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HEX Agenda 02/23/2017 COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA FEBRUARY 23, 2017 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, FEBRUARY 23,2017 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 26, 2017 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. CUR — PL20160002071 — Aggregate Specialties, Inc. requests a Conditional Use Re-Review of Resolution No. 2008-373, which established a conditional use for a refuse system facility within an Industrial "I"zoning district, to amend a condition of approval relating to a landscape buffer, and to remove the created preserve area from the Master Concept Plan. The subject property is located on the north side of Elsa Street, approximately one-quarter mile east of Shirley Street, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Fred Reischl, AICP, Principal Planner] B. PETITION NO. NUA-PL20160002595 — Petitioner, Gargiulo, Inc. requests a non-conforming use alteration pursuant to LDC Section 9.03.03.B. to allow the removal of 37 mobile homes and replacement with 37 units with a combination of modular and mobile homes. The subject property consists of 15±acres of land located on the east side of Old US 41 near the Gargiulo packing facility in Section 10, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Fred Reischl, AICP,Principal Planner] 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN January 26, 2017 HEX Meeting TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY HEARING EXAMINER Naples,Florida January 26,2017 LET IT BE REMEMBERED,that the Collier County Hearing Examiner,in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION at 2800 North Horseshoe Drive,Room 609/610,Naples,Florida,with the following people present: HEARING EXAMINER MARK STRAIN ALSO PRESENT: Raymond V.Bellows,Zoning Manager Fred Reischl,Principal Planner Eric Johnson,Principal Planner Daniel Smith,Principal Planner Heidi Ashton-Cicko,Managing Assistant County Attorney Page 1 of 16 January 26, 2017 HEX Meeting PROCEEDINGS HEARING EXAMINER STRAIN: Okay. Good morning,everyone. Welcome to the Thursday, January 26th meeting of the Collier County Hearing Examiner's Office. Housekeeping matters and announcements: Individual speakers will be limited to five minutes unless otherwise waived,decisions are final unless appealed to the Board of County Commissioners,and a decision will be rendered within 30 days. If everybody will please rise for Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) HEARING EXAMINER STRAIN: Thank you. Review of the agenda: We have three items for discussion today. These three are on the overhead, right up there. As we proceed through the meeting,those members of the public that would like to speak, when we announce each item I'll ask for anybody that wants to speak on the item to please rise to be sworn in by the court reporter. This is a quasi-judicial hearing,and you have to be under oath to speak. So at that point--what that means is when you're called,you've got to stand up and put your right hand up,and this young lady here will swear you in. With that,the approval of the prior minute meetings: January 12,2017;those are approved as written,so they can be sent to recording. ***Then we'll move into our first item. It's advertised public hearing Petition PDI-PL20160001163. It's the Stock Development,LLC,request for sign deviations at the Lely project in East Naples. All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) HEARING EXAMINER STRAIN: Thank you. Disclosures on my part: I've reviewed the Lely files,prior actions that were involving the PUD. I've talked to the applicant about some discrepancies or clarifications needed on their document for review today. And on the overhead,I will walk everybody through the steps that we've got or the project that's being proposed in regards to the sign deviations. So with that,let me move into that. Now,the representatives of the applicant,Alexis,you're here. Members of the public--are any members of the public here specifically for this? I think one gentleman stood up and a couple of others. Okay. I'll show you,Alexis,what I've put on the overhead,and then after that you'll have to make a brief presentation so that everybody's understanding what you're trying to do. I've got to give you credit;this is one of the more complicated ones I've seen written up. So with that,I'll work our way through this. The location,of course,is three different locations at Lely. One is along 951,and that's a sign similar to the one that was going up at Hogan Plaza,another one is a C2 parcel down near Triangle Boulevard,and another location for two of the deviations are at Triangle and 41. These are the--I'll show a brief narrative of the various deviations being requested. The off-premise sign requires a maximum of 12 square feet,and there's a couple different sign issues here. The applicant has applied for an off-premise sign as a directional sign. This is more of a directory sign, so we're trying to fit somewhat of a square peg in a round hole,so we'll work on that with some language today. The 1,000-foot separation in this case--this sign is here that they're trying to get a recognition for direction for uses that would be there. That's 1,500 feet,so it's a little larger than 1,000 feet,and there's a separation here of 122 feet with a monument sign for the bank right here that is closer to this sign than allowed. The outparcel--this is an outparcel that's requiring--usually you can only have one sign per outparcel. They're asking for two. And then the directory sign be located at the entrance to a public street. The request is that a directory sign be located away from an entrance. The entrance is,I believe,right there. That's the entrance you're referring to,and we're going to have that--you're suggesting that's the main intersection. The one on 951,this one is similar to what occurred at Hogan Plaza. They want to centrally locate the Page 2 of 16 January 26, 2017 HEX Meeting directory sign. If you look at Triangle Boulevard and U.S.41,this is what you see by standing in the intersection. There is a directory sign for this shopping center over here. The directory sign that they want to put on this side is similar but smaller than that one. That one is higher and larger,I believe,than the one that's being asked for right here based on the documents I reviewed for that one. Again,that's another position of the sign.Here's the other sign that's already--this is the one allocated sign for the parcel. It's the bank sign down here. And up in--I believe it's this area right through here that the new sign will be proposed for. Again,that's another shot of that area. And we get into the directional and directory signs. This is the code that does apply. And I put this on here for any discussion you may want to have. Again,here's the directory sign codes that require multi(sic)units to be listed on the directory sign, and I think some clarifications on that's going to be provided by you today. And that takes us to the last items I have on this,Alexis. So with that in mind,I'll let you embellish your application so that everybody in the audience understands what's going on. MS.CRESPO: Thank you. Good morning. Alexis Crespo with Waldrop Engineering representing Stock Development. Chris Johnson with Stock is here as well if you need questions of him. As you've noted,we were requesting four new deviations that relate to two different signs in the Lely Resort PUD. I'll start with the right-hand side of the screen at Grand Lely Drive and 951. That's south of Hogan's Plaza. We're simply asking to locate the directory sign at the midpoint of the parcel,as you described. So I feel like that request is fairly straightforward in nature,and we did receive approval through the variance process to do a similar signage location on the Hogan's Plaza parcel to the north of Grand Lely Drive. The other sign at Triangle Boulevard and U.S.41 did necessitate three deviations simply due to the way the code is written. We do want to thank staff for meeting with us,I think,about five times throughout the process to make sure we got the deviation worded properly so your sign reviewers can implement the deviations accordingly when it gets to their desk. We are asking for a 120-square-foot sign within an existing sign easement in the location there at the corner of Triangle Boulevard and U.S.41. That will be smaller than the directory sign advertising Freedom Square--thank you--on the other side of the intersection. That's 20 feet and 200 square feet in size. So it is the maximum directory signage specifications we're seeking; 120 square feet in light that we don't have eight tenants within our plaza to support a directory sign. So we used somewhat of a unique approach,but we are willing to limit the placards on this signage so that it functions and can be conditioned similar to a directory sign. We have proffered that the C2 tract at Celeste would have a maximum 12-square-foot placard, since that is-- HEARING EXAMINER STRAIN: That's this one right here? MS.CRESPO: Correct. That would be advertised on this one sign,and then any advertisement area or sign area would be limited to 12 square feet of the overall 120 square feet. HEARING EXAMINER STRAIN: So the business that goes under this C2 tract for the sign that would be located here to direct people driving on 41 as to an entrance to Triangle to get up to here,you're limiting their--their piece of that sign to 12 square feet;is that-- MS.CRESPO: Correct. HEARING EXAMINER STRAIN: Okay. I just want to make sure we're all clear on that and the audience understands it. MS.CRESPO: Thank you. And then the additional placards advertising uses,the Hobby Lobby and other commercial uses on the C2 tract that fronts on Triangle and 41,we're looking to limit those placards to no more than 32 square feet if the Hearing Examiner is amenable to that. HEARING EXAMINER STRAIN: Okay. The total--first of all,the total number of tenants that you would have on this sign would not exceed this total square footage of the sign of 120 square feet? Page 3 of 16 January 26, 2017 HEX Meeting MS.CRESPO: Correct. HEARING EXAMINER STRAIN: The various numbers of tenants you have,whether it's three, four,six or eight will still fit within that as a total;one of them will be limited to 12 square feet,and then you're going to limit the others to? MS.CRESPO: Thirty-two square feet. HEARING EXAMINER STRAIN: It's right there.Okay. Have you verified and checked that against the directory sign--the sign that--as far as where the directory signs are located,the size of multiple tenant occupancy minimums? I mean,32 square feet is--I didn't know about this until you brought it up now. This is directly from the code. I don't know if there's a limitation on it. If there is,I'm going to suggest you'll have to abide by the limitation,but I don't see it in the code at this point,so... But regardless,your 120 feet is the maximum you're going to be asking for? MS.CRESPO: Correct. That would be the overall cap. HEARING EXAMINER STRAIN: Okay. And if we look at this sign right here,that's a 20-foot-high sign,about 200 square feet,so--and have you--this is the Publix up on top,and each one of these,there's about six or eight tenants in that one,it looks like. Okay. You want to go on with any-- MS.CRESPO: I'll just note that we were also proffering additional foundation plantings,an increase of 20 percent of the required plantings,to enhance the sign further and offset the impact of the deviation. HEARING EXAMINER STRAIN: And that's a staff recommendation? MS.CRESPO: The applicant offered,and staff was in agreement with,that buffer. HEARING EXAMINER STRAIN: And I saw that in the report as a staff recommendation,so... That takes care of the three or four requests.This sign,this distance,that distance there,and the fact there's two on the south parcel instead of one,and those are your requests. MS.CRESPO: Yes. HEARING EXAMINER STRAIN: Okay. I don't have any questions on that part of it. You've answered--I've had three different issues I wanted to talk to you about,whether it's a directory or a directional sign. If we keep it listed as a directional sign but add stipulations so that it functions as a directory sign,it will be equivalent but still smaller than the sign across Triangle Boulevard. The maximum size of any one panel,you've requested 12 feet for one and 32 feet for the others. I would suggest that the maximum size will be whatever it is,and however the other sizes work out,as long as it doesn't affect the overall 120 square feet,that might be a better way to approach it. That way if your 12-square-foot one comes in at 16-square-foot,it's a nonissue as long as it stays below 120 square feet. Must use tenants--that's another question I want to ask you. What is the intention of this sign in relationship to the tenants on this C2 parcel? MS.CRESPO: Well,certainly,the Hobby Lobby use would be advertised on the 120-square-foot sign,and then Stock is looking to develop a smaller retail building next to the Hobby Lobby that could have potentially two or three more tenants that would be advertised. And we'd also provide adequate area for Outback to be advertised on the sign as well. HEARING EXAMINER STRAIN: Okay. So for the tenants that are operating or to be operating on the C2 sign,they will have the ability to have access to that sign? MS.CRESPO: Correct. HEARING EXAMINER STRAIN: Are you willing to commit to that? MS.CRESPO: Correct. HEARING EXAMINER STRAIN: Okay. I'm just checking to see if I've asked all the questions I have at this time. The square footage--and staff has apparently verified it,that the sign you're asking for is significantly smaller than the Freedom Square directory sign. It's about half the size, 120,little more;that would be 60,65. Staff recommendation,you agree with that.And those are the only issues I have written up. I have no other questions at this time,Alexis. We'll move to staff report. Based on the testimony by the public,you'll have an opportunity for any final comments,closing comments,and then we'll call you back up at that time. Page 4 of 16 January 26, 2017 HEX Meeting MS.CRESPO: Thank you. HEARING EXAMINER STRAIN: Okay. Fred,is there a staff report? MR.REISCHL: Thank you,Mr. Strain. Staff recommends approval based on the testimony that Alexis presented and the stipulation that you mentioned regarding the 20 percent additional non-sod plantings around the sign at 41 and Triangle. I did receive about five phone calls. Mainly the folks were interested in a little more explanation than what the sign had told them,and I didn't receive any specific objections. I did speak to one lady who said she'd be here to monitor the process to make sure that that's actually what was going on,and I do have a speaker slip. HEARING EXAMINER STRAIN: Okay. And,Fred,I took a while to figure this one out. MR.REISCHL: Yes,it did. HEARING EXAMINER STRAIN: It was written in a manner that you really had to lay it out on this map and track each one separately to understand what it was meaning. I'll do my best in any writeup to make sure it's clarified as much as possible,but I believe the applicant,by limiting the panel size,that will go a long way to correct any of the issues. Because that was--as a directory sign,it's not required to have multiple listings,as a--I mean,as a directional sign. So as a directory sign,by coming under that application,it makes it more palatable for at least that kind of a sign,so... I don't have any other questions of staff at this point. So we'll move straight into public comment. Are there any registered public speakers first for this one before we ask for nonregistered? MR.REISCHL: Yes, Stephanie Rhodes. HEARING EXAMINER STRAIN: Ms.Rhodes,if you're here and you'd like to comment,please come on up. MS.RHODES: Yes. I just wanted to know-- HEARING EXAMINER STRAIN: You'll have to come up and use the mike. You'll have to be on record,ma'am. Thank you. MS.RHODES: Thank you. Hi. I just want to know,the sign on Celeste by Hogan Plaza,the one on the south parcel,is that going to be the same size sign that's on--down by Freedom Square? I don't know if that was addressed. HEARING EXAMINER STRAIN: If you'll wait till--I'll get that answer for you after you're finished. So your question is-- MS.RHODES: That was my question. HEARING EXAMINER STRAIN: --about the size of that sign there? MS.RHODES: Correct. HEARING EXAMINER STRAIN: Okay. She'll answer that after she comes back after all the public speakers are done. Thank you. Oh,and did you get her name for the record? THE COURT REPORTER: Yes. HEARING EXAMINER STRAIN: We're good. Thank you,ma'am. Any other members of the public who would like to speak on this item? Sir,come on up. Please identify yourself for the record. And I know you were sworn in. I believe you stood up. MR.HAAR: Yes,I was. My name is Kenneth Haar. I live at 9066 Albion Lane South. I wanted to talk about this because I have a real concern,and it's been a real concern in the area for a long time about the intersection of 41 and Triangle Boulevard. And I'm very concerned about the--though legally they have every right to put a sign there,I'm very concerned about the fact that there may be plans elsewhere to modify that intersection in some ways by maybe including a right-turn signal or some roadwork with the intersection of the road that goes by Publix and goes into the Holly(sic)Lobby area into that commercial C2 tract there. And the last thing as a resident of the area and the motorists in the area needs is another sign with a lot of information on it confusing you as to what's going on around you. Just drawing your attention away from making the turn or trying to navigate that intersection seems very problematic to me. And considering the fact that all three of the current businesses that are on that site are so apparently visible to anybody driving by or the Page 5 of 16 January 26, 2017 HEX Meeting public,it seems rather unnecessary to further confuse the area. The other thing,the C2 tract up on Celeste and Triangle Boulevard,if this sign down here is supposed to give directions to that,there are better ways to give directions to it. You could put a sign at the corner of 41 and Celeste or at the corner of Triangle Boulevard and Celeste,giving direction to whatever commercial property is going to be on that C2 tract,as opposed to confusing it with that mess that's already down at the corner of 41 and Triangle Boulevard. HEARING EXAMINER STRAIN: Okay. And your point about Triangle Boulevard and the 41 intersection,you're right on the money on that.That is a problem intersection. Had I known that question would come up,I would have asked Mike--Mike Sawyer,are you here? MR. SAWYER: (Raises hand.) HEARING EXAMINER STRAIN: When we get to staff comments,I'll have him address that, because the county has realized the problems there,and we're working to get that corrected,and it will be a good update for you to understand what we're doing there. MR.HAAR: Okay. Thank you. HEARING EXAMINER STRAIN: Okay. Thank you, sir. Are there any other members of the public that would like to speak at this time? Ma'am,please come on up and identify yourself for the record.I'll have to ask if you were sworn in as well. MS.JENSEN: I was not,but I do swear to tell the truth. HEARING EXAMINER STRAIN: This young lady will have to do it officially. I have no doubt you would,but it's the process. Sony. MS.JENSEN: I get it. (The speaker was duly sworn and indicated in the affirmative.) MS.JENSEN: My name is Diane Jensen. I live in Saratoga,which is to the west of the commercial property where they want the directional sign. When I called in response to the sign on Celeste that was advertising this hearing,I asked what it was about,and the gentleman explained to me that they needed to put the sign along Collier because normally you put this kind of sign by the entrance. And since there really wasn't going to be an entrance on Collier,but instead at Grand Lely,I asked at the time,is there going to be a cut-through at the little portion where the freedom horses are so you could get into Grand Lely,or would they have to come around and make,like,a U-turn at Celeste to get into the shopping center? In talking with Alexis, she said that she didn't know of any entrance from Grand Lely; that it would probably be by Celeste. Well,this is a neighborhood. And we understand there's going to be access from Celeste,but we would hope that that would be primarily people within Lely Resort,not people coming down Collier Avenue because--or Collier Boulevard,because it really presents an impact on our roads. They're not that big. But during season it's very,very congested without that shopping center there. HEARING EXAMINER STRAIN: Well,I would hope that this directory sign would direct more people off the main roads to get to there rather than through your community in that regard. As far as your community goes,there looks like there's--I have not been to these private communities in Lely. That certainly is one of the connections that would take you over there internally,and Grand Lely,I believe,is right there,if I'm not mistaken,and that would get you down into there. Other than that,you'd have to come out on the main road with everybody else. I don't think there's any other road access. You live in one of these projects over here; is that not correct? MS.JENSEN: I live in Saratoga,which is immediately to the west of that C2 commercial. And if--because I'm there and because I see firsthand what it's like,the congestion at Celeste--and we have that turnaround that is just beyond the horses--that can be very congested during season. So to bring more people in through Celeste would just add to that. And I asked at the time,were they going to have a cut-through closer to where there might be an entrance near to where the entrance is where the Five Guys are,and the gentleman said he wasn't sure. Maybe I talked with you. MR.REISCHL: It was me. MS.JENSEN: Okay. MR.REISCHL: And just to clarify,are you talking about the new horses that they're installing now? Page 6 of 16 January 26, 2017 HEX Meeting MS.JENSEN: I am talking about the new horses. MR.REISCHL: Okay. That was confusing me. HEARING EXAMINER STRAIN: Now I'm confused.New horses? I didn't know-- MR.REISCHL: Grand Lely and Collier,they're putting in some new statues up there. HEARING EXAMINER STRAIN: Okay. Way up--so that's way up here then? MR.REISCHL: Exactly. Exactly. Right. HEARING EXAMINER STRAIN: Oh,okay. Now I--so that's the horses you're talking about? MS.JENSEN: Those are the horses that I'm talking about. Not the original. HEARING EXAMINER STRAIN: I've been here forty years,and the only horses I know are down there,and they don't move very much. MS.JENSEN: No,these horses don't,and they've been in the stable for quite a few years.And we appreciate Stock bringing them out,because they have done a superb job with that,and we're very happy. But my question is to try to alleviate more traffic on Celeste than is necessary,because that is a neighborhood,and it has enough traffic as it is,and it's just going to bottleneck. Very similar to Triangle where you have all that traffic during the season,we have this turnaround,and sometimes it's very hard if you're coming down Celeste trying to get onto Grand Lely or if you're coming off of Grand Lely and you're trying to head south on Celeste. It's just a lot of traffic. And unless you live there,you can't fully appreciate it,so I understand that. But my question goes back to this directional sign. I was told that you need to have some kind of sign where you're going to have an entrance,and Alexis did say that there's going to be an entrance if you're traveling south. But if you're going north,there will not be a left turn into the shopping center; is that correct, Alexis? HEARING EXAMINER STRAIN: Well,she'll have to respond when she comes up. We can't go back and forth. MS.JENSEN: Okay. I'm sorry. No,no. HEARING EXAMINER STRAIN: And you're point's well taken. There's another gentleman here today who's our transportation planner. He'll be--I'll ask him to address both your concerns and the gentleman's ahead of you. The very fact that we have directional signs on these main arterial roads may get people into this commercial tract without going through Lely more. It might help reduce that. But I'll let him address that in just a few minutes. MS.JENSEN: That is true if they're not coming from Marco Island and they happen to be going in there. You're absolutely right. Thank you. HEARING EXAMINER STRAIN: Okay. Thank you very much. Sir,did you have something you wanted to add?I saw you put your hand back up. You're more than welcome to. If you want to come back up to the mike. MR.HAAR: No,I just understood that-- HEARING EXAMINER STRAIN: You've got to use the mike,sorry. MR.HAAR: I just understood that you were mistakenly pointing to a different part than she was talking about. HEARING EXAMINER STRAIN: Yeah. All these years I had no idea that we're looking at--those horses are fabulous there. They're actually well known by most people in the community. So it's great that they're putting them up here. I just didn't know they had multiple pairs of them,so that's interesting. Anybody else that would like to address this issue from the audience? MS.RHODES: Yeah. HEARING EXAMINER STRAIN: Ma'am,please come on up and identify yourself on the microphone. We haven't even gotten to your question. We're working on it. MS.RHODES: Yeah. Hi. I'm Stephanie Rhodes.Can I point to the map? Okay. See right there, that's where we live;Verandas. It's called the Verandas. HEARING EXAMINER STRAIN: Right here? Page 7 of 16 January 26, 2017 HEX Meeting MS.RHODES: Right there. HEARING EXAMINER STRAIN: Okay. MS.RHODES: And when you come out of there,you're going to go straight across to this cut-through now--straight across to the cut-through where you just now put--you're going to put the new sign in a new development there. I just wanted to echo the previous lady: That is very congested, so I'm anxious to talk to the traffic manager. That circle,when you come out there and you--if you went straight,you would go into the new development. So--just keep going up. If you