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Backup Documents 03/13/2018 Item #17A
PL20170001083 3/13/18 15501 Old US 41 CPUD COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Ad: The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Originating Dept/Div: GMD/Zoning Person:Timothy Finn Principal Planner Date:February 14,2018 Petition No.(If none,give a brief description): PL20170001083 Petitioner:(Name&Address)' Waldrop Engineering 28100 Bonita Grande Dr.#305 Bonita Springs,FL 34135 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed.attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date:Collier County Board of County Commissioners(BCC)at 9:00 A.M.,March 13th,2018. (Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account#068779 Other Legally Required Purchase Order No.4500182060 Proposed text'(include legal description&common locations&size' Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By: Date: Division Administrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note:if legal documents is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFFI E j� Date Received Date of Public Hearing 3 t� I g Date Advertised (a--t 174 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on March 13,2018. in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples FL.,the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED. THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW FOR DEVELOPMENT OF UP TO 40.000 SQUARE FEET OF COMMERCIAL DEVELOPMENT FOR A PROJECT TO BE KNOWN AS 15501 OLD US 41 CPUD: AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF OLD US 41, APPROXIMATELY ONE MILE NORTI-I OF THE US 41 AND OLD US 41 INTERSECTION. IN SECTION 10. TOWNSHIP 48 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [PL20170001083] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman.a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding.you are entitled, at no cost to you. to the provision of certain assistance. Please contact the Collier County Facilities Management Division.located at 3335 Tamiami Trail East.Suite 101.Naples.FL 34112-5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA CHAIRMAN DWIGHT E. BROCK,CLERK By: /sfPatricia Morgan Deputy Clerk(SEAL) 17A ORDINANCE NO.2018- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW FOR DEVELOPMENT OF UP TO 40,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT FOR A PROJECT TO BE KNOWN AS 15501 OLD US 41 CPUD; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF OLD US 41, APPROXIMATELY ONE MILE NORTH OF THE US 41 AND OLD US 41 INTERSECTION, IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [PL20170001083] WHEREAS, Ultimate Developments, LLC and DCG&B, LLC, represented by Alexis Crespo,AICP of Waldrop Engineering,petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: The zoning classification of the herein described real property located in Section 10, Township 48 South, Range 25 East, Collier County, Florida, is changed from a Rural Agricultural (A) Zoning District to a Commercial Use Planned Unit Development (CPUD) Zoning District to allow for development of up to 40,000 square feet of commercial development to be known as 15501 Old US 41 CPUD, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. [17-CPS-01688/1392924/1]97 15501 Old US 41/PL20170001083 2/2/18 Page 1 of 2 17A PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this day of ,2018. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk ANDY SOLIS,Chairman Approved as to form and legality: 5 Heidi Ashton-Cicko Managing Assistant County Attorney Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: Requested Deviations from LDC Exhibit F: Developer Commitments [17-CPS-01688/1392924/1]97 15501 Old US 41/PL20170001083 2/2/18 Page 2 of 2 1 7 A EXHIBIT A LIST OF PERMITTED USES 15501 OLD US 41 CPUD Development of the 15501 Old US 41 Commercial Planned Unit Development (CPUD) shall be in accordance with the contents of this Ordinance and applicable sections of the Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district shall apply. COMMERCIAL PERMITTED USES (PARCELS A AND B): No building or structure, or part thereof, up to an aggregate 40,000 square feet of gross floor area, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Princiaal Uses and Structures: 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Animal specialty services, except veterinary (0752, excluding outside kenneling). 5. Apparel and accessory stores (5611-5699) with 5,000 square feet or less of gross floor area in the principal structure. 6. Architectural services (8712). 7. Auditing (8721). 8. Auto and home supply stores (5531) with 5,000 square feet or less of gross floor area in the principal structure [No onsite mechanics or performance of auto services] 9. Banks, credit unions and trusts (6011-6099). 10. Barber shops (7241, except for barber schools). 11. Beauty shops (7231, except for beauty schools). 12. Bookkeeping services (8721). 13. Business associations (8611). 14. Business consulting services (8748). 15. Business credit institutions (6153-6159). 16. Business services — miscellaneous (7389, except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories- telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol 15501 Old US 41 Road CPUD Last Revised:February 1,2018 Page 1 of 12 17A of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 17. Catalog and Mail Order Houses (Retail Miscellaneous, Group 5961) - limited to 7,500 square feet and limited to Parcel B (no on-site sales). 18. Civic, social and fraternal associations (8641). 19. Commercial art and graphic design (7336). 20. Commercial photography (7335). 21. Computer and computer software stores (5734) with 5,000 square feet or less of gross floor area in the principal structure. 22. Computer programming, data processing and other services (7371-7379). 23. Credit reporting services (7323). 24. Direct mail advertising services (7331). 25. Drug stores (5912). 26. Eating places (5812 only) with 6,000 square feet or less in gross floor area in the principal structure. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of section LDC 5.05.01. Subject to Condition 4.A. AND B. 27. Engineering services (8711). 28. Essential services, subject to LDC section 2.01.03. 29. Federal and federally-sponsored credit agencies (6111). 30. Food stores (groups 5411-5499) with 5,000 square feet or less of gross floor area in the principal structure. 31. Funeral services (7261, except crematories). 32. Garment pressing, and agents for laundries and drycleaners (7212). 33. General merchandise stores (5331-5399) with 5,000 square feet or less of gross floor area in the principal structure. 34. Glass stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 35. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 429 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651; all subject to LDC section 5.05.04. 36. Hardware stores (5251) with 1,800 square feet or less of gross floor area in the principal structure. 37. Health services, offices and clinics (8011-8049) excluding 8093 - outpatient rehab. 38. Home furniture and furnishings stores (5712-5719) with 5,000 square feet or less of gross floor area in the principal structure. 39. Home health care services (8082). 40. Household appliance stores (5722) with 5,000 square feet or less of gross floor area in the principal structure. 15501 Old US 41 Road CPUD Last Revised:February 1,2018 Page 2 of 12 17A 41. Insurance carriers, agents and brokers (6311-6399, 6411). 42. Labor unions (8631). 43. Landscape architects, consulting and planning (0781). 44. Laundries and drycleaning, coin operated-self-service (7215). 45. Legal services (81 1 1). 46. Libraries (8231). 47. Loan brokers (6163). 48. Management services (8741 and 8742). 49. Membership organizations, miscellaneous (8699). 50. Mortgage bankers and loan correspondents (6162). 51. Museums and art galleries (8412). 52. Musical instrument stores (5736) with 5,000 square feet or less of gross floor area in the principal structure. 53. Paint stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 54. Personal credit institutions (6141). 55. Personal services, miscellaneous (7299 - babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only) with 5,000 square feet or less of gross floor area in the principal structure. 56. Personnel supply services (7361 and 7363) except for labor pools and employee leasing 57. Photocopying and duplicating services (7334). 58. Photofinishing laboratories (7384). 59. Photographic studios, portrait (7221). 60. Physical fitness facilities (7991; 7911, except discotheques). 61. Political organizations (8651). 62. Professional membership organizations (8621). 63. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 64. Public relations services (8743). 65. Radio, television and consumer electronics stores (5731) with 5,000 square feet or less of gross floor area in the principal structure. 66. Radio, television and publishers advertising representatives (7313). 67. Real Estate (6531-6552). 68. Repair services - miscellaneous (7629-7631, 7699 - bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 69. Retail nurseries, lawn and garden supply stores (5261) with 5,000 square feet or less of gross floor area in the principal structure. 70. Retail services - miscellaneous (5921-5963 except pawnshops and building materials, 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths) with 5,000 square feet or less of gross floor area in the principal structure. 71. Secretarial and court reporting services (7338). 15501 Old US 41 Road CPUD Last Revised:February 1,2018 Page 3 of 12 17A 72. Security and commodity brokers, dealer, exchanges and services (6211-6289). 73. Shoe repair shops and shoeshine parlors (7251). 74. Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 75. Surveying services (8713). 76. Tax return preparation services (7291). 77. Travel agencies (4724, no other transportation services). 78. United State Postal Service (4311, except major distribution center). 79. Veterinary services (0742, excluding outdoor kenneling). 80. Videotape rental (7841) with 5,000 square feet or less of gross floor area in the principal structure. 81. Wallpaper stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the LDC. B. Accessory Uses: Accessory uses customarily associated with Permitted Principal Uses including but not limited to: 1. Customary accessory uses and structures 2. Caretaker's residence, subject to LDC Section 5.03.05, limited to one (1) dwelling unit 3. Essential services, including interim and permanent utility and maintenance facilities 4. Water management facilities Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, or Hearing Examiner, pursuant to the process outlined in the LDC. C. Prohibited Uses The following uses are prohibited within the CPUD: 1. Tattoo/piercing parlors (7299) 2. Sexually oriented businesses as defined in Ordinance No. 91-83, as it may be amended from time to time. 3. Pawn shops (5932) 4. Automobile Parking, automobile parking garages and parking structures (7521) 5. Automotive services (7549) 6. Child day care services (8351) 15501 Old US 41 Road CPUD Last Revised:February 1,2018 Page 4 of 12 1 7 A 7. Churches 8. Drycleaning plants (7216) 9. Educational plants and public schools subject to LDC section 5.05.14 10.Gasoline service stations (5541) 11.Laundries, family and commercial (7211) 12.Marinas (4493) 13. Record and prerecorded tape stores (5735) 14. Religious organizations (8661) PRESERVE PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or uses, or land used, in whole or in part, for other than the following: A. Principal Use: 1. Preserve B. Accessory Uses: 1. Uses subject to LDC section Allowable Uses within County required preserves 15501 Old US 41 Road CPUD Last Revised:February 1,2018 Page 5 of 12 1 7 A EXHIBIT B DEVELOPMENT STANDARDS 15501 OLD US 41 CPUD Development of the 15501 Old US 41 Road CPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district shall apply. Table I below sets forth the development standards for land uses within the 15501 Old US 41 Road CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the Site Development Plan (SDP). TABLE I COMMERCIAL DEVELOPMENT STANDARDS(1) PERMITTED USES AND PRINCIPAL USES ACCESSORY USES STANDARDS Min. Lot Area 10,000 SF N/A Min. Lot Width 75' N/A Min. Lot Depth 100' N/A PUD BOUNDARY SETBACKS (EXTERNAL) Old U.S. 41 25' SPS North Boundary 25' SPS South Boundary 20' SPS SETBACKS (INTERNAL) Front/Internal 10' 10' Drives(2) Side 10' SPS Rear 10' SPS FPL Easement 0' SPS Canal 20' SPS Preserve 25' SPS Min. Distance Between Principal 1/2 Building Height 10' Structures MAXIMUM HEIGHT Actual 45' 45' Zoned 35' 35' SPS = Same as Principal Structure (1 ) All distances are in feet unless otherwise noted. (2) Front setback is measured from back of curb for private roads and accessways only. 15501 Old US 41 Road CPUD Lost Revised: February 1,2018 Page 6 of 12 1 7 A ______ B:1Projects1668-01 15501 Old US 41\Drawings-Exhibits1669-01-01 CPUD Master Plan\Current Plans\669010102.dwg FUTURE LAND USE:URBAN RESIDENTIAL SUBDISTRICT ZONING:PUD(STERLING OAKS) EXISTING LAND USE:PRESERVE NO BUFFER REQUIRED zmm z D m O O C W \k\\\.r) C zoz 71 a imm Poc rn�c ���/ �'"�� D 5zC D z c O I EXISTING FPj. EMEN t: z m z11 Ci O B• UFFCOLL►ERaIJt�JTY G1.. D O '`," DRAINAGE CANAL ss, ,, v c z �vZvv�m SDCp - cW0 (/)03 "' Cmv v D I 73 Mr C ! ` 00 Dm rnp i 17 co p0 moo D y (n �Z XW- p xi nt " es a co C r C -c z n s w 1 a O pp 0 T —I x,a I C7 ,• +> P4 �u � 1N ;.',.:',547.1..6h .rnyty��fiz, .Z7 r4 0 CP XI 11. W ,,,� C 03 C 73 q t" t ` ¢ µ eq k4 / M 73 r 71 m >-0 D 41'a; °� 3'`a 3 §:red j,'_a ��w t5;`,4 m 1 D >' C)) Z m O r JJ 07 i 1Z.1 m�m n00 �3 \\ 1Z Zo m n \ D 0 r \\ O D O4Q mpg C mco -0 vi t ''\ 144 X 2*0N2,...T1 aD —0 vcXcC .