In accordance with the procedures contained in the applicable local ordinance or land development code, we reviewed the referenced project for possible impact to cultural resources (any prehistoric or historic district, site, building, structure, or object) listed, or eligible for listing, in the National Register of Historic Places, or otherwise of historical, archaeological, or architectural value. We have reviewed the Florida Master Site File and our records and no cultural resources are known to exist in the area of potential effect. Therefore, based on the information provided, it is the opinion of the office that no cultural resources will be affected by this undertaking. For future submittals, please be sure that the cover letter indicates the correct Section -Township- Range number and include a USGS map with the site plotted. If you have any questions concerning our comments, please contact Scott Edwards, Historic Preservationist, by electronic mail sedwards a dos.state ft us, or at 850-245-6333 or 800-847-7278. Sincerely, Frederick P. Gaske, Director, and State Historic Preservation Officer 500 S. Bronough Street • Tallahassee, FL 32399-0250 - http://www.flheritage.com O Director's Office O Archaeological Research ® Historic Preservation O Historical Museums (850) 245-6300 - FAX: 245-6436 (850) 245-6444 - FAX: 245-6436 (850) 245-6333 - FAX: 245-6437 (850) 245-6400 - FAX: 245-6433 O Southeast Regional Office O Northeast Regional Office O Central Florida Regional Office (954) 467-4990 - FAX: 467-4991 (904) 825-5045 - FAX: 825-5044 (813) 272-3843 0 FAX: 272-2340 0 0 • • • MP 50 NP 52 • Im. * -, USGS BELLE MEADE: DATA SHEET General Description: This quadrangle is located within the Marine and Flatwoods environmental zones. It includes mangroves and sahwater marsh along the coast in the southwest sector of the map, better drained sandy soils near US 41, and broad expanses of pine/pahnetto flatwoods and freshwater marshes to the east. US 41/SIS 90 rims northwest -southeast from East Naples through the center of the quadrangle, and SR 951 runs north -south (to Key Marco). Henderson Creek, ' draining in a southwesterly direction, crosses the community of Belle Meade and empties into Rookery Bay. Another natural feature, "Rattlesnake Hammock," lies in the northwest quadrant; it may be the remnant of a once -extensive hammock. Development, in the form of residential suburbs and ditched agricultural fields, is rapidly extending outward from both US 41 and SR 951. Previous Work: Seven archaeological/historical surveys have been conducted within this quadrangle. Four were linear surveys, and include three which focused along US 41/SR 90 (#564 } - Morrell and Browning1978, #3465 - Almy, Deming, and Schwartz 19939 and #4575 - Browning and Wiedenfeld 1986); the other was a proposed pipeline (#257 - Martinez and Wells 1977). No sites were recorded as a result of these surveys. A 1996 survey of the Whistler's Cove tract (#4535 - Almy 1996b) revealed no new sites and concluded that previously recorded 8CR711 was not a site. "It [was] merely a shell scatter associated with a spoil bank resulting from the construction of a ditch." Several other parcels within this quad surveyed during the Phase I survey of the County (#2934 - AHC 1991) recorded five sites. Finally, the archaeological inventory of the Rookery Bay C.A.R.L. survey (#3904 - Weisman and Newman 1995) resulted in the recording of four sites in 1995. Previously Recorded/Reported Sites: A total of 17 cultural resources have been recorded; these include 13 prehistoric sites, three historic sites, and one cemetery. The prehistoric archaeological sites include six black dirt middens, four shell middens, two shell scatters, and one burial mound. These Have been plotted on the Probability Maps. Discussion/Recommendations: The predictive model identified much of the southwest quarter of the map as a probability zone. This area, which . borders Rookery Bay, Johnson Bay and Henderson Creek (south of US 41), is