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Agenda 09/13/2011 Item # 8B9/13/2011 Item 8.B. EXECUTIVE SUMMARY PUDZ- PL2009 -1017: Estates Shopping Center PUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established 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 an Estates (E) zoning district with a Wellfield Risk Management Special Treatment Overlay to a Commercial Planned Unit Development (CPUD) zoning district with a Wellfield Risk Management Special Treatment Overlay for the project to be known as the Estates Shopping Center CPUD to allow up to 170,000 square feet of commercial development on property located in the northwest corner of the Golden Gate Boulevard and Wilson Boulevard intersection in Section 4, Township 49 South, Range 27 East, Collier County, Florida consisting of 41f acres; and providing an effective date. (Companion to Petition CP- 2008 -01). OBJECTIVE: To have the Board of County Commissioners (BCC) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this PUD rezone petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The project known as the Estates Shopping Center CPUD, proposes to develop up to 170,000 square feet of commercial development -- reduced from 190,000 square feet at the July 21, 2011 Planning Commission hearing. As depicted on the PUD Master Plan, access to the property would be from Golden Gate Boulevard, Wilson Boulevard. lst Street NW and ) rd Street NW. The exact alignment, as well as the placement of buildings, parking areas and drive aisles would be determined at the time of site development plan (SDP) approval. Approximately 4 21 acres of native vegetation, representing 1 -5 percent of the existing native vegetation, would be maintained as preserve. For additional information, please refer to the staff report prepared for the CCPC. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrencv management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. Estates Shopping PUD, PUDZ- PL2009 -1017 Page 1 of 6 Revised: 8/10/11 BCC Hearing Date 9/13/11 Packet Page -30- 9/13/2011 Item 83. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject site is located within Golden Gate Estates and designated Estates Mixed Use District, Residential Estates Subdistrict and Neighborhood Center Subdistrict on the Golden Gate Area Future Land Use Map of the Golden Gate Area Master Plan ( GGAMP). The property owner submitted a GGAMP amendment application [GGAMPA] (Petition CP- 2008 -1) that proposes to re- designate the subject property to a newly created Subdistrict entitled the Estates Shopping Center Subdistrict. This amendment, if approved, will allow up to 190,000 square feet of commercial land uses on the site (Note this is 20.000 square feet more than the PUD). The amendment contains: a specific list of allowed uses (C -1 through C -3 commercial uses, with exceptions and certain C -4 and C -5 commercial uses), and prohibited land uses; a requirement that the first certificate of occupancy issued for a commercial use must be for a grocery store with a minimum square footage of 27,000 square feet; requirements for enhanced landscape buffers; a project phasing schedule based on intersection improvements to Golden Gate and Wilson Boulevards; and requirements for preserve areas. The Growth Management Plan (GMP) amendment was transmitted to the Florida Department of Community Affairs and no objections were made in their Objections, Recommendations and Comments Report. The Adoption hearing for this GMP amendment is scheduled to be heard by the Board of County Commissioners (BCC) on September 13, 2011; the Commercial Planned Unit Development (CPUD) rezoning is scheduled for this same hearing date. A detailed analysis of the project's consistency with the FLUE, and any other relevant GMP Elements is contained in the attached Staff Report. Planning Staff finds the proposed CPUD consistent with the Golden Gate Area Master Plan Element contingent upon BCC approval of the companion Growth Management Plan amendment, Petition CP- 2008 -1, to establish the Estates Shopping Center Subdistrict. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on July 21, 2011, and by a vote of 6 to 2, recommended forwarding the request to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following changes to be made to the PUD document: 1) Exhibit A Permitted Uses: Remove the following SIC codes: 7993, 5541, 7542, 7534 and 7539. 2) Exhibit A Permitted Uses: Limit SIC 7359 to exclude the following uses: airplane rental and leasing, coin - operated machine rental and leasing; industrial truck rental and leasing; oil field equipment rental and leasing; oil well drilling equipment rental and leasing; toilets, portable: rental and leasing. 3) Exhibit A Permitted Uses: The Eating and Drinking Places use shall be revised to state there shall be no windows or walls permitted to be open to the outside, except as required by code. 4) Exhibit A Permitted Uses: Veterinary services (Use 928) shall be revised to exclude outside kenneling. 5j Exhibit A Permitted Uses: Construction Special Trade Contractors shall be revised to exclude material storage. 6) Exhibit A — Operational Standards: add outdoor music is prohibited. 7) Exhibit A — Operational Standards: revise to note Indoor restaurant uses shall be Estates Shopping PUD, PUDZ- PL2009 -1017 Page 2 of 6 Revised: 8/10/11 BCC Hearing Date 9/13/11 Packet Page -31- 9/13/2011 Item 8.13. limited to the hours of 6 a.m. to 11 p.m. 8'1 Exhibit A — Operational Standards: revise to note Outdoor dining shall be limited to the hours of 6 a.m. to 10 p.m. and alcohol service for outdoor dining shall be accessory food service. 9) Exhibit A — Operational Standards: revise to add sound amplification related to fast - food drive thru shall be limited to 6 a.m. to 9 p.m. 10) Exhibit A — Operational Standards: revise operating hours for convenience store shall be limited to 5 a.m. to 12 a.m. 11) Exhibit B, Table l: maximum square footage to be 170.000 square feet (FOR PUD ONLY). 12) Exhibit B — Footnotes: The grocery store shall be between 27,000 and 60.000 square feet. 13) Exhibit B — Footnotes: One other use to be maximized at 30.000, another at 20,000 square feet and all others less than or equal to 15,000 square feet. 14) Exhibit B — Footnotes: Remove footnote on Exhibit B 42 related to finished first floor and renumber the others. 15) Exhibit B — Footnotes: Add: Other than grocery store, no other building can be greater than 30,000 square feet. 16) Exhibit C — Dumpster locations shall be shown and their locations shall be limited to no closer distances from external property lines than what is shown. 17) Exhibit E — A.3: revise the language consistent with modification made orally during the CCPC hearing, which reads as follows: The County will allow construction of a full median opening at the project entrance between Ist and 3rd, after approval of right -of- -way permit. The design and construction shall be the responsibility of the Developer. Should the project entrance access point meet signal warrants and if approved by the County, the Developer will be responsible for all design and construction/installation costs of a traffic signal. The County reserves the right to modify the median opening should there be safeo, or documented capacity issues. Signalization, if warranted, must also be timed with the existing signal at Golden Gate Boulevard and Wilson Boulevard, with the Wilson Boulevard and Golden Gate Boulevard signal prioritized for green time. 18) Exhibit E — A.4: revise the language to replace the project number with descriptive lan uage. to read as follows: The last 70, 000 square feet of the project shall not receive SDP approval from the Growth Management Division until commencement of County's proposed improvements to the intersection of Golden Gate Boulevard and Wilson Boulevard, unless the Developer has elected to commence construction of the intersection improvements in advance of the County (the non -site related portion of the cost of said improvements shall be eligible for road impact fee credits). No certificates of occupancy shall be issued.for this phase until said intersection improvements are complete. This phase shall also have proportionate share responsibility toward the cost of the intersection of Wilson and Golden Gate Boulevard. For the purposes of this commitment "intersection improvements" shall mean four lanes of approaching and departing traffic travelling north /south and east /west and dual left turn lanes and right turn lanes in all directions except the southbound right turn lane on Wilson Boulevard being a dual right turn lane. 19) Exhibit E — A.7: add a requirement to post "no truck traffic" at appropriate entries where truck traffic is not supposed to use. Estates Shopping PUD, PUDZ- PL2009 -1017 Page 3 of 6 Revised: 8/10/11 BCC Hearing Date 9/13/11 Packet Page -32- 9/13/2011 Item 8. B. 20) Exhibit E — B.1: shall be revised to add "if constructed by Developer." 21) Exhibit E — C.l.c: shall be revised to modify language to indicate the Developer will provide evidence and not County Engineer. 22) Exhibit E — C.3: add the north buffer exhibit submitted at the CCPC hearing to the PUD document and indicate 80% opacity will be achieved. 23) Exhibit E — C.4: revise condition to require installation of a six -foot high sound wall along the preserve area north of the grocery store from the east offset line to the edge of the service road shown on the CPUD master plan (Exhibit C). The petitioner has made these revisions to the PUD document that is included in the draft ordinance. Commissioner Schiffer did not support the approval motion stating that he did not think the petition proposed a creative design. Commissioner Schiffer also stated that he thought the project was too large. Commissioner Ebert voted against the motion stating that she thought the shopping center was too large for the area. She said she thought this shopping center would be more suitable to an urban area rather than the more rural Estates area. Commissioner Klein was absent. Because the CCPC approval recommendation was not unanimous, this petition cannot be placed on the Summary Agenda. LEGAL CONSIDERATIONS: [Quasi judicial, Four -fifths vote for approval] This is a site specific rezone from an Estates Zoning District with a Wellfield Risk Management Special Treatment Overlay to a Commercial Planned Unit Development (CPUD) Zoning District for a project to be known as the Estates Shopping Center CPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone. to detennine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for CPUD Rezones Ask vourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: 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. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, 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? Findings and recommendations of this type shall he made onli.7 after consultation with the Couno� Attorney. 3. Consider: Conformity of the proposed CPUD with the goals, objectives and policies of the Growth Management Plan. Estates Shopping PUD, PUDZ- PL2009 -1017 Page 4 of 6 Revised: 8/10/11 BCC Hearing Date 9/13/11 Packet Page -33- 9/13/2011 Item 8.13. 4. Consider: 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. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with CPUD 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. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed CPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested CPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peal: volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Estates Shopping PUD, PUDZ- PL2009 -1017 Page 5 of 6 Revised: 8/10/11 BCC Hearing Date 9/13/11 Packet Page -34- 9/13/2011 Item 8.13. 21. Are there substantial reasons why the property cannot ( "reasonably ") be used in accordance with existing zoning? (a "core" question...). 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: * 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. 25. Consider: The impact of development resulting from the proposed CPUD rezone 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 [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the CPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This item has been reviewed for legal sufficiency and is legally sufficient for Board action. An affirmative vote of four is necessary for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board of County Commissioners approve the request subject to the attached PUD Ordinance that includes both the staff recommendation and the CCPC recommendation. PREPARED BY: Kay Deselem, AICP, Principal Planner, Zoning Services Section, Land Development Services Department, Growth Management Division, Planning and Regulation Attachments: 1) Staff Report 2) Application 3) Ordinance Estates Shopping PUD, PUDZ- PL2009 -1017 Page 6 of 6 Revised: 8/10/11 BCC Hearing Date 9/13/11 Packet Page -35- 9/13/2011 Item 83. COLLIER COUNTY Board of County Commissioners Item Number: 8.B. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. PUDZ- PL2009 -1017: Estates Shopping Center CPUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established 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 p-roperty from an Estates (E) zoning district with a Wellfield Risk Management Special Treatment Overlay to a Commercial Planned Unit Development (CPUD) zoning district with a Wellfield Risk Management Special Treatment Overlay for the project to be known as the Estates Shopping Center CPUD to allow up to 170,000 square feet of commercial development on property located in the northwest corner of the Golden Gate Boulevard and Wilson Boulevard intersection in Section 4, Township 49 South, Range 27 East, Collier County, Florida consisting of 41± acres; and providing an effective date (Companion to Petition CP- 2008 -01). Meeting Date: 9/13/2011 Prepared By Name: DeselemKay Title: Planner, Principal.Engineering & Environmental Ser 8/10/2011 12:52:52 PM Approved By Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 8/10/2011 5:47:50 PM Name: LorenzWilliam Title: Director - CDES Engineering Services.Comprehensive Date: 8/17/2011 4:58:35 PM Name: PuigJudy Title: Operations Analyst, CDES Packet Page -36- Date: 8/23/2011 4:27:48 PM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 8/24/2011 1:24:21 PM Name: AshtonHeidi Title: Section Chief /Land Use - Transportation, County Attor Date: 8/24/2011 4:54:49 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 8/29/2011 7:52:54 AM Name: klatzkowJeff Title: County Attorney, Date: 8/29/2011 2:20:35 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 9/2/2011 3:13:12 PM Name: OchsLeo Title: County Manager Date: 9/3/2011 11:07:50 AM Packet Page -37- 9/13/2011 Item 8.B. 9/13/2011 Item 8. B. AGENDA ITEM S-E TO: COLLIER COUNT`t7 PLANNING COMMISSION FROM: ZONING SERVICES--LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVIS1O]NT--PLANNING k REEGULATIONT HEARING DATE: JULY 21, 2011 SUBJECT: PTJDZ-PL2009-1017, ESTATES SHOPPING CENTER CPUD V COMPANION ITEM CP-2000-1 PROPER, T17 0'%VNER & APPLICANT/AGENT: Owner/ Applicant: Agents: Kenneth R. Johnson, as Trustee D. Wayne Arnold, AICP Mr. Richard D. Yovanovich, Esq. CIO Coleman, Yovanovicli & Koester, 1 3800 Via Del Rey Coleman, Yovanovich & Koester, P.A. Northern Trust Bank Building Bonita. Springs, FL 34134 Northern Trust Bank Building Z� 4001 Tamiami Trail North, Suite 300 4001 Tamiami Trail North, Suite 300 Naples, F'_ 34103 Naples, FL 34103 RE VESTED, ACTION !. Ti_ The petitioner is asking the Col I er, C;ounry Pianning Clom-r-nission. (CCPI--') to consider an application for a. rezone from the Estates (E) Zoning District with a Well!5eld Rish Managemerrt 'imuie" -jn�-, De�v-iopm- ('PUD, "Lloninc, Dism'!'Ct with Treatment Ov kia-y- to the Commercial P ent C a Wollfield Rislz Management Treatment Cdveriay., for a nroiec� tc-� be Imown as the Estates- Shopping Center CPUD. GEOGRA,P19C LOCkTFON, The 40.6± acre subject property is located at the northwest corner of"Golden Gate and Wilson Boulevards, within Section 4, Township 49 South, Range 27 East. The site extends west from Wilson Boulevard to 3rd Street NW. (See location map and proposed PUD Master Plan on the following pages.) ��itlaawuj f5,pproval of this prow.-. imovm as Estates, Sopping C-ente- CPUD, will alioVT Up to 190,000 square feet of commercial development. As depicted on the PUD Master Plan, access to the property would be from Golden Gate Boulevard, Wilson Boulevard, I" Street NW and 0`6 Street Estates Shopping CPUD, PUD7_PL200,Q-10'i7, Page I of 16 July 21, 2011 CCPC1 Revised: 6123/1'1 Packet Page -38- 9/13/2011 Item 8.B. -1� ME 3 DJ 01 LON n G p u ir 6 i L � aavramoa uosiim i C� a+ ja awn3moe uos�w. ys: t k WE pII a r �I -1� ME 3 DJ 01 LON rOL. t:L rags -Z):7- a 1" 0 0 N J d N 0 IL CEO n G p u ir 6 i L � aavramoa uosiim i rOL. t:L rags -Z):7- a 1" 0 0 N J d N 0 IL CEO B L� = e Nn RC N � W N z❑ �gN a O w Nu W WU N W N Z= �p N 5 0 rc wW N� p N 5 z i mLL wy (9 j J W U w ENNaNCEn_ WZ ❑ °g y U 4w WW WW Q o J �N " sW rvrc I II I I II °- I IL F z tl OJ 2❑ OJ 1 U I WLLSON BOULEVARD NORTH ?> ENNaNCEn_ WZ IY L 0� °g yy °� aj Q o .� a 0 O'I IL F tl „ ...`` . . . . . . . . . r . .^ .-� .•. .• n r 1 J ' wlUt ENHANCED E D BUFFE WZ IY L 0� °g Na aj Q o .� 6 17 m T.•.•.11 v a �1 �U Y 3D' WIDEENNANCEDTYPE D BUFFER 9/13/2011 Item 8.B. ?�8 U QiNn 2!' 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Approximately 4.21 acres of native vegetation, representing 15 percent of the existing native vegetation, would be maintained as preserve. 9„ .0 � i 11 'i'll, � lial'i1i'lli i 1� q�� !11 � 1,1111 I . �° t North: Developed with single-family homes (except north of middle tract which is occupied by a small Conicast facility'; zoned E, Estates; and designated Estates (Mixed Use District, Residential Estates Subdistrict) on the GGAMP Future Land Use Map. South: Across Golden Gate Boulevard, a four-lane divided road, developed single-family homes and undeveloped tracts, zoned E, Estates and designated Estates (Mixed Use District, Residential Estates Subdistrict) on the GGAMP Future Land Use Map; and a Walgreens pharmacy, zoned PUD (Snowy Egret Plaza) and undeveloped tracts, zoned E, Estates and designated Estates (Mixed Use District, Neighborhood Center Subdistrict) on the GGANT Future Land Use Map. West: Across 3rd Street NW, developed, single-family homes; zoned E, Estates; and designated Estates (Mixed Use District, Residential Estates Subdistrict) on the GGAMP Future Land Use Map. East: Across Wilson Boulevard, a 2-lane undivided road, undeveloped tract, zoned E, Estates and designated Estates (Mixed Use District, Residential Estates Subdistrict) on the GGAMP Future Land Use Map; and a developed tract, zoned C-2, and two undeveloped tracts, zoned E, Estates and designated Estates (Mixed Use District, Neighborhood Center Subdistrict) on the GGAMP Future Land Use Map. Aerial Photo (subject site depiction is approximate) Estates Shopping CPUD, PUDZ_PL2009-1017 Page 2 el 16 July 21, 2011 CdPC Revised: 6/23/11 Packet Page -41- 9/13/2011 Item 8. B. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCE': Future Land Use Element (FLUE): The subject site is located within Golden Gate Estates and designated Estates Mixed Use District, Residential Estates Subdistrict and Neighborhood Center Subdistrict on the Golden Gate Area Future Land Use Map of the Golden Gate Area Master Plan (GGAMP). The property owner submitted a GGAMP amendment application [GGAMPA] (Petition CP- 2008 -1) that proposes to re- designate the subject property to a newly created Subdistrict entitled the Estates Shopping Center Subdistrict. This amendment, if approved, will allow up to 190,000 square feet of commercial land uses on the site. The amendment contains: a specific list of allowed uses (C -1 through C -3 commercial uses, with exceptions and certain C -4 and C -5 commercial uses), and prohibited land uses; a requirement that the first certificate of occupancy issued for a commercial use must be for a grocery store with a minimum square footage of 27,000 square feet; requirements for enhanced landscape buffers; a project phasing schedule based on intersection improvements to Golden Gate and Wilson Boulevards; and requirements for preserve areas. The Growth Management Plan (GMP) amendment was transmitted to the Florida Department of Community Affairs and no objections were made in their Objections, Recommendations and Comments Report. The Adoption hearing for this GNP amendment is scheduled to be heard by the Board of County Commissioners (BCC) on September 13, 2011; the Commercial Planned Unit Development (CPUD) rezoning is scheduled for this same hearing date. Staff has reviewed the applicable Goal and Policies of the GGAMP. Below is the GGAMP text (in italics) followed by staff analysis (in bold). GGAMP Goal 5: Future growth and development within Golden Gate Estates will balance the desire by residents for urban amenities with the preservation of the area's rural character, as defined by wooded lots, the keeping of livestock the ability to grow crops, wildlife activity, low - density residential development; and limitations on commercial and conditional uses. Consistency with this Goal is contingent upon BCC approval of the companion GMP amendment, Petition CP- 2008-I, to establish the Estates Shopping Center Subdistrict. GGAMP Policy 5.1.1: Consistent with public safety requirements, street, recreational and structure lighting within Golden Gate Estates shall be placed, constructed and maintained in such manner as to prevent or reduce light pollution. In implementing this Policy, the County shall apply the following standards: a. If a streetlight or an area light is required, it shall be of the type specified to protect neighboring properties from direct glare. Area lighting shall be shielded such that direct rays do not pass property lines. Low-pressure sodium lamps are encouraged while halogen type lights are discouraged. 1. Where required, the street lamp shall be of the high pressure sodium type and have a "cobra head with flat bottom" style or be fully shielded so that light is directed only n downward. Street lamps shall be mounted on a wood pole at a height and wattage recommended by the appropriate electric utility and as appropriate for a rural area. Estates Shopping CPUD, PUDZ- PL2009 -1017 Page 3 of 16 July 21, 2011 CCPC Revised: 6/23/11 Packet Page -42- 9/13/2011 Item 8.13. 2. Parking lot lamps shall be low-pressure sodium type lamps and shall be mounted so that they point downward without direct rays extending past the parking lot, building entrance, walkway, or other area intended to be illuminated. b. Where lighting of recreational areas is required, such lighting shall be mounted so as to focus illumination on 'the areas intended to be illuminated, and to limit the amount of light that extends outside of the intended area. c. This policy shall not apply to Tract 124 and the north 150 feet of Tract 126, Unit 12, Golden Gate Estates, located in the southwest quadrant of the Wilson and Golden Gate Boulevards Neighborhood Center. The proposed CPUD contains consistent Policy language which addresses project lighting. GGAMP Policy 5.3.2: The Land Development Code shall continue to allow the preservation of native vegetation and wildlife indigenous to the Estates Area The CPUD contains provisions for native vegetation retention on the site, which may be deemed consistent with the Policies of the Conservation and Coastal Management Element (CCME). The pending GMP amendment includes text that identifies the proposed native vegetation preserve on the master plan as satisfying Policy 6.1.1. of the COME. As proposed, the CPUD will include approximately 4.2 acres of retained and revegetated preserve areas. In reviewing for compliance with Objective 7 and related Policies (shown in italics) of the Future Land Use Element (FLUE) regarding Smart Growth principles (interconnections, loop road, sidewalks /trails, etc.), staff provides the following analysis in bold text. FLUE Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. The project has frontage on two collector roads and will provide connections to the existing and proposed sidewalks that will be located in the future roadway improvements. FLUE Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on -nearby collector and arterial roads and minimize the need for traffic signals. The proposed CPUD master plan identifies that the project will have internal access roads that will permit vehicles and pedestrians to safely move throughout the site, with limited need to utilize the adjacent collector roadways. FL UE Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The southern, eastern and western property boundaries are adjacent to public roadways. The northern property boundary abuts properties zoned Estates and are not eligible for commercial development; these properties are limited to single family development. A preserve area/buffer is located along the entire northern boundary of the site. Interconnection to these properties to the north is not provided and staff does not believe doing so is necessary. Estates Shopping CPUD, PUDZ- P12009 -1017 Page 4 of 16 July 21, 2011 CCPC Revised: 6123111 Packet Page -43- 9/13/2011 Item 8. B. Based on the above analysis, Comprehensive Planning Staff finds the proposed CPUD consistent with the Golden Gate Area Master Plan Element contingent upon Board approval of the companion Growth Management Plan amendment, Petition CP- 2008 -1, to establish the Estates Shopping Center Subdistrict. Transportation Element: Transportation planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that this project can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan with the provision of mitigation as stated in Exhibit E of the PUD. Traffic Impacts (Staff comments are limited to the significant impacts shown on the initial concurrency links.) Golden Gate Boulevard: The first concurrency link that would be impacted by this project is Link 17, Golden Gate Boulevard between CR -951 and Wilson Boulevard. The project would generate up to 160 PM peak hour, peak direction trips on this link, which represents a 6.81% impact. This concurrency link reflects a remaining capacity of 564 trips in the draft 2010 AUIR and is at Level of Service D. The second concurrency link that would be impacted by this project is Link 123, Golden Gate Boulevard between Wilson Boulevard and Everglades Boulevard. The project would generate up to 119 PM peak hour, peak direction trips on this link, which represents an 11.76% impact. This concurrency link reflects a negative remaining capacity of -73 trips in the draft 2010 AUIR and is at Level of Service F. This roadway is currently in the County's 5 year CIE. Due to the project's location at this major intersection the project will capture vehicles which are already on Golden Gate Boulevard east of Wilson Boulevard and traveling west to obtain the services to be provided by the project. The development of this commercial PUD will have a positive impact on green house gas reductions and shorten vehicle miles traveled for many Estates residents. Specific mitigation to address the impact to this roadway link is discussed below. Wilson Boulevard. The first concurrency link on Wilson Boulevard that would be impacted by this project is Link 118, Wilson Boulevard between Golden Gate Boulevard and the northerly terminus of Wilson (north of Irnmokalee Road). The project would generate up to 86 PM peak hour, peak direction trips on this link, which represents a 9.35% impact. This concurrency link reflects a remaining capacity of 569 trips in the draft 2010 AUIR and is at Level of Service B. Network improvements and specific dedications have been proposed which mitigate the significant impacts on this link. Conservation and Coastal Management Element (COME): Environmental staff has evaluated the proposed PUD for compliance with the CCME. The proposed native vegetation preserve area is consistent with the area identified as preserve within the Estates Shopping Center Subdistrict and includes areas containing existing native vegetation as well as areas where native vegetation will be re- established on the site. Environmental review staff recommends this petition be deemed consistent with the Conservation & Coastal Management Element (CCME). Estates Shopping CPUD, PUDZ- PE2009 -1017 Page 5 of 16 July 21, 2011 CCPC Revised: 6/23111 Packet Page -44- 9/13/2011 Item 8. B. GMP Conclusion: ^ The GMP is the prevailing document to support land use decisions such as this proposed rezoning to CPUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GNP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the GGAMP, FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the Collier County Growth Management Plan as discussed above. The proposed rezone is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, zoning staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. 