-- ZImm a a z 2 —iiZ -1N � "c m oA A00_x3 O0xiCo Z O1D1- * � z3 o 1- z 1 z m ~ v mz vv co -o0mco I—o r7C Cm >p0c vi Sy �m T �Z �Z�ro S F —I m 5 O- pD p 001. :a 1v0 S -< I,m ! PLAN REVISIONS 0 08/04/17 REVISED PER COUNTY COMMENTS 15501 OLD US 41 ROAD CPUD WALDROP Ie i® 10/27/17 REVISED PER COUNTY COMMENTS ENGINEERING CLIENT FRANK NORBERTO&DGC&B,LLC � © 02/01/18 REVISED PER COUNTY COMMENTS CPUD MASTER PLAN '1 .' . 0.041.1•"�TM rwtarr+-=_ e..rnarwr.r 0tMNb I s, 17A B,\Projects\669-01 15501 Old US 41\Drawings-Exhibits1669-01-01 CPUD Master Plan\Current Plans\669010102.dwg GENERAL NOTES REQUIRED PRESERVE 1. COMMERCIAL INTENSITY MAY NOT EXCEED 40,000 SF. TOTAL REQUIRED 0.117 AC (1.17±AC NATIVE VEGETATION X 10%) 2. 0.117±ACRES OF REQUIRED PRESERVE TO BE PROVIDED ON-SITE TOTAL PROVIDED 1.17 AC WITHIN OPEN PRESERVE AREAS.THE MINIMUM PRESERVE (1.17±AC NATIVE VEGETATION X 10%) REQUIREMENT OF 0.117 ACRES IS BEING MET AND 1.17 ACRES IS BEING PROVIDED ON-SITE WITHIN PRESERVE AREAS. I LAND USE SUMMARY ` PARCEL"A" PARCEL"B" TOTAL PRESERVE 0.79 AC 0.38 AC 1.17 AC FPL EASEMENT 0.55 AC 0.18 AC 0.73 AC WATER MANAGEMENT 0.24 AC 0.05 AC 0.29 AC COMMERCIAL 2.12 AC 0.54 AC 2.66 AC TOTAL 3.70 AC 1.15 AC 4.85 AC .. r OPEN SPACE SUMMARY TOTAL REQUIRED(4.85 x 30%) 1.45 AC TOTAL PROVIDED 2.55 AC • WATER MANAGEMENT 0.29 AC BUFFERS AND OTHER OPEN SPACE/PRESERVE 2.26 AC VEI { PLAN REVISIONS WALDROP 1 Q 08/04/17 REVISED PER COUNTY COMMENTS 15 501 OLD US 41 ROAD CPUD 1 ENGINEERING ® 10/27/17 REVISED PER COUNTY COMMENTS CLIENT:FRANK NORBERTO&DGC&B,LLC / J 11 02/01/18 REVISED PER COUNTY COMMENTS CRUD MASTER PLAN NOTES """ ""'••"` 1 7 A EXHIBIT D LEGAL DESCRIPTION 15501 OLD US 41 CPUD That portion of the South 30 feet of the North Half (N1/2) of the North Half (N1/2) of the Southwest Quarter (SW1/4) of the Northeast Quarter (NE1/4) and the North 230 feet of the South Half (S1/2) of the North Half (N1/2) of the Southwest Quarter (SW1/4) of the Northeast Quarter (NE1/4) all in Section 10,Township 48 South, Range 25 East, as lies West of U.S. Highway 41, Public Records of Collier County, Florida (Property I.D. Number: 00143160001). Together with the South 100 feet of the South one-half (S1/2) of the North one-half (N1/2) of the Southwest Quarter (SW1/4), of the Northeast Quarter (NE1/4) of Section 10, Township 48 South, Range 25 East, Collier County, Florida. 15501 Old US 41 Road CPUD Last Revised:February 1,2018 Page 9 of 12 I7A EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC 15501 OLD US 41 ROAD CPUD No deviations are being requested. 15501 Old US 41 Road CPUD Last Revised:February 1,2018 Page 10 of 12 17 A EXHIBIT F DEVELOPMENT COMMITMENTS 15501 OLD US 41 ROAD CPUD 1. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Frank Norberto. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2. TRANSPORTATION A. The development shall be limited to a maximum of 216 two-way unadjusted PM Peak Hour Trips at project buildout. Due to current capacity issues on the Old 41 roadway link where the project connects, the project will be limited to 116 two-way undadjusted PM Peak Hour Trips, until the Old 41 roadway link capacity issue is addressed and deemed concurrent to permit the project buildout. B. SDP approval shall determine the uses to be constructed upon which fair share proportional payments shall be determined. C. Compensating right-of-way shall be provided at the time of SDP-Plat for the required turn lanes, as applicable. D. The development shall provide internal sidewalk and crosswalk connections, and bicycle facilities. 3. ENVIRONMENTAL A. The subject site contains approximately 1.17 acres of native vegetation, of which 10% (0.117 acres) is required to be preserved. 15501 Old US 41 Road CPUD Last Revised:February 1,2018 Page 11 of 12 1 7 A B. Where Parcel A is developed prior to Parcel B, or vice versa, the SDP plans must demonstrate preserve in the location shown on the CPUD master plan for the respective parcel, and not the overall CPUD. The acreage shown on the SDP plans must meet or exceed the minimum preserve requirement for the entire CPUD. 4. PLANNING A. Amplified outdoor sound associated with the food store and eating places is limited to 9 a.m. to 9 p.m. daily. Amplified outdoor sound is prohibited for all other commercial uses/buildings. B. Eating places located on Parcel A must be setback a minimum of 100 feet from the northern property line. 5. MISCELLANEOUS A. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. B. All other applicable state or federal permits must be obtained before commencement of the development. 15501 Old US 41 Road CPUD Last Revised: February 1,2018 Page 12 of 12 1 7 A Account #068779 February 16, 2018 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 RE: PL20170001083 — 15501 Old US 41 CPUD Dear Legals: Please advertise the above referenced Legal Notice Wednesday, February 21, 2018 and send the Affidavit of Publication with charges involved, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500182060 1 7 A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on March 13, 2018, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail,Naples FL.,the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW FOR DEVELOPMENT OF UP TO 40,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT FOR A PROJECT TO BE KNOWN AS 15501 OLD US 41 CPUD; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF OLD US 41, APPROXIMATELY ONE MILE NORTH OF THE US 41 AND OLD US 41 INTERSECTION, IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA. [PL20170001083] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA ANDREW SOLIS,CHAIRMAN DWIGHT E.BROCK,CLERK By: Teresa Cannon Deputy Clerk(SEAL) Co y' f C Tier 1 7 A CLERK OF THE CRC IT COURT COLLIER COUNT 'COUR OUSE 3315 TAMIAMI TRL E STE 102 Dwight E.Brock- rk of Circuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 ' NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Audito t Cjstodian of County Funds February 16, 2018 Waldrop Engineering 28100 Bonita Grande Dr. #305 Bonita Springs, FL 34135 Re: PL20170001083 — 15501 Old US 41 CPUD Dear Petitioner, Please be advised the above referenced petition will be considered by the Collier County Board of County Commissioners Tuesday, March 13, 2018. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, February 21, 2018. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Cannon, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com 17 ,A Teresa L. Cannon From: Teresa L. Cannon Sent: Friday, February 16, 2018 7:52 AM To: Naples Daily News Legals Subject: PL20170001083 - 15501 Old US 41 CPUD Attachments: PL20170001083 (BCC 3-13-18).doc; PL20170001083 (BCC 3-13-18).doc Legals, Please advertise the attached Legal Ad on Wednesday, February 21,2018.Thank you Teresa Cannon, BMR Senior Clerk Minutes & Records bepartment 239-252-8411 239-252-8408 fax Teresa.Cannon@col lierclerk.com 1 17A Teresa L. Cannon From: Legals@naplesnews.com Sent: Friday, February 16, 2018 9:55 AM To: Teresa L. Cannon Subject: For your approval Ad: 1929138, PL20170001083 Attachments: BCCZONINGD-68-1929138-1.pdf Hi Teresa, Attached is the ad proof, please review and let us know if you have any questions. We need an approval in order for the ad to run on the 1st date scheduled. Deadline: 2pm for next day publication, except for Sunday/Monday publication, the deadline is 4pm on Friday. Thank you, Mereida Cardenas Legal Advertising Specialist PART OF THE USA TODAY NETWORK Office: 239.213.6061 Legals@naplesnews.com naplesnews.com .. > Ad Proof 1 Nitpirs Batty ruts Sales Rep:Mereida Cardenas(N9103) Phone: Email: ."111111111111111=111 —11111=1111111 Date:02/16/18 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:505868(N068779) Please confirm placement prior to deadline by contacting your account Company Name:BCC/ZONING DEPARTMENT rep at . Ad Id: 1929138 P.O.No.:4500182060 Total Cost:$419.47 Contact Name: Email:Cheri.LaFara@collierclerk.com Tag Line:PL20170001083 Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date:02/21/18 Stop Date:02/21/18 Phone:(239)774-8049 Fax:(239)774-6179 Number of Timess: 1 Class:16250-Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING UP TO 40,000 SQUARE FEET OF weeks prior to the respective BOARD OF COUNTY NOTICE OF INTENT TO COMMERCIAL DEVELOPMENT public hearing. In any case, COMMISSIONERS CONSIDER AN ORDINANCE FOR A PROJECT TO BE KNOWN written materials intended COLLIER COUNTY,FLORIDA AS 15501 OLD US 41 CPUD; to be considered by the Notice is hereby given that AND PROVIDING AN EFFECTIVE Board shall be submitted ANDREW SOLIS,CHAIRMAN a public hearing will be held DATE.THE SUBJECT PROPERTY to the appropriate County by the Collier County Board IS LOCATED ON THE WEST SIDE staff a minimum of seven DWIGHT E.BROCK,CLERK of County Commissioners on OF OLD US 41,APPROXIMATELY days prior to the public By: Teresa Cannon March 13, 2018, in the Board ONE MILE NORTH OF THE US 41 hearing. All materials used Deputy Clerk(SEAL) of County Commissioners AND OLD US 41 INTERSECTION, in presentations before February 21,2018 No.1929138 Meeting Room, Third Floor, IN SECTION 10, TOWNSHIP the Board will become a Collier Government Center, 48 SOUTH, RANGE 25 EAST, permanent part of the record. 3299 East Tamiami Trail, COLLIER COUNTY, FLORIDA. Naples FL., the Board of [PL20170001083] Any person who decides to County Commissioners (BCC) appeal any decision of the will consider the enactment A copy of the proposed Board will need a record of of a County Ordinance. The Ordinance is on file with the the proceedings pertaining meeting will commence at 9:00 Clerk to the Board and is thereto and therefore, may A.M. The title of the proposed available for inspection. All need to ensure that a verbatim Ordinance is as follows: interested parties are invited record of the proceedings is to attend and be heard. made, which record includes AN ORDINANCE OF THE the testimony and evidence BOARD OF COUNTY NOTE: All persons wishing upon which the appeal is COMMISSIONERS OF COLLIER to speak on any agenda based. COUNTY,FLORIDA,AMENDING item must register with the ORDINANCE NUMBER 2004-41, County manager prior to If you are a person with a AS AMENDED, THE COLLIER presentation of the agenda disability who needs any COUNTY LAND DEVELOPMENT item to be addressed. accommodation in order to CODE WHICH INCLUDES THE Individual speakers will be participate in this proceeding, COMPREHENSIVE ZONING limited to 3 minutes on any you are entitled,at no cost to REGULATIONS FOR THE item. The selection of any you,to the provision of certain UNINCORPORATED AREA OF individual to speak on behalf assistance. Please contact COLLIER COUNTY,FLORIDA,BY of an organization or group is the Collier County Facilities AMENDING THE APPROPRIATE encouraged. If recognized by Management Division,located ZONING ATLAS MAP OR MAPS the Chairman,a spokesperson at 3335 Tamiami Trail East, BY CHANGING THE ZONING for a group or organization Suite 101, Naples, FL 34112- CLASSIFICATION OF THE may be allotted 10 minutes to 5356, (239) 252-8380, at least HEREIN DESCRIBED REAL speak on an item. two days prior to the meeting. PROPERTY FROM A RURAL Assisted listening devices AGRICULTURAL (A) ZONING Persons wishing to have for the hearing impaired DISTRICT TO A COMMERCIAL written or graphic materials are available in the Board of PLANNED UNIT DEVELOPMENT included in the Board agenda County Commissioners Office. (CPUD) ZONING DISTRICT TO packets must submit said ALLOW FOR DEVELOPMENT OF material a minimum of 3 Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 17 , Teresa L. Cannon From: Teresa L. Cannon Sent: Friday, February 16, 2018 9:57 AM To: NeetVirginia; 'VelascoJessica'; 'timothyfinn@colliergov.net' Subject: BCCZONING D-68-1929138-1.pdf Attachments: BCCZONINGD-68-1929138-1.pdf Please review proof ASAP.Thank you Old US 41 CPUD Teresa Cannon, BMR Senior Clerk Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 17A Teresa L. Cannon From: VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Sent: Friday, February 16, 2018 10:38 AM To: Minutes and Records Cc: NeetVirginia; SmithCamden; FinnTimothy Subject: FW: Ad Approval for PL20170001083 Old 41, Needed by COB TODAY Attachments: RE: BCCZONINGD-68-1929138-1.pdf Good Morning, We have received approval from both the planner and the applicant. Below you will find the applicant's approval and attached is the planner's approval. Respectfully, Pada,%telde4a Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2584 NOTE:New Email Address as of 12/09/2017: Jessica.velasco@colliercountvfl.aov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. Co[[ier County Exceeding Expectations Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Lindsay Robin [mailto:Lindsay.Robin@waldropengineering.com] Sent: Friday, February 16, 2018 10:26 AM To:VelascoJessica <Jessica.Velasco@colliercountyfl.gov>;Alexis Crespo<Alexis.Crespo@waldropengineering.com> Cc: FinnTimothy<Timothy.Finn@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov> Subject: RE:Ad Approval for PL20170001083 Old 41, Needed by COB TODAY Looks good—thank you. Lindsay Felice Robin, MPA Project Planner 1 IIW/UDROPI17A I ' ENGINEERING uv IL ENGINEERING I PLANNING I LANDSCAPE ARCHITECTURE Direct: E: lindsay.robin@waldropengineering.com Office: P: (239)405-7777 I F: (239)405-7899 www.waldropengineering.com NOTICE: Upon receipt of any electronic file/data from Waldrop Engineering, P.A.,you are agreeing to the following: This file/data is for informational purposes only. It is the responsibility of the recipient to reconcile this electronic file/data with the actual project site conditions. Recipient agrees to indemnify and hold harmless Waldrop Engineering, P.A.for any defects or errors in this file/data From:VelascoJessica [mailto:Jessica.Velasco@colliercountyfl.gov] Sent: Friday, February 16, 2018 10:05 AM To: Lindsay Robin<Lindsay.Robin@waldropengineering.com>; Alexis Crespo <Alexis.Crespo@waldropengineering.com> Cc: FinnTimothy<Timothy.Finn@colliercountyfl.gov>;SmithCamden <Camden.Smith@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov> Subject:Ad Approval for PL20170001083 Old 41, Needed by COB TODAY Importance: High Lindsay and Alexis, Advertisement for: PL20170001083 Old US 41, for the 3/13 BCC Hearing. The public notice ad for Naples Daily is attached for your approval. If you wish to revise any portion of it(specifically the title), please respond with strike through and underline as to your proposed revision, which we will forward to the County Attorney for a decision. If you approve the ad, please reply approved. If advertisement is approved after COB TODAY your item may be continued. Respectfully, fe44c61`r/d44ca Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2584 NOTE:New Email Address as of 12/09/2017: Jessica.velasco@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. O ier County Exceeding Expectations Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 1 7 A Teresa L. Cannon From: FinnTimothy <Timothy.Finn@colliercountyfl.gov> Sent: Friday, February 16, 2018 10:23 AM To: Teresa L. Cannon; NeetVirginia; VelascoJessica Subject: RE: BCCZONINGD-68-1929138-1.pdf Approved Timothy Finn, AICP Principal Planner CO ler County Zoning Division NOTE: New Email Address as of 12/09/2017: Timothy.Finn@colliercountyfl.gov 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.4312 Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Friday, February 16, 2018 9:57 AM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov> Subject: BCCZONINGD-68-1929138-1.pdf Please review proof ASAP.Thank you Old US 41 CPUD Teresa Cannon, BMR Senior Clerk Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 1 7 A Teresa L. Cannon From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Friday, February 16, 2018 10:59 AM To: Teresa L. Cannon Subject: FW: BCCZONINGD-68-1929138-1.pdf-Old US 41 Attachments: BCCZONINGD-68-1929138-1.pdf See below. Dinny From:AshtonHeidi Sent: Friday, February 16, 2018 10:57 AM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Cc: StoneScott<Scott.Stone@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; CrotteauKathynell<Kathynell.Crotteau@colliercountyfl.gov> Subject: FW: BCCZONINGD-68-1929138-1.pdf-Old US 41 Dinny, Approved! Midi a.,4ton-t cho Heidi Ashton-Cicko Managing Assistant County Attorney Office of the Collier County Attorney 2800 North Horseshoe Drive,Suite 301 Naples, FL 34104 (239) 252-8400 From:CrotteauKathynell Sent: Friday, February 16, 2018 10:41 AM To:Ashton Heidi<Heidi.Ashton@colliercountyfl.gov> Cc: StoneScott<Scott.Stone@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountvfl.gov> Subject: FW: BCCZONINGD-68-1929138-1.pdf Heidi: The ad proof is correct per the 12-20-17 TO Title. .Cathy Crotteau, legalSecretary Office of the Colter County.Attorney Phone: (239)252-8400 From: NeetVirginia Sent: Friday, February 16, 2018 9:58 AM 1 1 7 A Teresa L. Cannon To: Legals@naplesnews.com Subject: RE: For your approval Ad: 1929138, PL20170001083 Legals, Ad looks good, OK to run.Thanks Original Message From: Legals@naplesnews.com [mailto:Legals@naplesnews.com] Sent: Friday, February 16, 2018 9:55 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: For your approval Ad: 1929138, PL20170001083 Hi Teresa, Attached is the ad proof, please review and let us know if you have any questions. We need an approval in order for the ad to run on the 1st date scheduled. Deadline: 2pm for next day publication, except for Sunday/Monday publication,the deadline is 4pm on Friday. Thank you, Mereida Cardenas Legal Advertising Specialist PART OF THE USA TODAY NETWORK Office: 239.213.6061 Legals@naplesnews.com naplesnews.com 17A RUARY 21, 2018 I NAPLE: NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO Public Notices CONSIDER AN ORDINANCE individual to speak on behalf Notice is hereby given that of an organization or group is a public hearing will be held encouraged. If recognized by by the Collier County Board the Chairman,a spokesperson of County Commissioners on for a group or organization March 13, 2018, in the Board may be allotted 10 minutes to of County Commissioners speak on an item. Meeting Room, Third Floor, Collier Government Center, Persons wishing to have 3299 East Tamiami Trail, written or graphic materials Naples FL., the Board of included in the Board agenda County Commissioners (BCC) packets must submit said will consider the enactment material a minimum of 3 of a County Ordinance. The weeks prior to the respective meeting will commence at 9:00 public hearing. In any case, A.M. The title of the proposed written materials intended Ordinance is as follows: to be considered by the Board shall be submitted AN ORDINANCE OF THE to the appropriate County BOARD OF COUNTY staff a minimum of seven COMMISSIONERS OF COLLIER days prior to the public COUNTY,FLORIDA,AMENDING hearing. All materials used ORDINANCE NUMBER 2004-41, in presentations before AS AMENDED, THE COLLIER the Board will become a COUNTY LAND DEVELOPMENT permanent part of the record. CODE WHICH INCLUDES THE COMPREHENSIVE ZONING Any person who decides to REGULATIONS FOR THE appeal any decision of the UNINCORPORATED AREA OF Board will need a record of COLLIER COUNTY,FLORIDA,BY the proceedings pertaining AMENDING THE APPROPRIATE thereto and therefore, may ZONING ATLAS MAP OR MAPS need to ensure that a verbatim BY CHANGING THE ZONING record of the proceedings is CLASSIFICATION OF THE made, which record includes HEREIN DESCRIBED REAL the testimony and evidence PROPERTY FROM A RURAL upon which the appeal is AGRICULTURAL (A) ZONING based. DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT If you are a person with a (CPUD) ZONING DISTRICT TO disability who needs any ALLOW FOR DEVELOPMENT OF accommodation in order to UP TO 40,000 SQUARE FEET OF participate in this proceeding, COMMERCIAL DEVELOPMENT you are entitled,at no cost to FOR A PROJECT TO BE KNOWN you,to the provision of certain AS 15501 OLD US 41 CPUD; assistance. Please contact AND PROVIDING AN EFFECTIVE the Collier County Facilities il DATE.THE SUBJECT PROPERTY Management Division,located IS LOCATED ON THE WEST SIDE at 3335 Tamiami Trail East, OF OLD US 41,APPROXIMATELY Suite 101, Naples, FL 34112- ONE MILE NORTH OF THE US 41 5356, (239) 252-8380, at least AND OLD US 41 INTERSECTION, two days prior to the meeting. IN SECTION 10, TOWNSHIP Assisted listening devices 48 SOUTH, RANGE 25 EAST, for the hearing impaired COLLIER COUNTY, FLORIDA. are available in the Board of [PL20170001083] County Commissioners Office. A copy of the proposed BOARD OF COUNTY Ordinance is on file with the COMMISSIONERS Clerk to the Board and is COLLIER COUNTY,FLORIDA available for inspection. All interested parties are invited ANDREW SOLIS,CHAIRMAN to attend and be heard. DWIGHT E.BROCK,CLERK NOTE: All persons wishing By: Teresa Cannon to speak on any agenda Deputy Clerk(SEAL) item must register with the February 21,2018 No.1929138 County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any L 1 7 A ? apLcø Battu NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# BCC/ZONING DEPARTMENT 1929138 PL20170001083 4500182060 Pub Dates February 21,2018 • 1-C 40-&az► (Sig ture of affiant) :;';; KAROI.EKANGAS I 4 , h Notan/Pudk-State ofFlorida Sworn to and subscribed before meComNssIonOGG126041 J {? c?: MyC.o mm,Expires Juin 2021 I This February 21,2018 ammtLopatwanwNeuva,n (Signature of affiant) 3RD 1 WEDNESDAY,FEBRUARY 21,2018 1 NAPLES DAILY NEWS Public Nolo-:'S PAW ,,,, Pi UI r Not 8,• Public N:,lir; Aucliuii;P,blc SA, Ai,puo,,,ptPlJblor Salo the meeting is advised that int geig 14 bib* Management Division,located Reselutle is as follows: Extra Space Storage will hold a public auction to sell personal person will need a record 01 oa er proulyy b at 3335 Tamrppami Trail East,. A RESOLUTION OF THE BOARD yroperty described below belonging to those individuals listed at accordingly,the person may lite Chei9i woo ia spokesipe soy 5356,(13Suite 9)N151e8380L at31east OF COU4112 NTY COMMISSIONERS below at the location indicated: 1 7 A need to ensure that a verbatim for a group or organization two days poor to the meeting. OF COLLIER COUNTY,FLORIDA 571 Airport Rd.N.Naples FL 34104 Phone:239-643-5113 record of the proceedings is may De allotted 10 minutes to Assisted listening devices RENAMING A PORTION 0� Auction date:3/14/2018 Time:3:30 PM made,including the testimony speak on an Rem. for the hearing impaired ESPLANADE BOULEVARD and evidence upon which such are available in the Board of TO MONTELANICO LOOP. Israel Vasquez/Israel Aponte Household goods appeal Is to be based. Persons wishing to have County Commissioners Office. THE SUBJECT STREET IS VInell/George L Hills Household goods written or graphic materials APPROXIMATELY ONE THIRD Darrel Soto/Darrel L.Soto Household goods District Manager Inckided in the Board agenda BOARD OF COUNTY OF A MILE IN LENGTH Monies Webster Household goods Fiddler's Creek Community packets must submit said COMMISSIONERS LOCATED WITHIN ESPLANADB Josh Angelico Household goods Development District#1 material a minimum of 3 COLLIER COUNTY,FLORIDA GOLF AND COUNTRY CLUB Claude Francois Household goods February 21,2018 No.1929222 weeks prior to the respective OF NAPLES,APPROXIMATELY Manuela Trevino Household goods FIDDLER'S CREEK public hearing. In any case ANDREW SOLIS,CHAIRMAN ONE ANDA QUARTER MILE COMMUNITY DEVELOPMENT written materials intended NORTH OF IMMOKALEE ROAD, Purchases must be made with cash only and ped at the DISTRICT#2 NO710E OF to be considered by the DWIGHT E.BROCK,CLERK IN SECTION 15, TOWNSHIP above referenced facility in order to complete the transaction. MEETINGS FOR REMAINDER Board shall be submitted By: Teresa Cannon 48 SOUTH,RANGE 26 EAST, Extra Space Storage may refuse any bid and may rescind any OF FISCAL YEAR 2018 to the appropriate County DeOuty Clerk(SEAL) COLLIER COUNTY, FLORIDA. purchase up until the winning bidder takes possession of the staff a minimum of seven February 21,2018 No.1929123 [PL2017000242/] personal 21,28,property. The Board of Supervisors days prior to the public February 21,28,1018 No.1930643 p hearing. All materials used NOTICE OF PUBLIC HEARING A copy of the proposed the Public N„ticeti Public N,iticE't Cf the Fiddler's Creek Ctoe on file with the Community Development in presentations b bee ae NOTICE OF AN INTENT O Clerk to the Board ct and All District#2 will hold Regular the Board will become a CONSIDER AN ORDINANCE available for inspection. All Meetings for Fiscal Year 2018 Permanent part of the record. interested parties are invited on the fourth Wednesday of Notice is hereby given that to attend and be heard. COLLIER COUNTY WILL HOST A MEETING ON each month(unless otherwise Any person who decides to a public hearing will be held ndiceed)at 10:00 a.m.,at the appeal any decision of the b the CoMer County Board NOTE: All persons wishing THE RURAL LANDS STEWARDSHIP AREA Fiddler's Creek Club and Spa, Beard will nee a record of {County Commissioner on to speak on any agenda (RLSA),AN AREA SURROUNDING IMMOKALEE 3470 Club Center Bouovard, the proceedings pertaining march 13 2018,in the Board Item must register with the Naples,Florida 34114,on the thereto and therefore,may of Count Commissioners County mane er Orior to following dates: need to ensure that a verbatim Meeting Doom,Third Floor, resentation of the agenda AND COMPRISING APPROXIMATELY OF record of the proceedings Is Collier Government Center, Etto be addressed. 