shaded on the Probability Map. Other potential site locations (probability zones) identified by the predictive model are delimited to the north These shaded areas are, for the most part, hammocks adjacent to freshwater sources such as sloughs, ponds, and marshes. The specific locations correspond to discrete areas of rapidly drained hammock soils known to be frequently associated with prehistoric sites. Thus, all shaded areas are recommended for professional archaeological survey. In addition, the Rattlesnake Hammock area is also believed to have the potential for historic period archaeological resources. According to historian Chariton Tebeau, in March 1837 the US Army established "Old" Fort Foster on Rattlesnake Hammock. "This was an oval shaped stockade with a small creek flowing through one edge. It stood on an old Indian trail from the head of Henderson Creek northward to Bonita Springs and Fort Myers" (Tebeau 1957:39). Old Fort Foster is an as yet undocumented site which is believed to have the potential to yield information of significance to local and regional history, specifically relating to the Seminole War period. Systematic professional archaeological survey in the Rattlesnake Hammock area is recommended, in order to locate and assess the probable site of Old Fort Foster. Finally, all previously recorded archaeological sites are recommended for relocation and evaluation of their significance by means of professional archaeological survey. USGS BELLE MEADE: SITE INVENTORY SHEET Site No. Site Name s Comments CR00371 White River 1 A CR00556 Hunting Camp Hamrnock A CR00557 Palmetto Cluster C CR00710 Proque Pig A CR00711 Maybeea G CR00714 Shell Island 1 _ B CR00715 Shell Island 2 B CR00716 Hall Bay Cabin 7 CR00717 Bolger Place (Henderson.Creek Cabin) 7 CR00718 Oncewasa . A CR00719 Golf Ball A CR00726 Buschelman A CR00728 Kirkland Place G CR00778 Ernie Carroll B CR00782 Hall Bay #2 7 CR00784 Shell Island B CR00754 Kirkland Cemetery 8 • • • AFFIDAVITOF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the countv to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance t3fguatulc of lAppflcam) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this 27th 4ay of October, 2016 by Theresa Fernandez, Managing Member of 1080 Central, LLCvho is personally known;t to me or who has produced (Signature of Notar Public) Alma Topollaj Printed Name of Notary G',NIM Prcmedures,Aftidavit Of Compliance - NIM Oct2(110Dac as identification. (Noum- Seal) M TQPOIW MY COMMISSION t FF 905874 ?r. EXPIRES: August 3, 2018 8pmded ihN Nolzry Pubbc Utderwitars PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects, Engineers, Planners and Landscape Architecture October 27, 2016 Dear Property Owner: Please be advised that a formal application has been submitted to Collier County seeking approval of C-4 General Commercial Zoning District Conditional Use No. 24 Self -Storage for the following described property: 11201 Tamiami Trail East, Naples, FI 34113; located between US 41 East and Floridan, in the vicinity of Sholtz and Carlton Streets on approximately 2.4 acres. The subject property is zoned C-4 commercial which supports a wide variety of commercial intensity, inclusive of retail, restaurant and office uses. The proposed use is limited to a self storage facility, is a less intensive use, and requires a Conditional Use Approval. This process reviews for appropriateness of the proposed use and general compatibility. The public access to the site is restricted to US 41 E; access to / from Floridan Ave is prohibited. The building is limited to internal site access for storage and is a very passive land use as evidenced by the building's limited need for access and parking - only 8 parking spaces are required. The building's proposed floor area is limited to a maximum of 92,000 square feet. The proposed site plan provides extensive buffering and landscaping to the building. The maximum height of the building, as defined by the Collier County Land Development Code, will be limited to less than 35 ft, with associated frontage setbacks of 25 feet/30 feet average, the same or more restrictive than building height and setbacks of the residential zoning in the vicinity. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to become familiar with the specifics of the proposed development. The Neighborhood Information Meeting will be held on November 14, 2016 at 5:30 pm. The meeting will be held at the East Naples Branch Library, located at 8787 Tamiami Trail East, Naples, FL, 34113. At this meeting the petitioner will have site plan and architectural exhibits of the proposed development. Should you have questions prior to the meeting, please contact our office at (239) 263-6934. Sincerely, PLANNING DEVELOPMENT INCORPORATED 7A�� 140 Michael R. Fernandez, RA AICP President 145 Central Avenue, Naples, Florida 34102 mfernandez(a)olanninadeveloomentinc.com 239.263.6934 fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture Florida Corporate Certificate of Authorization No's: AA26002158 CA No. 8450 LC0000378 0 0 0 PL20160001380 500 Foot Buffe, Page 1 of 2 9/27/2016 RECKEY NAME1 NAME2 NAME3 NAME4 NAMES NAMF6 SECT TWP RANGE'BLOCKBLDG LOTUNIT 60783240004 11222 TAMIAMI LLC 512 ROUTE 28 WEST YARMOUTH, MA 02673---4945 29 50 26 D 8 60783160003 11226 TTE LLC 4241 CORPORATE SQUARE NAPLES, FL 34104---0000 29 50 26 D 6 62153370007 AGUIRRE, MARIEL & ALBERTINA 5205 HOLLAND ST NAPLES, FL 34113---8757 29 50 26 6 25 62156480004 ALBRECHT, ANGELA 5218 SHOLTZ ST NAPLES, FL 34113---0000 29 50 26 10 5 62090320000 ANGELES, EVELfA 5288 FLORIDAN AVE NAPLES, FL 34113---8713 29 50 26 2 1 62091600004 ARROYO, M16UEL 5217 MARTIN ST NAPLES, FL 34113---7743 29 50, 26 3' 22 439000008 AUTUMN BLOSSOMS NAPLES ONE LLC 1010 5TH AVE S # 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PINK HOUSE PROPERTIES LLC PO BOX 1384 NAPLES, FL 34106---0000 29 50 26 3 1 62090920002 PRIETO, MARIA TERESA ANDRES GAMBARDELLA 4325 22ND AVE NE NAPLES, FL 34120---8998 29 50 26 3 3 62091760009 RAMIREZ, LISBET OGAZA 5298 FLORIDIAN AVE NAPLES, FL 34102---0000 29 50 26 3 26 62153240001' RICO, LUIS ANTONIO AVILA MA LUISA AVILA DURAN 5221 HOLLAND ST NAPLES, FL 34113---0000 29 50' 26 6. 21 6 2155360002 RIVERS, CLARENCE & RITA 5270 FLORIDAN AVE NAPLES, FL 34113---8712 29 50' 26 9 1 62153380000 RODRIGUEZ, CESAR & HORTENCIA 5201 HOLLAND ST NAPLES, FL 34113---8757 29 50 26 6 26 62091120005�SAINTIL, FLARIL 5230 CARLTON ST NAPLES, FL 34113---8768 29 50 26 3 8 62090480005 SALINAS, JUAN G & MARIA R 5217 CARLTON ST NAPLES, FL 34113---8769 29 50 26 2 5 62091520003 SANCHEZ, ANASTACIO 5225 MARTIN ST NAPLES, FL 34113---0000 29 50 26'.. 3 20 62091880002 SANCHEZ, FANNY MERLY NUNEZ 5210 MARTIN ST NAPLES, FL 34113---7782 29 50 26 4 3 62090400001 SANTIAGO, ANGEL SANTIAGO, MARIO SANTIAGO, 105E LUIS 5209 CARLTON ST NAPLES, FL 34113---8769 29 50 26' 2 3 62091920001 SHOWALTER, SIDNEY H 7399 MILL POND CIR NAPLES, FL 34109---1734 29 50'. 26 4 4 62156520003 ST LOUIS, SMITH & MARIE 5220 SHOLTZ ST NAPLES, FL 34113---8760 29 50 26 10, 6 62090880003 STATON, RAYMOND W 2731 13TH ST N NAPLES, FL 34103---4531 29 50 26 3 2 62156320009 STURGILL, EDDIE RAY 329 RICHARDS ROAD ROGERSVILLE, TN 37857---0000 29 50 26 9 26 62090960004 TEDDY 3444 LLC 3444 S SADLIER DR INDIANAPOLIS, IN 46239---1222 29 S0 26 3 4 62090440003 TREJO, RAYMUND T 5213 CARLTON ST .NAPLES, FL 34113---8769 29 SO 26. 2 4 60786000005 U 5 A L INC 11200 TAMIAMI TRL E NAPLES, FL 34113---7754 29 50 26 G 10 62155440003 ULLAH, NAIEEB 11163 TAMIAMI TRL E NAPLES, FL 34113---7751 29 50 26' 9 3 62155480005 ULLAH, NAJEEB 261 PINE VALLEY CR NAPLES, FL 34113---0000 29 50 26 9 4 62092760008 VIACAVA, CARLA S 5205 HARDEE ST NAPLES, FL 34113--7729 29 50 26 4 25 62091000002 WALKER SR, WILLIAM D 5218 CARLTON ST NAPLES, FL 34113---8768 29 50 26 3 5 62092720006 WESTGATE, GEORGE A & ANN M 14500 TAMIAMI TRL E # 134 NAPLES, FL 34114---8428 29 50 26 4 24 62155560006 WRIGHT, LLOYD 0 SOPHIA GOODMAN 3598 TREASURE COVE CIR NAPLES, FL 34114---3990 29 50 26" 9 7 62152540003 ZEPEDA, ANDER) & RAMONA 