went straight toward 951,the new development's going to be on 9--right there. Right. So when you go left to the new horses,that's a big circle. It is extremely congested now. And we have that Skillets and all of the new restaurants. So whatever's being put into that plaza,trust me,they're going to have to be on Celeste. You said it would be our main entrance and it wouldn't impact Celeste. It will. And,again--and the lady said this--if you came from Marco,there's a huge impact to that road. Celeste is a small road. It's just a two-lane road. And so I just wanted to make everybody aware,that is a huge impact when that parcel is developed. HEARING EXAMINER STRAIN: That parcel,to be developed,it's going to have to come into a process called a Site Development Plan. At that time our Transportation Department will review their entrances. And I'll ask the gentleman today if there's--what kind of hope there is to have entrances that may avoid using Celeste. I'll fmd that out for you. MS.RHODES: Okay. Thank you. HEARING EXAMINER STRAIN: Okay. With that,I'd like to ask Mike Sawyer to come up and address the various traffic issues we heard. I know they're not all directly related to signage,but it would be nice if we could at least address the public's concern on that matter. MR. SAWYER: For the record,Mike Sawyer,Transportation Planning. I guess the first place to start would be the Triangle area that relates to the requested sign variance. We do have a current study. We do have designs that have been looked at. We are at the point where we will soon be having stakeholder meetings for both the businesses as well as the residents in the area,and based on what we find out at those--at those stakeholder meetings,then we'll proceed forward with a design that's going to address,basically,Triangle Boulevard. As far as additional areas and road issues within Lely itself-- HEARING EXAMINER STRAIN: Well,let's back up on Triangle Boulevard-- MR. SAWYER: Sure. HEARING EXAMINER STRAIN: --before you go to the second part. In your review of Triangle Boulevard--and I know it's got a left lane and a right. Does it have a straight-through currently?I don't know if it does. MR. SAWYER: I believe there's a full opening first where the second sign is going to go;just above that area. HEARING EXAMINER STRAIN: Do you know what the configuration is the county was looking at as far as lanage as it approaches that? MR.SAWYER: Correct. We're basically looking at--I believe the last version I saw was adding an additional left and looking at having a dedicated right coming out of Triangle. HEARING EXAMINER STRAIN: And a lane straight across or--because that is a full-opening median. MR. SAWYER: Correct,yes. HEARING EXAMINER STRAIN: There is a connection to the Price Street,I believe is it,down here. MR. SAWYER: Correct. And there are currently revisions,both short-and long-term,as far as that intersection as well. Looking at getting another additional--it would be a right-out and then making a left-out longer so that we have more stacking on that side. HEARING EXAMINER STRAIN: For the members of the public that are here and interested in the road system,especially,Mike Sawyer is the Transportation Planning--and head of that for our county. His Page 8of16 January 26, 2017 HEX Meeting name is--and your address for email is mikesawyer@colliergov.net? MR. SAWYER: No. HEARING EXAMINER STRAIN: We always use first and last name. What do you use? MR. SAWYER: It has to be my official name,which is Michael;michaelsawyer@colliergov.net. HEARING EXAMINER STRAIN: I have you listed in my directory as Mike, so that works. MR. SAWYER: Most people do. That's the only problem,so... HEARING EXAMINER STRAIN: Okay. So those of you who wanted to keep track of this,email Mike and ask him to keep you updated,or email him periodically and ask for an update. He'll address all roads issues around the entire Lely facility. Now,inside Lely is not county--a lot of it's not county owned or maintained. Some of it is. It's kind of a mishmash in Lely,so not all the roads in here are something that we could address,especially with your CDD and HOAs. But definitely 951 and 41 and Triangle are roads that we're looking at. So he's the contact. He's a great guy. He responds to everybody real well.Usually easy to get along with,too. MR. SAWYER: Usually. HEARING EXAMINER STRAIN: Now,Mike,as far as the issue over here,and I think--is there a possibility that when this comes in,they would be able to qualify for a left-turn in? MR. SAWYER: I believe--and I apologize. HEARING EXAMINER STRAIN: I didn't--this is off topic,I know. I just thought we-- MR.SAWYER: Correct. And from what--my memory that I've got of it is that the development to the north,when it was approved,there was a right-in directly off of 951 that was part of that SDP. HEARING EXAMINER STRAIN: So what would happen here is,if there was a right-in here,which would match the one to the north,that was part of the--that was part of the ones to the north issue(sic)and moving that directory sign. MR. SAWYER: Correct. HEARING EXAMINER STRAIN: So if there was a right-in here,people would come up 951 and have to make a U-turn to come back down and catch the right-in. MR. SAWYER: They could,correct. HEARING EXAMINER STRAIN: Is there a possibility of a left-in coming north on 951? MR.SAWYER: Not knowing exactly what the layout of this is,there might possibly be a left-in,that could be cut through the median at that point to allow that traffic to come in. I don't know if that's the--you know,we would still wind up having to have them meet all of the distance requirements from the intersection, because we do want to make sure that that intersection still works correctly. HEARING EXAMINER STRAIN: Well,now since the applicant is here,and they're--Alexis also represents the engineering firm,I believe,does their engineering work besides planning. Maybe the possibility of a left-in would be considered by your developer at the time you guys come in for your SDP. Mike will certainly be looking at it,and he can keep the public aware. But that would be--it's a very common-sense application. A lot of people go north on 951 heading up here,and if they want to get into this parcel,it would sure save a lot of U-turns and other--it might be not as safe movements as just to have a left-in at this location, so... It's something to consider. And I'm sure now that it's been put on the table by the members of the public who spoke,it will be looked at. Thank you. And I don't have any other questions of Mike. So,Mike,I think you've addressed everybody's--at least an update of where we're at. Appreciate it. MR. SAWYER: Thank you. HEARING EXAMINER STRAIN: Thank you. And with that,Alexis,do you have any comments and responses to the things that--the questions you've heard from the public here? MS.CRESPO: Yes. Again,Alexis Crespo with Waldrop Engineering. The first speaker asked about the size of the sign on 951 to service Hogan's Plaza south. We are not seeking any relief from the limitations in the code for directory signage for that parcel. So it would be a maximum of 200 square feet,20 feet in height,and it would be the same as the plaza to the north. Page 9 of 16 January 26, 2017 HEX Meeting HEARING EXAMINER STRAIN: Basically,whatever the code--you're not asking for a deviation in the code for the size of the sign. So you're limited to whatever the code allows. MS. CRESPO: Correct. HEARING EXAMINER STRAIN: Okay. MS.CRESPO: The intent--I think,with 951 and access to that parcel--certainly commercial end users want all the access they can get. So to the extent we could get rights-in and lefts-in from 951,we'd certainly seek that out or consider that at the time of SDP. There is not an SDP on the site right now. So we would certainly want to get people off the arterial roadway into the site. There will be access from the other publicly-owned roadways that abut the property as well. HEARING EXAMINER STRAIN: Okay. MS.CRESPO: Someone asked about our off-premise sign advertising the C2 tract north of Triangle at Celeste. That tract,we looked at alternative locations for an off-premise sign because it's tucked in; it doesn't have any visibility from the arterial roadway. We looked at could we get an easement or permission to locate that along 951,and we were simply unable to do so.And Stock has control of the area in question at Triangle and 41,and that's where they ended up with that request. We did evaluate those alternatives as part of the process. HEARING EXAMINER STRAIN: Okay. MS.CRESPO: And I would just add,in terms of the Triangle study,when we last amended this PUD in 2015, Stock Development,in addition to all their DRI commitments and funding over the last several years and decades,they did commit to helping fund the study and proportionate fair share or forthcoming improvements. So they're certainly a part of this effort and the solutions that will be coming out of staff shortly, so... HEARING EXAMINER STRAIN: Well,across the street right here is the Price Street PUD. That recently came into the Board of County Commissioners for approval. It was approved,but during the discussion of the Price Street PUD,the residence to the south of U.S.41 talked about that intersection as well, and that's why I knew that we were in the works of doing something,because Mike's department is carefully trying to evaluate the best way to approach this. One way or another,this is going to change. MS. CRESPO: Yes. HEARING EXAMINER STRAIN: The outcome of that will be after public input and then the stakeholder meetings that are scheduled to go forward, so... I don't have anything else to add. Do you? MS.CRESPO: No, sir. HEARING EXAMINER STRAIN: Okay. With that,then,we'll close the public hearing on this matter,and a decision will be rendered within 30 days,most likely within 10,to two weeks. Thank you very much for those of you who attended for this item. We'll be moving on to the second item on the agenda at this point. ***The second item on today's agenda is Petition No.PDI-PL20160002759. It's the Racetrac Petroleum,Inc.,for sign deviations at their facility at Heritage Bay on Bellaire Drive or Bellaire Ave. All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) HEARING EXAMINER STRAIN: Thank you. Disclosures on my part: I have spoken with the applicant a couple times on the phone. I've reviewed all the files for this Racetrac as well as plenty of others in Collier County. That's the extent of my disclosure that I can remember. Also, staff contacted me. Their staff report did not include the rezone findings from the prior PUD. They have now supplied that. That will be added as Exhibit A to this particular application. And with that,I'll ask the applicant to please come to the microphone. If you could state your name and position. MR.HARDY: Tom Hardy, Senior Engineering Project Manager for Racetrac Petroleum. HEARING EXAMINER STRAIN: Okay. Tom,I know I have--there are some people here who are interested in just how this is--what all this is coming about in the process. They may have questions. Page 10 of 16 January 26, 2017 HEX Meeting I'm going to walk through--I've put on the overhead some slides involving your project submittal so that everybody can see what's going on,and after that I'll ask you just to make any brief comments you have about the sign sizes and stuff,and then we'll see if there's any public comments after that. MR.HARDY: Yes, sir. HEARING EXAMINER STRAIN: The location on this--Heritage Bay is what's called a Planned Unit Development as well as a Development of Regional Impact,which means it's a large project and,as a result,it went through a state process for approval as well. It exists within the--or part of it exists within an activity center that was put in play back when we formed our Growth Management Plan decades ago. That portion is this general area down here. It's considered an activity center,and the uses in activity center range from commercial,light commercial,to very heavy commercial. Those are uses generally allowed. Heritage Bay PUD limited the uses to certain things,one of which was not only hospitals and pharmacies,but also gas stations. The location on this is going to be on this parcel right here. These parcels back here,I believe,all but this one,have been sold. This one may have been by now. There's a series of different retail uses going here. I'm not sure all which is going on up here.This particular shopping center is active. There's a great Starbucks right there,and over here we have the hospital as well as the CVS Pharmacy. In looking at the Racetrac's site plan,the sign in question is this one here as well as the canopy signs to be on the two sides and on the front. This is a monument sign out front. This is Bellaire,and this is Immokalee Road.The distance from Immokalee Road to that sign is approximately 140 feet. It's about 25 feet off the asphalt on Bellaire. That's a blowup of the site's location. There's the sign. It will be right here in the middle of this landscaping feature. This is the cross-section to Bellaire Drive. If you total those up,it's about 25 feet to this roadway. These two--these two read pretty much like other conditions in Collier County. This one had a little change in the way it was written,plus its sizing. It was referencing"above grade." That is not a defmitive term in this regard,so there's--that needs to be cleaned up with a reference to above the landscape berms. And the height at 12 feet is higher than what we typically would expect, so I'm going to ask the applicant to consider a lower elevation there;basically about nine feet. The 100 square feet was reduced from a previous application that had 118 feet,but that still is larger than what we typically allow as outparcels for single service facilities. We're normally looking at 80 feet,not 100. Those are items that came about after I reviewed it,and I believe they certainly need to be addressed. When you look at what these deviations are for,they're for three signs on a canopy instead of two, small ones on each end at 30 square feet,and this one would be in the middle at 50 square feet.Those are consistent with other approved gas station sites. This is the sign that was currently a little bit inconsistent with some of the others that have been reviewed by it,and by the end of this discussion,I'll ask the applicant to address that. This is the signs as they would appear in contrast to their locations on the canopy. That is the sign as currently designed for the monument sign. This is the distance it's calling out. The scroll letters are--this is a pretty good-size scroll letter; 34 inches here. This is the sign from a previous approval reducing it down to nine feet above the landscape berm and then 80 square feet,and that is more in line with what we would have expected. So with that,Mr.Hardy,that's the amount of information I've put on the slides to discuss. I'd like to get your comments on the size of that monument sign. I know that you're looking at 12 feet in height,but I think that's excessive based on the landscaping out front. I think that nine feet,as previously has been allowed in Collier County,would work,and I am reluctant to realize how a 100-square-foot sign works when an 80-square-foot sign might be more appropriate for that location,because that is the standard we've set as some of the higher standards in Collier County. MR.HARDY: Yes,sir,and we've discussed that in the past,and we started it,you know--our original application was in relation to the size of the canal out front. And we're using scroll signs instead of LED signs. We'll be using some at our other jurisdictions. And that was some of the basis for our original request of 100. I agree with you. We can--you know,if 80 is the standard that we want to set as far as the other Page 11 of 16 January 26, 2017 HEX Meeting applications that we've considered in the past,we're applicable with 80 square feet. Nine-foot height,we can work that since you pointed out we're on top of the berm. The only request there,like you pointed out,above grade,maybe that could read"as measured from the highest adjacent grade." And the only reason that comes up,we actually--at our recent store that we built at Radio and Davis,when we built,if we're placing on the berm or near the berm-- HEARING EXAMINER STRAIN: Get a little closer to the mike. MR.HARDY: I'm sorry. Sometimes when we're measuring it,when it is being built in around the berm,some inspectors have measured on the high side instead of the center of the sign. So as measured from--since we're going to build on top of the berm,if we can--if that could read as"as measured from the highest adjacent grade." So it may be the-- HEARING EXAMINER STRAIN: Well,the language that you utilized before that is consistent is "measured from the landscaping berm." Now,that is what we used before,and I think that would match here. When you look at that in comparison to the height on an overall sign,this is the sign that--this is nine feet. The architectural embellishments at the top are really something that's done as a benefit. They're not included in nine feet. This is the detail that has worked at other locations,and I'm suggesting that for here. MR.HARDY: And that's fine. I'm good with that. HEARING EXAMINER STRAIN: Okay. MR.HARDY: But what I'm pointing out is if this is sitting on the berm,and let's say the dimensions side where it says nine feet is on the top of the berm and the bottom side comes out down the side of the berm, that bottom side could actually have a 10-to 11-foot height because it's dropping with the elevation of the berm. So I want to make sure it's always measured from the high side of the berm,not from the low side of the berm,because then the numbers are almost sitting at grade if we're measuring from the low side. HEARING EXAMINER STRAIN: Did you use an engineering or planning firm,or did you do this yourself? MR.HARDY: Do which one? HEARING EXAMINER STRAIN: This one,the Bellaire site. MR.HARDY: Yeah. We used DeLisi Fitzgerald. HEARING EXAMINER STRAIN: Okay. I can't remember offhand. But maybe have them contact me.We should talk about the language as it's drafted. MR.HARDY: Yes,sir. HEARING EXAMINER STRAIN: I understand your dilemma. And when something leaves the Zoning Department,the Zoning sees it one way,then it goes to the SDP side of things,and they have a tendency to look at it sometimes different than it was intended. The clarification now is far better than trying to deal with it afterwards. MR.HARDY: Exactly. And that's the only reason-- HEARING EXAMINER STRAIN: And I have no problem trying to make it clear. MR.HARDY: Yeah. That's the only reason. I just wanted clarification,because that came at our recent Radio/Davis store. The 80 square feet,nine foot tall, sir,you know,we're willing to build that,and we appreciate the consideration. HEARING EXAMINER STRAIN: Well,then,I happen to be glad you're putting a facility out in that area at that intersection. We don't have a gas station till we get down to Vanderbilt and 951 in that locale. So I think it's going to be useful.I know the HOA out there was very pleased to see a gas station come in in that area, so-- MR.HARDY: Yes,sir. HEARING EXAMINER STRAIN: --I'm glad to see you're doing it. MR.HARDY: Thank you. HEARING EXAMINER STRAIN: Thank you. I have no other questions. Are there--staff report,Eric? First of all,Eric,I need you to comment on the discussion we just had Page 12 of 16 January 26, 2017 HEX Meeting about the reduction in what they're asking for. MR.JOHNSON: Sure. For the record,Eric Johnson,Principal Planner with the zoning section. Staff reviewed the subject request,as you had said before,or said during the hearing,that I did give the rezoning and PUD findings that are associated with the original rezoning application,which was PUDZ-02-AR-2841. They're now with the court reporter. That should have been included with my staff report. Staff reviewed the subject request. There are three deviations that are associated with it. Staff is recommending approval of all three. The way that the current PUD language is set up is that the sign would be measured from grade.And if you were to use what is in the code about grade,that would revert to LDC Section 1.08.02,which is basically the average at finished ground level up to six feet from the building. So as Mr.Hardy and you discussed,it seems like it would be measured from the berm; is that how I understand it? HEARING EXAMINER STRAIN: Yes,from the landscape berm,just as the Sierra Meadows project was set up. MR.JOHNSON: So with the berm,as long as it doesn't exceed the 12 feet that was requested-- HEARING EXAMINER STRAIN: Well,it's not going to exceed 12 feet because it will be reduced to nine. MR.JOHNSON: Staff wouldn't have an issue with reducing the height of the sign. HEARING EXAMINER STRAIN: Okay. MR.JOHNSON: So I received--during the course of this petition,I received three phone calls. And there was a lady that was here,Ms.Ann Cowen,but apparently she left,but she did leave me with a letter that I should give to the court reporter. HEARING EXAMINER STRAIN: Yes. Provide that to the court reporter to add to the record and provide me with a copy as well,if you could,if there's a copy available,if not give it to me later. It's more important the court reporter have a copy now. Is that the only copy she left? MR.JOHNSON: Yes,sir. HEARING EXAMINER STRAIN: Okay. When we finish,give me a moment to get that copied so I have it so I can review it as we go forward and finish up with this,and then I'll give it right back to you. MR.JOHNSON: And that concludes my presentation. Staff is recommending approval. HEARING EXAMINER STRAIN: Thank you. Heidi,did you have a comment? MS.ASHTON-CICKO: I just thought that you had put Deviation No. 1,because that was the language that you would be looking for for this one. So I think you're asking Mr.Johnson to comment on that. HEARING EXAMINER STRAIN: Yes. And he did comment on it. I think the applicant's concern is this may not be enough to clarify the intent with some reviewers,and we'll just--we'll tighten that up a little bit to make sure it reads accordingly. That would be the only change. And I'll contact their engineer to talk that over with them. That's the end of the staff report,Eric? MR.JOHNSON: (Nods head.) HEARING EXAMINER STRAIN: Are there any members of the public here that would like to address this item? (No response.) HEARING EXAMINER STRAIN: Okay. MR.BELLOWS: We had one. HEARING EXAMINER STRAIN: Do we have a registered speaker? MR.JOHNSON: Yes,we did have a registered speaker,but she left,and I did give her written statement to the court reporter. HEARING EXAMINER STRAIN: Okay. Thank you. Okay. Mr.Hardy,there's no reason for you to have any rebuttal since nobody else has talked about it. I'm assuming you're in conformity with what you heard from staff. We will look at making sure the language Page 13 of 16 January 26, 2017 HEX Meeting reads accurately. And with that,we'll close the public hearing,and a decision will be rendered within 30 days,most likely within a couple of weeks. Thank you for your time today. ***Okay. That takes us to the last item up today,and it's Petition No. CU-PL20160001380.It's the 1080 Central,LLC. It's for a conditional use in a C4 commercial district for an air-conditioned and mini self-storage warehouse. All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) HEARING EXAMINER STRAIN: Okay. Even though you may not speak,are there any members of the public here who wanted--who are attending for this item? Okay. Michael,I have put some portions of your-- MR.FERNANDEZ: He's part of our team. HEARING EXAMINER STRAIN: Okay. That helps. Okay. Michael,would you mind coming up to the microphone,identify yourself and your representation,please. MR.FERNANDEZ: Michael Fernandez,registered architect and certified planner with the firm of Planning Development. I'm also here as the owner of the property, 1080 LLC--Central,LLC. HEARING EXAMINER STRAIN: Okay. And disclosures on my part: I spoke to Mike this morning before he came in. We also had a phone conversation. I've talked to staff,and I talked to the county commissioner representing this district. And I've also reviewed files going back to the ZRO back quite a bit of time. So with that in mind,I'll walk through the slides I put up here,Michael,so you can see what I've got on the overhead. This is location files. This is Florida Ave.back here,or Floridian Ave. I'm not sure. I'm not sure how that's worded. U.S.41 is right here.This is the C4 parcel in question. That's an aerial of it showing that's your relationship to the backstreet and 41 as well as the neighborhood around it. Staff had a series of recommendations. They were No. 1 through 3,and I added 4,5,and 6. And I'd like to walk through these,Michael,to make sure we're on the same page. First of all,the standard conditions you saw, 1 through 3,were already part of the staff report that you should have received a copy of. Are you in agreement with 1 through 3? MR.FERNANDEZ: Yes,I am. HEARING EXAMINER STRAIN: Okay. I took a look at some of the language in both the advertising and the neighborhood information meeting,and I wanted to make it clear that you're limited to a maximum of 92,000 square feet. Are you comfortable with that? MR.FERNANDEZ: Yes,I am. HEARING EXAMINER STRAIN: Number 5,the maximum zoned height is limited to less than 35 feet. I pulled that off the advertisement. MR.FERNANDEZ: Yes,I am. HEARING EXAMINER STRAIN: And then No.6,in your NIM,I believe it was,you said there will be no exterior overhead doors. MR.FERNANDEZ: That's correct. HEARING EXAMINER STRAIN: Okay. This is a layout of the site. This is actually the three-story self-storage building. This is a landscape water management area. This is a ring by buffers. The buffer in the front is listed as 15 feet. It sits on top of a drainage easement going here that varies in width,but the buffer language in the notes would allow it to be expanded so that it could be interwoven with--all the way back to the building's edge,which is 25 feet back. In the notes there was a couple clarifications. We just talked about those in the stipulations: The 30-foot building height,and then talking about the permitted height. And generally in C4 you