195,000 ACRES,ON: February made,which record Includes 3299 East Tamiami Trail Individual speakers will be March 28.2018 the testimony and evidence Naples FL., the Board el limited to 3 minutes on any Apr1125,2018pon which the appeal is County Commbaieeers(BCC) item. The election of any May 23,2018 based . will consider the enactment individual to speak on behaff FEBRUARY 22,2018,4:00-8:00 PM, lune 27,2018 of a County Ordinance. The of an organization or group Is July 25,2018 If you are a person with a meeting willcommence at 9:14 encouraged.If recognized by NORTH COLLIER REGIONAL PARK August 22,2018 disability who needs any .M.The title of the proposed the Chairman,a spokesperson September 26,2018 accommodation in order to ordnance is as follows: for a group or organization EXHIBIT HALL participate in this proceeding, may be allotted 30 minutes to The purpose of these you are entitled,at no cost to AN ORDINANCE AMENDING speak on an item. 15000 LIVINGSTON RD,NAPLES,FL 34109 meetings is for the Board to you,to the provision of certain ORDINANCE NO. 04-75, AS consider any business which assistance. Please contact AMENDED THE HIWASSE Persons wishing to have may properly come before it. the Collier County Facilities COMMERCIAL PLANNED written or ample materials The meetings are open to the Management Division,located UNIT DEVELOPMENT, To inducted in the Board agenda THIS MEETING WILL INCLUDE FACILITATED public and will be conducted in at 3335 Tamippaml Trail East, APPROVE AN INSUBSTANTIAL packets must submit said accordance with the provision Suite 101,Naples,FLat34112- CHANGE TO THE TO REDUCE LITHE material a minimum of 3 DISCUSSION AMONG ATTENDEES ON THE of Florida Law for Community weeks prior to the respective Development Districts. The two,days prior to the meeting. FRONT YARD SETBACK, public earing..In an a GENERAL PURPOSE AND STRUCTURE OF meetings may be continues to foryirthe ed hearing ing mpaired COMMITMENT REVISE A DEVELOPMENT written materials any THE RLSA.THE GENERAL PUBLIC IS INVITED a date,time,and place to be e in t, to be considered by the meeting.Acopy ofheagenda County Commissioners oners offrdice. TWO KNEW ODEVELOPMENT Board sell p I submitted TO LEARN AND TO SHARE OPINIONS ON THE i for these meetings may be COMMITMENTS RELATING to the pproprm County obtained from Wrathell,Hunt BOARD OF COUNTY TO UTILITIES, ADD TWO staff a minimum of seven EXISTING PLAN PROVISIONS, INCLUDING et days prior the public NEW DEVIATIONS RELATING &Associates,LLC,2300 Glades COMMISSIONERS hearing.AU materials used PROVISIONS FOR ENVIRONMENTAL Road,Suite 410W,Boca Raton, COLLIER COUNTY,FLORIDA TO LANDSCAPING AND to presentations before , Florida 33431 or by calling BUFFERINGANDREW SOLIS.CHAIRMAN DEVIATION' RELATING REMOVE ONE NO the Board will become a PROTECTION,AGRICULTURAL PROTECTION (5611571-0010. SIDEWALKS AND BIKE permanent part of the record. There may be occasions when DWIGHT E.BROCK,CLERK PATHS,MODIFY THE PLANT Any person who decides to AND ECONOMIC DEVELOPMENT, AND one or more Supervisors By: Teresa Cannon MATERIAL NOTES ON EXHIBITppeal any decision of the RECOMMENDATIONS TO IMPROVE THE PLAN. or staff will participate Deputy Clerk(SEAL) C,' REVISE THE MASTER 9oard will need a record of by telephone. Pursuant to February 21,2018 No.1929138 PLAN.AND PROVIDE FOR AN the proceedings pertaining Rondalno February 21822,2018 NO-1927197 provisions of the Americans NOTICE OFPUBUC HEARING EFFECTIVE DATE.THESUB/ECT thereto and therefore,may with Disabilities Act, any NOTICE OF INTENT TO PROPERTY CONSISTING OF need to ensure thattim person requiring special CONSIDER AN ORDINANCE 13=ACRES IS LOCATED ON THE record of the proceedings Is Request for Rids It,•,Iuest I,,F Rol, accommodations at this WEST SIDE OF LIVINGSTON made.which record includes meeting because ofadlsablllty Notice is hereby given that ROAD,APPROXIMATELY ONE the testimony and evidence LEGAL NOTICE or physical impairment should a public hearing9 ill be held QUARTERAD,IN UTH OF PINE upon which the appeal is contact the District Office by the Collier C ty Board RIDGE ROAD,IN SECTION 13, based. COWER COUNTY SHERIFF'S OFFICE at(561)571-0010 at least 48 of Coemy Commissioners on TOWNSHIP 49 SOUTH,RANGE REQUEST FOR PROPOSAL#1.11.141 hours prior to the meeting March 13,2018.In the Beard 25 EAST,COLLIER COUNTY If you are a person with a If you are hearing or speech of County Commissioners FLORIDA.[PDI•PL2o1700025441 disability who needs any Public Notice Is hereby given that sealed propposals will be Impaired please contact Room,Third oor, accommodation i order to eceived by the Collier County Sheriffs Office(CC50)for the the Florida Relay Service by Meeting-flier:Govern mint Cl. Trail A copy of the proposed you Fareentitled at no cost to following: dialing 7-1-1, or 1.800-955 ordnoace is on file with the 8771(TTY)/1-800-955-8770 Naples FL., the Board of Clerk to the Board and Is you,to the provision of certain Conduit and Cabling for the Naples fall Center (Voice),for old in contacting Cwnty Cewmbloaers(HCC) available for inspection. All assistance. Please contact the District Office. will consider the enactment interested parties are Invited the Collier County Facilities CM is soofc nq proposals from qualified Vendors for the will f l Count Ordinance.nac The to attend and be heard. Management Division,located installation of conduit and cabling for the Naples Jail Center. A person who decides to at 3335 Tamiami Trail East, meeting willcommence at sw Suite 101.Naples,FL 34112- Sealed p.m.EST must be received prior to March 14,2018 at appeal any decision made NOTE: All on wishing ap at the meeting with respect A M The title S the propos to speak ny a ends 5356,(239)252-8380,at least 4:00.00 p.m.EST at the CCSO,Procurement Bureau,2885 County 5rafoance is as follows: two days prior to the meeting. Barn Road,Naples,FL 34112. Proposals will be date/time to any matter considered at item must register with the the meeting is advised that AN ORDINANCE OF THE BOARD County manager prior to Assisted listening devices stamped.Late proposal submissions received after the date and person will need a record OF COUNTY COMMISSIONERS resentation of the agenda for the hearing impaired time stated will not be considered.Late toothere will be date/ of the proceedings and that OF COLLIER COUNTY,FLORIDA Item to be addressed. re available in the Board of time stamped and returned unopened the return address accordingly.the person may ORDINANCE NO. Individual speakers will CObe unty Commissioners Office. on the package. The RFP is available online for review and need to ensure that a verbatim AMENDING THE EAGLE CREEK limited to 3 minutes on any yy download at www.colhersheriftorg at the following link:http:// madeaincod ng the testimony PLANNED UNIT DEVELOPMENT Item. duThe al selection of aalf COMMISSIONERS BOARD OF COUNTY www2.colliershenff.org/aboutus/purchasing/rfpl.asp. aand ppeal is to upon based. ACRE such COURSEBY ABYDING THE GOLF REMOVING ONE of an organization If recognized by oup is COLLIER COUNTY,FLORIDA aThe ny andriff all reserves thproposalse r-advertieht to reject this request;postpone ostpone,of ACRE FROM RESIDENTIAL encourathe Chairman,a spokesperson ANDREW SOLIS,CHAIRMAN cancel,at any time,this request for Proposal process:or waive TRACTS AND ADDING THE for a groupor organzation n MAIM Manager ONE ACRE TO GOLF COURSE any it of r q in the RFP or in the proposal(s)received as a Fiddler's Creek Community TRACT H-1:BY SUPERSEDING may be allotted. minutes to DWIGHTy: Teresa Cannon CLERK result of this request. Development District#2 AND REPEALING PRIOR soak onnitem. By: Cannon February 21,2018 No.1929241 ORDINANCE NOS.81-4,81-114, Deputy fir SCHEDULE NOTICE OF PUBLIC HEARING 82-53 AND 85-8:BY AMENDING Persons wishing m have February 21,2018 No.1929131 NOTICE OF INTENT TO THE MASTER PLAN: AND written or graphic materials Event Time Date CONSIDER AN ORDINANCE PROVIDING AN EFFECTIVE included In the Board agendd RFP Released N/A 2/2020018 DATE.THESUBJECT PROPERTY. Packets must submit said Inspection of Facility 2:00.00 PM EST 3/6/2018 Notice Is hereby that CONSISTING OF 2984/•ACRES, material a minimum of a3 • Real Estate ProposersQuestionsDeadline 4:00.00PM EST 3/7/2018 given weeks prior to the respective Proposal Due 9:00A0 PM EST 3/14/2018 publica thearing lye beheld INTERSECTION SOUTHWEST O O41 publicwritten hearing. In any se, ProposalPublic Rid Opening 9:00.00 AM EST 3/15/2018 by County Comer county Board THE INTERSE BON OF US 41 written materials intended Evauators Begin N/A 3/15/2018 t County C 18.in the Bo rd AND COLLIER BOULEVARD NS IP to be considered by the There's noplace like...hero Contract Award Announcement N/A 3/26/2016 March 13,2018.in the Board SECTIONS 3 AND 1,TOWNSHIP26EAS, Board shall be submitted Contract Start N/A 3/29/2018 of County Commissioners 51 SOUTH.RANGE 26 EAST, to the appropriate County Meetseven 1 act COIlleirgGovernmentrdCenter (P12017000r, COLLIER 13201 days FLORIDA. days, priorstaff a tominimum public Locci.lfleds Point eeriertai'gto this request must be directed to: 3299 East Tamiaml Trail hearing.All materials used dui pertaining CPPB1 Naples FL., the Board of A copy of the proposed p presentations before Brandy AdHazel, County Commissioners(BCC) Ordinance is on File with the the Board will become a Contract County Barn Roar will consider the enactment Clerk to the Board and Is permanent part of the record. 2885 County Barn Road of a County Ordinance. The available for inspection. All P,,q,icst tor.Ritls Napes,FL 34112 meeting Il commence at 9.yygg interested parties are invited Any person who decides to procurementWcolliersheriH.org A.M.The title of the propose to attend and be heard. Quality Enterprises USA. Oedlaaace is as follows: parol any decision of the Inc.is d DBE and The Collier County Sheriff's Officei n.age, not honal origin on Board will need a record of Certified DBE,WBE,and MBE the basis of race,color,sex,religion.age,national origin,or NOTE All persons wishiagenda the proceedings he fore.me subcontractors the following suppliers disability. AN ORDINANCE OF THE totspeak oany with thereto ensure therefore,may forthe following Drolect: COLLIER SHERIFF BOARD OF COUNTY tem must register will the need to ensure thataverbatim COLLIER COUNTY,FLORIDA COMMISSIONERS OF COLLIER County manager poor to record of the proceedings is City of Naples,Florida•RFP February 21,28,2018 No.1929863 COUNTY,FLORIDA.AMENDING presentation of the agenda made,which record Includes Design build Project: ORDINANCE NUMBER 2004-41, Item to be addressed. the testimony and evidence AS AMENDED.THE COLLIER Individual speakers will be upon which the appeal is 5tormwater Outfall and COUNTY LAND DEVELOPMENT limited to 3 minutes on any based. Seawall ReDalr-Irma Related CODE WHICH INCLUDES THE item. The selection of any Wheels/Recreation COMPREHENSIVE ZONING individual to speak on behalf If you are a person with a Solicitation#18-034 REGULATIONS FOR THE of an organization or group Is disability who needs any UNINCORPORATED AREA OF encouraged.If recognized by accommodation In order to proposals Due March 2,2018 COLLIER COUNTY,FLORIDA.BY the Chairman,a spokesperson participate in this proceeding, AMENDING THE APPROPRIATE fora groupor organization you are entitled,at no cost to Interested firms should ZONING ATLAS MAP OR MAPS may be alloted 30 minutes to you,to the provision of certain submit a detailed letter of BY CHANGING THE ZONING speak on an Item. assistance. Please contact Interest which Includes: CLASSIFICATION OF THE g the CollierggCount Facilities List of services provided, HEREIN DESCRIBED PROPERTY FROM A RURAL writteL n or graphic materials ata3335 Tamiaml Trail East ofprof eviou lyifcoampletlist ed AGRICULTURAL DISTRICT TO A COMM COMMERCIAL packets NG included imast he Bs Board said Suite 101 Naples,FL 34112- projects with references. 