5206 CALDWELL ST NAPLES, FL 34113---8752 29 50 26 6 2 0 0 0 6/16/2016 Collier County, FL: Civic Associations Civic Associations For corrections/updates please contact LavahHetzel@colliergov.net • Search the Collier County Civic Associations Listing: Association Type CIVIC Search District: Search Association Name: Search Address: Search Officer Name (First or Last): Search Click on row in search results below to view / edit record. Details of selected organization will display here. ID First Name Last Name Organizatio Address District ID: 59 n Title: Mr. 37 Jan Malat Sunset Way t,ien Hroor 3 First Name: Ted Rotary Club Last Name: Beisler Save the Position: President 44 Marilyn Tempest Bas Association, 2775 Leeward Lane 4 Organization: East Naples Civic Association, Inc. Inc. Street 4784 Inverness Club Drive Area Agency Address: 45 Legh Wade- on Aging for 2285 First Street 0 Unit or Suite: Schield Southwest City: Naples Florida, Inc. Zip: 34112 46 Marc! Sanders SAWCC, Inc. P.O. Box 10102 4 Phone No.: 239-73246700 x12 The Conservancy Fax No.: 239-7326402 50 Gave L. Salerno of 1450 Merdhue Drive 4 Email: Southwest Florida District: 1 • Organization Civic The Type: 51 Alejandro Castillo Salvation 3180 Estey Avenue 4 Army Collier 57 James H. Elson County 680 8th Ave. S. 4 Veteran's Council r -----------i East Naples 59 Ted Beislar Civic 4784 Inverness Club 1 Association. Drive ' ------------ Inc. Isles of Capri 67 Kirk P. Colvin Civic 338 Capri Blvd. 1 Association Kiwanis Club 200 Copperfield T4 Chuck Hall Of Marco Court 1 Island 0�e_nCivic~ ssc�cir�i^iorT I,isfi.nc/ Editor (Login Required) • http:/lwww.colliergov.net/yotu-government/divisions-a-e/board-of-county-commissionerslcivic-associations 1/1 NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood information meeting held by 1080 Central LLC, represented by Michael R. Fernandez, RA AICP of Planning Development Incorporated, on: Date: Monday, November 14, 2016 at 6:30 p.m. East Naples Branch Library 8787 Tamiami Trail East Naples, FL, 34113 The site is located between US 41 East and Floridan Avenue, in the vicinity of Shollz and Carlton Streets on approximately 2.4 acres. The subject property is zoned C-4 commercial which supports a wide variety of commercial intensity, inclusive of retail, restaurant and office uses. The proposed use is limited to a self storage facility, is a less intensive use, and requires a Conditional Use Approval. This process reviews for appropriateness of the proposed use and general compatibility. Site Location Map RAMASHA[E HARM OCK ap p � et�ton d � U" s y TisI �.rwe vrw n�, ruin 4)13k tM0 The public access to the site is restricted to US 41. The building is limited to internal site access for storage and is a very passive land use as evidenced by the building's limited need for access and parking - only 8 parking spaces are required. The building's proposed floor area is limited to a maximum of 92,000 square feet. The proposed site plan provides extensive buffering and landscaping to the building. The maximum height of the building, as defined by the Collier County Land Development Code, will be limited to less than 35 ft, with associated frontage setbacks of 25 feet/30 feet average, the same or more restrictive than building height and setbacks of the residential zoning in the vicinity. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the Conditional Use petition and associated plans with the owner/developer representatives and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, fax or email by December 14, 2016 to: Daniel Smith AICP, Principal Planner Collier County Department of Land Development Services 2800 North Horseshoe Drive, Naples, Florida 34104 / Fax: (239) 252-6358 DanielSmith@colliergo_y.net- Phone No. (239) 252-4312 OCTOBER, 21, 2016 NO. 1319427 • �J Thursday, 10/27/2016 Pag.Al2 (c) Naples Daily News 0 19 3 i9 S ,a'e ie r q .eC I ';I z L 1 Z 1 uioJ r �n .nG�xa 1 v �111A^ .i.,,v�fi„oa,b 7 x ac _ 11222 TAMIAMI LLC 512 ROUTE 28 11226 TTE LLC