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 Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings "), and Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the bases for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its 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 Services staff is recommending approval subject to the Environmental conditions contained in Exhibit F of the PUD document. Due to the amended LDC requirements, this project is not required to be heard by the Environmental Advisory Council unless that action is a directive of the CCPC or BCC. The project site contains approximately 28 acres of native vegetation that generally consists of pine flatwoods. A minimum of 15% of the existing native vegetation shall be placed under preservation and dedicated to Collier County. The proposed 4.2 -acre preserve area is located primarily along the northern and western portions of the project site. No listed species were found on site. Well field Risk Management Overlay Zone: The Collier County Pollution Control Department has confirmed that the proposed wastewater area shown on the master plan is located outside the restricted Wl zone of Wellfield Risk Management Special Treatment Overlay Zone (3.06 LDC). Any on -site water and wastewater systems will be required to obtain separate permits through the Department of Environmental Protection (DEP) and South Florida Water Management District (SFWMD). Those permitting agencies will be responsible for evaluating and assuring that there are no negative impacts to individual potable water wells near the proposed commercial PUD. Transportation Review: Transportation Division staff has reviewed the petition and the PUB document and Master Plan for right -of -way and access issues. The property owner, through the pending Estates Shopping Center Subdistrict of the GGAMP has made commitments on project phasing and ROW dedication which are consistent with the proposed improvements to Golden Gate Boulevard. and Wilson Boulevard. Estates Shopping CPU€}, PUDZ- PL2009 -1017 Page 6 of 16 July 21, 2011 CCPC Revised: 6/23111 Packet Page -45- 9/13/2011 Item 8.13. Appropriate mitigation for transportation impacts has been included as conditions in the PUD exhibits. This mitigation is consistent with the requirements of the Estates Shopping Center Subdistrict of the GGAMP. Access conditions have also been included in the PUD. The Developer has also agreed to coordinate with the Collier County Public School District to provide for a student bus stop adjacent to the PUD. The Developer has also committed to coordinate with the Collier County Area Transit (CAT) program to install a transit shelter adjacent to the PUD. Transportation Division staff recommends approval of the PUD, subject to the commitments contained in the draft PUD ordinance. Zoning Services Review: The Master Plan shows the location of the proposed development areas including the conceptual building orientation. The largest development tract will be on the parcel of land between 3rd Street NW and 15t Street NW. The project's primary access from Golden Gate Blvd. is proposed to be located on this tract. The Developer will also be providing private water and wastewater services on -site and has provided for a large area immediately west of the principal development tract for these utility services. The master plan depicts enhanced buffers along all property lines, in compliance with the proposed GGAMPA. Conceptual graphic depictions of these buffers have been included as exhibits to the PUD. Staff is of the opinion that the enhanced buffers are consistent with the representations made by the Developer's representatives during the public hearing process for the comprehensive plan amendment and the CPUD application. FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. There has to be a balance between the adjacent existing uses and what is allowable by the GMP. The entire 40.6 acre site is located within a pending new land use category in the GGAMP (Estates Shopping Center Subdistrict). Many compatibility issues were discussed throughout the review of the comprehensive plan amendment application. Comprehensive Planning Staff and the applicant have attended numerous meetings with homeowners in the Golden Gate Estates area in which issues such as compatibility of the proposed commercial project were discussed. In response to many of the comments, the PUD document has been tailored to address expressed concerns. For example, the PUD contains an extensive list of permitted and prohibited land uses. The majority of the permitted uses are consistent with C -1 through C-4 land uses. Some C -5 uses such as contractor offices are permitted; however, the Developer has restricted these uses to office functions only and has prohibited equipment storage. Standalone bars or nightclubs have been prohibited from the list of permitted uses due to compatibility concerns with nearby residences and community character. The PUD also includes restrictions on hours of operation and deliveries for businesses. The proposed delivery and hours of operation are consistent with those included in the Brooks Village PUD, which is located at Pine Ridge Road and Collier Estates Shopping CPUD, PUDZ- PL2009 -1017 Page 7 of 16 July 21, 2011 CCPC Revised: 6/23/11 Packet Page -46- 9/13/2011 Item 8. B. Boulevard, because that property also abuts Estates zoned properties. Based on concerns over n noise impacts, the Developer has agreed to prohibit outdoor amplified music or televisions in conjunction with restaurant uses. The comprehensive plan amendment included some development standards relative to building placement. The CPUD development table includes the committed building setbacks, and establishes other setbacks from each property boundary. The proposed development table is shown below. DEVELOPMENT STANDARDS ESTATES SHOPPING CENTER CPUD PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUM LOT WIDTH. 75 Ft. N/A MINIMUM YARDS External From Wilson Boulevard 50 Ft. 45 Ft. From Golden Gate Boulevard 55 Ft. 15 Ft. From Northern Project Boundary 125 Ft. 125 Ft. From 3 Street NW 300 Ft. 300 Ft. From 1s Street NW 35 Ft. 30 Ft. MINIMUM YARDS internal Internal Drives/ROW 20 Ft. 5 Ft. Rear 15 Ft. 10 Ft. Side 10 Ft. 10 Ft. Preserve 25 Ft. 10 Ft. MIN. DISTANCE BETWEEN STRUCTURES' 20 Ft. or the sum of the building heights N/A MAXIMUM HEIGHT (single story only) Zoned Actual 35 Ft. 45 Ft. 35 Ft, 35 Ft. MINIMUM FLOOR AREA 1,000 Sq. Ft. 2 N/A 'MAX. COMMERCIAL SQUARE FEET3 190,000 Sq. Ft. N/A 1 Whichever is greater. Z Per principal structure, on the finished first floor. s One grocery store a minimum of 27,000 square feet must be constructed and receive the first certificate of occupancy as part of Phase I construction. No use, other than the grocery store, may exceed 30,000 square feet. Other standards included in the PUD which address neighborhood compatibility include a limitation allowing only single -story buildings within the PUD, a minimum commercial building setback of 300' from 3`d Street NW and a minimum building setback of 125' from the northern property boundary. Outdoor lighting will be consistent with the lighting criteria specified in Policy 5. 1.1 of the GGAMP. The enhanced project buffers have been discussed previously, and staff considers the buffers a significant component to address neighborhood compatibility. Estates Shopping CPUD, PUDZ- PL2009 -1017 Page 8 of 16 July 21, 2011 CCPC Revised: 6/23/11 Packet Page -47- 9/13/2011 Item 8.13. -'� With the reduced height, increased setbacks, enhanced buffers and proposed use limitations, staff is of the opinion that this project will be compatible with the adjacent uses and zoning in the area. Deviation Discussion: The petitioner is not seeking deviations from the requirements of the LDC. FINDINGS OF FACE': PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staff's responses to these criteria are provided in bold font): 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed rezone and believes the uses and property development regulations are compatible with the development approved in the area. The commitments made by the applicant provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed. Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion and the zoning analysis of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Estates Shopping CPUD, PUDZ- PL2009-1017 Page 9 of 16 July 21, 2011 CCPC Revised: 6/23/11 Packet Page -48- 9/13/2011 Item 8.13. Staff has provided a review of the proposed uses and believes that the project will be compatible with the surrounding area, subject to approval of the recommended development standards and project commitments regarding increased setbacks and buffers and use limitations. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve aside for this project meets the minimum requirement of the LDC. With the proposed enhanced buffers, the project will exceed the minimum open space required for commercial development. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. A phasing schedule has been developed by Transportation staff which addresses availability of roadways concurrent with development. 7. The ability of the subject property and of surrounding areas to accommodate expansion. This PUD encompasses the entire GGAMP (Estates Shopping Center Subdistrict) area GMPA. Use expansion outside this PUD's boundaries would require a GGAMP amendment. The project is consistent with the pending amendment to the GGAMP which will permit commercial development only on the 40.6 acre site. g. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is not seeking any deviations. Rezone Findings: LDC Subsection 10.03.05.1. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staffs responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in -depth review of the proposed project. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP and GGAMP. The petition can also be deemed consistent with the CCME. Therefore, staff recommends that this petition be deemed consistent with the GMP. Estates Shopping CPUD, PUDZ- PL2009 -1017 Page 10 of 16 July 21, 2011 CCPC Revised: 6/23111 Packet Page -49- 9/13/2011 Item 8. B. 2. The existing land use pattern; Staff has described the existing iand use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed rezone is appropriate given the existing land use pattern, and development restrictions included in the PUD. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD rezone) would not create an isolated zoning district because lands to the south and southeast are also zoned PUD (Snowy Egret Plaza CPUD and Wilson Boulevard Center PUD). SUBJECT PROPERTY 40.ft ACRES M� QAIE Mum M" UAIE =-in COUM "TE VMIM cam "M MAM UW SUM "'M MAM "V M*� M 12 wr to 4. 91'hether existing district boundaries are. illogically drawn in relation to existing conditions on the property proposed for change. FT17zethe,- changed or changing Conditions make tiie p 7 t ass age o - ne proposed rezoning necessary. Estates Shopping CPUD, PUDZ-PL2000,-101,7 Page 11 & 16 Juiy 21, 2011 CCPC Revised: 6123111 Packet Page -50- 9/13/2011 Item 8.13. 