5356,(239)252-8380,at least PLANNED UNIT DEVELOPMENT material a minimum of 3 two days prior to the meeting. Information can be faxed to (CPDD)ZONING DISTRICT TO weeks prior to the respective foryi the hearing impaices (239)435.7202 ALLOW FOR DEVQELOPMENT OF public hearing. In any casere available in the Board of An EEO/AAP Employer �p COMMEUP TO RCIALS DEVELOPMENT font be considerled iby�the County Commissioners Office. February 21.2018 No.1932123 The key to selling your FOR A PROJECT TO BE KNOWN Board shall be submitted AS 15501 AND PROVIDING AN EFFUS 41 ECTIVE ttaffthe a appropriate ofOsevey BOARD OIONERSCOUNTY Qualeis se kingquotes frrpnses om here DATE.THESUBJECT PROPERTY days prior to the public COMMISSIONERS CertifiedDBE WBE and MBE car starts here ISLOCATEDON THE WEST SIDE hearing.All materials used COLLIER COUNTY,FLORIDA subcontractors •and suppliers car OF OLD US 41.APPROXIMATELY In presentations before ANDREW SOLIS,CHAIRMAN for the following project: ONE MILE NORTH OF THE US 41 the Board will become a AND OLD US 41 INTERSECTION, permanent part of the record. DWIGHT E.BROCK,CLERK Taxiway"D"Realignment and IN SECTION 10, TOWNSHIP By: Teresa Cannon Drainage Improvements )�hlocal buyers inthe Localfleds. 48 SOUTH,RANGE 25 EAST, Any person who decides to Deputy Clerk(SEAL) At COLUlER COUNTY, FLORIDA. appeal any yill nesdision record of February 21,2018 No.1929151 Naples Municipal Airport Easy find rur Ii sg faster. pp the proceedings pertaining NONCE OF PUBLICHEARING FDOT No.431366-1-94-01 Get ��nt�.�� Ordleance ofpy s ontite filewiththe need to end thereto sure that therefore, Notice is herebygiventhat Quotes Due March 5,2018 Clerk to the Board and Is record of the proceedings is public hearing will be heldSellers,Start your engines available for Inspection. All made,which record Includes by the CollierCounty Board Interested firms should interested parties are invited the testimony and evidence of County Commissioners on submit a detailed letter of to attend and be heard. upon which the appeal is March 13,2018,in the Board interest which includes: based. of County Commissioners List of services provided, Place your ad online at naplesnews.com NOTE: All persons wishing Meeting Room,Third Floor. Copy of Certification,list P to speak on any agenda If you are a person with a Collier Government Center, of previously completed Item must register with the disability who needs any 3299 East Tamiami Trail projects with references. Naplesaa)IB Nems County manager prior to ac ompateinth in order.to Naples FL., the Board 1 local f ieds Count presentation of the agenda participate in this proceeding,o County FL., the Bo (BCC) Information can belayed to tem to be addressed. you are entitled,at no cost to will consider the enactment (239)435-7202 Individual speakers will be you,to the provision of certain of a County Resolution. The limited to 3 minutes on any assistance. Please contact meeting will commence atIll An EEO/AAP Employer item. The selection of any the Collier County Facilities A.M.T e title of the proposed February 21,2018 No.1932119 I 17 A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print in pink paper. Attach to original document. I tie completed routing slip and original documents are to be forwarded to the(ono!)Attorney Office at the time the item is placed on the agenda, All completed routing slips and original documents must be received in the(:ounts Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines 41 through 42 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines 41 through 42,complete the checklist,and forward to the Coung Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office 3 4. BCC Office Board of County PtS bc-) Commissioners Jr 3—ne 5. Minutes and Records Clerk of Court's Office I '-`f-I-Pnl PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees ahove,may need to contact staff for additional or missing inFannation. Name of Primary Staff Phone Number Contact/ Department ( fiHev,44,7f 27)1. 2--c2-47 2— Agenda Date Item wasAgenda Item Number Approved by the BCC 1-4 j '2c Igc %.77 7 /4 Type of Document Number of Original Attached Or)r1•1 Documents Attached PO number or account number if document is S—0 to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? , 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. N '4 3. Original document has been signed/initialed for legal sufficiency. (Al!documents to he signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board iv I 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 1-F- 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! --rF 8. The document was approved by the BCC on "4- 13 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version inproved by the BCC,all changes directed by the BCC have been made,and the document is ready for the _ (1\‘ Chairman's signature. I Forms/County Forms;BCC Forms/Original Documents Routing Slip WWS Original 9.03.04.Revised 1,26.05,Revised 2.24.05,Revised 11/30/12 17A ORDINANCE NO. 2018- 0 R AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW FOR DEVELOPMENT OF UP TO 40,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT FOR A PROJECT TO BE KNOWN AS 15501 OLD US 41 CPUD; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF OLD US 41, APPROXIMATELY ONE MILE NORTH OF THE US 41 AND OLD US 41 INTERSECTION, IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [PL20170001083] WHEREAS, Ultimate Developments, LLC and DCG&B, LLC, represented by Alexis Crespo,AICP of Waldrop Engineering,petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: The zoning classification of the herein described real property located in Section 10, Township 48 South, Range 25 East, Collier County, Florida, is changed from a Rural Agricultural (A) Zoning District to a Commercial Use Planned Unit Development (CPUD) Zoning District to allow for development of up to 40,000 square feet of commercial development to be known as 15501 Old US 41 CPUD, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. [17-CPS-01688/1392924/1]97 15501 Old US 41/PL20170001083 2/2/18 Page 1 of 2 G�' 17A PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this "3-11^ day of ! l l I Y(. 1 „ 2018. ATTEST: `w•,• BOARD OF '•U TY COMM . ' •NERS DWIGHT•E.•BROCKkLERK COLLIE' 0 Y,FLO' :0: ; f ! Ak y � BY: w A �1 By' p;chaism .'s � ► ANDY SOLIS, Chairman Attest as t signature on1 Approved as to form and le_: ity: ti Heidi Ashton-Cicko Managing Assistant County Attorney Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: Requested Deviations from LDC Exhibit F: Developer Commitments This ordinonce filed with the Secretory of Stote`s Office the I Q4foy of •S , �_ l and acknowledgement of that filin. received this •""`"N day of IJ 1 i 10 0 Deo+JY GN [17-CPS-01688/1392924/1]97 15501 Old US 41/PL20170001083 2/2/18 Page 2 of 2 CNC) 17A EXHIBIT A LIST OF PERMITTED USES 15501 OLD US 41 CPUD Development of the 15501 Old US 41 Commercial Planned Unit Development (CPUD) shall be in accordance with the contents of this Ordinance and applicable sections of the Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district shall apply. COMMERCIAL PERMITTED USES (PARCELS A AND B): No building or structure, or part thereof, up to an aggregate 40,000 square feet of gross floor area, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses and Structures: 1 . Accounting (8721 ). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Animal specialty services, except veterinary (0752, excluding outside kenneling). 5. Apparel and accessory stores (561 1-5699) with 5,000 square feet or less of gross floor area in the principal structure. 6. Architectural services (8712). 7. Auditing (8721). 8. Auto and home supply stores (5531 ) with 5,000 square feet or less of gross floor area in the principal structure [No onsite mechanics or performance of auto services] 9. Banks, credit unions and trusts (6011-6099). 10. Barber shops (7241 , except for barber schools). 11 . Beauty shops (7231, except for beauty schools). 12. Bookkeeping services (8721). 13. Business associations (8611). 14. Business consulting services (8748). 15. Business credit institutions (6153-6159). 16. Business services — miscellaneous (7389, except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories- telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol 15501 Old US 41 Road CPUD Last Revised: February 1,2018 Page 1 of 12 17A of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 17. Catalog and Mail Order Houses (Retail Miscellaneous, Group 5961) - limited to 7,500 square feet and limited to Parcel B (no on-site sales). 18. Civic, social and fraternal associations (8641). 19. Commercial art and graphic design (7336). 20. Commercial photography (7335). 21 . Computer and computer software stores (5734) with 5,000 square feet or less of gross floor area in the principal structure. 22. Computer programming, data processing and other services (7371-7379). 23. Credit reporting services (7323). 24. Direct mail advertising services (7331). 25. Drug stores (5912). 26. Eating places (5812 only) with 6,000 square feet or less in gross floor area in the principal structure. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of section LDC 5.05.01 . Subject to Condition 4.A. AND B. 27. Engineering services (8711). 28. Essential services, subject to LDC section 2.01 .03. 29. Federal and federally-sponsored credit agencies (61 1 1). 30. Food stores (groups 5411-5499) with 5,000 square feet or less of gross floor area in the principal structure. 31 . Funeral services (7261 , except crematories). 32. Garment pressing, and agents for laundries and drycleaners (7212). 33. General merchandise stores (5331-5399) with 5,000 square feet or less of gross floor area in the principal structure. 34. Glass stores (5231 ) with 5,000 square feet or less of gross floor area in the principal structure. 35. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 429 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651; all subject to LDC section 5.05.04. 36. Hardware stores (5251) with 1,800 square feet or less of gross floor area in the principal structure. 37. Health services, offices and clinics (8011-8049) excluding 8093 - outpatient rehab. 38. Home furniture and furnishings stores (5712-5719) with 5,000 square feet or less of gross floor area in the principal structure. 39. Home health care services (8082). 40. Household appliance stores (5722) with 5,000 square feet or less of gross floor area in the principal structure. 15501 Old US 41 Road CPUD Last Revised: February 1,2018 Page 2 of 12 17A 41 . Insurance carriers, agents and brokers (631 1-6399, 6411). 42. Labor unions (8631). 43. Landscape architects, consulting and planning (0781). 44. Laundries and drycleaning, coin operated - self-service (7215). 45. Legal services (81 1 1). 46. Libraries (8231). 47. Loan brokers (6163). 48. Management services (8741 and 8742). 49. Membership organizations, miscellaneous (8699). 50. Mortgage bankers and loan correspondents (6162). 51 . Museums and art galleries (8412). 52. Musical instrument stores (5736) with 5,000 square feet or less of gross floor area in the principal structure. 53. Paint stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. 54. Personal credit institutions (6141). 