AGUIRRE, MARIEL & ALBE RTINA 4241 CORPORATE SQUARE 5205 HOLLAND ST WES-L YARMOUTH, MA 02673---4945 NAPLES, FL 34104-- 0000 NAPLES, FL 34113---8757 ALBRECHT, ANGELA 5218 SHOLTZ ST NAPLES, FL 34113DECO AUTUMN BLOSSOMS NAPLES ONE LLC 1010 STH AVE S Jt 302 NAPLES, FL 34102---0000 BILZON, LOUVENS 5221 MARTIN ST NAPLES, FL 34113---0000 BRITO, MARIA 5270 BERKELEY DR NAPLES, FL 34112---5471 CARRILLO, JUAN A SAYRA L TRINIDAD ESTRADA 5206 MARTIN ST NAPLES, FL 34113---0000 DAIDONE, GRAZIA ADELINA 11238 TAMIAMI TRI. E NAPLES, FL 34113---7752 DUCLONA, DANIEL JASMIN GATANY 5222 HOLLAND ST NAPLES, FL 34113--0000 FRANCOIS, PREVILUS 5225 CARLTON ST NAPLES, FL 34113---0000 GONZALEZ, JOSE LUIS HERNANDEZ, MARIA GUADALUPE 5210 CALDWELL ST NAPLES, FL 34113---8752 ANGELES, EVELIA 5288 FLORIDAN AVE NAPLES, FL 34113---8713 BARMAS, PEDRO R 5217 HARDEE ST NAPLES, FL 34113---7729 BOCOCK, AGNES V & JOHN D 2469 KINGS LAKE BLVD NAPLES, FL 34112---5408 CAMPOS, JORGE V & MARTA 1 5222 CARLTON ST NAPLES, FL 34113---0000 CASARES, ELMER 5213 SHOLTZ ST NAPLES, FL 34113---8761 DE TRINIDAD, ROBERTO & MIREYA 5225 SHOLTZ ST NAPLES, FL 34113---8761 FAIR N SQUARE DEALS LLC 3960 RADIO RD It 202 NAPLES, FL 34104--0000 GARCIA, RAMON 5209 HOLLAND ST NAPLES, FI- 34113--8157 GONZALEZ, VICTOR & JUANA 5260 FLORIDAN AVE NAPLES, FL 34113---8711 ARROYO, MIGUEL 5217 MARTIN ST NAPLES, FL 34113--7743 BENITEZ, JUANA 5222 MARTIN ST NAPLES, FL 34113 --7782 BOWFIN, LLOYD L 10021 GULF SHORE DR NAPLES, FL 34108---2023 CAROLE CONST OF NAPLES INC 1100 CYPRESS WOODS DR NAPLES, FL 34103---3863 CASTILLO, ANIBAL 5213 HARDEE ST NAPLES, FL 34113---7729 DIPRENA, OSMATH DJOULIE ADEKA 5213 MARTIN ST NAPLES, FL 34113---0000 FLORES, JESUS BLANCA ESTE LA ORTEGA GUERRERO 5205 CARLTON ST NAPLES, FL 34113---8769 GONZALES, DAMARtS MARTINEZ 5221 CARLTON ST NAPLES, FL 34113--8769 labe l e f r 2 -IS" Pa'.L' Lth AveI,,-'5'60,'8160 ErgLetie d 'r -iFT 25 1� r Y 6. - m co PaTb l av9c } 5160:8160 GREEN, EUGENE & SHARON E 5310 FLORIDAN AVE NAPLES. FL 34113---7712 GROWTH MANAGEMEN 1- DEPARTMEN f GIS/CAD MAPPING SECTION GIS PROCESSING REQUEST Property Notification Address Listing ( Does not include Civic or Homeowner Associations) Date: 9-26-16 Requester's Name: Michael Fernandez / Plannih9 Development Inc Phone: 239-263-6934 Folio number of Property (or PUD name): 62090040005 Site address of Property: 11201 Tamiami Trail E, Naples FI 34112 Legal Description of Property: 62090040005 Or AR/PL Number How many Feet Buffer around Property? 150 F] 500 Fol 1000 F] Include the Properties. Internal External a Results: Names and Addresses Only X or Names, Addresses, and Legal Descriptions Processing fees: 1. Spreadsheet (MS Excel) on Disc $70.00 2. Print out of Spreadsheet on Paper $75.00 -- 5c for every record over 1500 3. Mailing labels 580.00 + tic for every record over 1500 100 4. Spreadsheet + Mailing Labels $85.00 + I I c for every record over 1500 ULLAH, NAJEEB 261 PINE VALLEY CR NAPLES, FL 34113 0000 WESTGATE, GEORGE A & ANN M 14500 TAMIAMI TRL E N 134 NAPLES, FL 34114---8428 VIACAVA, CARLA S 5205 HARDEE ST NAPLES, FL 34113--7729 WRIGHT, LLOYD 0 SOPHIA GOODMAN 3598 TREASURE COVE CIR NAPLES, FL 34114---3990 78 total address labels WALKER SR, WILLIAM D 5218 CARLTON ST NAPLES, FL 34113---8768 ZEPEDA, ANDERI & RAMONA 5206 CALDWELL ST NAPLES, FL 34113---8752 0913/09t5�tom ,gxwm9ZInuotImepnbq 09 gioq, tq� IJ4AV g11M Ig1,edw0; ,475 Z X,L Rzls IRgei HIDALGO, WILLIAN 5218 MARTIN ST HOLISTIC HEALTH HEALING INC NAPLES, FL 34113---7782 11238 TAMIAMI TRL E NAPLES, FL 34113---7752 JIMENEZ, JUAN A L & R RAM LLC LEON, GLADYS 5229 CARLTON 5T 11225 TAMIAMI TRL E NAPLES, FL 34113--8769 NAPLES, FL 34113--7751 LEROY H HUENEFELD III RV TRUST LORETTA M HUENEFELD REV TRUST 521 NEAPOLITAN LN NAPLES, FL 34103---8532 LOUISMAR, CHRISTIAN MARIE LOUISMAR 5230 SHOLTZ ST NAPLES, FL 34113---8760 MENDES, ANTONEC 2256 TAMIAMI TRL E NAPLES, FL 34112---4706 NAPLES, LODGE 2010 BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE USA INC 11250 TAMIAMI TRL E NAPLES, FL 34113---7779 