6 Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed rezone, with the commitments made by the applicant, can been deemed consistent County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes numerous restrictions and standards that are designed to address compatibility of the project. 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 for Golden Gate Boulevard west of Wilson Boulevard and all of Wilson Boulevard has adequate capacity to serve the proposed project at this time. For the segment of Golden Gate Boulevard east of Wilson Boulevard, the project will capture vehicles already on Golden Gate Boulevard east of Wilson Boulevard and traveling west to obtain the services to be provided by the project. This project will positively impact Golden Gate Boulevard east of Wilson Boulevard. The project will minimally increase traffic at the intersection of Golden Gate Boulevard and 1St and 3' Streets NW. The roadway north of the project boundary on 1St and 3rd Streets NW, where single -family home sites exist will be not impacted by passerby traffic. 8. Whether the proposed change will create a drainage problem; The proposed rezone will not create drainage or surface water problems. The developer of the project will be required to obtain a surface water management permit from the SFWNID prior to approval of a local site development plan. The conceptual master plan identifies the conceptual location of the water management areas which will be a component of the water management system. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this rezone petition is approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The single story height of the proposed buildings, combined with the large setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. Estates Shopping CPUD, PUDZ- PL2009 -1017 Page 12 of 16 July 21, 2011 CCPC Revised: 6/23111 Packet Page -51- 9/13/2011 Item 8. B. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The property currently has a zoning designation of Estates. Without a rezoning of the property from Estates to PUD or conventional commercial, no commercial development may occur on the property. Through on -going studies including the recently prepared Horizon Study and market demand analysis prepared by staff and the applicant, there is 10-1k, anticipated to be an increased demand for commercial development throughout the Estates area. Staff believes the proposed rezone meets the intent of the PUD district and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The petitioner proposes to develop a maximum of 190,000 square feet of gross leasable commercial uses. The petitioner has proposed property development regulations to allow establishment of those uses in a manner that is in a scale appropriate with the surrounding community. All commercial buildings will be single story structures and will be developed in a Key West, Bermuda or Old Florida architectural style. Except for the required grocery store use, no other individual commercial user can exceed 30,000 square feet; thereby limiting the scale of the development. The proposed location of buffers, preserves, and lakes will also address building scale and insure that it is consistent with the needs of the area. The size of the project issue was part of the straw poll of registered voters in the November 2010 election, and 76% of the voters supported this size project. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed rezone is consistent with the GMP as discussed in other portions of the staff report. Estates Shopping CPUD, PUDZ- PE2009 -1017 Page 13 of 16 July 21, 2011 CCPC Revised: 6/23/11 Packet Page -52- 9/13/2011 Item 8.13. 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. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezone process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. The NIM meeting was duly noticed by the applicant and held on May 5, 2011. Richard D. Yovanovich, agent for the applicant opened the meeting at 6:10 p.m. In attendance were Kay Deselem and Michele Mosca representing Collier County, and D. Wayne Arnold with Q. Grady Minor and Associates and Ted Treesh with TR Transportation Consultants, Inc. representing the applicant. At the time the meeting began, approximately 25 people were in attendance. A sign - in sheet was provided at the entrance of the meeting room for the attendees to provide their name, address, email and phone number. A color rendering of the conceptual site plan for the property was displayed at the front of the meeting room. Mr. Yovanovich gave a brief overview of the rezone petition and he then explained how the rezoning petition related to the Comprehensive Plan transmittal process. Mr. Yovanovich discussed the favorable results from the election that had taken place in 2010 where the 190,000 square foot grocery anchored shopping center was a straw ballot question. Mr. Yovanovich discussed the major key elements of the zoning application including general permitted and prohibited uses, extensive enhanced buffers, prohibition on outdoor amplified music, project access points and phasing schedule. Mr. Yovanovich emphasized that a grocery store at least 27,000 square feet in size must be the first certificate of occupancy issued for the project. Hearing dates for both the transmittal hearing and the rezone petition were also provided to the attendees. Estates Shopping CPUD, PUDZ- PL2009 -1017 Page 14 of 16 July 21, 2011 CCPC Revised: 6/23/11 Packet Page -53- 9/13/2011 Item 8. B. Several attendees asked questions to which Mr. Yovanovich and Mr. Arnold responded. General areas of questioning included: water management, landscape buffering, improvements to Wilson Blvd. and Golden Gate Blvd., building size and heights, development time frames, fire protection, hours for garbage pick -up, hours of operation, outdoor seating, water /wastewater treatment plant maintenance, security, safety of children at the bus stop and the location of outdoor seating. Mr. Yovanovich invited anyone with further questions to contact him, Mr. Arnold, Ms. Deselem or Ms. Mosca. The meeting was adjourned at approximately 7:00 p.m. [Submitted by the petitioner's agent] COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on , 2011. RECOMMENDATION: Zoning and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PLTDZ- PL2009 -1017 to the BCC with a recommendation of approval. Estates Shopping CPUD, .PUDZ- PL2009 -1017 Page 15 of 16 July 21, 2011 CCPC Revised: 6/23/11 Packet Page -54- PREPARED BY: 1 J` KAY DELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: f RAYMOND V. BELLOWS, ZONING MANAGER k. DEPARTMENT OF LAND DEVELOPMENT SERVICES 9/13/2011 Item 8.13. gal 1 DATE -- x DATE ti f. LLIAM D. LO ? , JR., P. , DIRECTOR DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES �-� ;, NICK CASALANGUII3`A, DEPt Y ADMINISTRATOR GROWTH MANAGEMENT DIVISION DATE Tentatively scheduled for the September 13, 2011 Board of County Commissioners Meeting Estates Shopping CPUD, PUDZ- PL2009 -1017 July 21, 2011 CCPC Revised: 6121111 Packet Page -55- Page 17 of 17 9/13/2011 Item 8.13. CorCer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 PUDZ- PL2009 -1017 REV:2 PETITION NO ESTATES SHOPPING CENTER CPUD DATE: 5/6/11 PROJECT NAME DUE: 616111 DATE PROCESSED L. APPLICANT INFORMATION NAME OF APPLICANT(S) KENNETH R. JOHNSON AS TRUSTEE ADDRESS 4001 NORTH TAMIAMI TRAIL, SUITE 300 CITY NAPLES STATE FL ZIP 34103 TELEPHONE* 239.435.3535 CELL # FAX # 239.435.1 21 8 E -MAIL ADDRESS: NAME OF AGENT D. WAYNE ARNOLD, AICP ADDRESS 3800 VIA DEL REY CITY BONITA SPRINGS STATE FL ZIP 34135 TELEPHONE # 239.947.1 144 CELL # FAX # 239.947.0375 E -MAIL ADDRESS: WARN OLD@GRADYMIN OR. COM NAME OF AGENT RICHARD D. YOVANOVICH, ESQ. ADDRESS 4001 NORTH TAMIAMI TRAIL, SUITE 300 CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239.435.3535 CELL # FAX # 239.435.121 8 E -MAIL ADDRESS: RYOVANOVICH @CYKLAWFIRM.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Packet Page -56- 4 so N 0 N M rn Cqi ie1r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. information can be found on the Board of County Commissioner's website at http: / /www.colliergov.net/index.aspx?page=774 NAME OF HOMEOWNER ASSOCIATION: GOLDEN GATE ESTATES AREA CIVIC ASSOC. MAILING ADDRESS PO BOX 990596 CITY NAPLES STATE FL ZIP 34116 NAME OF HOMEOWNER ASSOCIATION: HOME OWNERS ASSOCIATION OF GOLDEN GATE ESTATES MAILING ADDRESS 2335 TAMIAMI TRAIL SUITE 308 CITY NAPLES STATE FL ZIP 34103 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP .01- 9/13/2011 Item 8.B Cot'fier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 Disclosure of Interest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). of Name and Address Ownership N/A b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. 'Name and Address of Ownership N/A C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address % of Ownership Kenneth R. Johnson as Trustee Robert A and Barbara A Crown 100% Kenneth R. Johnson as Trustee of Gold Gate Boulevard West Trust Robert A and Barbara A Crown 100% d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Name and Address of Ownership N/A e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract Packet Page -58- 0 N 0--m- CY) 0) co' County COLLIER COUNTY GOVERNMENT 2804 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW { 39) NAPLES, FLORIDA R (239) 643 -6968 WWW.00LLIERG0V.NET purchasers below, including the officers, stockholders, beneficiaries, or partners. N/A of Name and Address Ownershi Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address N/A g. Date subject property acquired ® leased ❑ Term of lease yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or .agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed legal description of the property covered by the application: A PORTION OF GOLDEN GATE ESTATES, UNIT NO.11, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF TRACT 144 OF GOLDEN GATE ESTATES, UNIT NO.11, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89'40'50" WEST, ALONG THE SOUTH LINE OF SAID GOLDEN GATE ESTATES, UNIT No. 11, FOR A DISTANCE OF 2,000.00 FEET TO THE SOUTHWEST CORNER OF TRACT 107 OF SAID GOLDEN GATE ESTATES, UNIT No.11; THENCE RUN NORTH 00. 