can go to 75 feet,but because this is under a zoning reevaluation ordinance restriction,it's restricted to three stories. MR.FERNANDEZ: Correct. HEARING EXAMINER STRAIN: The stipulation on the recommendation that we just talked Page 14 of 16 January 26, 2017 HEX Meeting about,I would suggest that No.4 needs to be replaced by that,and there's no more needed,just the limitation of less than 35 feet in height. And then No. 7 needs to reference that the maximum building height--building square footage of 92,000 square feet instead of proposed for approval. Those two changes would clarify these notes and make them consistent with the recommendations. Do you have any problem with that? MR.FERNANDEZ: We're amenable to both those. HEARING EXAMINER STRAIN: Thank you. The landscape berm out front,the reason that I wanted to make sure we all understand that,the notes previously clarify it. It helps a lot.That's the landscape berm,and it will be within that 25-foot area. Even though it's a 15-foot--technically a 15-foot landscape buffer,it will be within 25 feet of the road or the property line. There are landscape buffers all the way around this project. There's a preserve over here. It has the ability to be relocated offsite,and there's also a buffer requirement as well. This is all landscaped in addition. When it gets all said and done,the building's built,this is the renderings that were provided.This is the conceptual plan of what it's supposed to look like. Typical to our storage facilities going on in Collier County now,the mini air-conditioned self-storage facilities are all looking more like office buildings due to our architectural code and due to the architects and owners'desire to make them fit in with the community so they aren't as obtrusive as the old style with the roll-up doors and people working on their cars out front. So this seems to be a very palatable use for that location. And,Michael,if you want to add anything to the discussion,you're more than welcome to at this time. I have read the entire report, so we don't need to repeat everything that's there. MR.FERNANDEZ: Sure. We're happy just making sure on the record that everything that was submitted is part of the record,and we're very comfortable both with the representations in that report and the report that was done by county staff; we're in agreement with it. HEARING EXAMINER STRAIN: Okay. Thank you. And is there a staff report,Dan? MR. SMITH: Staff recommends approval with the recommendations and the recommendations by the--I was going to say the Chairman--the Hearing Examiner. HEARING EXAMINER STRAIN: It's hard to keep track of what hat I'm wearing sometimes. MR. SMITH: Just to mention,there are no stallions at this location. HEARING EXAMINER STRAIN: As long as they're not moving around. Okay. And I don't have any questions of staff. Everything was pretty straightforward. It was a well-done application and staff report,so I appreciate that. As we go down in the future--and I know this one came through when we were previously talking about it. When there are details committed to either by the advertisement or by the NIM, as I added them to these staff recommendations,if staff could take those and encompass them in ahead of time,that would make sure we don't have any discrepancies when we get to the meeting. MR. SMITH: Very good. HEARING EXAMINER STRAIN: And so with that,I'll move to public speakers. Do we have any--first,do we have any registered speakers? (No response.) HEARING EXAMINER STRAIN: Ray,none? MR.BELLOWS: No. HEARING EXAMINER STRAIN: Okay. Are there any members of the public who would like to speak on this item? (No response.) HEARING EXAMINER STRAIN: Okay. Hearing none,Michael,there's really no rebuttal needed unless you have any closing comments. I'm done with the hearing for that. MR.FERNANDEZ: Just one quick comment. We did hold a neighborhood information meeting. A couple members of the neighborhood did attend.There was no objections. They were happy to see Page 15 of 16 January 26, 2017 HEX Meeting something moving forward,and they specifically liked this project that was being proposed. HEARING EXAMINER STRAIN: And I'd like to compliment you on the architect. It's a good-looking building for a storage facility,so... MR.FERNANDEZ: The architect that designed it is right--sitting there,so I'll pass that on. HEARING EXAMINER STRAIN: Thank you. And with that,we will close the public hearing on this matter,and a decision will be rendered within 30 days but most likely within a couple of weeks. I do need to get those corrections we talked about in the note language sent to me so I can make sure they're added to the decision. MR.FERNANDEZ: Will get there today or tomorrow. HEARING EXAMINER STRAIN: Excellent. Thank you. With that,I'll close that public hearing,and there's no other business scheduled. Are there any general public comments?Anybody in the public wish to have any comments added to the record? (No response.) HEARING EXAMINER STRAIN: Okay. With that,we will--this meeting is adjourned. Thank you,all, for attending. There being no further business for the good of the County,the meeting was adjourned by order of the Hearing Examiner at 10:00 a.m. COLLIER COUNTY HEARING EXAMINER MARK STRAIN,HEARING EXAMINER ATTEST DWIGHT E.BROCK,CLERK These minutes approved by the Hearing Examiner on ,as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S.LEGAL SUPPORT,INC.,BY TERRI LEWIS,COURT REPORTER AND NOTARY PUBLIC. Page 16 of 16 AGENDA ITEM 4-A Coer County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION—ZONING SERVICES SECTION DATE: FEBRUARY 23, 2017 SUBJECT: CUR-PL20160002071,AGGREGATE SPECIALTIES RE-REVIEW OWNER/APPLICANT/AGENTS: Owner/Applicant: Aggregate Specialties, Inc. 26837 Lost Woods Circle Bonita Springs, FL 34135 Agent: Frederick E. Hood, AICP Davidson Engineering, Inc. 4365 Radio Road Naples, FL 34104 REOUESTED ACTION: To have the Collier County Hearing Examiner(HEX)consider an application for a Conditional Use Re-Review for a refuse system facility within the Industrial (I) zoning district as provided for in Section 2.03.04.A.l.c.16 of the Collier County Land Development Code(LDC),to allow for the removal of a preserve on the subject site. GEOGRAPHIC LOCATION: The subject 3.74± acre property is located on Lot 141 and portions of Lots 142 and 143,of the unrecorded plat of J&C Industrial Park. It lies east of Goodlette Frank Road and north of Pine Ridge Road, with direct access from Elsa Street. The parcel lies in Section 11,Township 49 South, Range 25 East,Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The petitioner requests Conditional Use Re-Review (CUR)approval to allow for the removal of a created preserve per Section 3.05.07.B.2.h of the LDC, for modification of the required landscape buffer, and the addition of a visual barrier as indicated on the conceptual master plan. CUR-PL20160002071,Aggregate Specialties Page 1 of 6 February 23,2017 • I /9 th . . cI e�tya tae 911 iia 1{11 a I 11 l : 6 1 ' 14 11131;11111 "1 I RI li i 1 I A I R p ..-. a ' A I R N I A I IIIA IIR A I A 1 m __I...7_4, I r s I, 1 a s a t a . It a . Pe r r :: 1 a $ e e r r I. i z 1 c —. Q A W A III A A N N A ® k; -wits#A.4 d Ii A A p M pi' A a }1 AiCit- a -w i - I I ;. B * i A A ..11 it,4yuv11111 G d i 8 , Z l" & I C ----i• N 7 O b A A A 4 I F1 FI a A r '" Q ` " q t•11.118 lin l rm.,s 1. 0 U I I3 A A A M A 4 A Ad A AA A '° N I 13 Y° 1 A R Ai ' A 5 . r HH - - - 1 O 11 11.114,4,630,'' _. AP - I r I r e I ® u I A I P I ® . r— ��A °® s s s 1 33 a s s e ` d , - - 1 _I . t I 1 1 In 1 1 I N 1 J a- ,.--� Z CD JDE z c o 0 CD • N 02:1 ONillfld iJOdCI- 2il , 0 0 p (LS m c pQ O ...P. it 72 � � a U J - I. a N la'. !we!wel SURROUNDING LAND USE& ZONING: SUBJECT PARCEL: The site is currently developed with a refuse system facility; zoned Industrial (I) — the site also falls partially within two Wellfield Protection Areas(ST/W-3 and ST/W-4). SURROUNDING: North: Developed parcels; zoned I East: Developed parcels;zoned I South: Developed parcels; zoned I, and Elsa Street ROW, across which are developed parcels;zoned I West: Vacant parcel; zoned I u. t ;7 -s- } 1111112111111111 :a , plum gni. 11111111.1100i :a Subject -' . Site :.�, "•�. w at * , .....„ , .1 1, 1 AI 4. 1 ., , . 1 ,-„t al;-: ; , ... . ! NIt . , ,A • •r - - - 1. . _..44 494- as.• . 4........ .....; ill Aerial GROWTH MANAGEMENT PLAN(GMP)CONSISTENCY: Future Land Use Element (FLUE): The ±3.74 acre property is designated Urban, Urban Industrial District, as identified on the Future Land Use Map in the Future Land Use Element of the Growth Management Plan. It is zoned Industrial with a conditional use(Resolution#08-373)for a refuse system facility. The existing conditional use, approved on December 16, 2008 includes Development Condition #7 which states that to"screen views of the piles and to help prevent dust from traveling off-site, a Type `B' buffer shall be provided along the site's southern and southwestern boundaries at the interface of abutting uses. Where this buffer overlaps the 0.37 acre preserve, Type `B" minimum plantings shall be maintained at all times within the buffer area. The balance of the created preserve shall consist of approved native mid-story and canopy species to achieve the desired buffering for properties to the south." The petitioner proposes to install an eight-foot visual barrier with a Type 'A' landscape buffer in lieu of the re-created on-site preserve and the Type `B' buffer. CUR-PL20160002071,Aggregate Specialties Page 3 of 6 February 23,2017 The Urban Industrial District allows the uses(permitted and conditional)of the"I"Zoning District. The existing CU petition was found to be consistent with the FLUE in 2008;the proposed modifications to development conditions do not change that finding. Based upon the above analysis, the proposed CUR may be deemed consistent with the Future and Use Element of the Growth Management Plan. Transportation Element: The Transportation Planning staff found this project to be consistent with the Transportation Element. Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the CCME. ANALYSIS: Section 2.03.02.A.1.c of the LDC permits conditional uses in the Industrial zoning districts. The requested use for a refuse system facility is permitted as a conditional use in the Industrial zoning district, subject to the standards and procedures established in section 10.08.00, Conditional Use Procedures, of the LDC and was approved by the Board in 2008.This petition is for a modification to the development standards of the original CU. When considering a Conditional Use petition, the HEX must make fmdings 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: 1.Consistency with the LDC and the GMP. As detailed above, this petition is consistent with the GMP. It is also consistent with the conditional use criteria in the LDC. 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. Transportation Planning staff has determined that the traffic impacts are not significant and the normally required TIS was waived for this development request. 3. The affect the Conditional Use would have on neighboring properties in relation to noise,glare, economic or odor effects. The existing facility should have minimal impact on neighboring properties in relation to glare, economic or noise effects beyond what exists today. 4.Compatibility with adjacent properties and other property in the district. As previously noted, the facility will be buffered by landscaping. Since the facility is currently in operation,staff believes that compatibility will be maintained with the expansion. CUR-PL20160002071,Aggregate Specialties Page 4 of 6 February 23,2017 Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. This project does not require an Environmental Advisory Council (EAC) review since this project did not meet the EAC scope of land development project reviews as identified in, Section 2-1193 of the Collier County Codes of Laws and Ordinances.No listed species were identified on site. NEIGHBORHOOD INFORMATION MEETING(NIM): A NIM is not required for a Conditional Use Re-Review. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed this staff report on February 2,2017. RECOMMENDATION: Staff recommends that the HEX approve Petition CU-PL20160002071 subject to the revised development commitments. Attachments: I. Conceptual Site Plan 2. Application and support documents CUR-PL20160002071,Aggregate Specialties Page 5 of 6 February 23,2017 PREPARED BY: 2 - a - I7 FRED L CHL,AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: / RAYMOND V. BELLOWS,ZONING MANAGER DATE ZONIN °rDIVISION MICHAEL P. BOSI, AICP,DIRECTOR DATE ZONING DIVISION CUR-PL20160002071,Aggregate Specialties Page 6 of 6 February 23.2017 I I l I L Ni co N ._ Ri , ' fu- W › .. , t ......d , Ii IMO _.. MIN MI • .i U CD 1 W 1 CU CU CU PI 1 I 0 co a 0 1 O -1-, 0 1 V) f Z 2 % W CU NO M 1 N 1 s- to Cl) 1 1 I 1 M w 4 j cu CU 1 , 'N 0,001 4 M r Co er County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Notes Petition Type: CUR Date and Time: July 12,2016 at 130 Assigned Planner: Fred Reischl Engineering Manager(for PPL's and FP's): Project Information Project Name: KOVAC CU PL#: 20160001305 Property ID#: 00248400006 Current Zoning: Project Address: 1995 Elsa St City: Naples State: FL Zip: Applicant: Davidson Engineering Agent Name: Jessica Harrelson Phone: 434-6060 • Agent/Firm Address: Radio Rd City: Naples State: FL Zip: 34104 Property Owner: Aggregate Specialties, Inc. Please provide the following,if applicable: I. Total Acreage: 3.73 ii. Proposed#of Residential Units: N/A 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: Res. 08-373 & 09-151 vi. If the project is within a Plat, provide the name and AR#/PL#: N/A N/A • S&9tY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Meeting Notes Kr ,,� - 5'le' ' 3.0SiLattr 242.4a, ,0/, , , ( te el • • CmoOv er County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coiliergov.net (239)252-2400 FAX(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: D A Conditional Use Re-Review to be heard by the Board of Zoning Appeals Ej A Minor Conditional Use Re-Review to be heard by the Office of the Hearing Examiner Chapter 3 C.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 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, wit cove gets A� attached to each section. Incomplete submittals will not be accepted. 01 114. ot NOT REQUIREMENTS FOR REVIEW #OF REQUIRED REQUIRED Completed Application(download current form from County website) 8 g Letter Describing Request 8 rg Necessary Documents to address stipulations 8 g.1... HPre-application meeting notes ►'4 Completed AddressinR checklist(no older than 6 months) R /`_i ❑ Complete,original Conditional Use Application ❑ 7 ` Site Plan 8 • Copies of Warranty Deeds 3 t Boundary Survey 3 i` _ Affidavit of Au horizatIon,signed and notarized 0 ►g TIS o giver 0 / Electro is copy of all documents *Please advise:The Office of the Hearing Examiner requires all 0 21 0 materials to be submittal electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: 0 Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. n Please contact the project manager to confirm the number of additional copies required. /24r,ctwigb 7 LANbsc,(PP' Wevle-o• , 111 6/3/2014 Page 2 of 3 Co kty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE . GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX(239)2524358 FEE REQUIREMENTS Pre-Application Meeting:$500.00(to be credited towards the application fee if the application is filed within 9 months of pre-application meeting) CJ Conditional Use Re-Review Application:$750.00 ❑ Estimated Legal Advertising Fee for the Office of the Hearing Examiner or BCC:$500,00 ❑ 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 All checks payable to:Board of County Commissioners The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 • Applicant Signature/Printed Name Date • 6/3/2014 Page 3 of 3 i CO erty • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov net (239)252-2400 Pre-Application Meeting Sign-In Sheet Kt 20160001305 Collier County Contact Information: Name Review Discipline Phone L Email ❑ Richard Anderson Environmental Specialist 252-2483 richardanderson@colliergov.net I ❑ >rid Anthony Environmental Review , 252-2497 davidanthony@colliergov:net Summer Araque Environmental Review 252-6290 summerbrownaraque@colllergov,net ❑ Steve Baluch,P,E. Transportation Planning. 252-2361 StephenBaluch@colliergov.net 9f Laurie Beard Transportation Pathways 252-5782 Laurlebeard@colllergov.net ❑ Rachel Beasley Planner 252-8202 racheibeasley@coiliertov.net ❑ Marcus Berman County Surveyor _ 252-6885 MarcusBerman@colliergov,net ❑ Madelin Bunster Architectural Review 252-8523 madelinbunster@coiliergov.net _❑ Mark Burtchin ROW Permitting 252-5165 markburtchin@coiliergov.net El George Cascio Utility Billing 252-5543 georgecascio@colliergov.net ❑ Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heldiashton@colliergov,net • ifiSue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net ❑ Eric Fey,P.E. Site Plans Reviewer 252-2434 ericfey@colliergov,net ❑ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net 0 Nancy Gundlach,AICP,PLA Zoning Services 252-2484 nancy;undlach@coiliergov.net , O Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org Cl John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov,net ❑ Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net ❑ Eric Johnson,AICP,CFM Zoning Services 252-2931 ericjohnson@coiliergov.net ❑ Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colllergov.net ❑ Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net ❑ Paulo Martins Utilities 252-4285 pauiomartins@colllergov.net ❑ Thomas Mastroberto _Fire Safety 252-7348 Thomasmastroberto@colliergov,net O Jack McKenna,P.E. Engineering Services 252-2911 jackmckenna@colllergov.net ❑ Matt McLean,P,E, Principal Project Manager 252-8279 , matthewmclean@coliiergov.net ❑ Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmonclvaiz@colliergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam@colllergov.net Cl Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrocki@colliergov.net ❑ Mariam Ocheitree Graphics 252-2315 marlamocheitree@coliiergov.net r 4111 f1 Brandy Otero Transit 252-5859 brandyotero@colliergov.net I , Ca er County 2800 NORTH HORSESHOE DRIVE COLLIER COUNTY GOVERNMENT •' GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 O Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net jiZ Fred Reischi,AICP Zoning Services 252-4211 fredreischl@colliergov.net O Stacy Revay Transportation Pathways 252-5677 stacyrevay@coliiergov.net O Brett Rosenblum,P.E. Utility Plan Review , 252-2905 brettrosenblum@colliergov.net IMichael Sawyer -114444°9r16'�adl s -- . 252-2926 michaelsawyer@coliiergov.net S 0 Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliegov.net I O Chris Scott,AICP Planning and Zoning 252-2460 chrisscott@colliergov.net ❑ Daniel Smith,AICP Landscape Review 252-4312 danieismith@colliergov.net C1 Ellen Summers Planning and Zoning 252-1032 EIIenSummers@colllergov.net O Scott Stone Assistant County Attorney 252.8400 scottstone@colliergov.net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 markstraln@colliergov.net ❑ Kris VanLengen Utility Planning 252-5366 krlsvanlengen@cofiergov.net O Jon Walsh Building Review 252-2962 jonathanwaish@coillergov.net • David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks@coiliergov.net C1 Kirsten Wilkie Environmental Review 252-5518 kirstenwiikie@colliergov.net ❑ Christine Willoughby Planning and Zoning , 252-5748 ChristineWilioujhby@colliergov.net Additional Attendee Contact Information: • � - I Name Representing Phone Email S ,,.. 4.-/-4 r3 2.cl-;1245' e5inoSr.n-luh..r, �lwA.Qio11'.•�SDv.ra- 1 on 1,‘..„. iqy. S f -4 60.4;'",e Am, Lara , VovVIs •ic'.ritrl `{3(•6060 Ad....ird„vidssw :iter; .W L-AR' V Cat,�,,,4 rSN 4..c, Lid 1A4-o004 Gvw4isd' r/i&.`CCO' 4424(-6.1c. (•t-adK 7 13.• &:'1•(+JLt h'f,A eo AG..):dSew ea&Act/.} . . 6-104 • • Colter County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ADDRESSl lG cot C14ST 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-aoolication 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) 0 SDP(Site Development Plan) ❑ BD(Boat Dock Extension) 0 SDPA(SDP Amendment) ❑ Camival/Circus Permit 0 SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) 0 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) 0 TDR(Transfer of Development Rights) O PPL(Plans&Plat Review) 0 VA(Variance) O PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) • ❑ RZ(Standard Rezone) 0 OTHER Conditional Use Re-Review LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached)ParCel 195 1149 25 COMM W1/4 CNR SEC 11,N89DEG E 992.70FT,N 450.81 FT TO POB,N 350FT,E 995 82FT,8 350FT,W898.38FT TO POB LESS W 585E r,AND UNRECD PAR 141 JAC IND:COMM W114 CNR N89DEGE 992.70FT,N ODEG W 430.81 FT,N 890EG E 885FT FOR POB CONT 111.OBFT,S ODES E 170FT,889 DEG W 110.89FT,N ODEG W 170FT TO POB FOLIO(Property ID)NUMBER(s)of above(attach to,or associate with,legal description if more than one) 00248400006 STREET ADDRESS or ADDRESSES(as applicable,if already assigned) 1995 Elsa Street • 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 unpiatted properties) CURRENT PROJECT NAME(if applicable) Aggregate Specialties/Conditional Use Resolution#2008-373 PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) • SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP AR -14304 or AR or PL# BDPI P1.20140002704 • Co ler County 1 • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT 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 0 Fax ❑ Personally picked up Applicant Name: Jessica Harrelson, Davidson Engineering, Inc. Phone: 239.434.6060 Email/Fax: jessica(©davidsonengineering.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 00298900006 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: ��ti✓� '' 4 ►`- Date: 6/19/16 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED _• o $ p^ ' z KM CC 5 2 -1 - zrn —ll 1F;;'"1F;;—.1'" l bi •cm'tral f MU=nnlnd-luoenn T "I j —$ O W g r0 .7 R A P K cc, o 0 V ! 7q('p ___J 1!-DJ 5 - f3 Mit ima x n _ a MIR Ti fd e R n = TI nt F A R A !1 d 211 UI Ft g Ea =t,P F a g 11 b R 1 _" R s ^I/ ^ / n R i r NI R • _ _ " A i O ^ • 7 F _ \ ct.tD T/"h•M-N•LG telt-1 4,Aim cm • w R 6 E I OG-N 1-eL-1 N•ti•i-4, SIOWIxRT teHit^'IS tILtlLOUIb R., - V f 1 !----- L1 ISI-60 Leaf flAil•A fP•f• K 11 g R a; '� " L^^11_ a t�•�a i i'awiv-�n�VIII p • ai L J g h:w eaM«-E• 8411 it Mill 1 �I¢,, ,� e:s-F0 Lfli ro LN roti f ! R ; yil > l �gl qlA A x. it pi RlF R A �P'K�� UV! All I GC yG if VA N CIK 1' 1 1 1--- a sac"; 47'.'11-1,11 0-7e 4 M tf``i 1 41 = I I I 4 lt-N^N N•ft-1 1 1 8 1' 3Nrl NRr ST - - 9LKt L•iVt NKt-e a 1 "K 1. if 1 r A KG^et 1'GG^54 R•N % K 1 1 A K I " 0 i l Y , 111 7 c A R A_ a a R A R R A J t..•4-sci From: Fred Hood To: Jessica Harrelson . Subject: FW:Comprehensive Planning Comments for Aggregate Specialties CUR(re-review) Date: Wednesday,July 13,2016 8:30:27 AM FYI Frederick E. Hood Senior Planner Fred@davidsonengineering.com DE DAVIDSON ENGINEERING www.davidsonengineering.conl. Davidson Engineering,Inc. 4365 Radio Road,Suite#201 Naples, FL 34104 Phone 239.434.6060 Fax 239.434.6084 Disclaimer:This e-mail,along with any files transmitted with it,is for the sole use of the intended receipient(s). Any unauthorized review,use,retention,disclosure,dissemination,forwarding,printing or copying of this e-mail or attachments is prohibited. • From: ReischlFred [mailto:FredReischl@colliergov.net] Sent:Wednesday,July 13,2016 7:38 AM To:Fred Hood<Fred@davidsonengineering.com>;Andrew Rath <andrew@davidsonengineering.com> Subject: FW:Comprehensive Planning Comments for Aggregate Specialties CUR (re-review) Comp Planning comments. From: FaulknerSue Sent:Tuesday,July 12,2016 5:41 PM To: ReischlFred<FredReischl@colliergov.net> Subject:Comprehensive Planning Comments for Aggregate Specialties CUR(re-review) Hi Fred, Here are my comments from the Aggregate Specialties CUR pre-app meeting today: This subject site is designated Urban,Urban Industrial District. The Future Land Use Element states the following about the designation Urban, Urban Industrial District on page 67-68: D.Urban Industrial District • The Industrial Land Use District is reserved primarily for industrial type uses and comprises • approximately 2,200 acres. Besides basic Industrial uses,limited commercial uses are permitted. Retail commercial uses are prohibited,except as accessory to Industrial or Business Park uses. The C-5,C-4 and PUD Commercial Zoning Districts along the perimeter of the designated Urban Industrial District that existed as of October 1997 shall be deemed consistent with this Land Use District. Industrially designated areas shall have access to a road classified as an arterial or collector in the Transportation Element,or access may be provided via a local road that does not service a predominately residential area. Intensities of use shall be those related to: a. Manufacturing; b. Processing; c. Storage and warehousing; d. Wholesaling; e. Distribution; f. High technology; g. Laboratories; h. Assembly; i. Computer and data processing; j. Business services; k. Other basic industrial uses as described in the Industrial Zoning District of the Land Development Code; I. Business Park uses as discussed below and as described in the Business Park Zoning District of the Land Development Code;and • m. Support commercial uses,such as child care centers and restaurants. Pl as Are"Pi v i `Jketi q► .c sl n ! ~E firoA, At l itl ., ' 1� f .. .r!