OCTAVE, GUILEPPE & ISABELLE 5206 HOLLAND ST NAPLES, FL 34113---8756 PANTOJA, HERNAN & MARTHA 941 9TH ST SW NAPLES, FL 34117--2216 ULERENA, RAMIRO E & MARTHA R 115 PRICE ST NAPLES, FL 34113---8436 LUCKY REALTY LLC 2415 HARPER ST TAMPA, FL 33605--0000 MORALES, MIRIAM YADIRA MORALES 5229 SHOLTZ ST NAPLES, FL 34113---8761 NAVARRO, OSMANI & JUDITH 5209 MARTIN ST NAPLES, FL 34113---7743 OGER, JOIVIL 5205 MARTIN ST NAPLES, FL 34113---7743 PIERRE, GERARD & ROSITA 5213 HOLLAND ST NAPLES, FL 34113---8757 iNTERAMERICAN BAK FSB 9190 SW 24TH ST MIAMI, FL 33165--2049 LANDEROS, JOSE RUIZ OLIVIA BARCENAS DE RUIZ 5209 SHOLTZ ST NAPLES, FL 34113---8761 LOPEZ, JOSE L SANTIAGO ROSALBA REYES BAUTISTA 5217 SHOLTZ ST NAPLES, FL 34113---8761 MATTAMANA, VARGHESE CHINNAMMA MAITAMANA 210 16TH ST NE NAPLES, FL 34120 --- 0000 NAPLES MANOR RENTAL LLC P 080% 9684 NAPLES, FL 34101---0000 NWFP HOLDINGS CORP 11163 TAMIAMI TRL E NAPLES, FL 34113---7751 PADIN, ESLANDI& MERCEDES 5214 SHOLTZ ST NAPLES, FL 34113---8793 PINK HOUSE PROPERTIES LLC PO BOX 1384 NAPLES, FL 34106---0000 8918 0� Io WAH as-Iq.!e! 0 WU, zg x ❑10.1 9Z 12piJpt ap atlan0g3 PRIETO, MARIA TERESA 03i B/O,9 L 9� clary QIIA" R!G-}ed ijoo „B79 Z x ., i ;,7m I2gt c RICO, LUIS ANTONIO AVILA SALINAS, JUAN G & MARIA R SANCHEZ, FANNY 5217 CARLTON ST SANCHEZ, ANASTACIO MERLY NUNEZ NAPLES, FL 34113--8769 5225 MARTIN ST 5210 MARTIN ST 4325 22ND AVE NE NAPLES, FL 34113---0000 NAPLES, FL 34113---7782 SANTIAGO, ANGEL SHOWALTER, SIDNEY H ST LOUIS, SMITH & MARIE SANTIAGO, MARIO 7399 MILL POND CIR 5220 SHOLTZ ST SANTIAGO, JOSE LUIS NAPLES, FL 34109 ---1734 NAPLES, FL 34113---8760 5209 CARLTON ST RODRIGUEZ, CESAR & HORTENCIA SAINTIL, FLARIL NAPLES, FL 34113---8769 STATON, RAYMOND W STURGILL, EDDIE RAY TEDDY 3444 U -C 2731 13TH ST N 329 RICHARDS ROAD 3444 S SADLIER DR NAPLES, FL 34103--4531 ROGERSVILLE, TN 37857 --DODD INDIANAPOLIS, IN 46239--1222 TREJO, RAYMUND T U S A L INC ULLAH, NAJEER 5213 CARLTON ST 11200 TAMIAMI TRL E 11163 TAMIAMI TRL F NAPLES, FL 34113---8769 NAPLES, FL 34113---7754 NAPLES, FL 34113--775; ULLAH, NAJEEB 261 PINE VALLEY CR NAPLES, FL 34113 0000 WESTGATE, GEORGE A & ANN M 14500 TAMIAMI TRL E N 134 NAPLES, FL 34114---8428 VIACAVA, CARLA S 5205 HARDEE ST NAPLES, FL 34113--7729 WRIGHT, LLOYD 0 SOPHIA GOODMAN 3598 TREASURE COVE CIR NAPLES, FL 34114---3990 78 total address labels WALKER SR, WILLIAM D 5218 CARLTON ST NAPLES, FL 34113---8768 ZEPEDA, ANDERI & RAMONA 5206 CALDWELL ST NAPLES, FL 34113---8752 0913/09t5�tom ,gxwm9ZInuotImepnbq 09 gioq, tq� IJ4AV g11M Ig1,edw0; ,475 Z X,L Rzls IRgei HIDALGO, WILLIAN 5218 MARTIN ST HOLISTIC HEALTH HEALING INC NAPLES, FL 34113---7782 11238 TAMIAMI TRL E NAPLES, FL 34113---7752 JIMENEZ, JUAN A L & R RAM LLC LEON, GLADYS 5229 CARLTON 5T 11225 TAMIAMI TRL E NAPLES, FL 34113--8769 NAPLES, FL 34113--7751 LEROY H HUENEFELD III RV TRUST LORETTA M HUENEFELD REV TRUST 521 NEAPOLITAN LN NAPLES, FL 34103---8532 LOUISMAR, CHRISTIAN MARIE LOUISMAR 5230 SHOLTZ ST NAPLES, FL 34113---8760 MENDES, ANTONEC 2256 TAMIAMI TRL E NAPLES, FL 34112---4706 NAPLES, LODGE 2010 BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE USA INC 11250 TAMIAMI TRL E NAPLES, FL 34113---7779 OCTAVE, GUILEPPE & ISABELLE 5206 HOLLAND ST NAPLES, FL 34113---8756 PANTOJA, HERNAN & MARTHA 941 9TH ST SW NAPLES, FL 34117--2216 ULERENA, RAMIRO E & MARTHA R 115 PRICE ST NAPLES, FL 34113---8436 LUCKY REALTY LLC 2415 HARPER ST TAMPA, FL 33605--0000 MORALES, MIRIAM YADIRA MORALES 5229 SHOLTZ ST NAPLES, FL 34113---8761 NAVARRO, OSMANI & JUDITH 5209 MARTIN ST NAPLES, FL 34113---7743 OGER, JOIVIL 5205 MARTIN ST NAPLES, FL 34113---7743 PIERRE, GERARD & ROSITA 5213 HOLLAND ST NAPLES, FL 34113---8757 iNTERAMERICAN BAK FSB 9190 SW 24TH ST MIAMI, FL 33165--2049 LANDEROS, JOSE RUIZ OLIVIA BARCENAS DE RUIZ 5209 SHOLTZ ST NAPLES, FL 34113---8761 LOPEZ, JOSE L SANTIAGO ROSALBA REYES BAUTISTA 5217 SHOLTZ ST NAPLES, FL 34113---8761 MATTAMANA, VARGHESE CHINNAMMA MAITAMANA 210 16TH ST NE NAPLES, FL 34120 --- 0000 NAPLES MANOR RENTAL LLC P 080% 9684 