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Agenda 02/27/2018 Item #17A02/27/2018 EXECUTIVE SUMMARY This item has been continued from the January 23, 2018 BCC Meeting. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 03-40, as amended, the Heritage Bay Planned Unit Development, to approve an insubstantial change to the PUD, to add a deviation from LDC Section 4.06.02.C.7.a to remove the requirement for a landscape buffer along an internal side shared property line between Lot 1A, Lot 2A, and Lot 3A of the Heritage Bay Commons - Tract D Second Replat subdivision, and providing for an effective date. The PUD is located on the northeast corner of Immokalee Road and Collier Boulevard (CR 951) in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County, Florida, consisting of 2,562± acres [PDI-PL20170001859]. _____________________________________________________________________________________ OBJECTIVE: The petitioner requests an insubstantial change to Ordinance No. 03-40, as amended, the Heritage Bay PUD, to add a deviation from Land Development Code (LDC) Section 4.06.02.C.7.a to remove the requirement for a landscape buffer along an internal si de, shared, property line between Lot 1A, Lot 2A, and Lot 3A of the Heritage Bay Commons - Tract D Second Replat subdivision. CONSIDERATIONS: LDC Section 4.06.02.C.7.c states there shall be no net loss of landscape material or square-footage between parcels as a result of the eliminated buffers. Currently, Lots 1A, 2A, and 3A have 15-foot wide, shared buffers, 7.5 feet on each side, running the length of the shared lot lines excluding interconnections. The shared buffers are Type A Buffers, and as outline d in LDC Section 4.06.02.C a tree is required every 30 feet on center. The buffers may be relocated without reducing the number of trees, and as determined at the time of the Site Development Plan review, a trellis with 50% vine coverage, at the time of planting, may also be used to fulfill the square-footage requirement of the relocated buffer per staff direction. FISCAL IMPACT: The PDI application by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development; however, if the PDI is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Services (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order, approved by Collier County, is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please, note that impact fees and taxes collected were not included in the criteria used by staff and the Hearing Examiner to analyze this petition. GROWTH MANAGEMENT IMPACT: Because this application is not adding uses or increasing the intensity of the previously approved uses in the Heritage Bay PUD, it is consistent with the Future Land Use Element (FLUE) of the GMP. Conservation and Coastal Management Element: Environmental staff has evaluated the proposed changes to the PUD Documents. There is no issue with consistency. 17.A Packet Pg. 1641 02/27/2018 Transportation Element: Transportation Planning staff has evaluated the proposed changes to the PUD Documents, and there is no issue with consistency. LEGAL CONSIDERATIONS: This is an insubstantial change amendment to the existing Heritage Bay PUD (Ordinance No. 03-40, as amended). Pursuant to LDC Section 10.02.13 E.2 and Chapter 3, Section G.3 of the Administrative Code for Land Development, the Planning Commission or the Hearing Examiner is the final decision maker for insubstantial change applications. The BCC on June 13, 2017, directed staff to bring insubstantial changes to Planned Unit Developments to the Board of County Commissioners for affirmation of the approving CCPC Resolution or HEX Decision in order to amend the PUD Ordinance accordingly. The Hearing Examiner was guided in his decision by the criteria stated in Section 10.02.13.E.2 of the LDC: “An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 [criteria for substantial changes] and shall … be based on the findings and criteria used for the original application ….” This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) HEARING EXAMINER (HEX) DECISION: The HEX approved the application in HEX Decision No. 2017-34, with the following conditions: a) All other applicable State or Federal permits must be obtained before commencement of the development. b) Requirements of LDC Section 4.06.02.C.7 not specifically modified by this deviation request will remain as required by this LDC Section. c) Should a trellis be used to supplement the buffer relocation, the trellis shall have 50% vine coverage at time of planting. d) The buffers that are relevant to this Decision are limited to those shown on Exhibit “E” as the “affected buffer”. RECOMMENDATION: Staff agrees with the HEX and recommends approval of the subject PDI. Prepared by: Fred Reischl, AICP, Principal Planner, Zoning Division ATTACHMENT(S) 1. [Linked] Staff Report w Backup PDI (Cameron Commons)_PL20170001859 (PDF) 2. HEX 2017-34 Heritage Bay PDI (Cameron Commons) (PDF) 3. Ordinance - 011718(1) (PDF) 4. Legal Ad - Agenda ID 4621 (PDF) 17.A Packet Pg. 1642 02/27/2018 COLLIER COUNTY Board of County Commissioners Item Number: 17.A Doc ID: 4621 Item Summary: ***This item has been continued from the January 23, 2018 BCC Meeting.*** This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 03-40, as amended, the Heritage Bay Planned Unit Development, to approve an insubstantial change to the PUD, to add a deviation from LDC Section 4.06.02.C.7.a to remove the requirement for a landscape buffer along an internal side shared property line between Lot 1A, Lot 2A, and Lot 3A of the Heritage Bay Commons - Tract D Second Replat subdivision, and providing for an effective date. The PUD is located on the northeast corner of Immokalee Road and Collier Boulevard (CR 951) in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County, Florida, consisting of 2,562± acres. [PDI-PL20170001859] Meeting Date: 02/27/2018 Prepared by: Title: Planner, Principal – Zoning Name: Fred Reischl 01/22/2018 2:08 PM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 01/22/2018 2:08 PM Approved By: Review: Zoning Ray Bellows Additional Reviewer Completed 01/24/2018 3:40 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 01/25/2018 4:52 PM Zoning Michael Bosi Additional Reviewer Completed 01/26/2018 10:31 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 01/30/2018 10:17 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 01/30/2018 4:25 PM Growth Management Department James French Deputy Department Head Review Completed 02/07/2018 6:53 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/08/2018 10:42 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/08/2018 1:32 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 02/13/2018 10:39 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/19/2018 12:41 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/27/2018 9:00 AM 17.A Packet Pg. 1643 17.A.2 Packet Pg. 1644 Attachment: HEX 2017-34 Heritage Bay PDI (Cameron Commons) (4621 : Cameron Commons) 17.A.2 Packet Pg. 1645 Attachment: HEX 2017-34 Heritage Bay PDI (Cameron Commons) (4621 : Cameron Commons) 17.A.2 Packet Pg. 1646 Attachment: HEX 2017-34 Heritage Bay PDI (Cameron Commons) (4621 : Cameron Commons) 17.A.2 Packet Pg. 1647 Attachment: HEX 2017-34 Heritage Bay PDI (Cameron Commons) (4621 : Cameron Commons) Exhibit B Page 1 of 217.A.2 Packet Pg. 1648 Attachment: HEX 2017-34 Heritage Bay PDI (Cameron Commons) (4621 : Cameron Commons) Exhibit B Page 2 of 217.A.2 Packet Pg. 1649 Attachment: HEX 2017-34 Heritage Bay PDI (Cameron Commons) (4621 : Cameron Commons) Exhibit C Page 1 of 217.A.2 Packet Pg. 1650 Attachment: HEX 2017-34 Heritage Bay PDI (Cameron Commons) (4621 : Cameron Commons) Exhibit C Page 2 of 217.A.2 Packet Pg. 1651 Attachment: HEX 2017-34 Heritage Bay PDI (Cameron Commons) (4621 : Cameron Commons) Exhibit D 17.A.2 Packet Pg. 1652 Attachment: HEX 2017-34 Heritage Bay PDI (Cameron Commons) (4621 : Cameron Commons) PROPERTY LINE PROPERTY LINE PROPERTY LINE PROPERTY LINE AFFECTED BUFFER AFFECTED BUFFER PARCEL 1 PARCEL 4 www.cphcorp.com Sheet No.Scale: Job No.: Date: C 2017 Drawn by: Designed by: Approved by: Checked by: IMMOKALEE BLVD. AND GOODLAND BAY DR. HERITAGE BAY COMMONS TRACT D 11-17 As Noted D. Moyer D. Moyer K. Upp K. Upp INTERNAL LANDSCAPE BUFFERS F1730 E-33277A Fruitville Rd., Suite 2 Sarasota, FL 34237 Ph: 941.365.4771 CPH, Inc. Arch. Lic. No. AA2600926 Landscp. Lic. No. LC0000298 Licenses: Eng. C.O.A. No. 3215 Survey L.B. No. 7143 Plans Prepared By: IMMOKALEE RD. N BELLAIRE BAY DR. SAGE AVE. 4000200 GOODLAND BAY DR.Exhibit E 17.A.2 Packet Pg. 1653 Attachment: HEX 2017-34 Heritage Bay PDI (Cameron Commons) (4621 : Cameron Commons) 17.A.3 Packet Pg. 1654 Attachment: Ordinance - 011718(1) (4621 : Cameron Commons) 17.A.3 Packet Pg. 1655 Attachment: Ordinance - 011718(1) (4621 : Cameron Commons) 17.A.3 Packet Pg. 1656 Attachment: Ordinance - 011718(1) (4621 : Cameron Commons) 17.A.4 Packet Pg. 1657 Attachment: Legal Ad - Agenda ID 4621 (4621 : Cameron Commons) AGENDA ITEM 3-A co i b�Y County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: NOVEMBER 9, 2017 SUBJECT: PDI -PL -20170001859; HERITAGE BAY PDI (CAMERON COMMONS) PROPERTY OWNER/AGENT— Owner/Applicant: Cameron Partners II, LLC 11586 Quail Village Way Naples, FL 34119 Agent(s): Daniel Moyer, P.E. CPH, Inc. 3277A Fruitville Road Naples, FL 34104 PLEASE NOTE: The subject lots are owned by Cameron Partners II, LLC. Outside of the subject lots, there are many private owners, and they have not joined this application. RE UESTED ACTION: The petitioner requests an insubstantial change to Ordinance No. 03-40, as amended, the Heritage Bay PUD, to add a deviation from Land Development Code (LDC) Section 4.06.02.C.7.a to remove the requirement for a landscape buffer along an intemal side, shared, property line between Lot 2 and Lot 3 of the Heritage Bay Commons --- Tract D replat subdivision or any internal buffer. GEOGRAPHIC LOCATION: The PUD consists of 2,562± acres located on the northeast corner of Immokalee Road and Collier Boulevard (CR 95 1) in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County, Florida. (See location wrap on following page,) Lots 2 and 3 are located in the southwest quadrant of the PUD. PDI-PL20170001859 Heritage Day PUD Page 1 of 13 November 30, 2017 Location Map Petition Number: PL -2017-1859 Zoning !'dap PURPOSE AND DESCRIPTION OF PROJECT: The applicant is petitioning to relocate the shared buffer between Lots 2 and 3 to another location. According to LDC Section 4.06.02.C.7, relocating the buffer may be done administratively by Joint Project Plan as outlined below: LDC Section 4.06.02.C.7. 