�d „owwr ee . et § l e rX o .s i d ear 's O*Aojh4tAtOrbarlr P 5161iit teti g ' 'S. set Feel free to contact me with any questions as you prepare you application. Kind Regards, Sue tauMPtneit Sue Faulkner, Principal Planner Collier County Government,Growth Management Department Zoning Division,Comprehensive Planning Section 2800 North Horseshoe Drive,Naples,FL 34104 phone:239-252-5715; E-fax:239-252-2838 email:5uefaulkn.rttcolliergov.net;website:www.colliergov.net 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 rl request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. li • Co ler County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (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 pre-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) 0 SDP(Site Development Plan) ❑ BD(Boat Dock Extension) 0 SDPA(SDP Amendment) ❑ Carnival/Circus Permit 0 SDPI(insubstantial Change to SDP) O Cu(Conditional Use) 0 SIP(Site Improvement Plan) O EXP(Excavation Permit) 0 SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat 0 SNR(Street Name Change) O LLA(Lot Line Adjustment) 0 SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) 0 TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) 0 VRP(Vegetation Removal Permit) O PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) • 0 RZ(Standard Rezone) j OTHER Conditional Use Re-Review LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached)Parcel 195 11 49 25 COMM W1/4 CNR SEC 11,N89DEG E 992.70E7,N 430.61 FT TO POB,N 350FT,E 996.82E7,S 350FT,W996.38FT TO POB LESS W 585E7,AND UNREC'D PAR 141 J&C IND:COMM W1/4 CNR N89DEGE 992.70E7,N ODEG W 430.61E7,N 89DEG E 885F1 FOR ROB CONT 111.06E7,S ODEG E 170FT,S 89 DEG W 110.69FT,N ODEG W 170E7 TO ROB FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) 00248400006 STREET ADDRESS or ADDRESSES(as applicable, if already assigned) 1995 Elsa Street • 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) Aggregate Specialties /Conditional Use Resolution #2008-373 PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) • SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP AR -14304or AR or PL# SDPI PL20140002704 Co County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.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: E Email 0 Fax ❑ Personally picked up Applicant Name: Jessica Harrelson, Davidson Engineering, Inc. Phone: 239.434.6060 Email/Fax: jessica@davidsonengineering.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 00248400006 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: """ ""`" Date: 6/14/16 pp Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE • UPDATED OR NEW FORM SUBMITTED f j.. Co er Coxnty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX(239)252-6358 CONDITIONAL USE RE-REVIEW LDC section 10.08.00&Code of Laws section 2-83—2-90 Ch. 3 C.3 of the Administrative Code Should the Hearing Examiner or the Board of County Commissioners approve a Conditional Use with stipulations, the Conditional Use shall be reviewed to determine whether the applicant has met the conditions of approval or whether additional/removal of the stipulations is necessary. The applicant must submit the required documents addressing the stipulations no later than 6 months prior to the date mandated by the Hearing Examiner or the Board of County Commissioners. PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED ❑A CONDITIONAL USE RE-REVIEW TO BE HEARD BY THE BOARD OF ZONING APPEALS 0 A MINOR CONDITIONAL USE RE-REVIEW TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER swm. _ APPLICANT CONTACT INFORMATION Name of Owner: AGGREGATE SPECIALTIES, INC. Address: 1995 ELSA STREET City: NAPLES State: FL ziP: 34104 Telephone: 239.253.1282 Cell: Fax: E-Mail Address: acegrading@aol.com Applicant/Agent: FREDERICK E. HOOD, AICP Firm: DAVIDSON ENGINEERING, INC. Address: 4365 RADIO RD, SUITE 201 City: NAPLES State: FL zIP: 34104 Telephone: 239.434.6060 Cell: Fax: 239.434.6084 E-Mail Address: FRED@DAVIDSONENGINEERING.COM PROPERTY INFORMATION 1 Property Address: 1995 ELSA STREET Cu Resolution#: 2008-373 Section/Township/Range 11 /49 /25 Folio#: 00248400006 • 6/3/2014 Page 1 of 3 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colllergov.net (239)252-2400 FAX(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: A Conditional Use Re-Review to be heard by the Board of Zoning Appeals Q A Minor Conditional Use Re-Review to be heard by the Office of the Hearing Examiner Chapter 3 C.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 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 REQUIRED Completed Application(download current form from County website) 8 ❑ Letter Describing Request 8 0 Necessary Documents to address stipulations 8 ❑ Pre-application meeting notes ® C Completed Addressing checklist(no older than 6 months) Q Complete,original Conditional Use Application ® ❑ Site Plan 24 in.x 36 in., plus one 81/2 in.x 11 in,copy 8 ❑ Copies of Warranty Deeds 3 ] . Boundary Survey 3 Affidavit of Authorization,signed and notarized ❑ TIS or waiver 7❑ ❑ Electronic copy of all documents *Please advise:The Office of the Hearing Examiner requires all 0 ❑ materials to be submittal electronically in PDF format. 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. • 6/3/2014 Page 2 of 3 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 FEE REQUIREMENTS Pre-Application Meeting:$500.00(to be credited towards the application fee if the application is filed within 9 months of pre-application meeting) I Conditional Use Re-Review Application:$750.00 Estimated Legal Advertising Fee for the Office of the Hearing Examiner or BCC:$500.00 ❑ 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 All checks payable to:Board of County Commissioners The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 • , \ 8.16.2016 Applicant Signature/Printed Name Date 6/3/2014 Page 3 of 3 DE ATTACHMENT "A" • NARRATIVE & EVALUATION CRITERIA The subject property is approximately 3.74 acres with an Industrial(I) zoning designation and an Urban Industrial future land use classification.The property is developed with a refuse system facility that was approved as a Conditional Use via Resolution 2008-373 (Conditional Use 2007-AR-12619).The purpose of this Conditional Use Re-Review is to eliminate the created preserve area from the master concept plan and modify Development Commitment #7 within the Resolution which stipulates that a Type "B" landscape buffer must be provided along the western portion of the south boundary to provide a Type "A"Landscape Buffer with an eight-foot high visual barrier. The Conditional Use was approved for the subject property in 2008 and at that time a minimum of 0.37 acres or 10%of the site was required to be retained for native preservation. Due to site constraints,a 0.37-acre created preserve was proposed along the western portion of the south boundaries. In 2014, the County's Land Development Code (LDC)was amended, pursuant to Ordinance 14-33,to no longer require a native vegetation retention area for Industrial zoned parcels that have a native retention requirement of two(2)acres or less(LDC Section 3.05.07.8.2.h).The native preservation required for the site is less than two acres,therefore,the created preserve is no longer required. Per Development Commitment#7,the 15-foot Type"B"Landscape buffer was required to screen views of the piles and prevent dust from traveling off-site.In lieu of the 15-foot wide Type"B"landscape buffer along the western portion of the south boundary,an eight-foot high visual barrier and a five-foot wide Type"A"landscape buffer will be provided to screen views of the piles and to prevent dust from traveling • off-site while also expanding the "work area". A Type "A" five-foot wide landscape buffer is also the required buffer yard along the side and rear property lines for industrial zoned property abutting properties with the same zoning designation per LDC 4.06.02.C. Evaluation 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): Response: The proiect is consistent with the Collier County LDC and GMP in that the active refuse system facility is a permitted Conditional Use within the Collier County LDCs,Section 2.04.03,I—Industrial Zone(SIC Code 4953)that was approved by Resolution 2008-373.Additionally, the request to remove the created preserve complies with the current LDC,as properties with Industrial zoning with a native preservation retention requirement of two acres or less are no longer required to provide a preserve area. Furthermore,A Type "A"five-foot wide landscape buffer is also the required buffer yard along the side and rear property lines for AGGREGATE SPECIALTIES CONDITIONAL USE RE-REVIEW • ,rl ATTACHMENT"A" NARRATIVE&EVALUATION CRITERIA OCTOBER 2016 1 www.davidsonengineering.com DE pAY c? 9N • industrial zoned property abutting properties with the same zoning designation per LDC 4.06.02.C. 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: Response: The subject property is an active refuse system site. There are no new ingress and egress points proposed or needed in relation to this Conditional Use request. The existing access point is on Elsa Street and has functioned in that capacity for the past several years with no incidents and will continue to function similarly. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: Response: The area surrounding the subject property is developed with industrial uses. The site contains an existing refuse system activity. The granting of the Conditional Use will have a minimal,if any,effect upon the existing neighboring properties in the way of noise,glare,economic impact or odor due to its current existence and operation for the past several years. 11111 d. Describe the site and the proposed use's compatibility with adjacent properties and other properties in the district: Response: The request is for an existing and developed site,located within an Industrial Park.All immediate surroundina land uses,within the Industrial Park are also developed with industrial uses and share the same Industrial zoning designation. Therefore,the request is consistent with the surrounding land uses.Additionally,an 8-foot high visual barrier,and a Type"A"landscape buffer,as required per the LDC for properties abutting Industrial zoning designations,is proposed along the western portion of the south boundary of the property to screen views of the property from the southern adjacent developments and to prevent debris from traveling off-site. AGGREGATE SPECIALTIES CONDITIONAL USE RE-REVIEW • ATTACHMENT"A" NARRATIVE&EVALUATION CRITERIA OCTOBER 2016 2 www.davidsonengineering.com AFFIDAVIT OF AUTHORIZATION I,ROCCO MIGLIAZZO (print name),as DIRECTOR.(title,if applicable)of AGGREGATE SPECIALTIES. INC j(company,if applicable),swear or affirm under oath,that I am the(choose one): 11111 The owner X applicant contract 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 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. I 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. We/I authorize Davidson Engineering, Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. 6. Applicant is the owner of the property described herein and which is the subject matter of the proposed submittal; that all the answers to the questions in this application, including the disclosure of interest information,all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief;and that if Applicant is not providing an attorney's opinion of title,that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application,and is honest and true to the best of Applicant's knowledge and belief. 7. Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed, shall not be altered. Applicant further understands that if Public Hearings are required,they will not be advertised until this application is deemed complete, and all required information has been submitted. *Notes: •If the applicant is a corporation,then it is usually executed by the corp.pres.or v.pres. •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 con 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,l declare that I have read the foregoing Affidavit of Authorization and that the facts stated In it are true. / Signature ,,,, 444 JESSICA JESSICA HARRELSON Date -44� Notary Con�Mdoa l ff fb4�Y i STATE OF ,_ -, Co�nmAssids Mw 111,2020 COUNTY OF Csl to .. �` ` woo woo Now NOWT ASSN. The foregoing instrument was sworn to(or affirmed)and subscribed before me on \ (date)by (name of person providing oath or affirmation), s who is personal) to hi or who has produced (type of identification)as identification. —� MUION S of Not ublic • r. ' NotarSTIy SI-stt.of f brlai .•. Commission 0 FF 954332 "..mm Ftipires May 18,2O? , AFFIDAVIT OF AUTHORIZATION I,LAWRENCE GOWDISH (print name),as DIRECTOR.(title,if applicable)of AGGREGATE SPECIALTIES.INC.,(company, 1 • if applicable),swear or affirm under oath,that I am the(choose one): The owner X applicant contract 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 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; 1 3. I 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. We/I authorize Davidson Engineering, Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. 6. Applicant is the owner of the property described herein and which is the subject matter of the proposed submittal; that all the answers to the questions in this application,including the disclosure of interest information,all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief;and that if Applicant is not providing an attorney's opinion of title,that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application,and is honest and true to the best of Applicant's knowledge and belief. 7. Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed, shall not be altered. Applicant further understands that if Public Hearings are required,they will not be advertised until this application is deemed complete, and all required information has been submitted. III "Notes: •If the applicant is a corporation, then it is usually executed by the corp.pres.or v.pres. •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 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 at I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. -6,C I f Signature Date STATE OF 1. COUNTY OF kQ he foregoing instrument as sworn to(or affirmed)and subscribed before me on tQ��b (date)by j The 604-)( (name of person providing oath or affirmation), `�CC'C CVJ who is personally known to me or who has produced (type of identification)as' ntification. --- 'timmodhamihmilkaimakraiiiikardho *MA NA1M1PA* l f STA `- NWry Nag IN:01 f1otivii0o ( ignat e of Notary Pub is My Cam tipit$May IL 2020 I 1 ,1 Bonded N rosEA Ipianal Notary Assn 1 • —� - - INSTR 4956398 OR 5017 PG 2037 RECORDED 3/18/2014 9:10 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOCD.70 $5,250.00 REC $27.00 CONS $750,000.00 1 • THIS INSTRUMENT PREPARED BY: John P.White,P.A. John P.White I 1575 Pine Ridge Road,Suite 10 Naples,FL 34109 RECORD AND RETURN TO: Antonio J.Faga,Esq. Law Office of Antonio Faga 7955 Airport Road North,#202 Naples,FL 34109-1794 1 RE PARCEL ID#:002488400006 CONTRACT SALES PRICE:$750,000.00 • ' ,It: ► _ 0I 'A. I it- THIS WARRANTY o E Doi lr 4 • this 10th da of arch, 2014 by Martha A. Vaughn, unmarried, a/k/a M: • au: i i, ': ,' idual a,d as surviving spouse of Kenneth Oscar Vaughn a a enneth" a ' .hn, enne ' aughn and K. O. Vaughn, deceased, hereinafter referr.. t. .t.0A, vv q ?t 70 Northgate Drive, Naples, FL 34105, to Aggregate S ec n #f`•n 4 ft .do hereinafter referred to as Grantee,whose address is 2 e':. 1 P _ Boni S. :s,FL 34135 . (Wherever used herein the » tor and"grantee"includ y the.,, i tQ i instrument and the heirs, legal representatives ,,4, 'pis of individuals,and th •�,`—s q tas_ns of corporations.) Q ITNESSET '�� THAT Grantor,for and in c•,. d• - ►i„ i. :- Ten and NO/100 Dollars and other valuable considerations, in hand paid . . ''T,._ ' ss eipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, re eases, conveys and confirms unto Grantee the following described land situate, lying and being in the County of Collier, State of Florida to wit: Parcel I, Parcel II, and Parcel Ill, being Parcels 141, 142, and 143 of J Sr C Industrial Park,an unrecorded subdivision,as more particularly described and identified in the attached Exhibit"A". SUBJECT TO taxes accruing subsequent to December 31, 2013, covenants and i restrictions common to the subject property, oil and gas mineral interests, if any, and easements of record,if any;however,this reference thereto shall not operate to re-impose same. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of said land in fee simple;that Grantor has good right and lawful authority to sell and convey said land;that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances. Page 1 of 2 Form software by:Automated Real Estate Services,Inc.-800.33E1.1295 File:14047 11111 I oR 5017 PG 2038 0 IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in our presence: (Two Sep toeWittnnesssses Required) //• . ./(CC.fl7( d , e -410 Martha A.Vaughn,a/k/a Martha Vau n Witness/ individually,and as surviving spouse or `/ Kenneth Oscar Vaughn a/k/a Kenneth 0. Vaughn,Kenneth Vaughn and K.0. 0\l8.0,R COW Vaughn,deceased / it, I . 14 i Witne' • d Witness may also be th no iT� pu r li pn STATE OF Florida C''' 4 COUNTY OF Collier p The foregoing instrument was ac • . • before r- t • 1 day of March,2014 by Martha A. Vaughn, unmarried, a/k/a Ma . , v. , • 'nay and as surviving spouse of Kenneth Oscar Va hn a/k/a Kenneth . . a n, Kenneth Vaughn and K. O. Vaughn, deceased. She is EV)personally 'known to me,or[ ]has produced Driver's License(s)as identification. • P•r' r JOHN P.MITE \ Th._ * .11YCONUta$IONeDO99B578 .r EXPIRES:June 7,2014 Ivotaq•Public Signature X4,14 8odtIneReg NorlSmkn (........... My c�nmission expires: Documentary Stamps in the amount of have been paid. I 0 Page 2 of 2 Form software by:Automated Real Estate Services,Inc.-800.330.1205 File:14047 *** oR 5017 PG 2039 *** • 1 EXHIBIT"A" Parcel I: Parcel 141, J&C Industrial Park,an unrecorded subdivision,being described as follows: Part of the Northwest 1/4 of Section 11 Township 49 South,Range 25 East,I&C Industrial Park,Collier County, Florida,more particularly described as; Commencing at the West 1/4 corner of Section 11,Township 49 South,Range 25 East,Collier County,Florida; thence along the East and West 1/4 line of said Section 11,as surveyed,N 89°30'40"E,992.70 feet to the centerline of a road;thence along said centerline,N 0°31'42"\V,430.61 feet;thence N 89°28'18"E,885.00 feet for a place of • beginning; thence continuing along the last described course,111.06 feet; thence S 0°24'17 E,170.00 feet; x �0 thence S 89°28'18 N,110.69 feet; 13 , � ,rthwest 1/4 of Section 11. thence N 0°31'42"N,170.00 feet to the Pla y r mg,being , C Parcel II: Parcel 142, J&C Industrial Park,an ,nre•'rded subdi in dd 'bed as ollo s: Part of the Northwest 1/4 of Section 1 T. ip :• 7' TCndu trial Park,Collier County, Florida,more particularly described Commencing at the Nest 1/4 corner• 77.•i' ,To • p•' • 5 Collier County,Florida; thence along the East and\Vest 1/4 Ii ' id Section 11,as surve °30'•. 992.70 feet to the centerline of a mad;thence along said centerline, �•�'42"W,430.61 feet f•- o' ning; thence continuing along the last describe ,150.00 feet; (.J thence N 89°28'18"S,996.38 feet; thence S 0°24'17"E,150.00 feet; thence S 89°28'18"W,996.06 feet to the place o • ,a „ •. ko NW 1/4 of said Section 11,less and except premises described in deeds recorded in OR B S. '•• • '24 and OR Book 3261,page 2642. Parcel 143, J&C Industrial Park,an unrecorded subdivision,being described as follows: Part of the Northwest 1/4 of Section 11 Township 49 South,Range 25 East,J&C Industrial Park,Collier County, Florida,more particularly described as; Commencing at the West 1/4 corner of Section 11,Township 49 South,Range 25 East,Collier County,Florida; thence along the East and\Vest 1/4 line of said Section II,as surveyed,N 89°30'40"E,992.70 feet to the centerline of a road;thence along said centerline,N 0°31'42"W,580.61 feet for a place of beginning; thence continuing along the last described course,200.00 feet; thence N 89°28'18"S,996.82 feet; thence S 0°24'17"E,200.00 feet; thence S 89°28'18"\V,996.38 feet to the place of beginning,being part of the N\V 1/4 of said Section 11,less and except premises described in deeds recorded in OR Book 2464,page 2924 and OR Book 3261,page 2642. i • 1 RESOLUTION NO.08-3 7 3 _ • A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A REFUSE SYSTEM FACILITY WITHIN AN INDUSTRIAL "I" ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.04.A.I.c. 16. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 11, TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public;and WHEREAS,the County pursuant thereto has adopted a Land Development Code(Ordinance No. 2004-41,as amended)which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses;and • WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a refuse system facility within an Industrial "I" Zoning District pursuant to Subsection 2.03.04.A.1.c.16. of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings as described in Exhibit "A" that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.O0.D. of the Land Development Code;and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS • • OF COLLIER COUNTY,FLORIDA that: Page 1 of 2 Petition Number CU-2007-AR-12619 filed by Tim Hancock, AICP of Davidson Engineering, . representing K.O.V.A.C. Enterprises LLC, with respect to the property hereinafter described in Exhibit "B", be and the same is hereby approved for a Conditional Use for a refuse system facility within an Industrial "I" Zoning District pursuant to Subsection 2.03.04.A.1.c.16. of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit"C" and subject to the conditions found in Exhibit "D". Exhibits "B", "C" and "D" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-majority vote, this I&,day of it'�iyv+l .r ,2008. ATTEST: r•„ BOARD OF ZONING APPEALS Dwight E: Broc ,,CJerk COLLIER COUNTY, LORIDA • By: — ?Ir • ,Deputy Clerk i HENNING, Ch. Aft* t as to 1 s gaa�tire Approved as to form and legal sufficiency: --- • Lk_ /l £k'o (ossi Heidi Ashton-Cicko Assistant County Attorney Exhibits attached: A. Findings of Fact B. Legal Description C. Conceptual Site Plan D. Conditions • P:08.CPS-007771Reso Page 2 of 2 • FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-12619 The following facts are found: 1. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes 1 No B. Ingress and egress to 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: • Adequate ingress&egress Yes 1/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ✓ No / Based on the above findings, this conditional use should,with; 'pulations,(copy attached)be recommended for approval to the Board of Zoning Appeals. • DATE: iq 441 COMMISSIONER: 1111 EXHIBIT A FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-12619 The following facts are found: 1. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ✓ No B. Ingress and egress to 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: egress ingress& Yes f No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: V. No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above findings,this conditional use should,with stipulations,(copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: COMMISSIONER: /4pr EXHIBIT A • ® FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-12619 The following facts are found: 1. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: I Yes '' No B. Ingress and egress to 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: • Adequate ingress&egress Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by )st,CUc t q Cimciti( ,_ Affect cannot be mitigated o D. Compatibility with adjacent properties and other property in the district: Compatible use 'thin district Yes No Based on the above findings,this conditional use should,with stipulations,(copy attached)be recommended for approval to the Board of Zoning Appeals. DATE: /0//c"/dhticIER: /_ de 411 EXHIBIT A FINDING OF FACT • BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-12619 The following facts are found: I. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes j/ No B. Ingress and egress to 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: Adequate ingress&egress • Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by / S pit) Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes i7No Based on the above findings,this conditional use should,with stipulations,(copy attached) be recommended for approval to the Board of Zoning Appeals. _ r! V fw DATE: t0� 1� � COMMISSIONER: Exhibit A . • FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-12619 The following facts are found: 1. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes / No B. Ingress and egress to 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: • Adequate ingress&egress Yes ✓ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by 4 77/3GA1-4-77'AJS Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above fmdings,this conditional use should,with stipulations, (copy attached)be recommended for approval to the Board of Zoning Appeals. DATE: / /& D d COMMISSIONER: /1111/14- • ExHIBIT A FINDING OF FACT . BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-12619 The following facts are found: 1. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to 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: Adequate ingress&egress • Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by PoitTh Ltd CMU( /1Cot. 41/gm Lid& Affect cannot be mitigated P R cts D. Compatibility with adjacent properties and other property in the district: Compatible use within/ district Yes V No Based on the above findings,this conditional use should, with stipulations, (copy attached)be recommended for approval to the Board of Zoning Appeals. DATE: /0//4/K 1 i EXHIBIT A • • FINDING OF FACT BY THE COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2007-AR-12619 The following facts are found: l. Section 2.03.03.C.5 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with a Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to 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: • Adequate ingress egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wi ' district Yes No Based on the above findings, this conditional use should, with stipulations,(copy attached)be recommended for approval to the Board of Zoning Appeals. Z ea 7- Z%'4// 7-1-.' DATE: to /� '� C G}2�4A4ISS�ONER: ,s . S/0"°V.' EXHIBIT A i 1 ..• . . ' � • ; it* OR:( '1 PG; 1062 jot 107. J i C DmisRl hIL PARR. sa iraidal...thiii: ded Dlst, ears aastieularly duoslbsd u follovst o s C IfcU$TR1AL P&R PART Of TVR NV 1/fi OF $ECT TOI_IP 0{ ROM. RANaR 2C0 UM COfR TT. FLORIPsa. 111 . c______ �R at the fast 1/f oorwr of D 1, Teemehiy0!nth, Rape 2f Raet. Coiner Csf.tty. fl !Menem alpeR theRest sew Nee% 1/0 lin. of said Sectiom ��' N roads Thoea•{!•20'00• R. 82.70 Lwt to tM. oa•terlia �,.10 i said ceaterlloe, N 0.11'12• N, 500. tfor a MLACtRR NNIMa$l�p0e ppptlafipalo g the last describsss. 