19'10" EAST, FOR A DISTANCE OF 860.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 106 OF SAID GOLDEN GATE ESTATES UNIT No.11; THENCE RUN SOUTH 89'40'50" EAST, FOR A DISTANCE OF 660.00 FEET TO THE SOUTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 111 OF SAID GOLDEN GATE ESTATES, UNIT No.11; THENCE RUN NORTH 00 °19'10" EAST, FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF SAID TRACT 111; THENCE RUN SOUTH B9 °40'50" EAST, FOR A DISTANCE OF 660.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF SAID TRACT 111; THENCE RUN SOUTH...'. �1 9/13/2011 Item 8.13. Coil-, er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 00 °19'10" WEST, FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 142 OF SAID GOLDEN GATE ESTATES, UNIT No.11; THENCE RUN SOUTH 89 °40'50" EAST, FOR A DISTANCE OF 680.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 180 FEET OF SAID TRACT 142; THENCE RUN SOUTH DO °19'10" WEST, FOR A DISTANCE OF 860.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 40.62 ACRES, MORE OR LESS. Section /Township /Range 04 / 49S / 27E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 37119840001, 37119880003, 37119800009, 37117120008, 37117160000, 37117040007, 37117080009, 37117000005, 37117280003, 37116720001, 37116961006, 37116960007, 37116920005, 37116840004, 37116880006 and 37117200009 Metes & Bounds Description: A PORTION OF GOLDEN GATE ESTATES, UNIT NO.11, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF TRACT 144 OF GOLDEN GATE ESTATES, UNIT NO.11, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89 °40'50" WEST, ALONG THE SOUTH LINE OF SAID GOLDEN GATE ESTATES, UNIT No. 11, FOR A DISTANCE OF 2,000.00 FEET TO THE SOUTHWEST CORNER OF TRACT 107 OF SAID GOLDEN GATE ESTATES, UNIT No.11; THENCE RUN NORTH 00 °19'10" EAST, FOR A DISTANCE OF 860.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 106 OF SAID GOLDEN GATE ESTATES UNIT No.11; THENCE RUN SOUTH 89 °40'50" EAST, FOR A DISTANCE OF 660.00 FEET TO THE SOUTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 111 OF SAID GOLDEN GATE ESTATES, UNIT No.11; THENCE RUN NORTH 00 °19'10" EAST, FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF SAID TRACT 111; THENCE RUN SOUTH 89 °40'50" EAST, FOR A DISTANCE OF 660.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF SAID TRACT 111; THENCE RUN SOUTH 00 °19'10" WEST, FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 142 OF SAID GOLDEN GATE ESTATES, UNIT No.11; THENCE RUN SOUTH 89 °40'50" EAST, FOR A DISTANCE OF 680.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 180 FEET OF SAID TRACT 142; THENCE RUN SOUTH 00 °19'10" WEST, FOR A DISTANCE OF 860.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 40.62 ACRES, MORE OR LESS. Size of property: ft. X ft. = Total Sq. Ft. Acres 41 ± Address /general location of subiect property: 1 10 and 131 l st St NW 121, 141. 165, 171, 181, 221 241 and 265 Golden Gate Boulevard West 410 and 90 3rd St NW. The site is located on the northwest corner of Golden Gate Boulevard and Wilson Boulevard. PUD District (LDC 2.03.06): ❑ Residential ® Commercial Packet Page -60- ❑ Community Facilities ❑ Industrial a� 0 M rn `iey County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 4) WWW.COLLIERGOV.NET ) O 643 -6968 ADJACENT ZONING AND LAND USE Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO Section /Township /Range / / Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: REZONE REQUEST This application is requesting a rezone from the E, Estates zoning district(s) to the CPUD Commercial Planned Unit Development zoning district(s). Present Use of the Property: Vacant and single family residential Proposed Use (or range of uses) of the property: Commercial uses consistent with the General Commercial (C -4) Zoning District Original PUD Name: Ordinance No.: n Zoning Land Use N E Residential Residential, commercial offices and S E, CPUD and C -3 retail E E, C -2 Residential, commercial retail W E Residential Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO Section /Township /Range / / Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: REZONE REQUEST This application is requesting a rezone from the E, Estates zoning district(s) to the CPUD Commercial Planned Unit Development zoning district(s). Present Use of the Property: Vacant and single family residential Proposed Use (or range of uses) of the property: Commercial uses consistent with the General Commercial (C -4) Zoning District Original PUD Name: Ordinance No.: n 9/13/2011 Item 8. B. Coo ier County ^` COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD' Rezone Considerations (LDC Section 10.02.1 3.B) 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 Estates Shopping Center PUD is centrally located within the Northern Golden Gate Estates community, and it is located at the intersection of two of the principal roadways serving Golden Gate Estates A Golden Gate Area Master Plan amendment was submitted by the property owner to establish a specific commercial subdistrict, which permits the proposed grocery anchored shopping center. The 41 acres represents an assemblage of 16 platted estate properties and the size of the property is appropriate for the shopping center. The overall intensity of the project is approximately one -half that commonly found within the urban designated areas of the County and less than the intensity assumed for other neighborhood centers in Golden Gate Estates. The three other quadrants of the intersection are developed with commercial land uses. The Estates Shopping Center PUD has wide support from the community as evidenced by the nearly 2,000 letters of support received during the comprehensive plan amendment process and the overwhelming mail survey results in which over 80% of the respondents indicated that they wanted a grocery anchored shopping center at this location. The project will provide utilities through private on -site package facilities. Public water and sewer services are not available at the site. A traffic analysis has been completed and submitted with the PUD rezoning application. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, 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. Findings and recommendations of this type shall be made only after consultation with the county attorney. Packet Page -62- .... J■ I. 0 N M rn �r Co' e-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 The project is presently under the unified control of a single property owner.. At the time of development a property owner's association or similar entity, will be established to be responsible for operation and maintenance of the on- site utilities water management system and other common elements of the project. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub - district, policy or other provision allows the requested uses /density, and fully explaining /addressing all criteria or conditions of that Sub - district, policy or other provision.) The property is the subject of a privately initiated comprehensive plan amendment which established the Golden Gate Estates Shopping Center Subdistrict within the Golden Gate Area Master Plan A copy of the subdistict language has been provided in this rezoning application for reference. 4. The internal and external compatibility of proposed uses, which conditions include restrictions on location of improvements, restrictions on design, buffering and screening requirements. Both the Golden Gate Estates Shopping Center Subdistrict and the proposed may and PUD contain many development restrictions to insure that the proiect is in compliance with the desires of many community residents and to insure compatibility with the most immediate residential properties. For example, the applicant has committed to provide enhanced buffers 30' wide along both the 3rd Street and 1st Street road frontages 25' wide along Wilson Blvd road frontage and 50' wide along Golden Gate Blvd road frontage. The documents and master plan provide for substantial building setbacks PUD from residential properties Additionally, the applicant has restricted specific land uses to specified development tracts as shown on the PUD master plan. The PUD documents and master plan also prohibit certain uses from being developed within the PUD. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The proposed proiect will meet or exceed the open space requirements for commercial planned unit developments The master plan identifies a wide vegetative preserve along the northern property boundary and the proiect will have an extensive water management system which also meets open space requirements for the project. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proiect is subiect to concurrence management requirements for public facilities A phasing schedule has been identified within-the Golden Gate Area 9/13/2011 Item 8. B. Cdit -r C074Hty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 Master Plan for the project that insures adequate roadway improvements will be in place concurrent with each phase of development. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The proposed PUD includes all properties that were the subiect of the Estates Shopping Center Commercial Subdistict, Petition CP2008 -1. It was not the intent of the plan amendment to permit additional properties with the ability to qualify for rezoning to commercial use. $. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal appi.ication of such regulations. The project will be developed in conformance with the development regulations provided in the PUD Exhibits, LDC and applicable sections of the growth management plan. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association. in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes ❑ No If so, what was the nature of that hearing? Growth Management Plan Amendment CP2008 -1 Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ® No If so, please provide copies. NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezonina for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a Packet Page -64- co - er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34904 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 determination of "sufficiency ". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.Q.) 0 N M r d7 9/13/2011 Item 8. B. __ Co &-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 PUD AMENDMENT (PUDA) - PUD REZONE (PUDZ) - PUD to PUD REZONE (PUDZ -A) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRE STANDAtRD REt ll'RE NTS. -°'• 1 Additional set if located in the Bayshore /Gateway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary 24 ❑ ❑ Completed Application with list of Permitted Uses; Development Standards Table; List of proposed deviations from the LDC (if any); List of Developer Commitments and Statement of Compliance narrative (download application from web for current form) 24 ❑ ❑ Pre-application meeting notes 24 ❑ ❑ PUD Conceptual Master Site Plan 24" x 36" and One 8 %2" x 11" copy 24 ❑ ❑ Revised Conceptual Master Site Plan 24" x 36 "and One 8 %2" x 1 1" copy 24 ❑ ❑ Original PUD doc /ord and Master Plan 24" x 36" - ONLY IF AMENDING THE PUD 24 ❑ ❑ Revised PUD application with changes crossed thru & underlined 24 ❑ ❑ Revised PUD application w /amended Title page w /ord #'s, LDC 10.02.13.A.2 24 ❑ ❑ justification /Rationale for the Deviations (must be on a separate sheet within the application material; please DO NOT include it in the PUD documents) 24 ❑ ❑ Copies of the #ollowing Deeds /Legal's & Survey (if boundary of original PUD is amended) 3 ❑ ❑ List identifying Owner & all parties of corporation 2 ❑ ❑ Owner /Affidavit signed & notarized 2 ❑ ❑ Covenant of Unified Control 2 ❑ ❑ Completed Addressing checklist 2 ❑ Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption justification 4 ❑ ❑ Historical Survey or waiver request 4 ❑ ❑ Utility Provisions Statement w /sketches 4 ❑ ❑ Architectural rendering of proposed structures 4 ❑ ❑ Survey, signed & sealed 4 ❑ ❑ Traffic Impact Statement (TIS) or waiver (with applicable fees) 7 ❑ ❑ Recent Aerial Photograph (with habitat areas defined) min scaled 1 " =400' 5 ❑ ❑ Electronic copy of all documents in Word format and plans (CDRom or Diskette) 1 ❑ ❑ Copy of Official Interpretation and /or Zoning Verification 1 ❑ ❑ If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 239- 690 -3500 for information regarding "Wildfire Mitigation 4,,,. Plan ", LDC Sec 'on 2.03.08.A.2.a.(b ) i.c. ��---------- - - - - -- Applicant /Agent ate Packet Page -66- .w�■ 1" a) 0 N M Co r Count y COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET TYPE OF. SEWAGE DISK (Check applicable system): COUNTY U- a. b. C. d. FI LITY SYSTEM CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PACKAGE TREATMENT PLANT (GPD capacity) 40,000 Gal /Day SEPTIC SYSTEM a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 643 -6968 PROVIDED ❑ PUDZ- PL20094017 REV:2 ESTATES SHOPPING CENTER CPUD EJ DATE: 516111 DUE: 6/6/11 14 L /4 TOTAL PUl 4 ION T 3 Bg 190,000 Square Feet PEAK AN13 AVERAGE DAILY DLIIIADS A. WATER -PEAK 40,000 AVERAGE DAILY 20,000 B. SEWER -PEAK 40,000 AVERAGE DAILY 20,000 IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED NARuRATI1fE STATE(�IE1T' Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Wastewater treatment is anticipated to be by a package treatment plant, however. the proiect may utilize other appropriate treatment. The plant is to 2 9/13/2011 Item 8.13. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 utilize the extended aeration treatment method. A flow equalization /surQ facility is to precede the treatment plane itself. Following treatment, the effluent is to be disposed of in an absorption bed with an anticipated loading rate of 7.9 gallons per day per square foot. Restaurants and other food establishments will be required to have grease interceptors. Sewage residuals are to be disposed of by a licensed hauler. A schematic is provided. CQLLIEF COUNTY. UT1Ll7 If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STAT�MN1F A?sl�lA$1IT�f, CAACIT FRtfltall43TN} _PR�/DERS Unless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Packet Page -68- 02-0 0 N M rn PUDZ- PL2009 -1017 REV:2 ESTATES SHOPPING CENTER CPUD DATE: 516/11 DUE: 6/6/11 Estates Shopping Center CPUD Project Narrative The project developer intends to create a Commercial Planned Unit Development (CPUD) consisting of 190,000 square feet of commercial land uses on 41 +/- acres of land located in Section 04, Township 49 South, Range 27 East, Collier County, Florida. The project access will be from Wilson Blvd., 1St Street N.W., 3rd Street N.W. and Golden Gate Blvd. Access from 3rd Street N.W. shall be designed to serve residents from 3`d Street N.W. and prohibit truck traffic serving the project. The conceptual master plan identifies the proposed development tracts, buffers, access locations, water management areas, and approximately 4.2 acres of preserve areas. The site is partially developed with single family homes, and is presently zoned E, Estates. Surrounding properties are also zoned E, Estates, C -3, C -2 and CPUD. The Estates Shopping Center CPUD provides buffers and development standards appropriate for development of commercial land uses, located in Golden Gate Estates. Residential properties to the north are buffered from the commercial development tracts by a wide native vegetation buffer. Properties to the west along 3`d Street are buffered from commercial development tracts by a wide landscape buffer that will include a wall, and further separated by a proposed lake along the entire 3`d Street frontage. The applicant has also included in the PUD document, a restriction that will permit only single -story buildings on the site. Based on feedback from neighbors and surrounding property owners, the PUD includes a list of permitted and prohibited land uses. Hours of operation for various land uses have also been included in the document. Growth Management Plan Consistency The development of Estates Shopping Center CPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Golden Gate Estates Area Master Plan. The entire 41± acres of the subject property is within the recently transmitted Estates Shopping Center Subdistrict, as identified on the Golden Gate Estates Area Master Plan Future Land Use Map. The proposed subdistrict language includes a phasing schedule and commitments for environmental preservation and transportation mitigation which satisfy all comprehensive plan requirement for environmental and concurrency requirements in the Comprehensive Plan. The Estates Shopping Center PUD contains permitted uses and development commitments consistent with the pending Growth Management Plan Amendment. A copy of the current plan text has been provided with the zoning application. Page 1 of 1 Estates Shopping Center CPUD PUDZ- PL2009 9/13/2011 Item 8.B. ESTATES SHOPPINU VtN i CM CO Couxt CPUD EY y DATE: 10116/09 DUE: 11/16/09 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as (Please see attached Exhibit B for owners of record and addresses) (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for Commercial planned unit development (CPUD) zoning. We hereby designate Q. Grady Minor and Associates, P.A. and Coleman, Yovanovich and Koester, P.A., legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. he Coun will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development Jand the o ay stop ongoing construction activity until the project is brought into compliance with all terms, oed�7�y�;'-'guards of the planned unit development. If Owner Printed Name Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this t CYO day of a—F r , 2009 by4 Who is personally known to me or has produced as identification. (I t: `)� E f SHARON UMPENHOUR Notary ublic MY COMMISSION # DD 495073 (Name typed, printed or stamped) EXPIRES: December 4 2009 BondedTh. Notary Public Underwriters Packet Page -70- N r N M r �f10'1- 085I -8 HJL S ENO N 6179 AMM-WW WM9 800Z S- S o N O ti U m C w y 2 � iz 2 W 2 cri tz! 5 uj o 25 sCt of ho Ll� OJ WW2 W� �o a OWJ� cov OQv�i2 CL U UQ 2m V �4~J�s� ahy a0 a U W � M• CE Q. ■� Owl � U OO gg z x m 2 22 ad 2 U 0 O W W e I,- O Q Q Q O q N y �j Di g� � a •�2 C W WW �¢ '��Nii I �¢ )? iE �Q° o en y� O �Jn° �° g 2 4�i Q� W° ZE R W 4 W� CL ZE �uQ J O" a�W m �ntiC h o W �ti.F ° � o�� v o � v � o ego �5�¢¢pp Lu 2 w¢ y Q N WQ N W i N e o�� wQ NQ N1.y R4jv rz I ae� 4 amp ��y oa� y� ac~.,o �,,� �y�° O °�Q °vp° Iwo �m °�4ti m'WO a� .M;�m �,°m �ti how p EXHIBIT Va WQ W W W W W W W¢ W5 W WoQ y8+W to oea o�� ohm ova ova o� ova ova ova o�Ne J`c» Z Pagel Of3 9/13/2011 Item 8. B. - -- - -- -.- 11 » �s o U � N C S: m K i+:t :5 Q If LU © ot� Q� %W683 2 2y W �C H h W �V i►�II wIRZ• ¢ W < ¢ ° ¢ j v W 2 �SV H� z�44 O2 rOrhhO W R0 E 1 1 O In wow ¢ � °¢ � -• o �� ' oy,,, ,go a2 Z�O� z� o�z ^yam o o Z-Z cc Ziz Z'h 21 °� �oo� R�° {� ~�¢ QO �,n 122 0 j0 O CT ryO Q ■Cyq'w"I.+ Ea :zt W 0.-)O WW¢�W2�T :,i ti 22 �j (ru�hO O jO 14 020 GNU �' ° VAS ;q'•, Om� Ob w�4¢iU �OV3r�j m y ti W U j y 6 U W h ¢ m ��¢ow ig qc LU N V� rji IsyO h W OO y k W j o EXHIBIT A Page 2 of 3 Packet Page -72- Z y N r N M r 94 UV5r- Q178MOSV-Q479 91VO AGM16 .fW1!% 0 S C,5 I m o ��v Q nx z 8 - � m to U U (A VAf .40 1NO1Y 301M ,001) o O/179NOS71M s, ----- - - - - -- -- - - - - -- _ ,00 '099M.0t,&.00 S A Zw I z0e rr lW 106211 0 Z U, o IT ow cj � ZWS I o OQmZ Z61 101!/1 l O 0 W a �p uu 1unos �I Q OWzv rt Rol A I 5:31,� (YM J0 1H0R/ 306M ,09) U MN1332Y1S1S?!l� I 1 io o I ;�c~a o O 33 � Hoti 0001 V eVC W 11l 101/y1 I h rn "gg coi 0091 I Q.q o 8 HLnOS S� �o �ti� moo° pI y q.