7. Joint Project Plan. Abutting platted parcels may submit a joint project plan to remove one side or rear landscape buffer along a shared property line in order to share parking or other infrastructure facilities, provided the following criteria are met: a. A joint project plan shall include all necessary information to ensure that the combined site meets all of the design requirements of this Code, and shall be submitted as either a single SDP or SIP consisting of both parcels , or separate SDPs or SIPS for each parcel that are submitted concurrently. Joint project plans require a shared maintenance and access easement that is recorded in the public records. b. The following are eligible for a joint project plan. One outparcel shall be no greater than 3 acres and the combined parcel acreage shall not exceed S acres: i. Abutting commercial outparcels located within a shopping center. ii. Abutting commercial parcels in a Business Park. iii. Abutting commercial parcels with the same zoning designation. iv. Abutting industrial parcels with the same zoning designation. C. The eliminated buffer shall be reallocated to the remaining landscape buffers and/or internal landscaped areas of the proposed joint project. There shall be no net loss of landscape material or square footage of the buffer as a result of the eliminated buffer on the shared property line. d. The buffer to be eliminated shall not be a perimeter buffer or adjacent to any internal main access drives. Because the applicant is not ready to submit a Site Development Plan for each lot, a Joint Project Plan cannot be used to relocate the buffer, and therefore a PDI is required, SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the proposed buildings on the subject property: North: Sage Avenue ROW, across from which are vacant parcels, designated as commercial (Heritage Bay PUD) East: Facility with Fuel Pumps under construction with a zoning designation of PUD (Heritage Bay PUD) South: Canal within Immokalee Road ROW, across from which are active agriculture fields, with the density of 1 DU per 5 Acres with a zoning designation of A (Rural Agricultural) PDI-PL20170001859 Heritage Bay PUD Page 3 of 13 November 30, 2017 West: A vacant lot designated as commercial, Heritage Bay PUD. STAFF ANALYSIS: LDC Section 4.06.02.C.7.c states there shall be no net loss of landscape material or square footage between parcels as a result of the eliminated buffers. Currently, Lots 2 and 3 have a 15 -foot wide, shared buffer, 7.5 feet on each side, running the length of the shared lot line excluding interconnections. The shared buffer is a Type A Buffer, and as outlined in LDC Section 4,06.02.0 a tree is required every 30 feet on center. The buffer may be relocated without reducing the number of trees, and as determined at the time of the Site Development Plan review, a trellis with 50% vine coverage, at the time of planting, may also be used to fulfill the square footage requirement of the relocated buffer per staff direction. Comprehensive Planning: Because this application is not adding uses or increasing the intensity of the previously approved uses in the Heritage Bay PUD, it is consistent with the Future Land Use Element (FLUE) of the GMP. Conservation and Coastal Management Element: Environmental staff has evaluated the proposed changes to the FUD Documents. There is no issue with consistency. Transportation Element: Transportation Planning staff has evaluated the proposed changes to the PUD Documents, and there is no issue with consistency. PLANNED UNIT DEVELDPENT INSUBSTANTIAL CHANGE CRITERIA: There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 14.02.13 E.1. The criteria and response to each criterion are listed below as follows: PDI-PL20170001859 Heritage Bay PUD Page 4 of 13 November 30, 2017 10.02.13.E.1 a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. C. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space), or a proposed relocation of nonresidential land uses? No, the proposed amendment is to relocate a portion of the buffer, keeping the same landscape material. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? No, there are no substantial impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The proposed amendment would not result in land use activities that generate higher levels of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers, which were not anticipated when the principal uses were originally adopted. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. PDI-PL20170001859 Heritage Bay PUD Page 5 of 13 November 30, 2017 h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. There will be no incompatible relationships with abutting land uses. i. Are there any modifications to the PUD Master Plan or PUD Document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No. Comprehensive Planning staff determined the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Both environmental and transportation planning staff reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with the Conservation and Coastal Management Element (CCME) or the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380 06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10. 02.13 of the LDC. Due to the limited nature of this request, a determination and public hearing under F.S. 380.06(19) will not be required. k. Are there any modifications to the PUD Master Plan or PUD Document or amendment to a PUD ordinance which impacts) any consideration deemed to be a substantial modification as described under Section(s)10.02.13 E. ? Based upon the analysis provided above, the proposed change is not deemed substantial. Section 10.02.13.E.2 Does this petition change the analysis of the findings and criteria used for the original application? No, the proposed changes do not affect the original analysis and findings for the original application, which is summarized below. FINDINGS OF FACT: LDC Subsection 10.02.13.E.2 also requires an evaluation of the findings and criteria used for the original PUD application. PUD FINDINGS: PDI-PL20170001859 Heritage Bay PUD Page 6 of 13 November 30, 2017 LDC Section 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08." Below are the PUD Findings with the original application that created the Heritage Bay, PUD The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The type and pattern of development have already been reviewed and found compliant with all applicable LDC and GMP regulations. This amendment will not change the pattern of development. Furthermore, this project is already being developed and with continued development will be required to comply with all county regulations regarding drainage, sewer, water, and other utilities pursuant to Section 6.02.00 Adequate Public Facilities of the LDC. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with this PUD amendment application provided satisfactory evidence of unified control of the subject lots. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the GMP. County staff has reviewed this petition and has found that this petition to be consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The appropriateness of the uses within this project was reviewed in previous rezoning actions; no changes to the uses are proposed as part of this amendment. The landscaping and buffering requirements were already reviewed and approved during the previous rezoning process as well. The landscaping will be modified and all other portions of the project will be developed in compliance with the regulations already in effect, as part of the currently approved PUD ordinance. No other entities should be negatively impacted thus maintaining the project's internal and external compatibility. PDI-PL20170001859 Heritage Bay PUD Page 7 of 13 November 30, 2017 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this approved PUD meets the minimum requirement of the LDC. This proposed minor amendment will not change the amount of open space. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. This amendment does not change the timing or sequence of development. 7. The ability of the subject property and of surrounding areas to accommodate expansion. A change in the landscaping will not affect the ability for expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. One deviation is being sought in conjunction with this amendment, and the evaluation of that deviation is addressed in the following section Deviation Discussion following Rezone Findings. REZONE FINDINGS: LDC Subsection 10.03.05.1. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Below are the Rezone Findings of the original application that created Heritage Bay (LDC requirements are shown in italicized text and those are followed by staff's analysis): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the GMP. The proposed change is consistent with the GMP. 2. The existing land use pattern. This amendment does not change the land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. PDI-PL20170001859 Heritage Bay PUD Page 8 of 13 November 30, 2017 The proposed PUD amendment would not create an isolated zoning district, because no change is proposed to the boundaries of the subject property of this already zoned PUD property. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. This amendment does not change the district boundaries. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The original rezoning was approved on July 9, 2003. The petitioner proposes this amendment to respond to what he views as a way to effectively utilize the site acreage. G. Whether the proposed change will adversely influence living conditions in the neighborhood The proposed change will not adversely influence local living conditions 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This PUD amendment does not increase the size or intensity of the currently approved PUD. In addition, development of the subject property is consistent with provisions of the Transportation Element of the GMP. Therefore, this project should not create types of traffic deemed incompatible with surrounding land uses, and it should not affect the public safety. 8. Whether the proposed change will create a drainage problem. Storm water management was addressed in the previous rezone process. The proposed development should not create drainage or surface water problems, because the LDC specifically addresses prerequisite development standards as part of the local development order process that are designed to reduce the risk of flooding on nearby properties. Any proposed water management and drainage system will need to be designed to prevent drainage problems on site and must be compatible with the adjacent water management systems. Additionally, the LDC and GMP have regulations in place that will ensure review for drainage on new or on-going developments. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed amendment will not reduce light and air to adjacent areas outside the PUD or to other properties within the PUD. 10 Whether the proposed change will adversely affect property values in the adjacent area. Staff is of the opinion that the proposed insubstantial amendment will not adversely affect property values. This is a subjective determination based upon anticipated results which may be internal or external to the subject property. Property valuation is affected by a host of PDI-PL20170001859 Heritage Bay PUD Page 9 of 13 November 30. 2017 factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The basic premise underlying all the development standards in the LDC is that sound application, when combined with the site development pian approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed PUD amendment should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The development complies with the GMP, which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. Considering this fact, the proposed amendment does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property has been partially developed with the existing property development regulations; however, the petitioner is seeking this amendment in order to respond to the changing financial scene. LDC Section 2.03.05 which sets forth the purpose and intent of Plan Unit Development Districts says in part: It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PVDs ...may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest... Staff believes the proposed amendment meets the intent of the PUD district and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The PUD Document and the allowable development was found consistent with the GMP subdistrict requirements when the rezoning was originally approved. No changes are proposed as part of this amendment that would jeopardize that finding. The GMP is a policy statement which has evaluated the scale, density, and intensity of land uses deemed to be acceptable throughout the urban -designated areas of Collier County. Staff believes the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. PDI-PL20170001859 Heritage Bay PUD Page 10 of 13 November 30. 2017 15. Whether it is impossible tofind other adequate sites in the County for the proposed use in districts already permitting such use. This criterion is not applicable to this amendment as the uses have already been approved and no changes to those uses are proposed as part of this amendment. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses ander the proposed zoning classification. This site has already been altered and partially developed in compliance with the applicable LDC requirements, and further there is no "proposed zoning classification" as noted above. The zoning to PUD was previously approved; only an amendment is being considered. Therefore, this criterion is not applicable to this petition. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended This amendment should not affect public facilities and services. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. DEVIATION DISCUSSION: The petitioner is seeking one deviation from the requirements of the LDC. The deviation s quoted direct from the PUD Ordinance proposed below and is followed by the petitioner's justification and staff analysis. Proposed Deviation #1 "A. From Section 4.06.02.C. 7a which allows abutting platted parcels to submit a joint project plan to remove one side or rear landscape buffer along a shared property line as Iong as the joint project plan is submitted either as a single SDP or SIP consisting of both parcels or separate SDPs or SIPS for each parcel submitted concurrently, to instead allow the owner of Lots 2 and 3, Heritage Bay Commons Tract D Replat to eliminate the required internal landscape buffers for lots 2 and 3 and submit a separate SDP that is not submitted concurrently for each lot." Petitioner's Justification: Reallocation of a buffer is permitted using a Joint Project Plan. This deviation would only affect timing. Staff Analysis and Recommendation: See detailed staff analysis located on page 3 and 4. Staff sees no detrimental effect in approving this deviation. Planning and Zoning staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the PDI-PL20170001859 Heritage Bay PUD Page 11 of 13 November 30, 2017 petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING IM : The Hearing Examiner waived the requirement of a NIM. COUNTY ATTORNEY OFFICE REVIEW: This Staff Report was reviewed by the County Attorney's office on October 30, 2017. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20170001859 and forward the petition to the Board (BCC) for affirmation- PDI-PL20170001859 Heritage Bay PUD Page 12 of 13 November 30, 2017 PREPARED BY: FRED RA L, AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: Y, --/0A RAYM6KrlVj. BELLOW4Z$1NGMANAGER DATE ZONINGDWISION APPROVED BY: MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION Pal-PL20170001859 Heritage Bay PUD Page 13 of 13 November 9. 2017 0 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20, 7000,656 • I, P Snields Farber. Jr. (print name), as Manger (title, if applicable) of 2017 GOO DLAND NAPLES LLC (company, 1fa Iicable), swear or affirm under oath, that I am the (choose one) owner applicant�ontract purchaserEJand that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through thfs application; and that 4. The property will be transferrers, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Daniel Moyer, cPH. Inc. to act as ourlmy representative in any matters regarding this petition including 1 through 2 above. 'Notes: • If the applicant is a corporation, them 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 approptiate format for that ownership, Under penalties of pei I Tare that I have read the foregoing Affidavit of Authorization and that the facts stated In It r�t e ,v2w,� Signature pate STATE OF FLORIDA COUNTY OF COLLIER Th foregoing Inst ument was sworn to (or affirmed} end subscribed before me on ll �� t 7 (date) by r (name of person providing oath or affifrnation), as who is personally known to me who has produced (type of identification) as identification. , /] , e STAMPISEAL nature Of PAMELA L. LAUREIll My C01.1mISSiON = FF225313 EXPWE5 AuguSt 1U. 1014 +e iii Si F ' }f�N ;v,'R'r ••;11 1" CMOs -C0.4 -W11511 Ss REV 3124114 • June 2, 2017 3277A. Fruitville Road Suite 2 Sarasota, Florida 34237 Phone: 941.365.4771 Collier County Government Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 239.252.2400 RE: Goodland - Heritage Bay Commons Replat Tract D PL #: 20170001859 Property I D #: 49650084485 & 49660084508 Detail of Request Insubstantial Planned Development Change LDC Section 10.02.13.E.1 Criteria On behalf of our client, The Ferber Group, we request a PUD Insubstantial Change to eliminate the required internal landscape buffers for Lots 2 and 3 of the Heritage Bay Commons, part of Tract D Replat. The development will provide for the required 7.5 foot landscape buffer required between Lot 1 and 2, and the 10 foot landscape buffer required between Lot 3 and 4. We respectfully request that the requirement for a Neighborhood Meeting be waived for this request, due to the minor nature of the change. If the project was able to have all users submit concurrently, the removal of the buffers would be abie to handled administratively as part of a SDP The proposed change to the PUD does not meet the thresholds of a Substantial Change, Section 10.02.13,E.1 of the LDC, as described below: A. A proposed change in the boundary of the PUD — the proposed change does not change the boundary of the PUD B. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development — The pr000sed change does • not increase either the intensity or height of commercial or residential within the PUD. The proposed change will only affect two existing parcels within the PUD and will not result in an increase in the allowable buildable area. C. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area - the proposed chance will not affect the PUD's open space, preservation, conservation or recreation areas. D. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces ), or a proposed relocation of nonresidential land uses — the proposed change does not increase or change areas for nonresidential areas within the PUD. E. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities — the proposed change will not result in an increase in proposed allowable development for the PUD and will not cause an increase to traffic generation, traffic circulation, or impacts to public facilities. The proposed change affects only two existing commercial lots. F. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers - the proposed change will not alter allowable land uses _and will not result a higher level of traffic. The proposed change will only affect two existing commercial lots. G. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges — the proposed change will not impact or increase stormwater requirements. The two im acted lots will still be required to provide stormwater treatment required by the PUD, and will not exceed allowable buildable areas. H. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; - No changes in land use are proposed with this change. The two existing lots that are part of this change will remain commercial uses as allowed by the PUD. I. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses — The proposed change will not increase density above the allowable build out established in the PUD, and will not result in changes to the PUD that are inconsistent with the Future Land Use Element or Growth Management Plan. J. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.56, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06 19 e 2 and an changes to a DRUPUD master Ian that clear) do not ( ) () � Y 9 P Y create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; - The PUD district is a DRI. The proposed changes are not substantial per F.S. 380.06 (19)(02. K. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. — the proiect does not meet the criteria of a substantial modification per the LDC. • From: kilowsRav To: Mover. Daniel rP.El.; ]ohnsonErK Cc: Fuentes, Heather; BaighlFred Subject: RE. Request for Plat & PDI docs DaW Friday, June 42, 2017 10:05:38 AM Attachments. Hi Dan, the pre. -app meeting that was held yesterday and that was attended by Fred Reischl attended can be Counted as the PDI pre -app. Please let me know if 1 can be of any other assistance. R4 Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 From: Moyer, Daniel (P.E.). [mailto:drnoyer@cphcorp.comj Sent: Friday; June 02, 2017 9:49 AM To: BellowsRay <RayBellows@colliergov.net>; JohnsonEric <EricJohnson@colliergov.net> Cc: Fuentes, Heather <hfuentes@cphcorp.com> Subject: RE: Request for Plat & PDI docs Good morning Ray, I left you a voicemail earlier today. When you get a chance, can we please discuss at your earliest convenience? Thank you! Dan Moyer, PE Vice President CPH 941-365-4771 x2803 813-841-5851 (cell) From: Moyer, Daniel (P.E.). Sent: Thursday, June 01, 2017 2:27 PM To: BellowsRay avBellowsPcellikMQLDd]; 'ericjohnson@colliergov.net' Cc: Fuentes, Heather Subject: FVV: Request for Plat & PDI docs Good afternoon Eric and Ray. First off, just want to apologize for interrupting you during your hearings today. We are in a bit of pickle on this site. Not sure how the {ire -app was incorrectly scheduled, but we respectfully request that we be allowed to proceed with the submittal utilizing today's pre -app meeting. our client is up against a hard deadline that requires the PDI (and Plat) to be submitted no later than this coming Monday (june 5). Ray, if you recall, we spoke about this site previously, the 2 parcels west of the Race Trac in Heritage Bay. Our request is very minor, we are requesting a single Deviation to remove the internal buffers for our 2 parcels. This would normally be able to be handled administratively through the SDP process per the LDC, but we are unfortunately not able to make all 3 users submit at the same time to utilize that section of the code. Hopefully you can allow us to submit, and if you want us to have another meeting at the next available pre -app dates we will most certainly do that, and can make any updates to the submittal package as needed, but as I mentioned, its critical for the developer that we submit on Monday. If we cannot meet this, the deal potentially falls though. Please let us know if we can do anything to make this right. Thank you again. Dan Moyer, PE Vice President CPH 941-365-4771 x2803 813-841-5851 (cell) From: Fuentes, Heather Sent: Thursday, June 01, 2017 2:21 PM To: Moyer, Daniel (P.E.). Subject: FW: Request for Plat & PDI docs Thank you, 0 Nikki Fuentes Administrative Assistant CPH 941-365-4771 Celebrating 35 years of Desig-n ExceCCence From: Fuentes, Heather Seat: Thursday, June 01, 2017 1:56 PM To: 'JohnsonEric'; BellowsRay Cc: Houfdsworthlohn; GMD Client Services Subject: RE: Request for Plat & PDI docs Understood. Thanks Eric. Ray, I have attached the pre -app notes that were taken that requests our coordination with you to determine if today's pre -app can satisfy the pre -app requirement. Thank you, 0 Nikki Fuentes Administrative Assistant CPH 941-365-4771 Celebrating 35 years of Desigii. ExceCCence From: lohnsonEric l Sent: Thursday, lune 01, 2017 1:44 PM To: Fuentes, Heather; BellowsRay Cc: Houldsworthlohn; GIVID Client Services Subject: RE: Request for Plat & PDI docs Heather, If the pre -application meeting was mistakenly set up for a plat and not a PDI, then it may not have had the necessary staff members present. For example, it is likely that no one from the County Attorney's Office was present because they're currently attending the CCPC meeting. As to whether the meeting conducted today, which included Fred Reischl, can count towards your required pre -application meeting, l must defer to Ray. Respectfully_ Eric L. Johnson, AIM CFM, LEED Green Associate Principal Planner From: Fuentes, Heather frnailto7hfuentesC@c,phcorp.LQm) sent: Thursday, June 01, 2017 1:39 PM To: Johnson Eric qrmL I Qhns on Pcol I mergoy.net>; BellowsRay <RayBelIowsacoIIierggy.ne > Cc: Houldsworthlohn >; GMD Client Services Subject: RE: Request fpr Plat & PDI docs Eric, the pre -app meeting took place today. The meeting was supposed to be for the PDI, but it appears I set it up for a final plat by accident online. In the meeting Fred Reischl attended. We were told that we would need a confirmation email from Ray saying that today's pre -app meeting was in fact for the PDI. We had already received an email previously from John Houldsworth (see attached) saying a pre -app meeting was not required for the final plat. Thank you, Nikki Fuentes Administrative Assistant CPH 941-365-4771 Cefebrating 35 years o f Design: Exce(l�ence From: )ohnsonEric fmailto:Fric]ol�son(a)colliergov_net] Sent: Thursday, June 01, 2017 1:18 PM To: BellowsRay; Fuentes, Heather Subject: RE: Request for plat & PDI docs When was the pre -application meeting conducted? Respectfully, Eric L. Johnson, AICP, CFM, LEED Green Associate Principal Planner From: BellowsRay Sent: Thursday, June 01, 201711:42 AM To: Fuentes, Heather Ehfuentes0c hcorp comp Cc: JohnsonEric <LriclohnsorrPcol 1iergov.net> Subject: RE: Request for Plat & PDI docs ! am currently at the CCPC meeting today, however, f will discuss your request with Eric to verify that the proper pre -app notes were taken and the fee paid for the combined meeting. Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 X: From: Fuentes, Heather [Uja'llo7bftientesf@cphcorl2_com] Sent: Thursday, lune 01, 201711:30 AM To: BellowsRay <RayBellows(@col IiergQu,Llet> Cc: JohnsonEric <Ericlohnson( colliergov.net> Subject: RE: Request for Plat & PDI docs Ray, We were told in our pre -application meeting today that we would need a confirmation email from you stating that today's meeting would count towards our PDI pre -app meeting. Can you please 0 • provide this to us at your earliest convenience? i appreciate all your help O Thank you, Nikki Fuentes Administrative Assistant CPH 941-365-4771 CeCebrating 35 hears of Design ExceCCence From: BellowsRay fmailto:RayBellmiacolii=o-v net] Sent: Wednesday, May 31, 2017 5:51 PM To: Fuentes, Heather Cc: JohnsonEric Subject: RE: Request for Plat & PDI dots Hi Heather, I have forwarded your request to Eric Johnson since he is the assigned Principal Planner for the PD1 application that was approved for RaceTrac. He should be able to provide the complete application that was submitted. R14 Raymond V. Bellows, Toning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 W From: Fuentes, Heather ] Sent: Wednesday, May 31, 2017 10:10 AM To: BeIlowsRay <RayBellawslabcolIier oe v_net> Subject: RE: Request for Plat & PDI docs Ray, Are you able to send me the complete package that was submitted by RaceTrac? In addition, are we required to submit the zoning data sheet since we aren't changing any of that information? Thank you, Nikki Fuentes Administrative Assistant CPH 941-365-4771 Celebrating 35 bears of Design Exceftence From: Fuentes, Heather Sent: Wednesday, May 31, 2017 8:17 AM To: 'BellowsRay' Subject: RE: Request for Plat & PDI docs Good morning Ray, Thanks for that information. Can