700.00 Bets!hems P ff•7f'lf• R, pH{.02 R CQT Nees 0 0.10'17• f, 200. st fpiaeleR� 1111/ • ef•2R'30• N, ! ' F' beiNQ Pam � aM fifth. lenge 2{ Seat, -- *`�, C•�y. Florida S 0 C 0 t, \ 1-4 ''''''/'()...1*: . TEG i Exhibit B 0 ' (... ... ,Vmose••••••••••••••••*r‘i r _g- w I7 -....--z---. . *, a� + b • 1 . P I mom= I I i Al i t _ r i /p 1r1 v 1114 ligV 14 kil 11 111 01 4. _ d 40 111_1. _l_ 111L_ 11 1 1 01 lii z cr hi v d3ad30W10t3 ♦ tt ♦ 41 Li_ wo.aaw 3 id , ii,/ - 1 1 -----? (.....)....:r2r...__.1-:wi:1 . :E..; irq I I 0 .All. III h ii 1* gil i i Al ,5I ti - Mg 11 i it 0 p 0 0 . siii WI , i 1 Ul CIE _4,,:„...//z.....il / ii I:1 i IP 01 gill i\ --- -: t _ _ ______ 01 51 -,i,„:, , 41, i11r1' 1 , l'i; Pli 111 Elm Pie Al 1ii OPERIc 4 Oittg d 111 4e 1;1 v ilii ll 1k1 . i lig 1111 141!It§ ilte mlll Alill ifi ciIi 0 YW -11 1 O All! Ail . q;illii 1Ira rz Ii _ aiii i ` ra.x.aMAII A.uarwrMn+nis.rMwwrw.kwm..ewwa.+u.Wal i DEVELOPMENT CONDITIONS III CU-2007-AR-12619 NOVEMBER 6,2008 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as entitled "KOVAC Conditional Use Master Concept Plan," prepared by Davidson Engineering, Inc., dated February 12, 2008, as revised through October 23,2008. 2. No structures, including the existing structures, shall be permitted on the site unless an SDP has been reviewed and approved by County Zoning and Land Development Review staff. An SDP application shall be submitted to the County within 90 days of Conditional Use approval or the existing structures shall be removed. 3. Only one crushing machine shall be allowed to operate on the site; and shall not be located within 200 feet of any of the property's southern and eastern boundaries. In order to reduce the impact on adjacent properties,this crusher shall be elevated or designed by a certified Florida engineer in such a way as to reduce the machinery's vibrations. III 4. To minimize the effect of noise and windborne dust on the commercial business to the south, the truck loading area shall be located in the northeastern quadrant of the site. 5. Sprinklers shall sufficiently water working areas of the site at least twice daily to effectively control windborne dust. Additionally, water shall be applied to the crushed by-product material at all times that the crusher is in operation. 6. The maximum height of material piles shall be limited to 40 feet. Off***a elt ifibiepediiitSoUtit , 8. The first 150 feet of the site's entrance drive shall be paved as part of the first development order. This entrance shall also have a gate, which shall be locked outside of business hours. III Exhibit D • DEVELOPMENT CONDITIONS CU-2007-AR-12619 NOVEMBER 6, 2008 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as entitled "KOVAC Aggregate Specialties Conditional Use Master Concept Plan," prepared by Davidson Engineering,Inc.,dated October December2.-3l2.200816. 2. No structures,including the existing structures,shall be permitted on the site unless an SDP has been reviewed and approved by County Zoning and Land Development Review staff. An SDP application shall be submitted to the County within 90 days of Conditional Use approval or the existing structures shall be removed. 3. Only one crushing machine shall be allowed to operate on the site; and shall not be located within 200 feet of any of the property's southern and eastern boundaries. In order to reduce the impact on adjacent properties,this crusher shall be elevated or designed by a certified Florida engineer in such a way as to reduce the machinery's vibrations. 4. To minimize the effect of noise and windborne dust on the commercial business to the south,the truck loading area shall be located in the northeastern quadrant of the site. 5. Sprinklers shall sufficiently water working areas of the site at least twice daily to effectively control • windborne dust.Additionally, water shall be applied to the crushed by-product material at all times that the crusher is in operation. 6. The maximum height of material piles shall be limited to 40 feet. 7. To screen views of the piles and to help prevent dust from traveling off-site,a Type B buffer shall be provided along the site's soother-+ d southwestern boundariesy at the interface of abutting uses. A five-foot wide Type A landscape buffer with an eight-foot high visual barrier shall be provided along the site's southern boundary at the interface of abutting uses. 8. The first 150 feet of the site's entrance drive shall be paved as part of the first development order. This entrance shall also have a gate,which shall be locked outside of business hours. • Exhibit D DEVELOPMENT CONDITIONS • CU-2007-AR-12619 NOVEMBER 6, 2008 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as entitled "Aggregate Specialties Conditional Use Master Concept Plan,"prepared by Davidson Engineering,Inc., dated December 12,2016. 2. No structures,including the existing structures,shall be permitted on the site unless an SDP has been reviewed and approved by County Zoning and Land Development Review staff. An SDP application shall be submitted to the County within 90 days of Conditional Use approval or the existing structures shall be removed. 3. Only one crushing machine shall be allowed to operate on the site; and shall not be located within 200 feet of any of the property's southern and eastern boundaries. In order to reduce the impact on adjacent properties,this crusher shall be elevated or designed by a certified Florida engineer in such a way as to reduce the machinery's vibrations. 4. To minimize the effect of noise and windborne dust on the commercial business to the south,the truck loading area shall be located in the northeastern quadrant of the site. 5. Sprinklers shall sufficiently water working areas of the site at least twice daily to effectively control windborne dust. Additionally,water shall be applied to the crushed by-product material at all times . that the crusher is in operation. 6. The maximum height of material piles shall be limited to 40 feet. 7. To screen views of the piles and to help prevent dust from traveling off-site,a Type B buffer shall be provided along the site's southwestern boundary at the interface of abutting uses. A five-foot wide Type A landscape buffer with an eight-foot high visual barrier shall be provided along the site's southern boundary at the interface of abutting uses,with the visual barrier being a solid fence or wall in combination with or without a berm to achieve the 8-foot height. 8. The first 150 feet of the site's entrance drive shall be paved as part of the first development order. 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I : z 1 • * • ,• 1 i CLC '2 li '• ‘4 2 ' ' , 114I k I , ,, • . @ 411• k i t ,11 ; • . .. t:.. / t c• .4 t ta , is R • i is CI ,0 \• %.II I k ' J 14 .• 4I-----, • • ., . r, C2 v v .• V \ I 4 ..r• ...„.. I t I eft vrov • . *V.• • "''''''-‘11) 's....._ . ----r—P.M` —...., -,, • ,40#3 exaa..",7 a..7.ruProa, \s--- / .....Ase 4/...7d Ar .A. ..) . . •.;., •, •. . • Ace Grading 2395949227 p.2 • To Whom It May Concern, Please be advised that I,as Property Owner of an adjacent site to the south of the subject property located at 1995 Elsa Street, have no objection to the installation of an (8j-eight foot high visual barrier in lieu of the previously proposed and permitted recreated on-site preserve. Sincerely, G•10,5*CP -- g -- C Co Signature Date Th81Mri<C `S .'A.tk/L Name(Printed) �- Address • Ace Grading 2395949227 p.3 • To Whom It May Concern, Please be advised that I, as Property Owner of an adjacent site to the south of the subject property located at 1995 Elsa Street, have no objection to the installation of an {8)-eight foot high visual barrier in lieu of the previously proposed and permitted recreated on-site preserve. Sincerely, Signature ` Date Name(Printed) � I L2 SP Si Address • Ace Grading 2395949227 p.4 • To Whom It May Concern, Please be advised that I, as Property Owner of an adjacent site to the south of the subject property located at 1995 Elsa Street, have no objection to the Installation of an (8)-eight foot high visual barrier in lieu of the previously proposed and permitted recreated on-site preserve. Sincerely, Signature Date DC PC/ C l S 1hF/F, • Name(Printed) • /9 3 ei. s'/1 _s / fl/,/E65 • Address • 05/27/2016 10:15 FAX 239 9471232 APEX NAPLES Qj002 - • //yOaeo tic* 4441/44/i'- /14.gRa To Whom It May Concern, Please be advised that I,as Property Owner of an adjacent site to the south of the subject property located at 1995 Elsa Street, have no objection to the installation of an (8)-eight foot high visual barrier in lieu of the previously proposed and permitted recreated on-site preserve. Sincerely, oh- J - 5(21/r6 Signal Date • —ems Name(Printed) r ( °l 7 7 t f!9 Address I 1 • 1 05/27/2016 10:15 FAX 239 9471232 APEX NAPLES 11 003 /ç'ERc/ t'01C/ To Whom It May Concern, Please be advised that I, as Property Owner of an adjacent site to the south of the subject property located at 1995 Elsa Street, have no objection to the Installation of an (8)-eight foot high visual barrier In lieu of the previously proposed and permitted recreated on-site preserve. Sincerely, --ALE c ,%, (Z6/1k, Sig ature Date • 1,A-044- reacattr Name(Printed) Address • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING&LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239)403-2400 FAX (239)643-6968 • i \ ORIGINAL CONDITIONAL USE APPLICATION APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE PETITION NO (AR) PROJECT NAME PROJECT NUMBER To be completed by staff DATE PROCESSED ASSIGNED PLANNER ABOVE TO BE COMPLETED BY STAFF I APPLICANT INFORMATION NAME OF APPLICANT(S) K.O.V.A.0 ENTERPRISES,INC. • ADDRESS 1392 FRANK WHITEMAN_BLVD CITY NAPES STATE FL ZIP: 34103 TELEPHONE#: (239)-262-3297 CELL#: FAX#: (239)-242-3297 I E-MAIL ADDRESS: NAME OF AGENT TIM HAIVcQCK,AICP FIRM DAVIDSON ENGINEERING,INC. ADDRESS 2154 TRADECENTER WAY SLATE 3 CITY NAPLES STATE FL ZIP 34109 TELEPHONE#(239)597-3916 CELL# FAX# (239259]-1195 E-MAIL ADDRESS: TIM a�DAVIDSONENGINEERING.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. • APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE—4/14/03,rev 5/20/2005 f � ASSOCIATIONS Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. • NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP • DISCLOSURE OF INTEREST INFORMATION 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 percentage of such interest.(Use additional sheets if necessary). Name and Address Percentage of Ownership Martha Vaughn 100% 1392 FRANK WHITEMAN BLVD I i , I APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE—4/14/03,rev 5/20/2005 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership I � I • � 1 I APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE—4/14/03,rev 5/20/2005 I J 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 • officers, stockholders,beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers,if a corporation, partnership, or trust. Name and Address • � I g. Date subject property acquired ® leased ❑Term of lease yrs./mos. Response: The property was acquired by the owner on January 9. 1997 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. 411 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE—4/14/03,rev 5/20/2005 PROPERTY,LOCATION • Detailed legal description of the property covered by the application: (If space is inadequate,attach on separate page.) If request involves change to more than one zoning district,include separate legal description for property involved in each district. Applicant shall submit four(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. NOTE: 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. Section/Township/Range 11 / 49 S / 25 E Lots: 141,a portion of 142 and a portion of 143 Subdivision:J&C Industrial Park Plat Book: Page#: Property I.D.#:00248400006 Metes& Bounds Description: PARCEL 1:LOTS 142 AND 143,J&C INDUSTRIAL PARK,AN UNRECORDED PLAT BY BRUCE GREEN& ASSOCIATES,INC.LYING THE THE NORTHWEST 1/4 OF SECTION 11,TOWNSHIP 49 SOUTH,RANGE 25 EAST COLLIER COUNTY,FLORIDA,LESS THE WEST 585.00 FEET. PARCEL 2: LOTS 141 J&C INDUSTRIAL PARK,AN UNRECORDED PLAT BY BRUCE GREEN&ASSOCIATES,INC.LYING THE THE NORTHWEST 1/4 OF SECTION 11,TOWNSHIP 49 SOUTH,RANGE 25 EAST COLLIER COUNTY.FLORIDA. rl. SIZE OF PROPERTY_±411 ft.X± 520 ff. =Total Sq. Ft.: 162.478.80 SF Acres:3.73 Acres • ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: The property is located at 1995 Elsa Street. ADJACENT ZONING,AND LAND USE Zoning Land use N: "I" Improved Industrial/Commercial Storage S: "I" Improved Industrial E: Improved Public Facility.Improved Industrial and Improved Industrial W: 'T" Vacant Industrial Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate,attach on separate page). Response: No Section/Township/Range Lot: Block: Subdivision: Plat Book Page#: Property I.D.#: • Metes& Bounds Description: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE—4/74/03,rev 5/20/2005 CONDITIONAL USE REQUEST DETAIL Type of Conditional Use:This application is requesting a conditional use allowed per LDC Section 2.04.03 of the • "P'Industrial zoning district for Concrete Recycling (type of use). Present Use of the Property: Concrete Recycling EVALUATION CRITERIA Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 10.08.00. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals 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, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each.(Attach additional pages as may be necessary). 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): Response: The aroiect is consistent with the Collier County LDC and GMP in that the active concrete recycling site is a permitted Conditional Use within the Collier County LDC's, Section 2.04.03,1—Industrial Zone as refuse systems(SIC Code 4953).The applicant is requesting a • Conditional Use in order to continue legally operate the existing use. The project's use is also consistent with the Collier County GMP in that the LDC's Industrial District is founded on the present Future Land Use(l—Industrial). 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: Response: The subject property is an active refuse system site. There are no new ingress and egress points proposed or needed in relation to this Conditional Use reauest. The existing_access point is on Elsa Street and has functioned in that capacity for the past several years with no incidents and will continue to function similarly. • APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE—4/14/03,rev 5/20/2005 c. Describe the effect the conditional use will have on neighboring properties in relation to noise,glare, economic impact and odor: Response: The granting of the Conditional Use will have a minimal, if any, effect upon the existing neighboring properties in the way of noise,glare,economic impact or odor due to its current existence and operation for the past several years. The area surrounding the subject property is populated with uses ranging from vacant industrial to the immediate west, improved industrial storage to the north, improved industrial uses to the east inclusive of SFWMD facilities. The site contains an existing refuse system activity. The proposed Conditional Use will provide the applicant the opaortunity to operate and attain legal zoning for a permitted_use. No additional development activity is anticipated on the subject property durjpg the life of the refuse system activity on this site. d. Describe the site and the proposed use's compatibility with adjacent properties and other properties in the district: Response: The subject property is currently being operated as a refuse system facility aqd has been operated as such for several years.As previously stated,the subject property is surrounded by vacant and improved industrial parcels.The refuse system use is permitted as • a conditional use within the Industrial District and Industrial future kind use designation. 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. Response: There are no deed restrictions associated with the subiect property. Previous land use oetitionspn 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? Response: No • APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE—4/14/03,rev 5/20/2005 Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the • preapplication meeting. a. A copy of the pre-application meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 81/2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC); • all existing and proposed structures and the dimensions thereof, • provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled, • locations of solid waste (refuse) containers and service function areas, • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), • • • proposed and/or existing landscaping and buffering as may be required by the County, • location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be e. consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting); • APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE—4/14/03,rev 5/20/2005 i. The petitioner must provide a letter of no objection from the United States Postal Service prior to • submittal of the application. Please contact Robert M. Skebe, Growth Management Coordinator at: U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102-9998 Phone (239) 435-2122; Fax (239) 435-2160 j . Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. 11 BE ADVISED THAT SECTION 10.03.05.8.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING 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. • • APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE—4/14/03,rev 5/20/2005 CONDITIONAL USE • (CU)APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED STANDARD REQUIREMENTS: Cover letter briefly explaining the project 20 X Application (completed &signed) (download from website for 20 current form) X *Additional set if located in the Bayshore/Gateway Triangle 1 Redevelopment Area) X Addressing Checklist s fined by Addressing 1 X Pre-Application meeting notes 20 X Conceptual Site Plan 24" X 36" plus (one 8 1/2 X 11 copy) 20 X • Copies of Warranty Deed(s) 2 X Completed Owner/Agent Affidavits, Notarized 1 X Environmental Impact Statement (EIS), and digital/electronic X copy of EIS or exemption justification 3 Aerial Photographs(taken within the previous 12 months) 5 X Statement of utility provisions (with all required attachments & sketches) 1 Traffic Impact Statement(TIS), or waiver 7 X Historical and Archeological Survey, or waiver 4 X Copies of State and/or Federal Permits Architectural Rendering of Proposed Structure(s) 4 X Electronic copy of all documents and plans (CDROM or 1 Diskette) X Letter of no objection from the United States Postal Service. Contact Robert M. Skebe at(239)435-2122. 1 X Applicant/Agent Signature Date • APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE—4/14/03,rev 5/20/2005 dsis r• • r-,0,..,0- --. AFFIDAVIT We/1, being first duly sworn, depose and say that we/1 am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/1 further authorize to act as our/my representative in any matters regarding this Petition. i Signature of Property Owner Signature of Property Owner • Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this day of , 20 , by who is personally known to me or has produced as identification. State of Florida (Signature of Notary Public - State of County of Collier Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) H . APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE—4/14/03,rev 5/20/2005 ADDRESSING CHECKLIST Please complete the following AND FAX (239-659-5724) OR SUBMIT IN PERSON TO THE ADDRESSING SECTION. FORM MUST BE SIGNED BY ADDRESSING PERSONNEL PRIOR TO PRE-APPLICATION MEETING. Not all items will apply to every • project. Items in bold type are required. LEGAL DESCRIPTION of subject property or properties(copy of lengthy description may be attached) 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) LOCATION MAP,showing exact location of project/site in relation to nearest public road right-of-way (attach) COPY OF SURVEY (NEEDED ONLY FOR UNPIATTED PROPERTIES) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES(if applicable) Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY),SDP - or AR- Petition Type—(Complete a separate Addressing Checklist for each Petition Type) ❑ SDP(Site Development Plan) 0 PPL (Plans&Plat Review) • ❑ SDPA(SDP Amendment) ❑ PSP (Preliminary Subdivision Plat) ❑ SDPI (SDP Insubstantial Change) 0 FP (Final Plat) ❑ SIP(Site Improvement Plan) 0 LLA (Lot Line Adjustment) ❑ SIPI(SIPI Insubstantial Change) 0 BL (Blasting Permit) ❑ SNR (Street Name Change) 0 ROW (Right-of-Way Permit) ❑ Vegetation/Exotic(Veg.Removal Permits) ❑ EXP (Excavation Permit) ❑ VRSFP (Veg. Removal&Site Fill Permit) 0 TDR (Transfer of Development Rights) O Land Use Petition(Variance,Conditional Use,Boat Dock Ext.,Rezone,PUD rezone,etc.) O Other-Describe: Project or development names proposed for,or already appearing in, condominium documents(if applicable;indicate whether proposed or existing) Please Check One: ❑ Checklist is to be Faxed Back ❑ Personally Picked Up Applicant Name Phone Fax Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number Address Number Address Number Address Number •r r..1"•(Approved by Date • APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE—4/14/03,rev 5/20/2005 � I DE DAVIDSON INEIN www d dsoneEnb neRering c m 4365 Radio Road, Suite 201 • Naples, FL 34104 • P(239)434.6060 • F(239)434.6084 Collier County Growth Management October 20,2016 Attn: Client Services 2800 N Horseshoe Drive Naples, FL 34104 Re: Aggregate Specialties Conditional Use Re-Review PL20160002071 2nd Review To Whom It May Concern: We have included the following items for review and approval: 1. Response Letter 2. Updated Master Plan 3. Original Conditional Use Application 4. Resolution 08-373 5. Strike-through/underline of Resolution 08-373(Development Conditions) 6. Email Correspondence with Comprehensive Planning I • 7. Updated Narrative and Justifications,as Attachment"A" Zoning Review,Fred Reischl 1. Please remove"preserve note"on the CU Master Plan. Response: The"preserve note"has been removed from the Master Plan. County Attorney Review.Scott Stone 1. Your narrative states"According to the current LDC,created on-site preserves of this size within the Industrial zoning district are no longer a requirement."Please elaborate and explain this in more detail--what section of the Code are you referencing?What does the Code require as a preserve requirement for this site?Was the created preserve originally required for this property,but is now no longer required due to an LDC amendment or some other change?etc. Response: The Conditional Use was approved for the subject property in 2008 and at that time a minimum of 0.37 acres or 10%of the site was required to be retained for native preservation. Due to site constraints a 0.37-acre created preserve was proposed along the western portion of the south boundaries of the property.In 2014,the County's Land Development Code(LDC)was amended,pursuant to Ordinance 14-33, ' ( to no longer require a native vegetation retention area for Industrial zoned parcels that have a native retention requirement of two(2)acres or less(LDC Section 3.05.07.8.2.h).The native preservation required for the site is less than two acres, therefore, the created preserve is no longer required. This information has been added to Attachment"A",the Narrative and Evaluation Criteria. • 2. Please provide a strike-through/underline of Resolution 08-373 Exhibit D, showing a strike-through of Condition#7,and renumbering#8 to#7. Response: A strike-through/underline version of Resolution 08-373 has been included per request. DE DAVIDSON FNGINFIRING 3. Staff must confirm whether a Conditional Use Re-Review is the appropriate process for the proposed changes, or if a new Conditional Use is necessary. Response: A meeting with the planning director and planning manager was held on May 2,2016,where it was determined that the Contiinal Use Re-Review was the appropriate process for the proposed changes. Furthermore, a pre-application meeting was held on July 12, 2016, where the application process was confirmed. 4. Are the proposed 8-foot-high wall and Type A landscape buffer above and beyond what is required under the LDC?If so,I believe you should identify and label both on the Master Concept Plan and/or add them as a new condition of approval. Response: The LDC would require a type A buffer along the side yards, which would include the western portion of the south boundary and the southern portion of the west boundary. During the conditional use review process, a Type a buffer was requested and agreed to run along the afformentioned boundaries, which is byond code minimum. The Type A landscape buffer and 8-foot-high visual barrier is proposed in lieu of the Type"8"landscape buffer along the western portion of the south boundary to screen views of the piles and prevent dust from traveling off-site. Condition 117 and the Master Concept Plan has been modified to indicate the proposed buffer and wall. LONO's were received from all adjacent neighbors (already provided to Collier County with intial submittal), stating that they would prefer an 8-foot-high visual barrier to that which was shown on the originally approved CU master plan. This information has also • been added to Attachment"A",the Narrative and Evaluation Criteria. 5. Your narrative includes responses to two questions--1)consistency with the FLUE,and 2)compatibility to the surrounding land uses (Policy 5.4). Where did you find these criteria? You should address the 4 criteria for conditional uses listed under LDC Section 10.08.00 D. Response: The criteria outlined in Attachment "A" (Policy 5.4) was requested to be included by Comprehensive Planning Staff;please refer to the email correspondence,dated July 12th,2016. The criteria specific to Conditional Uses,outlined in LDC Section 10.08.00 D,was outlined and justified under the original Conditional Use Application. A copy of the original application has been included for your records. The four criteria for conditional uses has also been addressed in the Narrative and Evaluation Criteria. 