55. Personal services, miscellaneous (7299 - babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only) with 5,000 square feet or less of gross floor area in the principal structure. 56. Personnel supply services (7361 and 7363) except for labor pools and employee leasing 57. Photocopying and duplicating services (7334). 58. Photofinishing laboratories (7384). 59. Photographic studios, portrait (7221 ). 60. Physical fitness facilities (7991 ; 7911, except discotheques). 61 . Political organizations (8651 ). 62. Professional membership organizations (8621). 63. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 64. Public relations services (8743). 65. Radio, television and consumer electronics stores (5731) with 5,000 square feet or less of gross floor area in the principal structure. 66. Radio, television and publishers advertising representatives (7313). 67. Real Estate (6531-6552). 68. Repair services - miscellaneous (7629-7631, 7699 - bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 69. Retail nurseries, lawn and garden supply stores (5261) with 5,000 square feet or less of gross floor area in the principal structure. 70. Retail services - miscellaneous (5921-5963 except pawnshops and building materials, 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths) with 5,000 square feet or less of gross floor area in the principal structure. 71 . Secretarial and court reporting services (7338). 15501 Old US 41 Road CPUD Last Revised: February 1,2018 Page 3 of 12 17A 72. Security and commodity brokers, dealer, exchanges and services (6211-6289). 73. Shoe repair shops and shoeshine parlors (7251). 74. Social services, individual and family (8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 75. Surveying services (8713). 76. Tax return preparation services (7291). 77. Travel agencies (4724, no other transportation services). 78. United State Postal Service (4311, except major distribution center). 79. Veterinary services (0742, excluding outdoor kenneling). 80. Videotape rental (7841) with 5,000 square feet or less of gross floor area in the principal structure. 81 . Wallpaper stores (5231) with 5,000 square feet or less of gross floor area in the principal structure. Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the LDC. B. Accessory Uses: Accessory uses customarily associated with Permitted Principal Uses including but not limited to: 1 . Customary accessory uses and structures 2. Caretaker's residence, subject to LDC Section 5.03.05, limited to one (1) dwelling unit 3. Essential services, including interim and permanent utility and maintenance facilities 4. Water management facilities Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, or Hearing Examiner, pursuant to the process outlined in the LDC. C. Prohibited Uses The following uses are prohibited within the CPUD: 1 . Tattoo/piercing parlors (7299) 2. Sexually oriented businesses as defined in Ordinance No. 91-83, as it may be amended from time to time. 3. Pawn shops (5932) 4. Automobile Parking, automobile parking garages and parking structures (7521) 5. Automotive services (7549) 6. Child day care services (8351) 15501 Old US 41 Road CPUD Last Revised: February 1,2018 Page 4 of 12 17A 7. Churches 8. Drycleaning plants (7216) 9. Educational plants and public schools subject to LDC section 5.05.14 10.Gasoline service stations (5541) 11 . Laundries, family and commercial (721 1) 12. Marinas (4493) 13. Record and prerecorded tape stores (5735) 14. Religious organizations (8661) PRESERVE PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or uses, or land used, in whole or in part, for other than the following: A. Principal Use: 1 . Preserve B. Accessory Uses: 1 . Uses subject to LDC section Allowable Uses within County required preserves 15501 Old US 41 Road CPUD Last Revised: February 1,2018 Page 5 of 12 17A EXHIBIT B DEVELOPMENT STANDARDS 15501 OLD US 41 CPUD Development of the 15501 Old US 41 Road CPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district shall apply. Table I below sets forth the development standards for land uses within the 15501 Old US 41 Road CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the Site Development Plan (SDP). TABLE I COMMERCIAL DEVELOPMENT STANDARDS(1) PERMITTED USES AND PRINCIPAL USES ACCESSORY USES STANDARDS Min. Lot Area 10,000 SF N/A Min. Lot Width 75' N/A Min. Lot Depth 100' N/A PUD BOUNDARY SETBACKS (EXTERNAL) Old U.S. 41 25' SPS North Boundary 25' SPS South Boundary 20' SPS SETBACKS (INTERNAL) Front/Internal 10' 10' Drives(2) Side 10' SPS Rear 10' SPS FPL Easement 0' SPS Canal 20' SPS Preserve 25' SPS Min. Distance Between Principal 1/2 Building Height 10' Structures MAXIMUM HEIGHT Actual 45' 45' Zoned 35' 35' SPS = Same as Principal Structure (1) All distances are in feet unless otherwise noted. (2) Front setback is measured from back of curb for private roads and accessways only. 15501 Old US 41 Road CPUD Last Revised: February 1,2018 Page 6 of 12 17A B:\Projects\669-01 15501 Old US 41\Drawings-Exhibits\669-01-01 CPUD Master Plan\Current Plans\669010102.dwg FUTURE LAND USE:URBAN RESIDENTIAL SUBDISTRICT ZONING:PUD(STERLING OAKS) EXISTING LAND USE: PRESERVE NO BUFFER REQUIRED m N m X p c u' zc ' � z z m z D , . • 0 D c Z C \ T Z � 0 -1 — m 0-1C m - I XOC m - z --1 r c U) A m m I EXISTING FPL EASEMENT p z m D m p o AND COLLIER COUNTY mx 0) -a r- (-) O• D z m • DRAINAGE CANAL o Z c z _ wm � " ll�l °Dc z-- cn _ _ � _ _ c73cn o 0 _ - 1 � I — � _ cncom cn z ( > V \ � \ \ \ \ OO r" 70c CO < < i ( flfl m 0 H WO D r T z n C7 cXi om 5 O r `i c C} 0 � cn �7 D 7.- `c.-_30 � NCS oco cnzcri r a co m s.._ o 1-2 x NJ ml c4 mOn m D Z n T-, r ///rrr/ (0 H 73m LU - / D W Ex (-)0 mT D \ \m -niz zzmm 0 z m \ > n 11- '-,.. 1\ \ O D `\ / 70 O<O H gi ` \ m \ cm �_ 1 00 70 T - m Z < m N zm oDxpac T 33. v o� m cnm _+ zcnx __ O A� H2zo -im :c -' O7� 0 A m O OA Z > Or_ .0 O -I 0xC S co < m �F 0 DrWD Dz � � zp0 m m o zzmz 00 o) Omco n• -, s 0c r 0 m e cm > x0 Z c -+ cn -z 6"i r7, = cn � m —r1 c5 � � z � N c —1 m n m _ 0 --i x A Dot, :A—IdjS _v s PLAN REVISIONS WALDROP S ? :Q 08/04/17 REVISED PER COUNTY COMMENTS 15 501 OLD US 41 ROAD CPUD s � ENGINEERING E' 10/27/17 REVISED PER COUNTY COMMENTS CLIENT:FRANK NORBERTO&DGC&B,LLC g , 02/01/18 REVISED PER COUNTY COMMENTS CPUD MASTER PLAN "" b rs n ew�o rt sos xmw.n s.+ss ,i.s cxu. open6meen^t.,w. 17A B:\Projects\669-01 15501 Old US 41\Drawings-Exhibits\669-01-01 CPUD Master Plan\Current Plans\669010102.dwg / \ GENERAL NOTES REQUIRED PRESERVE 1. COMMERCIAL INTENSITY MAY NOT EXCEED 40,000 SF. TOTAL REQUIRED 0.117 AC (1.17±AC NATIVE VEGETATION X 10%) 2. 0.117±ACRES OF REQUIRED PRESERVE TO BE PROVIDED ON-SITE TOTAL PROVIDED 1.17 AC WITHIN OPEN PRESERVE AREAS.THE MINIMUM PRESERVE (1.17±AC NATIVE VEGETATION X 10%) REQUIREMENT OF 0.117 ACRES IS BEING MET AND 1.17 ACRES IS BEING PROVIDED ON-SITE WITHIN PRESERVE AREAS. / / LAND USE SUMMARY PARCEL"A" PARCEL"B" TOTAL PRESERVE 0.79 AC 0.38 AC 1.17 AC FPL EASEMENT 0.55 AC _ 0.18 AC 0.73 AC WATER MANAGEMENT 0.24 AC 0.05 AC 0.29 AC COMMERCIAL 2.12 AC 0.54 AC 2.66 AC TOTAL 3.70 AC 1.15 AC 4.85 AC ` OPEN SPACE SUMMARY 1 TOTAL REQUIRED(4.85 x 30%) 1.45 AC TOTAL PROVIDED 2.55 AC WATER MANAGEMENT 0.29 AC BUFFERS AND OTHER OPEN SPACE/PRESERVE 2.26 AC \ J PLAN REVISIONS m z :Q 08/04/17 REVISED PER COUNTY COMMENTS 15501 OLD US 41 ROAD CPUD IAI ? R? G 10/27/17 REVISED PER COUNTY COMMENTS CLIENT:FRANK NORBERTO&DGC&B,LLC i g !Za. 02/01/18 REVISED PER COUNTY COMMENTS CPUD MASTER PLAN NOTES b _ o.ssg.°a»»F.z3g.°e.,x"s w..�����,a�. wme�,k� .�. / � ti ;A()/ 17A EXHIBIT D LEGAL DESCRIPTION 15501 OLD US 41 CPUD That portion of the South 30 feet of the North Half (N1/2) of the North Half (N1/2) of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE1/4) and the North 230 feet of the South Half (S1/2) of the North Half (N1/2) of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE1/4) all in Section 10, Township 48 South, Range 25 East, as lies West of U.S. Highway 41, Public Records of Collier County, Florida (Property I.D. Number: 00143160001 ). Together with the South 100 feet of the South one-half (S1/2) of the North one-half (N1/2) of the Southwest Quarter (SW 1/4), of the Northeast Quarter (NE1/4) of Section 10, Township 48 South, Range 25 East, Collier County, Florida. 15501 Old US 41 Road CPUD Last Revised: February 1,2018 Page 9 of 12 17A EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC 15501 OLD US 41 ROAD CPUD No deviations are being requested. 15501 Old US 41 Road CPUD Last Revised: February 1, 2018 Page 10 of 12 17A EXHIBIT F DEVELOPMENT COMMITMENTS 15501 OLD US 41 ROAD CPUD 1. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Frank Norberto. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2. TRANSPORTATION A. The development shall be limited to a maximum of 216 two-way unadjusted PM Peak Hour Trips at project buildout. Due to current capacity issues on the Old 41 roadway link where the project connects, the project will be limited to 116 two-way undadjusted PM Peak Hour Trips, until the Old 41 roadway link capacity issue is addressed and deemed concurrent to permit the project buildout. B. SDP approval shall determine the uses to be constructed upon which fair share proportional payments shall be determined. C. Compensating right-of-way shall be provided at the time of SDP-Plat for the required turn lanes, as applicable. D. The development shall provide internal sidewalk and crosswalk connections, and bicycle facilities. 3. ENVIRONMENTAL A. The subject site contains approximately 1 .17 acres of native vegetation, of which 10% (0.117 acres) is required to be preserved. 15501 Old US 41 Road CPUD Last Revised: February 1,2018 Page 11of12 17A B. Where Parcel A is developed prior to Parcel B, or vice versa, the SDP plans must demonstrate preserve in the location shown on the CPUD master plan for the respective parcel, and not the overall CPUD. The acreage shown on the SDP plans must meet or exceed the minimum preserve requirement for the entire CPUD. 4. PLANNING A. Amplified outdoor sound associated with the food store and eating places is limited to 9 a.m. to 9 p.m. daily. Amplified outdoor sound is prohibited for all other commercial uses/buildings. B. Eating places located on Parcel A must be setback a minimum of 100 feet from the northern property line. 5. MISCELLANEOUS A. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. B. All other applicable state or federal permits must be obtained before commencement of the development. 15501 Old US 41 Road CPUD Last Revised: February 1,2018 Page 12 of 12 17A 4.. 1/2 „. ' t„, s ::-.Lii, , _i.,...___ ,-;,i,,h..:,:-. ...,,i....: ,,,, ,, ,-, , , FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State March 19, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ms. Martha Vergara Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2018-08,which was filed in this office on March 19, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us Ex parte Items - Commissioner Taylor 1 7 A COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by the 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 Number 2004-41, as amended, the Collier County Land Development Code which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district to allow for development of up to 40,000 square feet of commercial development for a project to be known as 15501 Old US 41 CPUD; and providing an effective date.The subject property is located on the west side of Old US 41, approximately one mile north of the US 41 and Old US 41 intersection, in Section 10, Township 48 South, Range 25 East, Collier County, Florida. [P120170001083] X NO DISCLOSURE FOR THIS ITEM SEE FILE (Meetings I (Correspondence ne-mails (Calls 17.B. This item requires that ex parte disclosure be provided by the 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. 96- 79, the Eagle Creek Planned Unit Development by expanding the golf course by removing one acre from residential tracts and adding the one acre to golf course Tract H-1; by superseding and repealing prior Ordinance Nos. 81-4, 81-114, 82-53 and 85-8; by amending the Master Plan; and providing an effective date. The subject property, consisting of 298+/- acres, is located southwest of the intersection of US 41 and Collier Boulevard in Sections 3 and 4,Township 51 South, Range 26 East, Collier County, Florida. [PL20170001320] X. NO DISCLOSURE FOR THIS ITEM 7 SEE FILE _Meetings (Correspondence De-mails (Calls 1 7 A Ex parte Items - Commissioner William L. McDaniel, Jr. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by the 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 Number 2004-41, as amended, the Collier County Land Development Code which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district to allow for development of up to 40,000 square feet of commercial development for a project to be known as 15501 Old US 41 CPUD; and providing an effective date. The subject property is located on the west side of Old US 41, approximately one mile north of the US 41 and Old US 41 intersection, in Section 10, Township 48 South, Range 25 East, Collier County, Florida. [PL20170001083] X NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings (Correspondence e-mails ❑Calls 17.B. This item requires that ex parte disclosure be provided by the 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. 96- 79, the Eagle Creek Planned Unit Development by expanding the golf course by removing one acre from residential tracts and adding the one acre to golf course Tract H-1; by superseding and repealing prior Ordinance Nos. 81-4, 81-114, 82-53 and 85-8; by amending the Master Plan; and providing an effective date. The subject property, consisting of 298+/- acres, is located southwest of the intersection of US 41 and Collier Boulevard in Sections 3 and 4,Township 51 South, Range 26 East, Collier County, Florida. [PL20170001320] X NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings (Correspondence I le-mails Calls Ex parte Items - Commissioner Burt L. Saunders 1 7 A COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by the 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 Number 2004-41, as amended, the Collier County Land Development Code which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district to allow for development of up to 40,000 square feet of commercial development for a project to be known as 15501 Old US 41 CPUD; and providing an effective date. The subject property is located on the west side of Old US 41, approximately one mile north of the US 41 and Old US 41 intersection, in Section 10,Township 48 South, Range 25 East, Collier County, Florida. [PL20170001083] X NO DISCLOSURE FOR THIS ITEM SEE FILE nMeetings Correspondence [e-mails Calls 17.B. This item requires that ex parte disclosure be provided by the 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. 96- 79, the Eagle Creek Planned Unit Development by expanding the golf course by removing one acre from residential tracts and adding the one acre to golf course Tract H-1; by superseding and repealing prior Ordinance Nos. 81-4, 81-114, 82-53 and 85-8; by amending the Master Plan; and providing an effective date. The subject property, consisting of 298+/- acres, is located southwest of the intersection of US 41 and Collier Boulevard in Sections 3 and 4, Township 51 South, Range 26 East, Collier County, Florida. (PL20170001320] X NO DISCLOSURE FOR THIS ITEM SEE FILE (Meetings Correspondence e-mails I (Calls Ex parte Items - Commissioner Andy Solis 1 7 A COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by the 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 Number 2004-41, as amended, the Collier County Land Development Code which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district to allow for development of up to 40,000 square feet of commercial development for a project to be known as 15501 Old US 41 CPUD; and providing an effective date. The subject property is located on the west side of Old US 41, approximately one mile north of the US 41 and Old US 41 intersection, in Section 10,Township 48 South, Range 25 East, Collier County, Florida. [PL20170001083] X NO DISCLOSURE FOR THIS ITEM SEE FILE ( (Meetings ❑Correspondence ❑e-mails Calls Ex Parte Items - Commissioner Donna Fiala 1 7 A COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by the 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 Number 2004-41, as amended, the Collier County Land Development Code which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district to allow for development of up to 40,000 square feet of commercial development for a project to be known as 15501 Old US 41 CPUD; and providing an effective date.The subject property is located on the west side of Old US 41, approximately one mile north of the US 41 and Old US 41 intersection, in Section 10, Township 48 South, Range 25 East, Collier County, Florida. [PL20170001083] NO DISCLOSURE FOR THIS ITEM SEE FILE ['Meetings ❑Correspondence ❑e-mails ['Calls Staff Report ' 17.B. This item requires that ex parte disclosure be provided by the 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. 96- 79,the Eagle Creek Planned Unit Development by expanding the golf course by removing one acre from residential tracts and adding the one acre to golf course Tract H-1; by superseding and repealing prior Ordinance Nos. 81-4, 81-114, 82-53 and 85-8; by amending the Master Plan; and providing an effective date. The subject property, consisting of 298+/-acres, is located southwest of the intersection of US 41 and Collier Boulevard in Sections 3 and 4,Township 51 South, Range 26 East, Collier County, Florida. [P120170001320] n NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ['Correspondence [le-mails ❑Calls Staff Report 1 7 A confer County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JANUARY 18,2018 SUBJECT: PUDZ-PL20170001083; 15501 OLD US 41 PROPERTY OWNERS/APPLICANT/AGENT: Owners/Applicants: Agent: Ultimate Developments,LLC c/o Frank Norberto Jr. & Alexis V. Crespo,AICP Frank Norberto III Waldrop Engineering, P.A. 7326 Acorn Way 28100 Bonita Grande Dr.#305 Naples, FL 34119 Bonita Springs,FL 34135 DGC&B,LLC c/o Craig Hazelett 15805 Old 41 Road Naples, FL 34110 REQUESTED ACTION: The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to rezone property from a Rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPDD) zoning district. The subject property is comprised of two vacant parcels, one owned by DGC&B, LLC and one owned by Ultimate Developments,LLC. GEOGRAPHIC LOCATION: The subject property is comprised of two parcels located on the west side of Old US 41, approximately one mile north of the US 41 and Old US 41 intersection, in Section 10, Township 48 South, Range 25 East, Collier County, Florida, consisting of 4.85+/- acres (see location map on page 2). PURPOSE/DESCRIPTION OF PROJECT: This petition seeks to rezone the property to CPUD to allow for the development of up to 40,000 square feet(SF)of commercial development including 7,500 SF of catalog/mail order house uses, and all permitted uses in the Commercial Intermediate(C-3)District. PUDZ-PL20170001083; 15501 OLD US 41 Page 1 of 14 Revised:December 27,2017 4 . , • ! 174 0,, k. 9 '2& wri �.®� OEM Ng 6 2 m 0 J W i LEE COUNTY LINE j PUB -4 o . / 0 v PROJECT SITE C LOCATION „ LOCATION to / t . ,,,,.. / / .. 1A l S y/ / ,,,,,....-,.,, WIGGINS 1 PASS RD Un Location Map Zoning Map CON O Petition Number: PL-2017-1083 .., , . . '1 . ,. , 17A SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses, zoning classifications, and maximum approved densities for properties surrounding boundaries of the 15501 Old US 41 CPUD: North: Developed residential, with a current zoning designation of Arbor Lake Club PUD (11.0 Dwelling units per acre [DU/AC]) East: Old US 41, a 2-lane arterial roadway, then a warehouse, light industrial development,with a current zoning designation of Industrial (I)District South: Undeveloped land, with a current zoning designation of Sterling Oaks PUD (3.0 DU/AC)and Tract"M"approved for industrial uses West: Preserve area within Sterling Oaks PUD, with a current zoning designation of Sterling Oaks PUD :prat,,, , u sa ,nw. r s t5,4C5 �. . x STERLING OAKS 4 Unit"Bt OG ; i 15di25 ,'c "., Unat 101 ray, '/ _ tt r' : R J�i 1' ver . i S ik.' I , .411:117-' ,_ .etr, ... 13,6a1 Aerial(County GIS) PUDZ-PL20170001083; 15501 OLD US 41 Page 3 of 14 Revised December 27, 2017 IA P 17A GROWTH MANAGEMENT PLAN(GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban, Urban Mixed Use District,Urban Residential Subdistrict,as depicted on the Future Land Use Map(FLUM)and in the FLUE of the Collier County GMP. Relevant to this petition,the Urban designation is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments(PUD).Certain industrial and commercial uses are also allowed subject to criteria. The FLUE provision the petitioner is relying upon to achieve consistency is the Office and In-fill Commercial Subdistrict.(see Attachment B—FLUE Consistency Review) Transportation Element: In evaluating this project,staff reviewed the applicant's Traffic Impact Statement(TIS) for consistency with Policy 5.1 of the Transportation Element of the GMP using the 2016 and 2017 Annual Update and Inventory Reports(AUIR). Policy 5.1 of the Transportation Element of the GMP states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions,and proposed amendments to the Future Land Use Element(FLUE)affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system,and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links(roadway segments)directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume;and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3%of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways." The proposed PUDZ on the subject property was reviewed based on the then applicable 2016 AUIR Inventory Report. The TIS submitted with the application indicates that the proposed,new commercial development will generate approximately 216 PM peak hour unadjusted two-way trips. Staff also evaluated the traffic impacts for the proposed project based on the recently adopted 2017 AUIR,which are also included in the table below. PUDZ-PL20170001083, 15:01 OLD US 41 Page 4 of 14 Revised: December 27. 201 7 I7A Roadway Link 2016 AUIR Current Peak 2016 2017 2017 Existing Hour Peak Remaining AUIR Remaining LOS Direction Capacity LOS Capacity Service Volume/Peak Direction Old US 41 Lee County E 1,000/North 29 F -87 Line to US 41 to(Tamiami Trail) US 41 Old US 41 to C 3,100/North 977 C 905 (Tamiami Lee County Trail) Line US 41 Old US 41 to D 3,100/North 485 D 173 (Tamiami Immokalee Trail) Road Staff notes that the Old US 41 road way is over-capacity based on the 2017 AUIR. Roadway improvements are currently scheduled,but they are outside of the current 5-year plan. This project is more importantly located within the Northwest Transportation Concurrency Management Area (TCMA) boundary and is therefore subject to Policy 5.6 of the GMP. This policy requires any new development exceeding LOS levels within a TCMA designated area must provide documentation that at least two Transportation Demand Management (I'BM) strategies are provided/used. The specific TDM's for this development shall be provided at time of Site Development Plan SDP or SDPA review. Based on the 2016 AUIR,the 2017 AUIR,and applicable TCMA provisions,the adjacent roadway network has sufficient capacity to accommodate the proposed new trips for the project, based on the GMP Policy noted above, within the 5-year planning period. Therefore, the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Conservation and Coastal Management Element(CCME): Environmental review staff found this project to be consistent with the Conservation & Coastal Management Element(CCME). A minimum of 0.117 acres of the existing native vegetation is required for preservation and shall be dedicated to Collier County. The Project's current Master Plan proposes a 1.17 acre preserve area. GMP Conclusion: The GMP is the prevailing document to support land use decisions, such as this proposed rezoning. Staff is required to make a recommendation regarding a fmding of PUDZ-PL20170001083, 15501 OLD US 41 Page 5 of 14 Revised: December 27, 2017 17 A consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. The CCPC uses the aforementioned criteria as the basis for their recommendation to the Board,who in turn use the criteria to support their action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading"Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Planning staff has reviewed the petition and the PUD document to address environmental concerns. The PUD Master Plan provides 1.17 acres of Preserve,which exceeds the minimum requirement of 15% (0.117 acres) in accordance with LDC section 3.05.07.B. There were no listed species observed on the site. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Utilities Review: Public Utilities staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Emergency Management Review: Emergency Management staff has reviewed the petition for compliance with the GMP and the LDC, and recommends approval of this project. Landscape Review: The Master Plan shows a preserve approximately 100 feet in width along the West boundary line of the PUD. Abutting the preserve to the east is an existing FPL easement and Collier County Drainage Canal. No plantings are permitted within Collier County Drainage Easements. Existing landscaping in the preserve can satisfy the landscape buffer requirement. If the preserve does not meet the buffer requirement after removal of exotics then supplemental planting is required as necessary to bring the buffer up to code. A 15-foot wide Type D Buffer is proposed along Old US 41 on the East side of the PUD. The Master Plan proposes a Type B Buffer along the North PUD boundary and a 10-foot wide Type A buffer along the South PUD boundary. Historic Preservation Review: Historic Preservation staff has reviewed the petition for compliance with the GMP and the LDC, and recommends approval of this project. Zoning Services Review: Staff has evaluated the uses proposed and their intensities and the development standards such as building heights, setbacks, and landscape buffers. Staff also evaluated the building mass,building location and orientation,the amount and type of open space and its location, and traffic generation/attraction of the proposed uses. PUDZ-PL20170001083; 15501 OLD US 41 Page 6 of 14 Revised: December 27,2017 17A The total amount of allowable commercial square footage, being requested is 40,000 SF of commercial uses, including a 7,500 SF catalog and mail order house use (SIC Retail, Miscellaneous 5961). The CPUD will allow for a logical transition of intensity along the Old US 41 corridor frontage to the preserve lands to the west, and will be compatible with the adjacent high density residential use to the north, and approved industrial uses to the south. The project is immediately adjacent to approved industrial uses;is infill in terms of its size and the surrounding development pattern;and can provide for neighborhood commercial uses and employment within close proximity to existing neighborhoods,existing and planned public infrastructure,and transit facilities. As shown on the proposed PUD Master Plan,the catalog and mail order house use will be located on the southern portion of the CPUD,adjacent to the industrial zoned section,Tract M,of Sterling Oaks PUD. This is an intensive use and is appropriately located away from the multi-family residential uses to the north of the PUD. Within the proposed 15501 Old US 41 CPUD boundaries,the minimum setback from OLD US 41 is 25 feet with a northern boundary setback of 25 feet and a southern boundary setback of 20 feet. The actual building heights are not to exceed 45 feet, and the zoned heights are not to exceed 35 feet. The Arbor Lake Club PUD has a maximum height of three floors to the north. The Sterling Oaks PUD has a maximum height of 50 feet to the west and south. The(I) district to the east has a maximum height of 50 feet. The proposed height of the 15501 Old US 41 CPUD is compatible with the immediate neighborhoods as the surrounding properties have maximum heights below 50 feet. As previously stated, a 15-foot wide Type D Buffer is proposed along Old US 41 on the East side of the PUD. The Master Plan proposes a Type B Buffer along the north PUD boundary, a 10-foot wide Type A buffer along the south PUD boundary, and a preserve approximately 100 feet in width along the west boundary line of the PUD. PUD FINDINGS: 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": 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land,surrounding areas, traffic and access, drainage,sewer,water,and other utilities. The type and pattern of development proposed should not have a negative impact upon any physical characteristics of the land, the surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Furthermore, this project, if developed, 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. PUDZ-PL20170001083; 15501 OLD US 41 Page 7 of 14 Revised: December 27, 2017 I7A 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application,which were reviewed by the County Attorney's Office, demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals,objectives,and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of conformity with the relevant goals, objectives, and policies of the GMP within the GMP consistency portion of this staff report(or within an accompanying memorandum). 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. As described in the Staff Analysis section of this staff report subsection Landscape Review, staff is of the opinion that the proposed project will be compatible with the surrounding area. The Master Plan proposes the appropriate perimeter landscape buffers. 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 project meets the minimum requirement of the LDC 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. There is a significant committed improvement project scheduled for Old US 41 that is also noted in the consistency review. Operational impacts will be addressed at time of first development order(SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as wastewater disposal systems and potable water supplies to accommodate this project. Furthermore, adequate public facilities requirements will be addressed when development approvals are sought. PUDZ-PL20170001083; 15501 OLD US 41 Page 8 of 14 Revised: December 27,2017 17A 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. No deviations are proposed in connection with this request to rezone to CPUD. Rezone Findings: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable": 1. Whether the proposed change will be consistent with the goals,objectives,and policies of the Future Land Use Map and the elements of the Growth Management Plan. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives,and policies of the FLUM and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern (of the abutting properties) is described in the Surrounding Land Use and Zoning section of this staff report. The proposed use would not change the existing land use patterns of the surrounding properties. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As shown on the zoning map included at the beginning of this report, the existing district boundaries are logically drawn.The proposed PUD zoning boundaries follow the property ownership boundaries and coincide with the GMP subdistrict boundaries. The zoning map on page 2 of the staff report illustrates the perimeter of the outer boundary of the subject parcel. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary,per se, but it is being requested in compliance with the LDC provisions to seek such changes. It should be noted that the proposed uses are not allowed under the current zoning classification, PUDZ-PL20170001083, 15501 OLD US 41 Page 9 of 14 Revised: December 27, 2017 17A 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed PUD Rezone is consistent with the County's land use policies that are reflected by the FLUE of the GMP. Development in compliance with the proposed PUD rezone should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development,or otherwise affect public safety. The roadway infrastructure has sufficient capacity to serve the proposed project. Additionally,the project is located within a TCMA area and shall use at least two of the Transportation Demand (TDM) strategies at time of Site Development Plan (SDP) or Plat(PPL) to address concurrency management. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore,the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The PUD Document provides adequate property development regulations to ensure light and air should not be seriously reduced to adjacent areas. The Master Plan further demonstrates that the locations of proposed preserve and open space areas should further ensure light and air should not be seriously reduced in adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning;however,zoning by itself may or may not affect values, since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Properties to the west and south of the subject property are undeveloped, whereas the properties to the east and north are developed, as previously noted. The basic premise underlying all of the development standards in the LDC is that sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to PUDZ-PL20170001083; 15501 OLD US 41 Page 10 of 14 Revised:December 27,2017 17A improvement or development of adjacent property. Therefore,the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The proposed uses and development standards cannot be used in accordance with the existing classification. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Staff is of the opinion that the proposed PUD rezone is not out of scale with the needs of the neighborhood or County. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes, and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance,as amended. PUDZ-PL20170001083; 15501 OLD US 41 Page 11 of 14 Revised: December 27,2017 17 A The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities(APF), and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities,except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the OMP as part of the amendment process and those staff persons have concluded that no LOS will be adversely impacted with the commitments contained in the PUD Document. The concurrency review for APF is determined at the time of SDP review. The activity proposed by this rezoning will have no impact on public facility adequacy in regard to utilities. 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 Board during its advertised public hearing. DEVIATION DISCUSSION: The petitioner is not seeking deviations from the requirements of the LDC. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on October 25, 2017 at the Christus Victor Lutheran Church at 15600 Tamiami Trail North in Naples. The meeting commenced at approximately 6:00 p.m. and ended at 6:25 p.m. Handouts were distributed outlining the project overview,proposed uses,and development regulations, sign-in sheet are attached in back materials in the CCPC Package. Alexis Crespo and Lindsay Robin (Agents) conducted the meeting with introductions of the consultant team and Staff,and an overview of the proposed CPUD rezoning application,including the location of commercial buildings, intended C-3 and mail order house uses, maximum square footage of development, location of preserve areas, and access. They also outlined the rezoning process and opportunities to provide input at public hearings. Following the Consultant's presentation, the meeting was opened up to attendees to make comments and ask the Agents questions regarding the proposed development. Attendees asked about the types of products to be sold,truck traffic,Old 41 traffic congestion,the sustainability of the native preserve and any potential development near this location.They also discussed building height limitations. There were no further questions or comments. Ms. Crespo thanked the attendees for coming and noted that their contact information is available for those who wished to reach out with any further questions. Please see backup materials in the CCPC Package for further detail. ENVIRONMENTAL ADVISORY COUNCIL (EAC)REVIEW: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. PUDZ-PL20170001083: 15501 OLD US 41 Page 12 of 14 Revised: December 27,2017 I7A COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on December 27, 2017. RECOMMENDATION: Staff recommends the CCPC forward this petition to the Board with a recommendation of approval. Attachments: A) Proposed Ordinance B) FLUE Consistency Review PUDZ-PL20170001083; 15501 OLD US 41 Page 13 of 14 Revised: December 27, 2017 ? A PREPARED BY: ....« f 9 .t. 2 - TIMOTHY FINN,A ICP, PRINCIPAL PLANNER DATE ZONING DIVISION-ZONING SERVICES SECTION REVIEWED BY: I 2 . 2,017 RAYM V. BELLOWS,ZONING MANAGER DATE ZONING DIVISION-ZONING SERVICES SECTION ,72-270#4-7 — „ MIKE BOSI,AICP,DIRECTOR DATE ZONING DIVISION APPROVED BY: / - - as IS FRENCH,DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT Tentative Board of County Commissioners Hearing Date February 27, 2018. PUDZ-PL20170001083; 15501 OLD US 41 Page 14 of 14 Revised: December 19,2017