you provide the Current master pian that was provided by Racetrack? We have a copy but the quality is very poor and was hoping you had something better that can be provided. Thank you, Nikki Fuentes Administrative Assistant CPH 941-355-4771 Celebrating 35 years of Design ExcefIence From: BellowsRay fmailto:RayBellows(d)collieraov.net] Sent: Tuesday, May 30, 2017 5:08 PM To: Fuentes, Heather Subject: RE: Request for Plat & PDI docs As you have requested, I have attached a copy of the PDI Resolution for the subject property. I have copied John Houldsworth to see if he can provide copies of any platting information. Please let me know if I can be of any other assistance. Ray Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463: Fax: 239.252.6350 Q From: Fuentes, Heather fmailto:hfuentes(@cphcorp.com] Sent: Tuesday, May 30, 2017 11:09 AM To: BellowsRay <RayBellQws( colliergov,net> Subject: Request for Plat & PDI docs Good morning, I would like to request the PDI and plat documents submitted for the Racetrack on ImmokaIee Rd near the vicinity of the attached site locations. I was also wondering if we are able to get a word document of the Heritage Bay PUD document so that we may edit it as requested in the document requirements for the RDI application. If you are not the correct person to get this information from, can you please point me in the direction of who I can speak with regarding these requests. Thanks for your help, and if you should have any questions please do not hesitate to ask. Thank you, Nikki Fuentes Administrative Assistant CPH 941-365-4771 I* Celebrating 35 years of Design ExceCCence Under Florida Law, a -mail addresses are public records It you do not want you+- e-mail address released in response to a public records request. do not send electronic mail to this entity. Instead. contact this office by telephone or in writing. 0 C. • • Desigr Drawn 0 U I M AFFECTED AREA I C/l%CKin I MIll s CVH. Inc. Date:esrovn �� ]i]]A FruinNv tl.SWra2Sa'uo+a, FL ]CY3] AFFECTED AREA Sheet No. rn: eSuIW2 77r Job No.: Fl 730 u— En9.CAA.Nq 3]19 Arps. 4q Nq AAX999]9 HERITAGE BAY COMMONS TRACT D ©t9+7 w .cphc rp.wm Smvsyl9.Nq]+47 Jad, U, No. LCOM298 IMMOKALEE BLVD. AND GOODLAND BAY DR. ®n.Ve cmmn v— - • June 2, 2017 Collier County Government Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 239.252.2400 RE: Goodland — Heritage Bay Commons Replat Tract D PL #: 20170001859 Property ID #: 49660084485 & 49660084508 3277A. Fruitville Road Suite 2 Sarasota, Florida 34.237 Phone: 941.365.4771 we •ir .ghcorp.corn, Le al Description: LOTS 2 AND 3, HERITAGE BAY COMMONS - TRACT D REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 58, PAGES 2 THROUGH 5, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 0 • • • VICINITY MAP SCALE: 1"=5000' r BELLAIRE BAY DR. 71PR- s PARCEL PARCEL 6 PARCEL 7 PARCEL 8 �o ' rr�rr �`rr�rr rrrwwr rr�.i r-�`F". m SAGE AVE. z F/z z ' L7 PARCEL 1 PARCEL. EL 3 PARCEL 4 rr I E SITE-t""� I RAOKALEE RD. i LOCATIQN MAP SCALE: 1"-200, --- --- - — CpH am LOCATION MAP Sheet No. Dre by- Ix uv DOW os�r Checked MSHJkurn io/� + J00 Na.: F173o i.r�: HERITAGE BAY COMMONS TRACT 0 ove0 o.r �mtt wrrw +-corp, w...r wv.�w u� LCaaNm MUAOKALEE BLVD. AHD GCFDDLAHD BAY DR. �dD r \� L i 80 T4 ELY EAST GOA.. BOURSE A fGPICUIFa URN ZDNED (.NURSE`+ ,M110N:i w'Flx'Ers x[�c —_ OL• G:i isn car, n ACF ;JL'liTRl ZONED (..^O VELOPE`) 0 C] =T TMP 489 MZ 2EE a— Ire- of/]Ba aM.aa �: c°laa I�,�I Smis f.wa - - SS PRk WHS-c[6-OOJ YIPA9 Rh NORTH SCALE: T. S°°' ,1 � • EXHIBIT 3 AGFICULNN0. ZONED WI1H MOBILE HOME -'F-W R4 r d R I IMINARY LAND US �JNtdA� g.7 C, NSERVATIUN & PPESERVE 8'3.0 AC DE VELDPMENT LAKES 190!' AC CRF4TION L,*FS 457.0 AC H CPEA-ION, O°EN SPACE, 4545 AC Til FERS, GOLF CJJRSE ANO LAK- [':r- WO FESIDENTAL --J WE '22.8 AC 19LLAGF CENTFRS A('TIV T 25.0 ACY CENTER COMMERCIAL 40.0 AC GENERAL GOVERNIVENT J ILI.IES. Atl CODOom ' 7 AC r'RE & SHEP.IFF S:, BSTATIDN _ F04 " 0 AC 1 - r° 1piAL_ 762.0 AC A9 AB A➢ -CTAS RESIDENTIAL UNITS 3,450 d CITAL AIF CNIIS 200 4CT1\.T)' CENTER CGMMERCIA, R_ AIL 150,000 Sp. FT. -FILE 50 000 Sp. F7 AB �R9 Ap _ IOTA . zoo,000 so Fr � %� ❑ V'LLALE CENTER COIMMERCU,L - RH RETAIL COMMERCIAL 10, Goo SO F- RESTAIIP,ANI"(S) 10,000 S0. F-, MARINA RE'.ATED � RE141L 5,000 SO r7 OFF rE 5,Q00 y0. FT -0_A` C._RD � � 30.000 Sp. FT. �dD r \� L i 80 T4 ELY EAST GOA.. BOURSE A fGPICUIFa URN ZDNED (.NURSE`+ ,M110N:i w'Flx'Ers x[�c —_ OL• G:i isn car, n ACF ;JL'liTRl ZONED (..^O VELOPE`) 0 C] =T TMP 489 MZ 2EE a— Ire- of/]Ba aM.aa �: c°laa I�,�I Smis f.wa - - SS PRk WHS-c[6-OOJ YIPA9 Rh NORTH SCALE: T. S°°' ,1 � • HERITAGE BAY COMMONS - TRACT D REPLAT PLAT HOOK fi& PAGE AUBDIVIJION SHEET 3 OF 4 N BEING A REFIAT OF TRACT "D" OF HERI'1 :GCE BAY COMMON, A5 RECORDED IN PLAT HOOK 43, PAGF,, :LG 'fHROUCH `,9. LYING IN FFJ'TION ':3, TOWNSHIP JN SOUTH, RANGE "f. EAST, COLIIEIi (OUR'flt FLORIDA r 11 [ BmAIRE BAY DRIVE— RIVE ---_ - 5-,- BO'6090'E 1]50] T --- - } - L SAGE I ❑ ' C � �.� j, LOT 6 - I iaw. �.n LMOT6 - W ore' —_-1 a i �j or, LOTS I" I __-- 1 N!9'S9LTW B36B1 (TO 6E CORNE,) — tO61.1Y IOAI I /y\ RNDDE$ � RHE$ LAND SURVEYING INC � (_�s) w®e �e,sPixwop (zie)� ioe-e, cT 0 0 0 HERITAGE BAY COMMONS - TRACT D REPLAT A SUBDIVISION BEING A RFPLAT Of' TRVT 'D' OF HERITAGE BAY COMMONS AS RECORDED IN PL_4L, HOOK 43, PAGF-� 40 THROUGH 54 LT'ING IN ECTION 23. TOWNSHIP 46 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA i 1 _ 1 (nun. 1_ - __ BELLAIRE BAY DRIVE ,,,...9t _ _ SHEET 4 OF 4 N INRHODES •R RHODES � l Y \ LAND SURYEY/NC, INC. :elm 90 S c�NGi �L _ (:J9) A--.-ele6 fA 11BJ)S,U UtGRYF 'JUyV(.eli�r,v' Nr). 1.1 e,`eJ 0 0 0 corer county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Mates Petition Type: z-�-- Date and Time: Assigned Planner: 4�4'fM417"F, W("_I5V6 `[" PxJAi- RAr Engineering Manager (for PPL's and FP's): _ Swd`- Project Information Project Name: W=jz W � rif�C©niS i f - 7A tcE , PL#: 222f7020I2�22 Property ID #: krb 4f Current Zoning:4%16 649 "5mep Project Address: cit.: State: Zip: Applicant: • Agent Name: _ Phone: Agent/Firm Address: f.'ty: State: Zip: Property Owner: Please provide the following, if applicable: i. Total Acreage: ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: _ iv. For Amendments, indicate the original petiti(. i number: V. If there is an Ordinance or Resolution associr�_:ed with this project, please indicate the type and number: vi. If the project is within a Plat, provide the nary°e and AR#/PL#: H ��.- corky County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes WI, mll r.'�. lit �`. ►� f ♦' �' 41r L.[ ��Ar. e. k. ..�qvi -I ifs? her 'R k I Itj & she T?fr;�.7 S 11tk L Of= - 0 40 C] Cof er County 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 PL #: 70fz oote6r ) 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 L Summer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net ❑ Steve Baluch, P.E. Transportation Planning 252-2361 StephenBaluch@coiliergov.net 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@coliiergov.net ❑ Craig Brown Environmental Review 252-2548 Craig8rown@colliergov.net ❑ Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net ❑ George Cascio Utility Billing 252-5543 georgecascio@colliergov.net Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidiashton@colliergov.net J Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net ❑ Dale Fey North Naples Fire 597-3222 dalefey@colliergov.net _ ❑ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net Storm Gewirtz Stormwater 252-2434 stormgewirtz@colliergov.net Nancy Gundlach, AICP, PLA Zoning Services 252-2484 nancygundlach@colliergov.net F] Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org _i John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net 11 Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ❑ Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net I i Eric Johnson, AICP,CFM Zoning Services 252-2931 ericjohnson@colliergov.net Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net —171 ❑ Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net ❑ Garrett Louviere Right -of -Way 252-2526 garrettiouviere@colliergov.net ❑ Paulo Martins Utilities 252-4285 paulomartins@colliergov.net ❑ Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colliergov.net [_j Jack McKenna, P.E. Engineering Services 252-2911 jackmckenna@colliergov.net ❑ Matt McLean, P.E. _ Principal Project Manager 252-8279 matthewmclean@colliergov.net J Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net Annis Moxam Addressing 252-5519 annismoxam@colliergov.net Stefanie Nawrocki Planning and Zoning ------252-2313 1 StefanieNawrocki@colliergov.net GOAL County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Jessica Huckeba CAD Technician 252-2315 JessicaHuckeba@colliergov.net Bill Pancake North Naples Fire 597-3222 billpancake@colliergov.net L' 5randi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net !: Fred Reischl, AICP Zoning Services 252-4211 fredreischl@colliergov.net l_, Daniel Roman, PE _ Utility Plan Review 252-2538 danielroman@colliergov.net Brett Rosenblum, P. E. Utility Plan Review 252-2905 brettrosenblum@colliergov.net i_i Edwin Sanchez ❑ Michael Sawyer ' _l Corby Schmidt, AICP Fire Review Transportation Planning Comprehensive Planning 252-7517 252-2926 252-2944 edwinsanchez@colliergov.net michaelsawyer@colliergov.net corbyschmidt@colliergov.net Chris Scott, AICP Planning and Zoning 252-2460 chrisscott@colliergov.net I 1 Peter Shawinsky Architectural Review 252-8523 PeterShawinsky@colliergov.net ❑ Ellen Summers Planning and Zoning 252-1032 EllenSummers@colliergov.net ❑ Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net ❑ Park Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net Mark Templeton Landscape 252-2475 marktempleton@colliergov.net