6. Please provide an explanation/justification as to why you are deleting Condition#7(Type B buffer). Response: In order to expand the work area Condition 47 has been modified to indicate that an Type A landscape buffer with an eight foot- high visual barrier will be provided in lieu of the Type 8 landscape buffer along the western portion of the south boundary to screen views of the piles and prevent dust from traveling off-site. This information has been added to Attachment "A", the Narrative and Evaluation Criteria.Also see reponse to comment number 4 above. • Y`1 DE • DAVINEERINERI NG+ ENG 7. Your response to "Criteria 2" states that 'properties with Industrial zoning that are over two acres are no longer required to create an on-site preserve."What section of the LDC are you referencing?Does that mean property over 2 acres aren't require to have ANY preserve,or just that the required preserve doesn't have to be on-site? Response: In 2014, the County's Land Development Code (LDC) was amended, pursuant to Ordinance 14-33,to no longer require a native vegetation retention area for Industrial zoned parcels that have a native retention requirement of two (2) acres or less (LDC Section 3.05.07.B.2.h). The native preservation area required for the site is less than two acres, therefore, the created preserve is no longer required. This information has been added to Attachment"A", the Narrative and Evaluation Criteria. 8. On your proposed revised Master Concept Plan, please confirm that the zoning and land use of the adjacent properties is accurate and update to date since the original CU in 2008. Response: The Master Concept Plan accurately calls out the adjacent properties'zoning and land uses. 9. You proposed to remove the created preserve, but the"Note" relating to the created preserve is still shown on the Master Concept Plan. Response: The note relating to the preserve has been removed from the Master Concept Plan. • The following comments are informational and/or may include stipulations: • Applicants who are converting a paper submittal to E-Permitting must resubmit complete sets of all plans, signed and sealed,even if they were previously approved on an earlier review. As a reminder,all documents that are required to be signed and sealed must be digitally signed and sealed when submitting through our E- Permitting process. On the cover letter please identify that previous submittals were done through paper and that this submittal is by E-Permitting. Also, identification of the changes in cover letter(ex.See note#23 Civil Plan Sheet 4)improves the efficiency of the resubmittal review. Response: Acknowledged. • When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. Response: Acknowledged. • Please be advised that Sections 10.02.03.H.1, and 10.02.04.B.3.c require that a re-submittal must be made within 270 days of this letter. Response: Acknowledged. • Stormwater Planning Review's Stipulation: Applicant shall comply with current County's water management regulations during the Development Review process due a known history of issues of off-site discharge in the area. • Response: Acknowledged. II DE DAVIDSON fNC..lNff RING, Please feel free to contact me should you have any questions or require any additional information at fred@davidsonengineering.com or at 239.434.6060. Sincerely, i i i ; j. Frederick E. Hood,AICP j Senior Planner • • • DAVIDSON ENGINEERING www.davidsonengineenng.com 4365 Radio Road, Suite 201 • NaNa les, FL 34104 • P(239)434.6060 • F(239)434.6084 Collier County Growth Management December 14,2016 Attn: Client Services 2800 N Horseshoe Drive Naples, FL 34104 Re: Aggregate Specialties Conditional Use Re-Review P110160002071 3rd Review To Whom It May Concern: We have included the following items for review and approval: 1. Response Letter 2. Updated Development Conditions Text 1 3. J&C Industrial Park Plat County Attorney Review,Scott Stone • 1. Section 3.05.07 B.2.h states "This exemption shall not apply to the overall native vegetation retention requirement for a PUD or subdivision used to create these parcels, unless the overall native vegetation retention requirement for the PUD or subdivision is 2 acres or less."Please confirm that the native vegetation retention requirement for the underlying subdivision(if any)will still remain above the minimum requirement. Response: The J&C Industrial park is an unrecorded plat that was platted in or prior to 1984 as what can be found from publically available records. The County's preservation requirements were established in with the 91-102 ordinance that established the CDC. With that understanding and fact, the original overall industrial park would not have been subject to preservation requirements now or in the past. Also,as review staff may be able to see from the aerials of the area and the development applications and permits all over the park,there are few if any preserves located on individual lots or an overall preserve that II would account for such a large area. 2. See changes to conditions text,sent via separate e-mail by planner. Note--this is subject to change, based on discussion with staff. , Response: Acknowledged. Revisions per County Attorney Office suggestion have been provided in this submittal. 3. Please explain what type of"visual barrier"you propose?Is it a wall?What type of material? That may need to be described in more detail in your revised condition, if in fact this is the appropriate method for revising the conditional use. t ' S • Response: The"visual barrier"intent is for a solid fence or wall in combination with or without a berm to achieve the 8-foot height. This clarification has been added to the attached and updated Development Conditions. DE DAVIDSON F.NC INFFRINC. • The following comments are informational and/or may include stipulations: • Applicants who are converting a paper submittal to E-Permitting must resubmit complete sets of all plans, signed and sealed,even if they were previously approved on an earlier review. As a reminder,all documents that are required to be signed and sealed must be digitally signed and sealed when submitting through our E- Permitting process. On the cover letter please identify that previous submittals were done through paper and that this submittal is by E-Permitting. Also,identification of the changes in cover letter(ex.See note#23 Civil Plan Sheet 4)improves the efficiency of the resubmittal review. Response: Acknowledged. • When addressing review comments,please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. Response: Acknowledged. • Please be advised that Sections 10.02.03.H.1, and 10.02.04.13.3.c require that a re-submittal must be made within 270 days of this letter. Response: Acknowledged. • Stormwater Planning Review's Stipulation: • Applicant shall comply with current County's water management regulations during the Development Review process due a known history of issues of off-site discharge in the area. Response: Acknowledged. Please feel free to contact me should you have any questions or require any additional information at fred@davidsonengineerine.com or at 239.434.6060. Sincerely, 1..\\ Frederick E. Hood,AICP Senior Planner • AGENDA ITEM 4-B Co e-r County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION—ZONING SERVICES SECTION DATE: FEBRUARY 23, 2017 SUBJECT: NUA-PL20160002595.CAMP SANDY NUA OWNER/APPLICANT/AGENTS: Owner/Applicant: Gargiulo, Inc., Successor by merger to NT Gargiulo, Inc. formerly known as Naples Tomato Growers, Inc. 15000 Old US 41 North Naples, FL 34110 Agent: D.Wayne Arnold,AICP Grady Minor, Inc. 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: Gargiulo, Inc. requests a non-conforming use alteration pursuant to LDC Section 9.03.03.B.4 to allow the removal of 37 mobile homes and replacement with 37 units with a combination of modular and mobile homes. GEOGRAPHIC LOCATION: The subject property consists of 15± acres of land located on the east side of Old US 41 near the Gargiulo packing facility in Section 10, Township 48 South, Range 25 East, Collier County, Florida. The subject 5± acres of the larger property is located on the east side of the railroad ROW, which bisects the property. PURPOSE/DESCRIPTION OF PROJECT: The petitioner requests Non-Conforming Use Alteration (NUA)approval to allow for the removal of old mobile home units and replacement with new units. The subject property was developed as a migrant farm labor camp in 1966 and is comprised of 37 mobile home units. Since the property is currently zoned Industrial (I), the existing units are now deemed to be nonconforming. The NUA conceptual site plan (see attached) identifies dimensional standards which are consistent with the Farm Labor Housing provisions contained in Section 5.05.03 of the LDC, with the exception of unit size. 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' I O 1 Q nooF�`a�. 1pv 8 W i y� Q \ a"?y V 3 F N s k O • W Edi-<-5 ®S= 3 1 .31 d 1 °; - ® 1 N �n o$37� I , ' 1111 ° O O ® 'I 11-- . o IIIIIIIBl -i ® I Nib % I .. a ; 1 � I 11 1 11"::::if. 0. i 1 1I 1 l I I r , \ \ r , I /. : r ,;\\ ;�� 11111110 I cl I I I LL \ I 'm o ----- ---- n I w ii- / iii E�I� o s3 gg a'/ Rig 'i o 4 ga 5 SURROUNDING LAND USE& ZONING: SUBJECT PARCEL: The site is currently developed with mobile homes; zoned Industrial(1) SURROUNDING: North: Developed parcels;zoned 1 East: Undeveloped parcels; zoned I South: Undeveloped parcels; zoned I West: Developed parcel; zoned I M it . ,-* iiilliik , . . . t .„ : t ,t .,-, 1 F Nik _..... , 1 .:1- .... .---- - . - mot 3 „ 4, ,, a; .. , ..i ' ....2ky. . . a, amr,t� 1 i r� 1. . i . ... .. _ r— ,f7- . ,, , . , ......,„ ....:, _, c° , ,.., ,..1. 4 i .. . 1 - I 4:1, t .T 3. ,.,.. * 4it 11 * :4,..,obie".4., ti. A F >. { r 1 Aerial GROWTH MANAGEMENT PLAN(GMP)CONSISTENCY: This use was established in the 1960s, predating today's Growth Management Plan. The replacement of the homes will have no impact on the GMP. NUA-PL20160002595,Camp Sandy Page 4 of 7 February 23,2017 ANALYSIS: Section 9.03.03.B.4 of the LDC permits alterations of nonconforming uses with consideration of certain standards and criteria. • Prior to granting such alteration, expansion or replacement of a nonconforming single-family dwelling, duplex or mobile home, the Planning Commission and the BCC [now the HEX] shall consider and base its approval on the following standards and criteria: a. The alteration, expansion, or replacement will not increase the density of the parcel or lot on which the nonconforming single-family dwelling,duplex,or mobile home is located. There are currently 37 mobile homes on the property which will be replaced with 37 new units; therefore,there is no increase in density. b. The alteration, expansion, or replacement will not exceed the building height requirements of the district most closely associated with the subject nonconforming use. The maximum building height in the Mobile Home (MH) zoning district, the district most closely associated with the nonconforming use,is 30 feet.The new dwellings shall be limited to a maximum of 30 feet in height.(The maximum building height in the I zoning district is 50 feet). c. The alteration,expansion,or replacement will not further encroach upon any nonconforming setback. Staff requests a condition which would limit further encroachment. d. The alteration, expansion, or replacement will not decrease or further decrease the existing parking areas for the structure. Since the homes are being replaced one-for-one,there will be no decrease in parking. e. The alteration, expansion, or replacement will not damage the character or quality of the neighborhood in which it is located or hinder the proper future development of the surrounding properties. 11 The site is zoned I and is surrounded by I;therefore,future development will not be hindered. f. Such alteration, expansion, or replacement will not present a threat to the health, safety, or welfare of the community or its residents. The subject nonconforming use has been in existence for over 40 years and will not pose a threat to health,safety of welfare. Section 5.05.03 of the LDC (attached) includes regulations for Farm Labor Housing. Staff did not apply these regulations because this section pertains to the Rural Agricultural zoning district. NEIGHBORHOOD INFORMATION MEETING(NIM): A NIM is not required for a Nonconforming Use Alteration. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office reviewed this staff report on February 8,2017. NUA-PL20160002595,Camp Sandy Page 5 of 7 February 23,2017 RECOMMENDATION: Staff recommends that the HEX approve Petition NUA-PL20160002595 subject to the following conditions: 1) The maximum building height of the structures shall be 30 feet. 2) The replacement mobile home and modular units shall not encroach further than the encroachment that exists on the date of the Decision. Attachment: Application and support documents NUA-PL20160002595,Camp Sandy Page 6 of 7 February 23,2017 PREPARED BY: -6- i7 FRED NI- CHL,AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: /11/1/42 RAYM94 V. BELLOWS,ZONING MANAGER DATE ZONING DIVISION MICHAEL P. BOSI, AICP DIRECTOR DATE ZONING DIVISION NUA-PL20160002595.Camp Sandy February 23.2017 5.05.03-Farm Labor Housing A. This section is intended to apply to those agricultural situations where housing is required for permanent or transient farm labor. Housing established under this section shall be used exclusively for that purpose and no other. It is intended that housing under this section shall be erected only in the rural agricultural district and only when such housing meets the requirements and procedures of this section. It is the intent of this section that housing for farm labor shall be in the nature of a planned development, but with restrictions designed to meet the peculiar requirements of the farm labor market and the necessities of the health, safety, and general welfare of the farm laborers and the general public. B. The following housing types are permitted as farm labor housing, either as principal buildings or accessory buildings: 1. Single-family dwellings. 2. Mobile homes. 3. Duplexes. 4. Multiple-family dwellings. 5. TTRVCs. C. In addition to uses and structures that are accessory and incidental to farm labor housing uses, the following specific accessory uses are permitted: 1. Caretakers'residences. 2. Child care centers. D. No construction for the housing of farm labor shall be erected until a SDP has been approved. E. Standards. 1. Farm labor housing shall be set back a minimum of 1,000 feet measured from the nearest point of construction to any state,federal,or County highway right-of-way line. 2. No on-site farm labor housing shall exceed in land area three (3)percent of the gross acreage of the agricultural operation, or ten (10) acres, whichever is less. Off-site farm labor housing for laborers shall have a land area of not less than one(1)acre nor more than ten(10)acres. 3. Streets shall be surfaced with a hard dustless material. 4. At least 300 square feet shall be provided for each lot or dwelling unit for open space and recreation area. 5. Certification required by chapter 10D-25,F.A.C.,as a migrant labor camp shall be required. 6. Table of Dimensional Standards. Single-family or Mobile Home Duplex or Multi-family Dormitory Housing Minimum lot area(sq.ft.) 4,000 43,560 43,560 Minimum lot width(ft.) 40 100 100 Minimum setbacks (ft.)10 20 20 Front yard5 20 20 Side yard 10 20 20 Rear yard I Maximum building height(ft.)30 30 30 Minimum floor area(sq.ft.) 500 500 500 ICI GradyMinor • Civil Engineers • Land Surveyors • Planners • Landscape Architects September 28,2016 Raymond V. Bellows,Zoning Manager Zoning Division Collier County Growth Management Department Director-Development Review Division 2800 N. Horseshoe Drive Naples, FL 34104 RE: Non-Conforming Use Alteration (NUA) Petition Companion Petition Number P120160001700-Camp Sandy Dear Mr. Bellows: Attached, please find copies of a Collier County Non-Conforming Use Alteration application for property located at 4 Anglewood Ct and 15000 Old 41 N. A pre-application meeting for this • project was held on July 27, 2016. The applicant is proposing to renovate the existing farmworker housing known as Camp Sandy, which is associated with the Gargiulo Packing facility located on Old 41 in Collier County. The company wishes to remove the older mobile homes and replace them with a combination of modular and mobile homes. Currently, there are 37 units on the property, and the applicant is proposing to replace these nonconforming mobile home units with 37 new units. The units are occupied with workers who are employed at the adjacent packinghouse. The property is zoned Industrial,which does not permit by right the farmworker housing. Please contact me if you have any questions. Sincerely, D. Wayne Arnold,AICP c: Chris Davis GradyMinor File 111) Q.Grady Minor&Associates,P.A. Ph.239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs,FL 34134 www.gradyininor.com CO Li er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collierxov.net (239)252-2400 FAX:(239)252-6358 NON-CONFORMING USE ALTERATION (NUA)PETITION LDC Section:9.03.00 PROJECT NO(PL) PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): Garguilo, Inc. Address: 15000 Old 41 N City: Naples State: FL Zip: 34110 Telephone: 239-597-3131 Cell: Fax: E-Mail Address: cdavis@gargiulofarms.com Name of Agent: D. Wayne Arnold, AICP Firm: Q. Grady Minor and Associates, P.A. • Address: 3800 Via Del Rey City: Bonita Springs State: FL Zip: 34134 Telephone: 239.947.1144 Cell: Fax: E-Mail Address: warnold@gradyminor.com PROPERTY INFORMATION Property I.D. Number: Section/Township/Range: 1�48 /25 00144320002 and 00143880006 Subdivision: Unit: Lot: Block: Metes&Bounds Description: #of Acres: 15+/- Address of Subject Property: 4 Anglewood Ct and 15000 Old 41 N • 6/3/2014 Page 1 of 3 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 ZONING INFORMATION Industrial.Packing Company and Mobile Homes Current Zoning and Land use of Subject Parcel: Adjacent Information: Zoning Land Use N Industrial Offices S Industrial Boat and RV Storage E Industrial Undeveloped W Industrial Packing Company EVALUATION CRITERIA Pursuant to LDC section 9.03.03.B, staffs analysis and recommendation to the Office of the Hearing Examiner shall be based upon consideration of the applicable criteria noted below. On a separate sheet attached to the application, provide a narrative statement describing the Nonconforming Use Alteration with specific reference to the criteria noted below. Include any • backup materials and documentation in support of the request. 1. The alteration, expansion, or replacement will no increase the density of the parcel or lot on which the nonconforming single-family dwelling, duplex,or mobile home is located; 2. The alteration, expansion, or replacement will not exceed the building height requirements of the district most closely associated with the subject nonconforming use; 3. The alteration, expansion, or replacement will not further encroach upon any nonconforming setback; 4. The alteration, expansion, or replacement will not will not decrease or further decrease the existing parking areas for the structure; 5. The alteration, expansion, or replacement will not damage the character or quality of the neighborhood in which it is located or hinder the proper future development of the surrounding properties;and 6. The alteration, expansion, or replacement will not present a threat to the health, safety, or welfare of the community or its residents. y, • 6/3/2014 Page 2 of 3 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 final Submittal Requirement Checklist for: Non-Conforming Use Alteration 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 REQUIRED Completed Application 12 ❑ ❑ Pre-Application meeting notes/minutes 1 ❑ El Aerial Photograph 2 ❑ Completed Addressing Checklist 1 _ ❑ Affidavit of Authorization,signed and notarized 2 ❑ Site Plan drawn to scale 12 El ❑ Narrative statement covering the nature of petition 12 ❑ El Proof of ownership or interest in property,deed or contract to purchase 3 ❑ ❑ Electronic Copies of all documents and plans *Please advise:The Office of the Hearing Examiner requires all ❑ ❑ El materials to be submitted electronically in PDF format. • 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. FEE REQUIREMENTS: ❑ Non-conforming Use Alteration Petition:$1,500.00 0 Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 All checks payable to:Board of County Commissioners The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples,FL 34104 4 September 28, 2016 Applicant/Agent Signature Date D. Wayne Arnold, AICP Printed Name 6/3/2014 Page 3 of 3 Camp Sandy—P120160001700 • Non-Conforming Use alteration Petition Evaluation Criteria Pursuant to LDC section 9.03.03.B,staffs analysis and recommendation to the Office of the Hearing Examiner shall be based upon consideration of the applicable criteria noted below.On a separate sheet attached to the application, provide a narrative statement describing the Nonconforming Use Alteration with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. The applicant is proposing to renovate the existing farmworker housing known as Camp Sandy, which is associated with the Gargiulo Packing facility located on Old 41 in Collier County. The company wishes to remove the older mobile homes and replace them with a combination of modular and mobile homes. Currently, there are 37 units on the property, and the applicant is proposing to replace these nonconforming mobile home units with 37 new units. The units are occupied with workers who are employed at the adjacent packinghouse. The site is currently zoned industrial and has had mobile homes for farmworkers on the property since the mid-1960's. Historical zoning records are not available back to the mid-1960's; however,given what was then a fairly remote location in Collier County,it is conceivable that the property was zoned Agriculture,which does permit farmworker housing. Older property records indicate a permit history for 20 of the mobile homes. Historical aerial photos indicate the presence of 37 units on the property from the mid-1970's. Later Collier County permit records • from the 1990's associated with utility improvements in the area also identify the current 37 mobile homes. The industrial zoning district does not permit mobile homes or residential dwelling units other than caretaker residences. The non-conforming use of the property dates to the mid-1960's and the site has been continually utilized for farmworker housing. Ii The non-conforming use alteration will permit the property owner to completely renovate Camp Sandy, by creating a revised site layout that will provide access drives to meet current standards for emergency vehicles and school bus service within the camp. The property owner also will create a play area for resident children, and on-site laundry facility for resident use. The proposed site plan which is attached identifies the location of the proposed mobile homes and modular dwelling units, building setbacks, access drives, buffers, and open space. The renovation of Camp Sandy will occur in a single phase and redevelopment will occur during the Spring/Summer of 2017 in conjunction with the off-season for packing house operations. 1. The alteration,expansion,or replacement will no increase the density of the parcel or lot on which the nonconforming single-family dwelling,duplex,or mobile home is located; The alteration will replace all existing 37 dwelling units with 37 new dwelling units; therefore, there is no density increase associated with the NUA. 2. The alteration, expansion,or replacement will not exceed the building height requirements of the district most closely associated with the subject nonconforming use; September 12,2016 Page 1 of 2 (;radyN1inor Ch'r Engineer,•hand.Sun 09 •Mauer,•Lands,ape:1mehiterl Camp Sandy— P120160001700 Non-Conforming Use alteration Petition • Evaluation Criteria The mobile homes and modular units will be single story units. The mobile home zoning district permits a maximum height of 30'. All units will be below the 30' height permitted for the MH zoning district,which is the most closely associated with the proposed use. 3. The alteration, expansion, or replacement will not further encroach upon any nonconforming setback; The proposed building setbacks shown on the proposed site plan are consistent with the historical building setbacks for Camp Sandy. The proposed plan demonstrates that current landscape buffers can be provided in conjunction with the renovation of the Camp. 4. The alteration, expansion, or replacement will not will not decrease or further decrease the existing parking areas for the structure; The proposed alteration of the site demonstrates parking areas that will function better for the residents and does not reduce parking from that currently provided on-site. 5. The alteration, expansion, or replacement will not damage the character or quality of the neighborhood in which it is located or hinder the proper future development of the surrounding properties;and • The renovation of Camp Sandy will not present a threat to the health, safety or welfare of the community. The proposed renovation will have associated positive benefits to the camp residents and Collier County. On-site utilities will be replaced and upgraded. On-site vehicular circulation will be improved and the access drives will be designed to meet current standards for emergency vehicles and school buses. 6. The alteration, expansion, or replacement will not present a threat to the health, safety,or welfare of the community or its residents. • September 12,2016 Page 2 of 2 Grady Minor Chit r—r,•Land SunI'VOPA•Muer**Iandwaryc Ii1 at* 5r9unty • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.cofliergov.net (239)252-2400 Pre-Application Meeting Notes Petition Type: SDP Date and Time: WED 7/27/2016 9:00-10:00 AM Assigned Planner: CHRISTINE WILLOUGHBY Engineering Manager(for PPL's and FP's): Project Information Project Name: NAPLES TOMATO MIGRANT HOUSING PL#: 20160001700 Property ID#: 144320002 Current Zoning: INDUSTRIAL Project Address: City: State: Zip: Applicant: • Agent Name: Phone: Agent/Firm Address:_GRADY MINOR City: State: Zip: Property Owner: Please provide the following,if applicable: i. Total Acreage: _5__ ii. Proposed#of Residential Units:_NUA approval iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: n/a v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: NUA approval needed vi. If the project is within a Plat, provide the name and AR#/PL#:_n/a Sconty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colIiergov.net (239)252-2400 Meeting Notes P4rLai .Z 't k0 1 0 Si 4-i-+._ —to s . o nv Fcx.."6 ear is I' ‘‘ C& locae'.. eNeN (,e0,)S". l; Ccv�'�" c..