NAPLES, FL 34101---0000 NWFP HOLDINGS CORP 11163 TAMIAMI TRL E NAPLES, FL 34113---7751 PADIN, ESLANDI& MERCEDES 5214 SHOLTZ ST NAPLES, FL 34113---8793 PINK HOUSE PROPERTIES LLC PO BOX 1384 NAPLES, FL 34106---0000 PRIETO, MARIA TERESA RICO, LUIS ANTONIO AVILA ANDRES GAMBARDELLA RAMIREZ, LISBET OGAZA MA LUISA AVILA DURAN 4325 22ND AVE NE 5298 FLORIDIAN AVE 5221 HOLLAND ST NAPLES, FL 34120--8998 NAPLES, FI34102--0000 NAPLES, FL 34113--0000 RIVERS, CLARENCE & RITA RODRIGUEZ, CESAR & HORTENCIA SAINTIL, FLARIL 5270 FLORIDAN AVE 5201 HOLLAND ST 5230 CARLTON ST NAPLES, FL 34113---8712 NAPLES, FL 34113---8757 NAPLES, FL 34113---8768 lab I we 1" x2 b 8 ompat:hl .dh Azer,'5160.3160 label size 1" x 2 5B" compatible With Avery ``516018168 -Eouette de .,rmat 25 mm 67 mm nemaat ble avec Aa r,"5169C3160 ® Etiquette de format 25 mm x 67 mm cemoatihle avec Avery 05160/8160 EAST NAPLES SELF STORAGE CONDITIONAL USE (CU) Project Number: PL2016 0001380 Neighborhood Information Meeting held at the East Naples Public Library Monday, November 14, 2016 J 5:30 pm MEETING SUMMARY NOTES Attendees: COLLIER COUNTY: Daniel Smith, AICP, Planner, Collier County Growth Management Division PROPERTY OWNER REPRESENTATIVES: Michael R. Fernandez, RA AICP, President, Planning Development Incorporated Terri Fernandez, Vice President, Planning Development Incorporated PROJECT CONSULTANTS: Brian Sperber, Associate Architect, MHK Architects and Planners ATTENDANCE: Two (2) family residents; Address: 5288 Floridan Avenue The Neighborhood Information Meeting began at 5:30 p.m. and ended at approximately 5:45 p.m. Mr. Michael Fernandez opened the meeting by introducing himself, Dan Smith, County Planner, and Brian Sperber, Associate Architect with MHK Architecture, the project's architect. isMr. Fernandez explained the County's requirement for the NIM meeting and its process. He then gave an overall description of what is proposed as a 3 -story, internal access to storage only project, its location and some of the attributes; which included building height, no exterior overhead doors, passive use that only requires 8 parking spaces and 5 loading spaces, landscaping, buffers, water management and preserve areas. The rear Type B Buffer was also explained in detail as to the required size and spread of the hedge and trees. It was also noted that there is no rear access to the project; except for emergency vehicles only. • The two neighborhood guests at the meeting listed the same address at 5288 Floridan Avenue, across the street from the project. They were glad to see that the property would be developed with a project that would be removing opportunities for homeless (expressed as an ongoing cause for concern) and replacing the existing ditch with an underground pipe for drainage. Mr. Sperber briefly discussed the architectural design standards and summarized some of the architectural features, color scheme, and glazing details of the project; similar in design theme to the recently completed Hyatt House Hotel and ongoing construction of Naples Square, both of which were designed by MHK Architecture. The meeting was opened for questions from the guests and Mr. Fernandez elaborated a few of the earlier points. Mr. Sperber reviewed the renderings with those attending and they commented that the project looked nice and there were no objections or negative comments. The meeting ended at approximately 5:45 pm by Mr. Michael Fernandez. End of Meeting Notes Document Prepared By: Page l of 1 Planning Development Incorporated 145 Central Avenue, Naples, Florida 34102 T:239-263-6934 F:239-263-6981 PLANNING DEVELOPMENT INCORPORATED Development Consultants, Architects, rngi,neers, Planners and Landscope Architecture November 15, 2016 Mr. Daniel J. Smith, AICP Principal Planner Collier County Growth Management Division via email to dansmith(acollierctov.net RE: Conditional Use PL2016 000 1380 East Naples Self Storage (CU) Neighborhood Information Meeting - NIM MEMORANDUM Dear Mr. Smith: For the project file, please