i 7 Jon Walsh Building Review 252-2962 jonathanwalsh@colliergov.net ,—i David Weeks, A►CP Comprehensive Planning 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net C❑ Christine Willoughby Planning and Zoning 252-5748 L ChristineWilloughby@colliergov.net Additional Attendee Contact Information: Name Representing Phone Email N ✓oto G N 14111,11V%-lb/K a Y�u/ CJ G r'G T—Q ✓ 5 01 C C] C] 0 • cof&r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www. coil ierxov.net (239) 252-2400 FAX: (239) 252-6358 Minor Subdivision Plat (FP) Application LDC Section 10.02.04 Chapter 5 of the Administrative Code PROJECT NO (PL) PROJECT NAME For Staff Use DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Agent: Firm: Address: City: State: ZIP: Telephone: Cell: Fax: E -Mail Address: Name of Owner: Address: Telephone• E -Mail Address: City: State• ZIP: Cell• Fax: PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application (if space is inadequate, attach on separate page): Project Name: Address of subject site and general location: Property ID Number: Subdivision: Zoning Designation: 3/2/2016 Acres: Section/Township/Range: / / Unit: Lot: Block: Page 1 of 3 Coffier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coiliergov.net (239) 252-2400 FAX: (239) 252-6358 Submittal Requirement Checklist for: Minor Subdivision Plat (FP) Chapter 5 of the Administrative Code 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 SUBMITTED NOT REQUIRED Completed Application (download current form from County website) 1 ❑ ❑ Cover Letter briefly explaining project 1 ❑ ❑ Signed & Sealed Plat, less than 6 months old 6 El ❑ Signed & Sealed Boundary Survey, less than 6 months old 6 ❑ ❑ Completed Addressing Checklist 1 ❑ ❑ PUD Ordinance and Development Commitment Information 1 ❑ ❑ PUD Monitoring Schedule 1 ❑ ❑ Evidence of Authority/Affidavit of Authorization 1 ❑ ❑ Zoning Data Sheets 1 ❑ ❑ Certificate of Public Facility Adequacy (COA) Application with fee, if applicable 1 ❑ ❑ School Impact Analysis Application, if applicable • School Concurrency: if the proposed project includes a residential component, you are required to contact the School District of Collier County at 239-377-0267 to discuss school concurrency requirements. 1 ❑ ❑ Opinion of Title 1 ❑ ❑ Historical/Archeological Survey 1 ❑ ❑ Traffic Impact Study 1 ❑ ❑ Easement Approval Letters 1 ❑ ❑ CD of all submittal documents in PDF format 1 X ❑ 3/2/2016 Page 2 of 3 • • mar., coi6r 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 REQUIREMETNS Fee Requirements: Subdivision Final Plat: o Residential- $1,000.00 plus $5.00 per acre (or fraction thereof) o Nonresidential- $1,000.00 plus $10.00 per acre (or fraction thereof) C' School Concurrency Fees: [reserved] School Concurrency Review Fee, if required. o Mitigation Fees, if applicable: to be determined by the School District incoordination with the County. All checks l7a),able 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 Naples, FL 34104 3/2/2016 Page 3 of 3 Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures F. Minoj- Final Subdivision Plat (FP) Reference LDC subsection 10,02.04 D. Applicability This procedure applies to a minor final subdivision plat. A minor final subdivision plat generally does not require improvements, a construction maintenance agreement, a security performance bond, or phasing. 1 -re-application A pre -application meeting is required unless waived by the County Manager or designee. Initiation The applicant files a "Minor Subdivision Plat Application" with the Planning & Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. PUD Ordinance and Development Commitment Information, 4. Property information, including: • Legal description; • Property identification number; • Project name; • Section, township and range; • Subdivision, unit, lot and block; and • Total acreage. 5. Current zoning designation of subject property. 6. Cover letter briefly explaining the project. 7. PUD Monitoring Schedule, if applicable. S. Owner/agent affidavit as to the correctness of the application. 9. Signed and sealed Plat, less than 6 months old. 10. Signed and sealed boundary survey, less than 6 months old. 11. Evidence of Authority. 12. Zoning Data Sheet. 13. Certificate of Adequate Public Facilities application, if applicable. 14. School Impact Analysis application, if applicable. Final Subdivision See Chapter S D.1 - "Requirements for Final Subdivision Plat" within the Plat Requirements Construction Plans and Final Subdivision Plat section of the Administrative Code. Submittal Credentials: Minor final plats shall be signed and sealed by a professional surveyor and mapper registered in the State of Florida. 180 hale • • Collier County Land Development Code ( Administrative Procedures Monuol • Chapter 5 / Subdivision Procedures Sheet size: The final subdivision plat shall be submitted on standard size 24 -inch by 36 -inch sheets, drawn to scale. Completcnx•ss Nnd The Engineering Services Department will review the application for completeness. Pr ocessiaE; of After submission of the completed application packet accompanied with the Applic:aYron required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Ncit ice No notice is required. Public Hearing The BCC shall hold 1 public hearing. Decision makor The County Manager or designee. Review Process The Engineering Services Department will review the application, identify whether additional materials are needed and review the application for compliance with and shall approve, approve with conditions, or deny the minor final subdivision plat. Once submitted for review, the minor final subdivision plat application will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application for review will be considered withdrawn and cancelled. Further review of the project will • require a new application together with appropriate fees. The County Manager or designee will provide a recommendation to the Board of County Commissioners to approve, approve with conditions, or deny the minor final subdivision plat. Digital Submittal After the minor final subdivision plat has been approved by the County Manager or Requirements designee for compliance the applicant shall submit the following: 1. The applicant's professional Engineer shall submit a digitally created construction/site plan documents; and 2. 1 CDROM of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in an AutoCad (DWG) or Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right- of-way—ROW, centerlines—CL, edge-of-pavement—EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels—All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions— Lottxt layer. All construction permits required from local, state and federal 1811Page Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures • agencies must be submitted to the County Manager or designee prior to commencing development within any phase of a project requiring such permits. Re( rn ing Prcces,, The minor final subdivision plat shall be recorded pursuant to LDC section 10.02,04 F g5ee Chapter 5 G. of the Administrative Code Updated • 1821 Page 0 6-5 TABLE 3 DEVELOPMENT STANDARDS FOR ACTIVITY CENTER AND GOVERNMENT FACILITY SITE 'excluding drive-through facilities " For the purpose of Table 3, the term "Multi -Family Building" includes Assisted Living Facilities 7!3 012003. 110347 ver. 156 UWEHR C.. N0442405-003. PPHS- 26902 PRINCIPAL USES ACCESSORY USES Minimum Lot or Parcel Area 10,000 sq ft n/a Minimum Lot Width 75 ft n/a Minimum Building Setbacks Immokalee Road 35 ft or BH whichever greater 20 ft Future Extension of Collier Boulevard (County Road 951) 35 ft or BH whichever greater 20 ft Internal Frontage Drives 15 ft 20 ft 0 ft to bulkhead or riprap at top of bank provided architectural Waterfront bank treatment is incorporated into the design and subject to 0 ft written approval from Collier Count Non -Right -of -Way Perimeter Project Boundary - buildings up to 50 ft in 30 ft 20 ft height Preserves 25 ft. 10 ft. Non -Right -of -Way Perimeter Project 35 ft or the Building Boundary - buildings over 5011 in 50 ft Heights whichever is height reater Minimum Distance Between Commercial Structures which are part of an architecturally 10 ft. loft, unified group Between All Other Commercial Structures 20 ft loft Between All Multi -Family Buildings" 'Y= the Sum of the Building 0 ft Heights Maximum Height Retail Buildings 50 ft 35 ft Office Buildings 65 ft 35 ft Multi -Family Buildings— 65 ft 35 ft Communications facilities n/a 65 ft 'excluding drive-through facilities " For the purpose of Table 3, the term "Multi -Family Building" includes Assisted Living Facilities 7!3 012003. 110347 ver. 156 UWEHR C.. N0442405-003. PPHS- 26902 • C,ofber County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 titSU05;AI'4TIA'L-Ci-tlAlaGE TOA PUD (PDI) C.r substctiun 10.01 13 E & Code of Laws section 2. -F3 - 2.90 Ch. = G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Nearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFOR:MA110N Name of Applicant(s): 2017 Goodland Naples LLC Address. 2655 N OCEAN DR STE 401 City: Singer Island State: FL Zlp; 33404 Telephone: 561.210.9105 Cell; n/a Fax: n/a E -Mail Address: Pferber@ferbercompany.com Name of Agent: Daniel Moyer, P.E. Folio #:49660084485 & 49660084508 Section: 23 Twp: 48 Range: 26 Firm: CPH, Inc. Address: 3277A Fruitville Rd., Ste 2 City: Sarasota state: FL zIP: 34237 Telephone: 941-365-4771 Cell; n/a E -Mail Address: dmoyer@cpheorp.com Fax: n/a 02/24/2017 Page 1 of 5 C Il ier County 0 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 FAX: (239) 252-6358 DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? [a Yes ❑ No 1. If applicant is a land trust, so indicate and name the beneficiaries below. ❑ 2. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. Q 3. if applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ❑ 4. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ 5. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. El6. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) • name and address below: (if space is inadequate, attach on separate page) 2017 GOODLAND NAPLES LLC - SHIELDS FERBER JR. & PAUL S FERBER SR. 2655 N OCEAN DR STE 401 SINGER ISLAND, FL 33404 DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. PROPERLY INFORMATION' PUD NAME: Heritage Bay ORDINANCE NUMBER: 03-40 FOLIO NUMBER(S): 49660084485 & 49660084508 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? ❑✓ Yes No 02/24/2017 Page 2 of 5 0 • collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net If no, please explain: n/a 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Has a public hearing been held on this property within the last year? if yes, in whose name? n/a Has any portion of the PUD been a SOLD and/or ® DEVELOPED? 11 Yes E] No Are any changes proposed for the area sold and/or developed? ElYes ❑ No If yes, please describe on an attached separate sheet. The property was sold from Cameron Partners II LLC to 2017 Goodland Naples LLC on September 26, 2017. 02/24/2017 Page 3 of 5 Codier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 i';e-APP1`C,? ;L�;I i\P'C-c-,i i Cris: Fiiia> S?brnit a! Re,q iiren,Pnt Chr:l.iist ser: �'l:(1 itisuctar±t;iI Chanfe Ciiapter 3 G.3 of the Admjnis':ative Lode The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUOIRENIENTS FOR REVIEW OF C S REQUIRED NOT REQUIRED Completed Application (download current form from County website) 16 IN Pre -Application Meeting notes 1 19 1 Project Narrative, including a detailed description of proposed changes 16 ® and why amendment is necessary ❑ Detail of request )( Current Master Plan & 1 Reduced Copy Revised Master Plan & 1 Reduced Copy 0 1X Revised Text and any exhibits PUD document with changes crossed through & underlined X PUD document as revised with amended Title Page with Ordinance # X Warranty Deed P Legal Description ; I I Boundary survey, if boundary of original PUD is amended If PUD is platted, include plat book pages List identifying Owner & all parties of corporation 2 MV Affidavit of Authorization si ned & notarized 2 Completed Addressing Checklist 1 Copy of 8 % in. x 11 in. graphic location map of site 1 Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials p ® to be submitted electronically in PDF format. ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 02/24/2017 Page 4 of 5 r� U • • • Cod der County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coll g&_ v.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (2 39) 2 52- 2400 FAX: (2 39) 252.6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart Sayshore/Gateway Triangle Redevelopment: Executive Director Utilities Engineering: Eric Fey Lj Parks and Recreation: Vicky Ahmad Emergency Management: Dan Summers =Naples Airport Authority: Ted Soliday Conservancy of SWFL: Nichole Ryan Other: City of Naples: Robin Singer, Planning Director El I Other: FEE REQUIREMENT5 ® PUD Amendment Insubstantial (PDI): $1,5OD.00 ® Pre -Application Meeting: $500.00 ® Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 Fire Code Plans Review Fees ore collected at the time of application submission and those fees ore ser forth by the Authority hoeing jurisdiction. The Lard Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Date ArgNrG C ./? ayEV\_ Applicant/Owner Name (please print) 02)24/2017 Page 5 of 5 • November 20, 2017 Collier County Growth Development Department 2800 North Horseshoe Dr. 3=A Fruitville Rd, suite 2 Naples, FL 34104 Sarasota, Florida 34237 Phone: 941-3634771 wv zv.rphcorp.rnm Subject: PUD Insubstantial Change PL20170001859 Goodiand Dear Fred Reischl: Pursuant to your review of the above -referenced project, the following are the responses to your comments issued on November 14, 2017, Rejected Review: Landscape Review Reviewed By: Mark Templeton Rejected Review: Zoning Review Reviewed By: Fred Reischl Correction Comment: In determining how to clarify the requested Deviation as part of the PDl process preparing for hearing, we are requesting you modify the one -sheet PUD modification to read, "From Section 4.06.02 .... for lots 2 and 3." Strike out subdividing text tin attached document with staff markup). Additionally, you will need to add the trellis, square footage etc. to the PUD Document so that it is part of the official record. We will open this application back up for submittal so that you can re -submit the updated PUD Document, and also send an Exhibit showing a mockup of the trellis with vines (with or without a building) in order for the Hearing Examiner to be able to determine what the appearance of the trellis. Additionally, you need to submit an Exhibit, as you [lid in email, showing the site's building elevation, which you have also submitted with your SDP. See attached documents which we would like you to include as "new" exhibits and also please update the PUD Document and the change sheet from the PUD to reflect the same language. Response: based on our follow up conversations as well as a discussion with Mark Strain, the proposed text language was modified to address the concerns. If you have any questions, or if you require additional information, please contact us at (941) 365 -4771 - Sincerely, CPH, Inc. 0 ❑an Moyer, P.E. Vice President • • L' • SECTION 1 LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.12 A- From Section 4.06.02.C.7a which allows abuttina platted parcels to submit a ioint project plan to remove one side or rear landscape buffer along a shared property line as Iona as the joint proiect plan is submitted either as a single SDP or SIP consisting of both parcels or separate SDPs or SIPs for each parcel submitted concurrently, to instead allow the owner of Lots 2 and 3. Heritage Bay Commons Tract D Replat to eliminate the required internal landscape buffers for lots 2 and 3. or any internal buffer, subject to the following conditions: 1. Per section 4.06.02.C.7.c. there shall be no net loss of landscape material or area of the buffer as a result of the eliminated buffer on the shared property line. 2. Per section 4.06.02.C.7.c. the eliminated buffer area shall be provided elsewhere on Lots 2 and 3 in areas not used to meet other landscape reauirements 3. Relocated buffer plantings and area shall be labeled as such and delineated on • the landscape plan at time of SDP. 4. In the event that there is not adequate pervious area to satisfy number 2 above, a planted trellis may be provided to make up for the deficient area. The trellis shall be a minimum of 1/3 the structure height and have a length of no less than 5 feet. The trellis shall not be used to satisfy Fagade Standards. The trellis shall be shown on the architecture elevations at time of SDP. 0 Corer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net 2800 {NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov,net or fax to the Operations Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing ersonnel prior to pre -application meeting, lease allow 3 days for processin . Not all items will apply to every project. items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) 0 SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SD PA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SI Pi (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project dame Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Pians & Plat Review) ❑ VA (Variance) ❑ PSP (Prel im ina ry Subd ivis ion Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ® OTHER Minor Subdivision Plat FP & Insubstantial Change to PUD {PDI] LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Heritage Bay Commons Tract ❑ Replat Lot 3; Heritage Bay Commons Tract D Replat Lot 2 FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 49660084485 and 49650084508 523 T48 R26 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) n/a • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) nla PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existingprojectslsites only) 41 SDP_ or AR or PL # cover C01414ty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) n/a Please Return Approved Checklist By: fR Email ❑ Fax ❑ Personally picked up Applicant Name: Nikki Fuentes Phone: 941-365-4771 Email/Fax:hfuentes@cphcorp.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY Folio Number 49660084508 Folia Number 49660084485 Folio Number Folio Number Folio Number Fonio Number Approved by: Date: 3/ 2 3 � 2 D 17 Updated by: Date: Is IF OLDER THAN 6 MONTHS, FORM MUST BE • UPDATED OR NEW FORM SUBMITTED 3/21/2017 Print Map i Ask at _ s aL Crw. CfR r •-•.— jt ri ^ x�'- >` rr.t_�ir } -. •, SE.—g,y ads �` is • . ' ~ - � .eras • ��ar �'• '.].Z - f� � ��- ' fir' "s `�•.'1. . Colllar Cnmty Property Appraiser While she Collier County Property Appraiser is corn mraea to providNg the most accurate and up -to -dace informatron. no warranties expressed a implied are provided for the data herein ns use, or rls wtlerpretatioh. http:ilmaps.Oo[fieraWaiser-=n/webtnap/mapprint.aspx?title=&Orient=LANDSCAPE&paper=LE TER&minX=431251-459485999&minY=705173.193092974&m-,- 1i1 k' MAP LEGEND Major Roads Street raames u parols AeOal9 2017 {6 Inch Ur Oanj Aerials 201612 fief} Collier Countr . Colllar Cnmty Property Appraiser While she Collier County Property Appraiser is corn mraea to providNg the most accurate and up -to -dace informatron. no warranties expressed a implied are provided for the data herein ns use, or rls wtlerpretatioh. http:ilmaps.Oo[fieraWaiser-=n/webtnap/mapprint.aspx?title=&Orient=LANDSCAPE&paper=LE TER&minX=431251-459485999&minY=705173.193092974&m-,- 1i1 312IM17 Print Map ■ r 7rw kAw RD w :.:,n. •,y:..