�,\t A.itslA -40 50 4 Il.) t 1 A r-)02-S S , -0 -F14.- 0.3 " <-- t n CA. Par J ZZ-1 t.c}. '• n • PrOviat G C_(*) \I n -4-4t c rOVcc AI (,c Ct 1-11..,to . -fit . glettiaa` A“-^vNitaiLA O'N cl ptcAn Li SIL cd,ia :S S 4110 Co [i _el' County . COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colIiergov.net (239)252-2400 Meeting Notes t p t'_."-a tin r-P'P 5 .r � C� . , dti5 t .clap rA),Di . cep rt _ t.- r313471 %\" fio r�a lik,..p4 " { ed- *G ,r_, 4/1 a.l /" p% 2 c'-- n. v s,�— o t ,re 071 c,.LR R!AP Lie el I eI / it {� �i✓ TTTr , rxc t.(-Li („e4 se-fi r74(/ + ` ei e .e f t-9,x y .,) fee-?c' ir:'t- .1.t 1`'"cit t c 16e-eS ( �, c/�t- J` i 4 /cam f"f r t Ar 0,47 op, -` • Go ,_ t.t rr, .+ `.4`14 Ci l"'� `4 Cj /C, ,J. ,PC 1 Of C-(' A 0 a /24/f lG ti 4.4./4 pay' t. "- "�" 1 to r-i 6 er l5. t', Y� ✓/ (t P'" 617 t.i f '? 44 ,i . +J ,,. .. fid.Y:_ 'Y.►r t`'el 0 er..t v/1f s'; t� r„ �1 ' tZ{J C 0 4 cE'et:/ rT rit' /L r- ., !f ! ." ."I �.B!r =C'1�t! ,f 7hA , `,1'lir/ A//df ' C06 tf x")16 b }-14r)/]/1ll( �+ ? Z. C_,i,-/7/ ty the jr. 2.si I-m/4w /, /.vrxz!ar/ al hf . Q /bid (1,7/Ids 4 iV/ 1/211./ ,B.'i .7/ • Fez-- st76 FGGF S to -*Tiat *TO i(Kb fir/ TV CoivlpL,t� Fle te(6 ,4at1 S s9-G/At& t-(t( Z- , 7r'CIL 74'4 -42 Aiu 194-s 12-0665 APpe 1\(m col A -7-6)0 Cott County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliertgov.net (239)252-2400 Meeting Notes 'Right-of-way - If no work within the Old 41 right-of-way,then no County r/w permit required. 'Utilities - See attached notes. 'Engineering Stormwater-Provide engineering report including water quality calculations and 10 yr,25 yr, 100 routings, 0.15 ctslacre limited discharge rate,storm sewer pipe sizing calm,paving and drainage details,opinion of cost,engineering stormwater checklist, portions of site are in FEMA AH zone,residential homes in AH zone to be at design flood elevation or BFE,whichever is higher, commercial building(s)in AN zone to be at design flood elevation or BFE plus 1 foot,whichever is higher, existing lake will need to meet current County standards per Code of Ordinances • • Pre-Application Meeting SUtilities Review Checklist/Notes o Irrigation source: Potable'/Other .. o Water Meter Sizing Form required?(Yes/No o Master metered'hYes/No CUE outside of(but contiguous to)ROW required for master meter and backflow assembly. o Fire service system provided?(Yes/No All private fire service systems require a backflow preventer with a leak detection meter per W-8,W-11,or W-11A. o Separate fire service connection.'Y$/No Alternative to passing fire flow through mastehrreter for commercial projects only. o Loop water distribution system to avoid dead ends? Yes(!No,' Provide two independent connections to source main(unless served by a master meter)or stub-out for future development. o Gap configuration or TBF required? Ye+z)No I Gap configuration required for more than 50 LF of 4"or larger pipe. TBF required to bring combustibles onsite prior to preliminary utilities acceptance. o Who will install the service lead and meter box? County/Contractor County will typically install services s 2". o Who will install the meter and backflow preventer? County/Contractor County will install services 5 2". Contractor will install 2 3". a Maintenance driveway required for meter? Yes/No • 10'46'grass driveway over 6"compacted limerock per W 14A is required within CUE for meters a 3". o Who will own and maintain the onsite potable water system? County/Property Owner(Association) i _ Note on plans. o Who will own and maintain the onsite sanitary sewer system? County/ Property Owner(Association) Note on plans. I o TBO(s)and BSP(s)required? Yes `No Required for PWS main extensions. _. o AFD(s) required? Yes/..NO.,...' Required at each dead end and,if applicable,also near the midpoint of a looped PWS main(unless adequate consumption to maintain minimum residual chloramine is anticipated at the time of County acceptance). Not required for private service mains, o Documentation of existing private pump station capacity required? Yes'/No o Wastewater system capacity report required? Yes)No ltlC✓'%wI"7' l-'1'o , fir]rf o Zoned PUD,so$1,000 utility modeling fee applies? Yes No.. - o Grease trap required for food prep? Ye„No,, o Oil separator required for floor drains in a vehicle maintenance center,body shop, machine shop,vehicle storage facility,or facility that utilizes petroleum based products? YeNo 0 FDEP permit required for water? Yes/No .',/,'"',- • , Required for PWS main extensions. Exceptions include replacement of existing water main in same location and at same size,no more than 2 sizes larger, or minimum size per RSWW;relocation of up to 100 IF of water main;discontinuing use of any existing water main;installation or alteration of any valve, flow meter,or backflow preventer;installation or alteration of any fire hydrant or hydrant lead;as well as installation or alteration of any water service line to a single building,including fire and irrigation lines. I • o FDEP permit required for sewer? Yes/No ' Required for construction or modification of any collection/transmission system. Exceptions include replacement of existing facilities at same capacity and location as well as construction of any individual service connection from a single building to a gravity collection system. • o Outstanding Final Acceptance Obligations? Yes/No d i--/ /yr /,,/7 /f.-14 "rz o Common mistakes: ✓ Use 350 GPD per residence for water demand, ✓ Use 250 GPD per residence for sewage flow. ✓ Use latest details(revised 1/1/2015)and include all that apply. ✓ Reference UO 9.4.2.2 rather than listing required inspections,or list verbatim. ✓ Pump station sites must account for PUEs and vegetative screening, ✓ Separate irrigation system improvements must be provided. ✓ Pressure mains must be setback 7.5'min.from BOC,drainage structures,and trees. ✓ Separation distances are measured out-to-out. ✓ Setbacks are measured to the centerline of the pipe. o Clarification: ✓ Cost estimate may exclude fire sprinkler service lines downstream of the backflow preventer but must include fire mains serving on-site fire hydrants. FDCs,PlVs,and check valves may be excluded. ✓ Cost estimate may exclude grease traps and oil separators,which are permitted and inspected • separately. NOTES • Collier County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) 1, (print name),as (title,if applicable)of (company,If applicable),swear or affirm under oath,that I am the (choose one)owner applicant contract 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 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. I 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. We/I authorize to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • lithe applicant is a corporation, then it is usually executed by the corp.pres.or v.pres. • lithe 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 ol'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 f have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature Date STATE OF FLORIDA COUNTY OF COWER The foregoing instrument was sworn to (or affirmed) and subscribed before me on (date) by (name of person providing oath or affirmation),as who is personally known to me or who has produced _._ (type of identification)as identification. • STAMP/SEAL Signature of Notary Public ' I CP\08-COA-001.15\155 3/2/16 Page 6 of 9 Col r County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DESCRIPTION OF PROPOSED PROJECT OR AMENDMENT On a separate sheet attached to the application, provide a cover letter describing in detail the proposed project or proposed changes,including any discussions with the assigned planner that may be pertinent to the review of the application,and the sheet numbers of the plans affected by the change if applicable. ADJACENT ZONING&LAND USE Zoning Land Use S E _ _ W Pre-Application Meeting and Submittal Requirement Checklist for: Site Development Plan (SDP)or Site Development Plan Amendment(SDPA) Chapter 4 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of • application submittal. See Chapter 4 of the Administrative Code for submittal requirements. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED STANDARD REQUIREMENTS: Completed Application(download current form from the County website) 1 El Cover Letter explaining the project 1 El Completed Addressing Checklist 1 ❑ Pre-application meeting notes 1 ❑ Site Development Pla le, or SDPA)(signed&sealed)including cover sheet 6 PUD Monitoring Schedule 1 PUD monitoring report 1 PUD Ordinance and Development Commitment Information,as applicable 1 ❑ (digital only) Affidavit of Authorization& Evidence of Authority 1 Boundary and Topographic Survey(less than 6 months old) 6 ❑ Opinion of Title or property owner statement/Affidavit 1 ❑ Recorded Deed or contract for sale(non-recorded deeds or Property 1 0 Appraiser print-outs will not be accepted) Fee Calculation Worksheet& Review fees,signed 1 ❑ Copy of Site Development Plans(DWG or DFX format)on CDROM disc in State Plane NAD83 feet Florida Ease Coordinates ❑ • :�, 1 � 3/2/16 Page 2 of 9 OvIf er County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coIliergov.net (239)252-2400 FAX:(239)252-6358 ARCHITECTURAL OR:-NON-ARCHITECTURAL REVIEW `#OF REQUIRED I C E - �GOPIES_-�, • ..,: REQUIRED For projects subject to Architectural Review: Architectural plans must be 1/8"scale minimum(signed&sealed), including: I Every Facade of each building must be shown on Architectural plans ✓ Building cross sections or typical wall sections ✓ Dumpster details:height,material and color ✓ Light pole details or cut sheet:height,material and color ✓ Color paint chips and roof color paint chips or samples 6 ❑ I Floor plans and building elevations ✓ One color rendering of proposed building This project qualifies for a separate"Alternative Architectural Design" submittal per 5.05.08.F. Additional fees($500.00)and submittal application is required. For projects NOT subject to Architectural Review: For projects not requiring architectural review: Floor plans and elevations with dimensions. This information,showing floor area by use, is intended only to determine that the use is compatible with the zoning,establish 6 ❑ • parking requirements,and show building height measurements meeting Code.+�� Full architectural or construction drawings are not needed. CCM; ?r 3.. ri% • Completed Certificate of Adequate Public Facilities Application,including the 2 ❑ application fee and estimated Transportation Impact Fee calculations. FIRE., Location existing hydrants2 Fire Flow tests from Fire Department(no more than 6 months old) ❑ ❑ Information in the Standard Building Code,type of construction,total square footage under roof,occupancy/use,fire sprinkler data(NFPA 1141), PLEASE INCLUDE THIS INFORMATION ON EITHER THE COVER PAGE OR SHEET 1 OF 2 ❑ ❑ THE SITE PLANS ENVIROr MENTAL: Environmental Data Requirements.5rs 1 ❑ Conservation easement includingsignedlegal and sealed le al description and boundary survey for preserve—include protective language,sketch and 1 L description in construction plans;contact review staff for current version Listed Species Survey; less than 12 months old. Include copies of previous 1 ❑ surveys Preserve Management Plan—provided on the site plan 1 ❑ 3/2/16 Page 3 of 9 Ca er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coiliergov.net (239)252-2400 FAX:(239)252-6358 TRANSPORTATION: - #00" NOT REQUIRED-COPIES �UI REQUIRED Transportation Impact Study or waiver(with applicable fees) 2 [v} ❑ STORMWATER: Engineer's Report,signed&sealed,with assumptions and explanations,by a Florida registered professional engineer containing the following: ✓ Completed calculations used to design the facilities, including but not limited to all water,sewer, road,water management systems,and all accessory facilities,public or private; ✓ Drainage calculations including 10 year 1 day;25 year 3 day; 100 year 3 day storm routings ✓ Detailed hydraulic grade line pipe design calculations utilized to design ❑ the stormwater management facilities for the subdivision or 1 t.�f development; I Geo-technical report with soil boring results ✓ Engineering Review Checklist,signed and sealed by the applicant's professional Engineer; ✓ Engineer's Opinion of probable cost(Paving,grading,Drainage) • ✓ Status of all other required permits including copies of information and data submitted to the appropriate permitting agencies. UTIIfIE5:` If within Collier County Public Utilities Service Area- Engineer's Report,signed &sealed, containing the following: ✓ Estimated cost of utilities construction,Water&Sewer calculations ✓ Sewer Hydraulics ✓ Lift station hydraulics to first downstream master station 1 L ❑ I Lift station buoyancy calculations ✓ Chloramine Dissipation Report ✓ Detailed hydraulic design calculations utilized to design the water and sewer facilities regulated by the County. Water and/or Sewer availability letter 1 ❑ ❑..--' DEP utility installation permits(water/sewer) 1 [ 0 Water Meter Sizing Form 1 ❑✓f ❑ Lighting Plans,signed and sealed by a professional Engineer licensed to practice in the State of Florida or the utility provider 6.1:1 ❑ 04Y,.7CAPE`&MtdAT : Ns ` yr ttxx} ,fi, ,.k ..... Landscape &Irrigation Plans,signed and sealed by a landscape architect registered in the State of Florida ❑ ❑ • 6 3/2/16 Page 4 of 9 Confer County • COLDER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www-collierg-ov.net (239)252-2400 FAX:(239)252-6358 SCHOOL CONCURRENCY: #;OF: NOT REQUIRED CPIES -._ REQUIRED Estimated School Impact Analysis Application—residential projects only (download the School Impact Analysis Application from website) School Concurrency-If the proposed project includes a residential 1 0 component,you are required to contact the School District of Collier County at 239-377-0267 to discuss school concurrency requirements. OTHER:„w: Electronic copies of all documents and plans in PDF Format and a CD of plans1 ,{„ ❑ in CAD Format L�Q OTHER COWER COUNTY PERMITS (IF;REQUIRED THEY MUST BE SEPARATE APPLICATIONS) Right-of-Way permit application(County/FDOT) El--' Blasting Permit(BLST) 0 0 Early Work Authorization(EWA) 0 LI Excavation Permit(EX) 0 0 • Vegetation Removal and Site Filling Permit(VRSFP) OTHERAGENCIESPERMITS(MAY-BEREQUIRED) '. . Permits: All Federal,State and local permits,including but not limited to the following,shall be submitted prior to construction and before the pre- construction meeting. If approved by the County Manager or designee,an applicant may submit Federal,State and local agency permits at the pre- construction meeting. 1 L ,,^ Q • SFWMD Permit, Permit Modification,or waiver, including staff report exhibits; • DEP utility installation permits,water/sewer; • Right-of-Way Permit;and • US Army Core of Engineers permit and exhibit,if applicable. • 3/2/16 Page 5 of 9 Caer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Fee Calculation Worksheet Site llopment Plan tSL7 P}9Rew Fra T Sstte vetoprnent San ,‘,,,Amendment(S[3PA1.3teuew fees N. Residential only: Base fee of$5,000.00, plus$100.00 ❑ Residential only: Base fee of$2,500.00,plus$100.00 per residential structure,and$40.00 per dwelling unit. per residential structure,and$40.00 per dwelling unit. Number of Buildings: Number of Buildings: Number of 0/U: Number of Dill: $ $ ❑ Non-residential only: Base fee of$5,000.00,plus ❑Non-residential only: Base fee of$2,500.00,plus $200.00 per non-residential structure, and$0.10 $200.00 per non-residential structure,and$0.10 per sq.ft. per sq.ft. Number of Buildings: Number of Buildings: • Total Square Footage: Total Square Footage: $ $ L❑ When a building consists of both residential and non- ❑ When a building consists of both residential and non- residential(commercial,retail,office)uses,the residential (commercial,retail,office)uses,the following fees will apply: following fees will apply: • $5,000.00 Base fee for SDP • $2,500.00 Base fee for SDPA • $200.00 per structure • $200.00 per structure • $40.00 per residential dwelling unit • $40.00 per residential dwelling unit $0.10 per square foot of non-residential floor area except $0.10 per square foot of non-residential floor area except for for parking garage structures shall be calculated at parking garage structures shall be calculated at$0.05 per $0.05 per gross square foot of floor area(sq.ft. gross square foot of floor area(sq.ft. x$0.10)(sq. x$0.10)(sq.ft. x$0.05)$ ft. x$0.05)$ Fire Review:$200.00 ❑ Fire Review:$150.00 • 3/2/16 Page 7 of 9 9nty •`COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Utility Plan Review and Inspections: ["Construction Document Review: 075%of probable water and/or sewer construction costs Cost Estimate$ (Construction Inspection: 2.25%of probable water and/or sewer construction costs(due prior to pre-con meeting) Cost Estimate$ $ Engi eying Site Plan Review: Construction Document Review:0.75%of probable Paving,Grading,Drainage,Lighting, Code Minimum Landscaping,and any other appurtenant cost of construction. Cost Estimate$ $ lUtConstruction Inspection:2.25%of probable Paving,Grading,Drainage, Lighting,Code Minimum Landscaping,and any other appurtenant cost of construction(due prior to pre-con meeting) Cost Estimate$ $ Traffic Impact Study Review: Methodology Review:$500.00,to be paid directly to Transportation at the Methodology Meeting* *Additional Fees to be determined at Methodology Meeting $ ❑ Minor Study Review:$750.00 $ Major Study Review:$1,500.00 $ • PA,- Utilities: l / ❑ Utility Modeling and Analysis fee:$1,000.00(only applies if zoned PUD or DRI) $ Ft Environmental: ❑ Site Clearing Permit:$250.00 for the first acre or fraction of an acre and $50.00 for each additional acre or fraction of an acre($3,000.00 maximum) #of acres $ 'XListed or Protected Species Review,when an EIS is not required:$1,000.00 $ ! ❑ Conservation Easement Review: $300.00 application fee plus the following additional site fee: • $200.00 for CE acres less than 5 acres; • $400.00 for CE acres between 5 and 10 acres; • $600.00 for CE area greater than 10 acres and less than 20 acres; • $800.00 for CE areas between 20 and 50 acres; and • An additional$200.00 for every 40 acres of CE over 50 acres. #of acres $ Other: ❑ COA Review:$200.00 plus$25.00 per residential dwelling unit,or$25.00 per 1,000 sq.ft. Commercial($5,000.00 maximum). ❑ School Concurrency Review, if required: $ • * Mitigation Fees, if applicable,to be determined by the School District in coordination with the County 3/2/16 Page 8 of 9 Co - County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coiliergov.net (239)252-2400 FAX:(239)252-6358 ❑ Other Fee,if applicable: $ Fee Subtotal $ Pre-application fee credit,if applicable $ Total Fees Required: $ Applicant/Agent Signature Date All checks payable to:Board of County Commissioners The completed application,all required submittal materials and fees shall be submitted to: Growth Management Department/Development Services ATTN:Business Center 2800 North Horseshoe Drive 1111 Naples,FL 34104 411 3/2/16 Page 9 of 9 Cofrl er County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coifiergov.net (239)252-2400 Pre-Application Meeting Sign-In Sheet ' PL.it: Collier County Contact Information: Name Review Discipline Phone Email Chris Alcorn Utility Billing 821-8136 chrisalcorn@colliergov.net David Anthony Environmental Review 252-2497 davidanthony@colliergov.net Summer Araque I Environmental Review 1252-6290 summerbrownaraque@colliergov.net ISteve Baluch,P.E. Transportation Planning 252-2361 ..Stephen8aluch@colliergov.net .I Laurie Beard Transportation Pathways 252-5782 Lauriebeard@colliergov.net Rachel Beasley Zoning,Services 252-8202 rachelbeasley@colliergov.net Marcus Berman County Surveyor 252-6885 MarcusBerman@colliergov.net LI Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net _ i ; George Cascio Utility Billing 252-5543 georgecascio@colliergov.net _.i Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton@colliergov.net _ • Sue Faulkner Comprehensive Planning 252.5715 suefaulkner@colliergov.net Dale Fey North Naples Fire 597-3222 l dalefey@colliergov.net -_ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net _l 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 Transeortation Pathways 252-5744 jodihughes@collierpov.net s Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net 'irk' Eric Johnson,AICP,CFM Zoning Services 252-2931 ericjohnson@colliergov.net Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net ' Stephen Lenberger Environmental Review 252-2915 steveienberger@colliergov.net Garrett Louviere Stormwater 252-2526 garrettlouviere@colliergov.net Paulo Martins Utilities 252-4285 paulomartins@colliergov.net Thomas Mastroberto ; Fire Safety 252-7348- Thomasrnastroberto@colliergov.net ',:_.P Jack McKenna,P.E. j Engineering Services 252-2911 jackmckenna@coliiergov.net Matt McLean,P.E. Principal Project Manager 252-8279 matthewmclean@colliergov.,net Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net _..' Annis Moxam I Addressing 252-5519 annismoxam@colliergov.net Stefanie Nawrocki Planning and Zoning ; 252-2313 StefanieNawrocki@colliergov.net Jessica Huckeba CAD Technician 1 252-2315 JessicaHuckeba@colliergov.net 11 0 ^ Brandy Otero I Transit I 252-5859 brandyotero@colliergov.net S&cnty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 • www.coiliergov.net (239)252-2400 — I iltBill Pancake � North Naples Fire 597-3222 billpancake@colliergov.net Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net ;ly Reischl,AICP Zoning Services 252-4211 fredreischl@colliergov.net Brett Rosenblum,P.E. Utility Plan Review 252-2905 brettrosenblum@colliergov,net [1Edwin Sanchez Fire Review 252-7517 edwinsanchez@colliergov.net _* ._. Michael Sawyer Transportation Plannin: 252-2926 { michaelsawyer@colliergov.net = Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net E.1 Chris Scott,AICP Planning and Zoning — 252-2460 chrisscott@colliergov.net Peter Shawinsky Architectural Review 252-8523 PeterShawinsky@colliergov.net Daniel Smith,AICP Zoning Services 252-4312 danielsmith@coiliergov.net LI Ellen Summers l Planning and Zoning 252-1032 ElfenSummers@colliergov.net Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net • Chad Sweet j Transportation 252-5687 ( chadsweet@collierogv.net XMark Templeton Landscape 252-2475 marktempleton@colliergov.net ❑ Jon Walsh _ Building Review _ 252-2962 jonathanwalsh@colliergov.net David Weeks,AICP Comprehensive Planning 252-2306 davidweeks@colliergov.net • __ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: Name Repres�ent�ing ^� Phone Email Am ( ettk __Istiattik_k_ .n v m ; a/ Goitc c ��s� v ry , J. c c,,., GJ v--V-A.uw r' 6.4 �,1 .. 44/.tt 641 ok%*`�e e pA Zr . c _. T 1 • ..mun —. mow- - r @o - - z—� RW B" _ v �.a. ' 0 ;:. :- 8 .7. /''' .Y-' �.,"D" v"'"A^4 -` • {<` � x ' N o. g o 0 Li " .� �� ate. ....... W I. 1 U ka 1 : - app g3.9k C" sem$kt t{ 1` •"0. 15:,z � ` K . ..3.:' 12 3i g. 0, —i11-, ., ',--:'1 , L iq ' ' $s-',1";',.7; ,'''.''4,1r °:-' 4,-",, Ljt 14',.. :It'=°"*"'",,„, :",.'4!,,,‘ ...,„..7-r-e .1. ,,, /0" 131 'x° ""`e,"'� 11. «Q ? & 'O Z 0 .a. a,. ia �"4 '/°`� ?« I � "= IIIIIIIIG �, a Ll• ��Q � � ' d or *,4,:tfrf_ ', :'''';''''',.'S- IIIIINII l'''-':14-:;;;;;:f.k.:' 11:‘'''.'''z'4;"''''''''': '=1-:11111111111181 s- AFFIDAVIT OF AUTHORIZATION • FOR PETITION NUMBERS(S) Pt2o15oo0170o,Cama Sang I, Michaelw.sul►van (print name),as PreswienUCEo applicable)of Gaqub me (title,arr under oath,that I am the(choose one)owner applicant (company,pIurchaser' applicable),land swear or affirm � �'""�Contract urchaser� 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 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. I 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. Neil authorize 0.Grady Minor and Aseoclales.PA to act as our/myrepresentative 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.pres.or v.pres. • 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 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 In it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to(or affirmed)and subscribed before me on i t 1021 t b (date)by ilh+civic W. Sot tar% (name of person providing oath or affirmation), as Pr sitdere1 / U) C6O who is personally known to me or who has produced (type of identification)as identification. / �I�ttUutrlNNrf'` i• STAMPISEAL p yGNID.QOW4s ' Signer Notary Public SC:ei=* •*� $ : IA; tEE1176981 ;q? CPl08 C OA 1101 i.5\155 �11111 .... REV 3/24/14 ...„..wun.w✓'aw.sowcko ---77 ne e- i.7.7 9 n I I! y p!k N Q (NOI1VAa3SNOJI INVOVA 3SI1 B N 1 U I • n o oql 8 p.� y , � i; 1z .00l ® �� ' >., Irz, ap 3 '' --4 -- \ 1 $ ff ?F 1 Q • 11 O � t # e4� �+ W �� © € 1 sr 1 q © . Q3, 11 U B2 O w1,,,,i„....:10, ,,, ,r. _:‘,„„4,' r li Alx ® '.i i !'