allow this memorandum as an update on the NIM property owner notification mailing. We received two envelopes back in the mail from the USPS as "not deliverable" and 'unable to forward", mailing labels supplied by Collier County were utilized. We also received one phone call inquiry from a property owner on Martin Street. He asked about the project and the date of the meeting. Although he said he would attend, he was not at the NIM. His name is: Anastacio Sanchez 5225 Martin Street 239-465-7963 Finally, it is our understanding that as of yesterday's NIM, you had received no inquiries in response to the notices. Thank you. Upon your receipt and review, should you have any questions, please do not hesitate to contact our office at (239) 263-6934. Sincerely, PLANNING DEVELOPMENT INCORPORATED Terri Fernandez Vice President 145 Central Avenue, Naples, Florida 34102 mfernandez@rlanninodevelopmentinc.com 239.263.6934 fax 877.263.0535 Development Consulting and Planning Architecture Engineering Landscape Architecture Florida Corporate Certificate of Authorization No's: AA26002158 CA No. 8450 LC0000378 • • 0 11 L US 41 East Sign # 1 of 21 Installed January 0, 2017 PL 2016 0001380 East Naples Self Storage CU HEX Date: January 26. 2017 PUBLIC HEARING REQUES CONDITIONAL USE (CU) APPRUWaL n:OIWl)V PAff t1pE1AINNIAOk(U tOAI IILINIINY IIII III v n o'. v .. �.i X011\lMlllf\i :IIIIn N4YAi01Mp11;W MIO(aNlU igendw/mWVv YdI+. ll,i 6101,1( elik((,AW(¢N f - ,...�:I Im.to GW 1 ei 1na„uup IwIYE W mlABnnMVIM nw:,. n 'ei6Vn IF.:. 1 rtPoA(T p4Ml NIH,IAl Ili�n.m i I4LL IIW¢�bllk�rtl@u1%ng'.' ma 1:41�u•c Floridan Avenue Sign # 2 of 21 Installed January 9, 2017 PL 2016 0001380 East Naples Self Storage CU HEX Date: January 26, 2017 HEAkl 'IONAL USE (L ni aiin.w �mvuaa unu :: ,, US 41 East Sign # 1 of 21 Installed January 0, 2017 PL 2016 0001380 East Naples Self Storage CU HEX Date: January 26. 2017 PUBLIC HEARING REQUES CONDITIONAL USE (CU) APPRUWaL n:OIWl)V PAff t1pE1AINNIAOk(U tOAI IILINIINY IIII III v n o'. v .. �.i X011\lMlllf\i :IIIIn N4YAi01Mp11;W MIO(aNlU igendw/mWVv YdI+. ll,i 6101,1( elik((,AW(¢N f - ,...�:I Im.to GW 1 ei 1na„uup IwIYE W mlABnnMVIM nw:,. n 'ei6Vn IF.:. 1 rtPoA(T p4Ml NIH,IAl Ili�n.m i I4LL IIW¢�bllk�rtl@u1%ng'.' ma 1:41�u•c Floridan Avenue Sign # 2 of 21 Installed January 9, 2017 PL 2016 0001380 East Naples Self Storage CU HEX Date: January 26, 2017 (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) most be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fificen U 5) calendar days in advance of the first public hearing and said sign(s) muss be maintained by the petitioner or the Petitioner's agent through the Board of County Commissioners Hearing. Below arc general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter R E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nits. staples, or other means to a wood frame or to a wood panel and than fingered securely to a Post. or otherstructure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent mug maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision tendered. If the sign(s) is destroyed, lost. or tendered unreadable, the petitioner or the petitioner's agent mug replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER 0 STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Michael R. Fernandez • WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER 4L 2016 000 1380 �C 1::� Q 145 Central Avenue SIGNATURE OF APPLICANT OR AGENT�j STREET OR P.O. BOX Michael R. Fernandez, Member NAME (TYPED OR PRINTED) ff 1080 Central, LLC Naples, FL 34102 CITY, STATE ZIP STATE OF FLORIDA COUNTY OF COLLIER �/I� The fo . iasbumem was swom to and subscribed before me this_day of January . 20 17 by • c6Ak Wn"L personally known to me or who produced as identification and who didldid not take an oath. M ERESA E FERNANDEI Si ture of Notar7 Public y i.,..uente - Sale G 012523 mmission • GG 020.20mm. Expires Jun 20. 2020 Printed Name ofNomry Public My Commission Expires: (Stamp with serial number) Rev. 31l/2015 •