[ •r✓.:6a.'.y C: :'aa+ 1IaO{'L rL�� ""74.I�� Qi �3i' �'gerc�B;.TZ•_ 2004. Cdlw Caxdy Pmnperty Appraiser. WhAe the Colher County Property Appraiser is comrnlrted to providing the most accurate ano up•toaate Information. no wananlres expressed or implied we "Wed for the data hercwn. its use. or its Interpretation • httOlmaps-cd IierappraiSer. camlwe�rnap`mapprint.aspx?,bUe=&orient= LAN DSCAPE&paper= LETT ER&minX=431282.576373756&mint=705243.674692951&m.,, 111 MAP LEGEND Mayor Roads, 51,ett Nantes j-� L.� Parcria Aerlais 2017 {6 Inch Wban! 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WhAe the Colher County Property Appraiser is comrnlrted to providing the most accurate ano up•toaate Information. no wananlres expressed or implied we "Wed for the data hercwn. its use. or its Interpretation • httOlmaps-cd IierappraiSer. camlwe�rnap`mapprint.aspx?,bUe=&orient= LAN DSCAPE&paper= LETT ER&minX=431282.576373756&mint=705243.674692951&m.,, 111 11/20/2017 • • Detail by Entity Name DIvisi 1; 0_f .5M-44Nr9 CORPOR.ATIONs an official Starr- of rlorida uripsire Department of State 1 QivrsiDn of CorporaIions 1 Search RRG4rd5 1 deSarf By Uocurnent Number 1 http:/'search.sunbiz.orgltnquiryfCorporation Sea rchlSearchResultOetaiI?inquirytype= EntityName&directionType=1 nitiaAsearchNameOrder=2017G0OD... 112 11/2012017 Detail by Entity Name Florida Limited Liability Company 2017 GOODLAND NAPLES LLC Filing jnforMatmon Document Number L17000038707 FEVEIN Number NONE Date Filed 02/17J2017 State FL Status ACTIVE PrinciRil Address 14255 U.S. HIGHWAY ONE SUITE 2165 JUNO BEACH, FL 33408 Mailing Address 14255 U.S. HIGHWAY ONE SUITE 2165 JUNO BEACH, FL 33408 Registered Agent Name 8 Address FERBER, SHIELDS, JR. 14255 U.S. HIGHWAY ONE SUITE 2165 JUNO BEACH, FL 33408 Authorized Person{/ Detail Name & Address Title MGR FERBER, PAUL S, SR. 151 SAWGRASS CORNERS DRIVE, SUITE 202 PONTE VEDRA BEACH, FL 32082 Title MGR FERBER, SHIELDS, JR. 14255 U.S. HIGHWAY ONE, SUITE 2165 JUNO BEACH, FL 33408 Annual Reports No Annual Reports Filed Document Images 01712017 -• FlolldaL mited_Liability View image in PDF format Detail by Entity blame • • 11111110 1110 http:i lsearc h.su n b iz.orgl l nq u i rylOorpo ra tion 5earc h/Search ResultDetai l7i nqu irytype= Entity N ame &d irection Typ e =Initial & sea rchN am a Ord e r=2 017 G O OD ... 212 • .dune 2, 2017 Collier County Government Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 239.252.2400 RE: Goodland — Heritage Bay Commons Replat Tract D PL #: 20170001859 Property I D #: 49660084485 & 4 96 60 08450 8 Project Narrative Insubstantial Change to Planned Unit Development Introduction: 3277A. Fruitville Road suite 2 Sarasota, Florida 347.37 Phone: 941.365.4771 r�ww-_cphrnrp,ill III This application is for an Insubstantial Change to the Heritage Bay Planned Unit Development (PUD) for lots 2 and 3, located near the northwest comer of Immokalee Road and Bellaire Bay Drive in Naples, Florida. The request is to make text changes in the PUD under the Commercial Development Regulations sections for Lots 2 and 3. The proposed change is described below. Adiacent_Uses: Lots 2 and 3 are located in the Heritage Bay PUD which includes both residential and commercial uses. Specifically, lots 2 and 3, of the Heritage Bay Commons Commercial Subdivision within the Activity Center area in the southwest comer of the overall PUD. To the north of the property is a platted private right of way, Sage Avenue, with a planned Goodwill development. To the east of the property is a gas station currently under construction. To the west is a planned office park and to the south is the Immokalee Road drainage canal right of way, south of the canal is the Immokalee Road right of way with Bent Creek Preserve RPUD across the street. Existing Heritage Bay PUD: The Heritage Bay PUD consists of residential, commercial, recreational, and preserve areas. The project is located within the Activity Center portion of the PUD which currently consists of a combination of built and vacant commercial and multifamily developments. 0 • Proposed PUD Changes_ As required by Chapter 3.G of the Collier County Administrative Code a detailed description of the proposed changes along with a justification for each is provided below. Please note that these changes are limited to Lots 2 and 3. Deviation Request -1 - Section 4.06.02.C.7.a [Buffer Requirements] Collier County LDC Section 4.06.02.C.7.a, states that Abutting platted parcels may submit a joint project plan to remove one side or rear landscape buffer along a shared property fine in order to share parking or other infrastructure facilities, provided that the projects be submitted as either a single SDP or SIP consisting of both parcels, or separate SDPs or SIPS for each parcel that are submitted concurrently. Justification 1: The Ferber Company, Inc. is working to develop Lots 2 and 3 of the Heritage Bay Commons, part of Tract D Replat. The two existing lots are proposed to be subdivided to create three lots. The adjacent development to the east, Lot 4, is currently under construction to construct a RaceTrac gas station. During the permitting of the RaceTrac, they obtained a PD( (CCPC Resolution No 16-01) to obtain a number of deviations, including removing the interior 7.5 foot buffer between Lots 3 and 4 and placing a larger, 10 foot landscape buffer, on Lot 3. In addition, an access drive was constructed that was centered on the common lot line between Lots 3 and 4, resulting in approximately 12 feet of pavement on Lot 3. The resulting roadway and increased buffer on Lot 3 has created a hardship for the development of the parcels. The three proposed users do not have enough width to provide the required 7.5 foot interior buffers between the users. If Lot 3 did not have the increased buffer and 12 feet of pavement, the proposed layout would be able to provide the majority of the required 7.5 foot buffers on each outparcel. The req u#red 10 foot buffer on the east side of Lot 3 will be constructed as required, along with the required 7.5 foot buffer on the west side of Lot 2. All front and rear buffers will be provided as required. The project is eligible to remove the internal buffers as a joint project based on Section 4.06.02.C.7.a, however the three developments are not able to be submitted concurrently, as such, we are requesting a PDI to remove the internal buffers which will allow each of the three users to submit separate SDPs. Neicihborhood Meeting Re uirement for Deviation Request 'I We respectfully request that the requirement for a Neighborhood Meeting be waived for this request, due to the minor nature of the change. If the project was able to have all users submit concurrently, the removal of the buffers would be able to be handled administratively. INSTR 5452416 OR 5435 PG 89 RECORDED 9/27/2017 2:44 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $24,072.30 REC $18.50 CONS $3,438,844.20 • Purchase Price/Transfer Dollar Amount: $3,438,844.20 Documentary Stamp Tax Amount: $24,072.30 Property Identification Number(s): 49660084485 and 49660084508 Prepared without opinion of title by: Paul K. Heuerman, Esquire Roetzel & Andress, L.P.A. 850 Park Shore Drive, Third Floor Naples, FL 34103 Phone No. (239) 649-6200 Fax No. (239) 261-3659 File Number: 111708.0026 abb`oe FiJ ording SPi A WARRANT 4D THIS SPECIAL W P0?56 Vis` day of September, 2017, by • CAMERON PARTNERS 1I, C4i . on ' I e o s po# office address is 11586 Quail Village Way, Naples, Florida I�,7 s�;�, a e C fort% to 2017 GOODLAND NAPLES LLC, a Florida limit Oi4bii"ity company, ws o�r " dress is 2655 N. Ocean Drive, Suite 401, Singer Island, FL 33 ereinafter called ther etl < (Wherever used herein the t rantor" and "G e;,,I nclude all the parties to this instrument and the heirs, legalr i erllt;tives.nr f , f individuals, and the successors WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars and other valuable considerations, receipt and sufficiency whereof are hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, viz: Lots 2 and 3, HERITAGE BAY COMMONS - TRACT D REPLAT, according to the plat thereof as recorded in Plat Book 58, Pages 2 through 5, of the Public Records of Collier County, Florida (the "Property"). Subject to taxes for 2017 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. *** OR 5435 PG 90 *** 4. The Development Rights assigned hereunder shall run with the land of the Property. 5. This Assignment shall constitute a direction to and full authority to any governmental or private entity to act at 2017 Goodland's written direction as to said Development Rights. Cameron hereby acknowledges and agrees that all such parties are hereby irrevocably authorized and directed to rely upon and comply with any written request, notice or demand made by 2017 Goodland with respect to such assigned Development Rights. IN WITNESS WHEREOF, Cameron and 2017 Goodland have respectively executed this Assignment of Development Rights by their duly authorized officers. WITNESSES: CAMERON P RS ,LLC a Florida limi iabili compa Printema—Be�ArahS.9a: ti `' -r-� STATE OF FLORIDA ) �--' =i --' j �r COUNTY OF COLLIER ) `r�a The foregoing instrument waslaioi Ie this 3 - day of August, 2017, by Thomas C. Carollo, as Manager of C RS H, LLC, a Florida limited liability company, who ( wis personally known to me, or C_) has produced as identification. r (SEAL) I Z Notary Public Printed Name: Deborah S. Dayir- .'raSlu My Commission Expires: ;r DEBORAH S. DAVIS-GONZALEZ Commission # FF 049964 a= Expires October 16, 2017 %F„pr Bonded Th. troy Fin Meenwme 800-7857019 2 • •