? ky R I i =� m e • sK , € / i , > / `" �` AA' A 10 z I / i r . s Q h / �� pp / ' 9 d 0 L 1- O I/VO I .:0,1 Y t3 � ,▪_ pxo Y g' <> I I ; © , '' • Fq u^ p�Yp E 11 O ' w i !;I 3'I1 .1 s^ i® rn @ I t.i"rek. kms'» '` 1 { ' .; W ® 0,A,101 ;' " " a1 I aaYs © 4 u I �i ,` I F�� it ¢ t S X II il /--/t, : ' r— - n 2 I I .t -I w • `-- / ,;i.4 / a i s 3 o 11 Camp Sandy—PL20160001700 Non-Conforming Use alteration Petition • Narrative Garguilo's Camp Sandy has been in existence at this location since 1966. It is licensed by the state as a migrant labor camp for 37 housing units. The applicant proposes to remove all 37 mobile home units and replace them with 37 new units, which will be a combination of mobile homes and park model modular units. The minimum square footage for the smallest units will be 500±square feet, which is consistent with the minimum floor area for an RV unit. The property is located east of the Gargiulo packinghouse, and is approximately 1,400 feet east of Old U.S. 41 Road. The County's requirement for farm labor housing requires the housing to be located a minimum of 1,000 feet from a County roadway. The farm labor housing area consists of approximately 5± acres, while the Garguilo packinghouse properties total approximately 22.7±acres. The LDC currently permits farm labor housing where it does not exceed 3% of the gross agriculture operation or 10 acres, whichever is less. While Camp Sandy exceeds 3%of the area of packing house property,it does not exceed 10 acres. The applicant is filing a Site Development Plan concurrent with the NUA. All infrastructure, including the internal drives will be replaced and will be paved with asphalt. The plan supporting the NUA depicts 42%of the site as open space, which includes on-site water management, buffers and play area for the residents children. The NUA plan identifies dimensional standards, which are consistent with those found in LDC Section 5.05.03, with the exception of the unit size. The smallest unit proposed is 500±square feet, • consistent with RV standards for park model units. • October 18,2016 Page 1 of 1 GradyMlinor EMI Engineers•Lang Surveyors•Planner•Landscape:trrhitects Camp Sandy • PL20160001981 Disclosure of Interest Information List Identifying Owner(s) and All Parties of Corporation If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Gargiulo Inc. 100% 15000 Old 41N Naples FL 34110 Officers/Manager Percentage of Ownership Christian K. Leleu, Director 0% Michael W. Sullivan, President 0% Joseph Procacci, Director 100% • • October 25,2016 Page 1 of GradyNlinor Cltil Engineer •Land Surttrnn •Planners•Landscape 4tchi(eets Execution Copy ASSET CONTRIBUTION AGREEMENT • ASSET CONTRIBUTION AGREEMENT dated as of December 23, 1992, by and among NTGargiulo, L.P., a Delaware limited partnership ("LP") , NTGargiulo G.P. , Inc. , a Delaware corporation ("GP") , NTGargiulo, Inc. , a Florida.corporation ("NTG") , and Coastal Berry Corporation, a California corporation ("Coastal Berry") . Preliminary Statement NTG, Coastal Berry, and Tomato Investment Associates, Inc. , a Delaware corporation ("Monsanto Sub") , have entered into a Limited Partnership Agreement of even date herewith (the "Partnership Agreement") for the purpose of organizing LP, acquiring directly or indirectly certain assets relating thereto, and thereafter engaging in the Business (as defined below) . The Company has agreed, as its initial contribution to LP, to transfer certain assets to LP in consideration for LP's issuance of limited partnership interests to the Company. The Company has also agreed to transfer certain . assets to GP in consideration for GP's issuance of stock to the Company. This Agreement sets forth the terms pursuant to which the Company (as defined below) ' is contributing, and LP and GP are • acquiring, the Assets and the GP Assets, respectively, and are assuming the Assumed Liabilities and the GP Assumed Liabilities, respectively (as all of such terms are defined below) . NOW, THEREFORE, in consideration of the covenants contained in this Agreement and other good and valuable consideration, the receipt and adequacy of which are conclusively acknowledged, the parties to this Agreement, intending to be legally bound, agree as follows: I. DEFINITIONS 1.01. Certain Defined Terms. In addition to the terms defined elsewhere in this Agreement, the following capitalized terms used herein shall have the following meanings, unless the context clearly requires otherwise: "Affiliate" of a specified Person shall mean any other Person controlling, controlled by, or under common control with the Person specified. Without limiting the generality of the foregoing, an Affiliate of an individual Person shall include all members of such Person's immediate family (which shall mean any child, stepchild, grandchild, parent, stepparent, grandparent, spouse, sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law) and an Affiliate • w • Execution copy of any Person shall also include any other Person in which such first Person owns an interest in equity or profits, directly or indirectly, of twenty-five percent (25%) or more. "Agreement" shall mean this Asset Contribution Agreement, and any written modifications of it executed by the party sought to be charged therewith, and shall include the Schedules attached to it. "Assets" shall mean, collectively, all of the NTG Assets and the Coastal Berry Assets. "Assumed Liabilities" shall mean all of the obligations, responsibilities and liabilities of, and claims against, the Company, contractual or otherwise, whether direct, indirect, contingent, fixed, unliquidated, admitted, in dispute, or otherwise (a) included in the Company's Financial Statements or the Interim Financial Statements, or identified in the related footnotes and schedules; (b) specifically identified (or incorporated by reference) in any of the Schedules attached to this Agreement; or . (c) incurred by the Company in its Ordinary Course (except to the extent hereafter specifically excluded) . Assumed Liabilities shall include, without limitation, (i) any and all obligations, responsibilities and liabilities of the Company relating to, • arising out of, or incurred in connection with (A) all contracts, agreements and purchase orders for the sale or purchase of goods or services, or both, entered into by the Company, and portions of contracts, agreements and purchase orders for the sale or purchase of goods or services, or both, which in any case contemplate future performance as of the Closing Date, (B) all leases for the use of real or personal property, or both, entered into by the Company, and portions of leases for the use of real or personal property entered into by the Company which in any case contemplate future performance as of the date hereof (including, but not limited to, the Leases) , (C) the Contracts, and (D) the Growers' Contracts (in each case with respect to (A)-(D) , above, to the extent the same are included as Assets) ; (ii) Environmental Liabilities, to the extent LP provides indemnification therefor pursuant to Section 7.03; (iii) obligations for Loans; (iv) obligations to employees of the Company to the extent disclosed in this Agreement or a Schedule hereto, (v) income taxes payable or accrued as of the dates of the Current Company Balance Sheets and the Current Subsidiary Balance Sheets and reflected therein as "income taxes payable", income taxes payable or accrued as of the date of the balance sheet included in the Interim Financial Statements and reflected therein as "income taxes payable", and income taxes accrued for the period I from October 1, 1992 to the Closing Date and arising out of the conduct of the Business in the Ordinary Course during such period; and (vi) all costs, fees and expenses incurred by the Company and the Subsidiaries in connection with the transactions contemplated II -2- SCHEDULE 3.15(a) • 1 FACILITIES Awned Properties 1. Property owned by NTGargiulo, Inc. (successor by merger to Beefstake Tomato Growers, Inc.) in Gadsden County, Florida, more particularly described on Exhibit A-1 to this Schedule 3.15(a) (Mt. Pleasant Farm) (Chicago Title Insurance Commitment No. FL10-10(02-0667)59035) , subject to matters of record set forth in such Commitment; Mortgage and Security Agreement and Financing Statement in favor of The National Trust Company, Trustee recorded in OR Book 313, Page 136, OR Back 313, Page 131, Public Records of Gadsden County, Florida; Financing Statement in favor of NW Florida Service Center recorded in OR Book 370, Page 35 (assigned in OR Book 372, Page 1244) , Public Records of Gadsden County, Florida; Mortgage, Assignment of Rents, Leases, Profits and Contracts and UCC-1 Financing Statement in favor of The Citizens and Southern National Bank of Florida recorded in OR Book 374, Page 974, OR Book 374, Page 984, and OR Book 374, Page 991; Public Records of Gadsden County, Florida; taxes for the year 1992 and subsequent years (1357) (Site 22) 2. Property owned by NTGargiulo, Inc. (successor by merger to Beefstake Tomato Growers, Inc.) in Gadsden County, Florida, • more particulary described on Exhibit A-2 to this Schedule 3.15(a) (Packing house/office) (Chicago Title Insurance Commitment No. FLO10-10(02-0667)59036) , subject to matter of record set forth in such Commitment; Mortgage and Security Agreement and Financing Statement in favor of The National Trust Company, Trustee recorded in OR Book 313, Page 136, OR Book 313, Page 131, Public Records of Gadsden County, Florida; Mortgage, Assignment of Rents, Leases, Profits and Contracts and UCC-1 .Financing Statement in favor of The Citizens and Southern National Bank of Florida recorded in OR Book 374, Page 974, OR Book 374, Page• 984, and OR Book 374, Page 991, Public Records of Gadsden County, Florida; taxes for the year 1992 and subsequent years (1355) (Site 21) 3. Property owned by NTGargiulo, Inc. (successor by merger to Beefstake Tomato Growers, Inc.) in Gadsden County, Florida, more particularly described on Exhibit A-3 to this Schedule 3.15(a) (Harbin Farm) (Chicago Title Insurance Commitment No. FL10-910-10-59039) , subject to matters of record set forth in such Commitment; Financing Statement recorded in OR Book 370, Page 35, Public Records of Gadsden County, Florida, assigned in OR Book 372, Page 1244, Public Records of Gadsden County, Florida; taxes for the year 1992 and subsequent years (1229, 1230) (Site 23) 4. Property owned by Gargiulo, Inc. , a Florida corporation, as Trustee, in Manatee County, Florida, more particularly • l Schedule 3.15(a) described on Exhibit A-4 to this Schedule 3.15(a) (labor camp) (Ticor Title Insurance Commitment No. S9551) , subject to matters of record set forth in such Commitment; taxes for the year 1992 and subsequent years (1322) (Site 20) 5. Property owned by NTGargiulo, Inc. (successor by merger to Gulf Coast Farms, Joint Venture) in Lee County, Florida, more particularly described on Exhibit A-5 to this Schedule 3.15(a) (Farm Shop) (Chicago Title Insurance Company Commitment No. FL-015-10-97181 Revised) , subject to matters of record set forth in such Commitment; taxes for the year 1992 and subsequent years (1168) (Site 15) 6. Property owned by NTGargiulo, Inc. (successor by merger to Gulf Coast Packaging Corp.) in Manatee County, Florida, more particularly described on Exhibit A-6 to this Schedule 3.15(a) (Ticor Title Insurance Commitment No. 19323-SRQ/S9583C) , subject to matters of record set forth in such Commitment; taxes for the year 1992 and subsequent years (1243) (Site 54) 7. Property owned by NTGargiulo, Inc. (successor by merger to Naples Fruit & Vegetable Co.) in Collier County, Florida, more particularly described on Exhibit A-7 to this Schedule 3.15(a) • (radio tower site) (Chicago Title Insurance Commitment No. FL- 015-10-97277 Revised) , subject to matters of record set forth in such Commitment; taxes for the year 1992 and subsequent years (1228) (Radio Tower Site) 8. Property owned by NTGargiulo, Inc. (formerly known as Naples Tomato Growers, Inc.) in Collier County, Florida, more particularly described on Exhibit A-8 to this Schedule 3.15 (a) (packing, office, labor camp) (Chicago Title Insurance Commitment No. Fl-015-10-97179 Revised) , subject to matters of record set forth in such Commitment; taxes for the year 1992 and subsequent years; Mortgage dated 9/14/84 and UCC Financing Statement in favor of The National Trust Company recorded in OR Book 1101, Page 39 and OR Book 1101, Page 100 of the Public Records of Collier County, Florida; Mortgage, Assignment of Rents, Leases, Profits and Contracts, and UCC Financing Statement in favor of The Citizens and Southern National Bank of Florida recorded in OR Book 1690, Page 1683, OR Book 1690, Page 1694, and OR Book 1690, Page 1700, Public Records of Collier County, Florida; building encroachment on railroad property (1137, 1248) (Site 13) 9. Property owned by Harllee-Gargiulo, Inc. and NTGargiulo, Inc. , as tenants in common, in Manatee County, Florida, more particularly described on Exhibit A-9 to this Schedule 3.15(a) (re-packing) (Ticor Title Insurance Commitment No. S9550/19322-SRQ) , subject to matters of record set forth in • -2- 1 , EXHIBIT "A" • That portion of the North Half (N 1/2) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) lying East of U.S. 1141: and that portion of the North Half (N 1/2) of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) lying East of U.S. 1141, of Section 10, Township 48 South, Range 25 East, Collier County, Florida, less and except railroad right-of-way AND The West Half (W 1/2) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of the Southeast 25Quarter East,SECollierf County, Florida,1Florida, less Sand48 hiexcepet railroad right-of-way II Exhibit A-8 ay. r-ILL No. v5t V4/( 'yti 1b::1"! Ill:Karp 2i uenauer 3Ub4b1:3b4b PAGE 2 • State of Delaware PAGE 1 Office of the Secretary of State I , EDWARD J . FREEL, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF "NTGARGIULO, L.P. ", CIiANGING ITS NAME FROM "NTGARGIULO, L.P." TO "GARGIULO, L.P. " FILED IN Mils OFFICE ON THE TWENTY-SECOND DAY OF FEBRUARY. A.D. 1995, AT 9 O'CLOCK A.M. ‘1144714441 • • r" Edward J.Fred,Secretary of State' 2316173 B 100 AUTHENTICATION: 7419461 DATE: 950039434 02-24-95 • • • CERTIFICATE OF MERGER OF GARGIULO, L.P. INTO GARGIULO, INC. Gargiulo, Inc., a corporation organized under the laws of the State of Delaware, for the purpose of merging with another entity pursuant to Section 17-211 of the Delaware Revised Uniform Limited Partnership Act (the "Act"), hereby certifies that: The name and jurisdiction of formation or organization of the domestic limited partnership which is a constituent entity is Gargiulo, L.P., a Delaware limited partnership. 2. A plan and agreement of merger has been approved and executed by Gargiulo, L.P. 3. The name of:he surviving other business entity is Gargiulo, Inc. 4. The plan and agreement of merger is on file at the following place of business of the surviving other business entity: Gargiulo, Inc., 15000 Old 41 North, Naples, Florida • 33963. 5. A copy of the plan and agreement of merger will be furnished by Gargiulo, Inc. on request and without cost, to any partner of Gargiulo, L.P., Gargiulo, L.P., or any person holding an interest in any other business entity which is to merge. IN WITNESS WHEREOF, this certificate of merger has been duly executed as of the 22nd day of March, 1996, and is being filed in accordance with Section 17-211 of the Act by a person thereunto duty authorized by Gargiulo, Inc., the surviving other business entity in the merger. Gargiulo, Inc. 1174 Prank E. Vigus, 'ice President 111• ,;s_.i 184.1 5 I ILd, I . VVV VM,Vv av lU.GV (U•I\drp b •:rra�.R'1" VVabj a� FAGS SENT BY:PEPER MARTIN ; 4. 5-38 ;11;33AN ; 4 3054613545;$ 4 • State of Delaware net j Office of the Secretary of State Ir EDOARD J. FRILL, SICAETARY OF STATE OrTNN STATE of DELAWARE, DO NAY GBRTIyy TIM ATM= 18 A TIM AND CORRECT Corr OF TRX OIRTIFIGATE 07 UMW SNICK =RUC IMAARGIu o, L.F.", A ULM= =KITED PARTEERSRIp, WITH AND IwTO •OiA>S zuw, roe., ORDER TEE MANS OF RoARSIOLO, =COI, A coap0saTI00i ORGANISED AND magma DNDER TBR LATS or TBE STATE OP =AWE, AS RSCSIVSD Axa mu is TE1a ommICss THE THIRD WAY Or APRIL, 'A.D. 1,,e, AT 1Ie30 O,0u2CB p.i. A CRRTS7Y=D Ct?F1i OP TRU CIiIT1F1CATS RAS Dill( roman= 1'O TEl taw CASTLE COUNTY EINEM Or D /OR RSCom0 . • •�.r p , pf ti • 2316174 $10011 AUTkt>aN CATION: 7806263 pAm 98O096344 04-04-36 • 0 i 6 5 i 4 0 S tEC7f PP 32? COI.LEn COURT llrOntlt 1119111111flIN1lIT P1lrARp ST . Aro MIMS TO UECMART N 1 OGNAUWIL O MIA PAUL LUST.tER.IMOT A HARPER.PA OOC Pambsma R#LS.M Ileser err hha.►isles*ins IND... ... + -.r e a4E Pram,Apnmes bud IDNaarerla1 v itailigainni Mg Wintery Dad Is eke as of she Did b of Deoem.er.le+aL known NTOarplabt.lac.• Plait arparoa at aeatemot by merger to/airs Tars Grower,los.•Plod*a.pormine.keg art adbmes al MOO OW 41 ibm.Nokia.Florida 33%&hatMrder caked de Vra.sor;aad MO•rdaw. LP.a Unbaos 1kds d Paesm+MF leen se sebum at 13009 Old dl Ranh.Naples.Skids 100143. brdasllw ailed lbs•Oa.taa•. 0 WITNESSE1fT wt the(rumor kr and le coaddentirm of dm am of TEN DOLLARS($10.09) o ale other pod ad week*a estris•ire•.rhe meelpr ad sa1RAe.ry of skids Y beak arkwwldpo.by n v these mu ms does Sale,beryl*sell.ad away ale attatlrm ono tb°motor.its saoa-ors sad maps an w hewer,Me hid• ook in Curler Cowry.Hoed..aid more partiashey desalkd M Exhibit•A'atuded no hereto Md made a pest here k.together with an As Apm.privileges.seaeessam.beredhassma.a•easew. tl-mddway.tmd appermn.nm thereto bebogiq oe le aesywde"remaking,and sO the baWlogs.straws•. imptoamems and Rawls basted kerma ad Os appertco.oes sad right"tbvsou(soll•et*rsly,the Troperty). R CMeow!imitates,toes errtheysySll1992 TOsay and all w t *r. restrictioak llmha ios.aremcrst" and all other meat of ~ � adiaanra and reyWioe;and 1 ties asmttam to beth a P,swa AND.Oramea hereby � rte• i, �"�!.,. Irk **al the maw apimu rho Iii lawful eYims of all persons T ./ � \ ig be eascated in in tome.h Ks III IN WITNESS WH: -'1: r proper darer tYena.to duly ,_• .. lbs day and - �i� Sighed,"eked and adhered r ';,s is » a pram=of O . 1 (7 � • TFTE cat,- ' /7'/r�1 Ps0If IN��" sts p�e�G�ea Jeffrey D..�Oaryklo.Presideet Address:15000 Old 41 North Naples,Florida 33%8 Aga. P`1_-116 __ -¢ (SEAL) �i( 4r Received$ •QB Ootummtary Stomp Ter or him NameClIntangible 1 Received i _ IJ IA Personal PropeTar COWER COUNTY CLERK OF COURTS wSTATE OF FLORIDA SS: BY. �(Imo° e.__- D C DiCOUNTY OF DADE ) .4 w The foregoing iastrarat was acknowledged before me kis, day of Daoember,1992 by Jeffrey D. at Gargiulo as President of NrCiargiulobalf of Use He is • ups • personally!mown to me or los prod m mIn et idotilfotion sad did not take w amts 4LI JJ rn ialUre. a II)el D.. Public �// LL s m a. Print Name: AVM Ai. �–Arvt QkT a ro►a Cammissiaa No.: a m eros dc es M A.r a: arMIIsarso®• :i. ( V AAl7978dI ?Jr i..ts esv 9 tl.ra � .. w flit COtt13 i:O1;l;T 'A' • OR BOOK PAGE coemencing et tM southeast corner of Section 10, Township 4a South. Range 23 Gest, Collier County. Florida: thence along the test line of said Section, North 0'41'10- West 2033.7.7 feet to the East 1/4 corner of said Section 10: thence along the test-West 1/4 Section line of said Section 10 South 89'52'10• West 1346.10 fest to the Most right-of-way line of the Fort Byers Southern Railroad Company as recorded in Deed Book 4. Pegs 973, Collier County Public Records. Collier County, Florida and the Point of Beginning of the parcel herein described: thence along the said West right-of-way line and a non-tangential circular curve concave to the East 354.37 feet, having a radius of 22,918.3 feet, a delta angle of 0'54'50" and being subtended by a chord which bears South 12'7'45" West, 354.37 feet; thence North 80'28'30" West 266.90 .z;•;;;,_ _ feet; thence North 09'31015" East 306.07 feet to the said East-West 1/4 Section line of Section 10: thence along said East-West 1/4 section line of North 89-52.30" East 287.08 feet to the said west right-of-way line and the Point of Beginning of the parcel herein described: TOGETHER with an Easement for ingress and egress over and across the following described lands: Commencing at the South-La - of Section 10, Township 48 South, Range 25 East, �'� • 14 Florida; thence along the East line of said •, tea'' 1'10" West, 2655.77 feet to the East 1/4 ,, r of said . •• 10: thence along the East-West 1/4 - ins of se • tion 10, South 89'52'30" West, 23 st • t-of-way line of U. S. 41 (Tamiaai i a •�; nt inning of the • easement herein • "'`t y"" �"�'� '� st right-ol-way line of said U. , 180.00 lest; thence North 63 f f thence North 109'52•300 Last 595 89 set; Ads= + - = '15w East 40.58 feet to the said -West 1/4 i of Section 10; thence along said r section I •1A 89'52'30" East 735.37 feet; to the of Beginnin• easement herein described. Off, 1 TI re c�R� �._431* ter. • • • 4--'•• - K Vis, • i j I - 1712 OR 0000 PAGE • 1. Aar llss yrwlded by County OefiwMw ire Cbsptor lee. FleriM Statutes, la fever of city. tom,„ii Upot set ,rity, ter ',paid easeloa dsrges for service* by saes Mater 'retcms, serer systems or fees 'retiree serving t#e lewd doso:lher herein, sod awes lion tee reets tees in savor et any essnty er weieipslity. 2. Po dlog er oertitisd ernlcyel aeeeeawnt liana for public, 3. sights of tenants in poeae'sion ender unrecorded leasee or of ervi's, it any. eennueerweee ° 11( • r�� o ec. PLIE CI�cN • .now". +p�r�NtY FWR 0C.aa • • • • _ ver ..� r_�_ Gr , - .•riL .. 1 mo.'s w 10 • • • -- — _ . . ..,...,. • i =' • ' '-- ' ' ... - s• • • • • ....• • .., 1;.'. i . : .,. - .07382 ' ''''' r''''• ' ititrots .. i . 1 . 1 — REE190 mi306 ?-- • - - 1 4- i , - Art 31 II 2111115 -.• hilt , . , • • . . , ) 1., . . .1,31RIT T,-5. ITT - ... . ; . .. Of:Illtlifi COVNT .,, • `1. ! • .14.`..i' i i .... .., ,. , . i i' d.,e/it8'.I .e. "' . ' 111:110 wade Oda'2W4 ., 4 17 gravers, ' -9 • :- . : $4:-' r 1 • ' . } Corporatism,a orperatinn inoorpotatad,and existiitt Sado the laws of the •• • c. 4 .. ___. , Otate et Florida;rinse post erne*address is'3ef nzth drawls froth,X•r340), )1 •• • I "..n 1 Florida (hereinafter ea.U.ed the Grantor) to:. •,., ' ' .:'-", i . . . -- • r..*::);:. ... , , ,'---•-, k, i'..,, , I ' i Naples Tomato Crowers, Inc. P. O. Sox 87'7. :" : • .••: : • herokalef, Florida , • 1 ' (hereinafter sailed the Orontes), • ". —4.—.....-- . , yIT11111011211s , • , . . I ' , • _ - n • , The Orentori in eenaideration of the sue of Tea Dollars and eibertased ,• and valuable eonsideratians,the receipt stereo!is kesaby ashaele11441; herSh7 , grants, bargains, falls,transfer and soarers to the Orentee, and thil/einiseis .4 • heir,' waseessors and assigns,the following ['seethed leads ertuate,lying end . -' 1 , ,,, • 1 ' . being in Collier dormer, State of florides . • ) . . • • 1 The West-half (WI) of the Northwest quarter (1114) of the Northeast i f.• • quarter.(Na) of the Southeast quarter (Sri) of Section 10, Township 48 iq t South, Range 25 Last. • r 1 . i. . . . , r . . .. . , • S. 4 • , ... --... t 4 • . . / . •'.. SS -I . TCCMTRIM with alltenanints, hereditenente and sppartenaness, and all rights, , . . . I cp ' powers, privileges;titles, interests,estates, reversions, reweialersaweemernts, , -r,• ...,.. . , .•, , . ,,' end riparian and littoral. rights thereto belonging aria sap ids*pe17.S.lplegt, ; • t`•4 , , , . - 14 41A1351, t:.,,,11-21i4,,, '. .,1 flAN.;:. . , . • TO JV.fl AND to 11)113 the semi in tare*lapis • . '''17."- •• 446:. • , t 51113410?to sap oil,gas or,alneral leasetserpt!reete of,r000rdi and to Ofrf • . ' . ' " , t ., . ,",1 010,40Vi i:' PA!: • ruit,e, rights of way, easements or eouropmeee„et,reeerd girthat an usaratereireep or .i .,... .... ... ..,-0, • • • • . (.......„ ,....../ ay. 1 - 1 . . g inspection',mad dieellee for reeds,,'eensissatioi et trade, rallsoedspIpailf.e,C+ .. , • ' - ' . • utilifiesp tillepaisio'firol poise lineso-Vorrow pits,,antfall eateries and dreinsge. f , , 11 t 1. ,tit$111111:310/1.., tactimuld,....." ..,..,1621. i .. ,.... . , . " 4 i ' _• • • - -7-7. . 4 317., ')" • '' 't' .. . ''f.;; ,• I. ,i, ';15'r , ,,' .g ,.. .,.....-.. ._„,._ STATE c•FLORI• • • ) -' Ilk‘ . .. f..11,1;ital... ,-7.9.,'-‘,..„7, .. A• 1;Ei -' ' r '4,..f --/) " olin ) ! ° - .,': •• • :,,b-r--r-1, rt...-7,...r,t; g= antra --t''--..thr/ ,... •• .#.,-,-, b.... - • - 1 .......--.1. ----,. „„,,,,_,: ,,, .. _...... ... ....,..., 1 -.a. sp..a...... _ -..... -- -. ..-.------. ,..,. . , ,,.. '.. .-- 2 ,, " IM3W. • ' • • .1 t' ..—..... ....., _ ' ,t, .4-...1 ' ",;.:1/4.*•,.,-,, ,;• ', 1.-2 ,. :...,,,,..„-7;1-:..;.''.' . - ''- '.',z- ',1-:',','".'''-.•:.-A.,,,,,..,'1 .--1 -... .,,,, ,' : •_- „, , , IL.", '''',._:;:•!-• ,„ .,, .- • •'' ' ' .A" tt 4.. • " 1- ' • _ __ * 1 ----- iii,,, ,,,, il...... .4 , 7-1 Is ... ......"07,,,, L.— --,........t-----.... -..—__.—-L._•....,:., •-"...„....,,,,....,„' _,....4.416 I_ .- ,..,._ ..$ •-, -,,,2„; . - . .14 _ _' . - - .. �.....-.x._.... _...�,.�-�+�.a;-♦•aa-naa'rwa•..r�� + A• Iii •V. • e Le.... iso I REE190 mi307 • • e. IN WIlYL1.S W> r, the.Grantor has signed,".,ee,ld and delivered this - • 1 ay fintio deed the dand year first above mened.• \ ,, , .., • • t ; 1 dipped, ,soiled and deli- TRAVERSE OONP+O�TIOM, _' . i vexed in our presages, �' f 7L ..lip ??21i - �.• i 1�"",:Tioe President«i f. ,..„ . .. • ,, : . . . ,..41;/1).45, - : ,, ATTZ111' s , 1 • .t. . - . .... . .reter, ; ATI...4. 3: • • •. 0 Q , �. aucZ Or?LORIDA ) ;b•'i,y ;. ; ►,,:• Y� p COUNTY Or o' LIS )i . •... 1,. ..,.,..y.1„.7• ;i I, an officer authorised to take acknowledgments of diode .. according to the laws of the state of rlorlda, 4u3 9ualind and sating, I • " oorg� . <.� .xs„'CKMai 1 I. hereby certify that E. !1. Parker •' , respectively, as Vice President ices Secretary of •Travers• Corporation, I . to ae personally know, this day acknowledged before me that they executed • �, • ' ; the foregoit,deed as iock atfiOan O!'said corpq�ation, and that the affixed ' ice thereto the official seal of said wrporetioni:and,I,furth.r verify that I • • II' know the said pirsod Making laid'adrnowledgawtsto be the ia3ivadoals ds- ,'« - Lscribed in and who c seuted.the,ssid deed. _ 3f . ...._. , i ''' ” Ik'kanseS IRRIREOT,I have hereunto-Vet e7 Recd ani-official ' i I seal this ;2,j14 dE7.ot _..:31!5,4:"2,----._'• '''.=''''''' N«,w j •• :,:a >,.. ,. .:,�yfR., hypes: -' o' oll Sr r.••,.+., fr• • • • F irk � e J j .\. -`14 tarp; � _arMI m..'.... o'r. 'b of ♦:,•.a• .1t1 •1 ' : j ~(swam 110400 stiaale+ • a► . 'poop.. • �� •n _ - STATE OF FLORIDA aDEPARTMENT OF HEALTH iaLTH Operating Permit 1-52-00119 11-BID-3282096 Migrant Labor Camp-Migrant Labor Camp Issued To: Gargiulo Inc. Housing Area 6 County: Collier 1 -39 Anglewood Court Amount Paid: $500.00 Naples, FL 34110 Date Paid: 09/21/2016 Issued Date: 10/01/2016 Mail To: Gargiulo Inc. Expires On: 09/30/2017 15000 Old 41 N Issued By: Naples, FL 34110 Department of Health in Collier County 419 North First Street Ave Maria,FL 34142 (239)252-7303 Owner: Inc., Gargiulo Total Housing Units:37 Total Numer Occupants:122 I . • Original Customer.Gargiulo Inc.Housing Area 6(NON•TRANSFERABLE) DISPLAY CERTIFICATE IN A CONSPICUOUS PLACE STATE OF FLORIDA DEPARTMENT OF HEALTH 777 HEOperating Permit HEALTH 11-52-00119 11-BID-3262096 Migrant Labor Camp-Migrant Labor Camp County: Collier Issued To: Gargiulo Inc. Housing Area 6 Amount Paid: $500.00 1 -39 Anglewood Court Date Paid: 09/21/2016 Naples, FL 34110 Issued Date: 10/01/2016 Expires On: 09/30/2017 To: Gargiulo Inc. 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