� -r`p �•N I C - -- �- ■ Q N C, — — — — - - — ' Zo NCI y �-n^aj � -- z aCZ LU U-1 901 19M ti LEI 2 b 0'091 a O HUJOS N — - - — - - o ,00'0993.01,66.00 N (A NM -40 1110 30tM ,09) MN133&9 0YIALL EXHIBIT A Z g o Z Page 3 of 3 9/13/2011 Item 8. B. Estates Shopping Center CPUD Exhibit B Name of Owners of Record Folio No. Address Owner Name O.R. Bk - Pg Closing Date Net 37119880003 No site address Kenneth R. Johnson as Trustee 3912 —2758 10/13/05 Acreage 371 19840001 No site address Kenneth R. Johnson as Trustee 3912 —2758 10/2005 5.15 37119880003 No site address Kenneth R. Johnson as Trustee 3912 —2758 10/13/05 5.46 37119800009 110 1st St NW Kenneth R. Johnson as Trustee 4007-1531 3/29/06 2.81 37117120008 121 GG Blvd W Kenneth R. Johnson as Trustee Golden Gate Boulevard West Trust 4026 — 1313 4/2006 2.81 37117160000 141 GG Blvd W Kenneth R. Johnson as Trustee 3946 —201 12/9/05 2.34 37117040007 165 GG Blvd W Kenneth R. Johnson as Trustee 3990 —289 2/28/06 2.34 371 17080009 171 GG Blvd W Kenneth R. Johnson as Trustee 3990— 208 2/28/06 1.17 37117000005 181 GG Blvd W Kenneth R. Johnson as Trustee 4014-2946 4/10/06 1.64 37117280003 No site address Kenneth R. Johnson as Trustee 3949— 1405 12/12/05 2.73 37116720001 410 3'd St NW Kenneth R. Johnson as Trustee 3999— 2240 3/15/06 2.73 37116961006 221 GG Blvd W Kenneth R. Johnson as Trustee 3962— 2201 1/9/06 2.34 7116960007 241 GG Blvd W Kenneth R. Johnson as Trustee 3990— 3499 2/28/06 2.81 116920005 265 GG Blvd W Kenneth R. Johnson as Trustee 3914 —3601 10/17/05 2.34 .7116840004 No site address Kenneth R. Johnson as Trustee 3990 —267 2/28/06 1.17 37116880006 90 3'a St NW Kenneth R. Johnson as Trustee 4307 —1221 11/7/07 1.64 37117200009 131 1st St NW Kenneth R. Johnson as Trustee Land Trust 850.045 4461 —447 6/11/09 1.14 Total Net Acres (Acreage including platted ROW) 40.62 Packet Page -74- PUDZ- PL2009 -1017 REV:1 ESTATES SHOPPING CENTER CPUD Go eY CoUnty DATE: 10/16109 DUE: 11/16109 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 AFFIDAVIT We /I, Kenneth R. Johnson as Trustee being first duly sworn, depose and say that m we /I am /are the owners of the property described herein and which is the subject o° matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /I understand that the N information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We /I further authorize O Grady Minor and Associates, P.A. and Coleman, Yovanovich and Koester, P.A. to act as our /my representative in any 'etition. wner Signature of Property Owner Kenneth R. Johnson as Trustee Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was ackQowledged before me this day of - -____, 2009, by � YynsAh_'K__t1'�!rtsak -who is personally known to me or has produced _ ___________ ______ __ _ _ _ _as identification. State of Florida County of Collier YP,,,. KAREN C. STEVENSON ti `��= Notary Public . State of Florida » p My Comm. Expires Oct 14, 2013 Commission # DD 919984 Bonded Through National Notary Assn. ( i nature of Notary Public - Sta e of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) This instrument Prepared By: WILLIAM SCHWEIKHARDT Attorney at Law The Schweikhardt Law Firm, P.A_ 900 Sixth Avenue South, Suite 203 1�aptes, FL 34102 9/13/2011 Item 8.13. 3717806 OR; 3912 PG; 275 UCORDID in OFFICIAL RECORDS of COLLIER COOR4i, PL 1011712005 at 08:451111 HIGHT E. BROCK, CLItI COBS 2500000.00 REC 118 18.50 DOC -.70 17500.00 tatn: GOODUT11 COLEKAI 14 Al tool Inal)(1 SR 1 /300 IM1,15 IL 34103 Parcel Ideniflim inn Number: 371 19d4D001 and 37119SED003 Grantees Tax Idonlification Number. ABOVE SPACE: PMEitVM FOR AECOMEU USE SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made the f, day of October, A.D., 2005, by WILLIAM SCH WEIRHARDT, Individually and as Trustee, whose post office address is: 900 Sixth Avenue South, Suite 203, Naples, FL 34102, hereinafter called the "Grantor", to KENNETH R. JOHNSON, as Trustee of the 850.918 Land Trust dated October 4, 3005, with full power and authority toprotect, conserve, sell, lease, encumber, or otherwise manage and dispose of the real estate dasenib art of it, whose post office address is: Goodlette, Coleman & Johnson, P.A., 4001 Tamiami .{atilt tn" T 3, hereinafter called the "Grantee ": (wMevw*uudiratin lbe lame 'Or ntt"'�nd' t AttK putia to thu 4wn+nunt �M � ltpt rcptx�,tgttrct uid afkdiuiiutl and the weccmx �rtd uigaefcemeratbnt.r rtt�pnr S . WITNESSETH: That e G ant nd ' cons id . lion o the m of S1 0.00, and other valuable considerations, receipt whereof i her a rgea s, soils, aliens, remises, releases, conveys and confirms unto the G nit t a th c a I III r C unty, Florida, viz All of Tracts 14 faE EI G ,fo. 11, according to the plat there rf orded in Plat Book 4, ges 03 04, of the Public Records ofCOM ry, Florida, h SUBJECT TO restri d . easements com , r{4 _ e subdivision, and ad valorem taxes for they Grantor warrants that the subject is not his homestead, nor adjacent thereto, and that he resides at 468 Devils Lane, Naples, Florida. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the-same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized ofsaid land in fee simple; that the Grantor has good right and lawful authority toseli and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims afail persons claiming by, through or under the said Grantor. Goodlatte, Coleman & Johnson, P.A. 4001 Tamiami Tz-aiI, N. Suite 300 Naples, PI, 34103 MZ �So, t7t Y Special Warranty Decd Page i oft Schweikhardt, Trustee to Johnson, Trustee Tracts 143 and 144, Golden Gate Estates, Unit No. I I Lot ID — A acid B PUDZ- PL2009 -1017 REV:1 ESTATES SHOPPING CENTER CPUD DATE: 10/16/09 DUE: 11 116/09 CP- 200E -1 EXHIBIT G.4 Page 1 of 29 Packet Page -76- We IT r r N M CP- 2008 -1 OR: 3912 PG: 2799 IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in our presence; ? ttit( fT _ WITN SS 91 0-6 LUTAM SCRWEIKHA T, ndivtdu y and as Trustee wmaESS 32 V14. r,�J1,c STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING INSTRUMENT led d before me this /J day of October, 2005, by WILLIAM SCHWEIKHARDT, Individtta , tals this ersonatly known to me, and did not take an oath. � 1 �' o u iss on I (seal) VAVrdz E DLWa, d' W CNmd9Wm DDD676R b0' ► d' Ex'V4" NOmmbar 11, 2Q15 Special Warranty Deed Page 2 of 2 Schweikhardt, Trustee to Johnson, Trustee Tracts Ida and 144, Golden Gate Estates, Unit No. I I EXHIBIT GA Page 2 of 29 Prepared by and return to: David E. Leigh, P.A. 5150 Tamland Trail North Suite Sol Naples, FL 34103 239- 435 -9303 Fite Number. 06-008 Parcel Identification No, 37119800009 9/13/2011 Item 8. B. 3810 -306 OR; 4007 PG: RICOROID in 0111CILL RICORDS Of COGLIIR COOATI, IL 03/Z9/Z006 at 03 :29PH OVIGBT 1. 810CI, CLIRI COBS 1060000.00 RIC 1111 16,50 OOC -,70 7420,00 Run: GOOD M COMM IT A 120I TdKIAXI TR a 1300 XMIS 1`4 34103 (Space Above This Line For Rceor&g t),tal Warranty Deed tsrA -rtiraA�a,- ?t�- ��Ler�,�e9.a�, �s,l r r ,�• This In den Cure madc this 29th day of ar 006 between C. Gregory Rubin and Shari Regan RU n) tne�ip known d1t' hari an, address is I i 0 - 1 st Street NW, Naple15 4 0 + to r) � K .0 enneth R Johnson, as Trustee of Trust 850.033 under st A re t office address is 4001 Tatniami Trait Suite 300, Naples, FL�tl03 Ft authorio, to protect, canserve,canvey, se encumber, and other�e�Q e hereirr. t usband and wife, whose post atlice /dated December I, 2005, whose post grantec*, who shall have the power and and dispose of the real property described Witnesseth that said grantor, for and in consideratro h C. ` TEN . rn .T,,,... _ _ and valuablt cpnsiderations to said grantor in hand aid b said - v " ND `1"` t uv DOLLARS (510.00} and other good bargained, and sold to the said nice, and p y grantee, the receipt whereof is hereby acknowledged, has granted, grantee, grantee's heirs and assigns forever, the following described land, situat being in Collier County, Florida, to -Suit: e, lying and The South 180 feet of Tract No. I42, Golden Gate Estates Unit No. 1I, according to the plat thereof, as recorded In Plat Book 4, Page 103 -104 of the Public Records of Collier County, Florida. and said grantor does hereby fully warrant the tide to said land; and will defend the same against lawful claims of all persons whomsoever. "firanlot" and "Granlee" are used For singular or Plural, as context rcyuirws. GOAP,tte, Coleman & Johnson, PA. 4001 Tautiarni. Trail, N. Suite 300 Naples, FL 34103 •. 8s a.ts�s Lot ID — C DoubleTrmee CP- 2008 -1 EXHIBIT G.4 Page 3 of 29 Packet Page -78- P.m N O N CO r "I OR; 4007 PG; 1532 M In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, so. ed and delivered in our presence: Tf II.EEN iL SING State of Florida County of Collier The foregoing. instrtubent was aclmo*1edged bc3 Rubin, fomerly Imawn as Shari Ragan; who have rt crrano, Deed atatutary Form) • Pagc CP- 2008 -1 C. Gregory Rub' t`SSh�. h� EXHIBIT GA - 9 � Much, 2006 by C. Gregory Rubin and Shari Ragan DouhteTimea Page 4 of 29 CP- 2008 -1 9/13/2011 Item 8.13. 701 OR; 3946 PG. $BCORDID in OFFICIAL RBCORDS Of COLLAR COOKTI, FL 12/I2/2005 at 02:02FK DWIGHT I. BROCI, CLIRI CORs 160000100 RIC FBI 11.50 DOC -.70 3220.00 MI., GOODLE"I COLIM IT Al 400I TAKIAKI TF W 000 RAPLIS FL 34103 W ARR kNTY DEED THIS DEED, is made on this day of December, 2005 between OSVALDO RNERO and EDY P. MONTERO, husband and wife (the "Grantors "), and KENNETH R. JOHNSON, as Trustee ofLand Trust 850.024 under tMsta to datedDecember 1, 2005, with full power and authority either to protect, conserve 090 r to encumber, or otherwise to manage and dispose of the real property sir to ere- fiinn (the ` © "1, whose post office address is 4001 Tamiami Trail North, Suite 30,Q, es, FL 34103. Grantors, in consit good and valuable consi sufficiency of which is he and Grantee's heirs, succet and being in Collier Coun The -West 150 N according to the p 104, ofthe'Public ae s bN qND NO 10 D OLLARS ($10,00) and other li ai by Grantee, the receipt and pV e , t ar Wind and sold to the said Grantee gns v r, a fo eribed property, situated, lying to wit: A L, 110, Golden . `tetates Unit No. 11, .asxceo� d t Book 4, Pages 103 - AC':QffirD1ufftY. Florida Collier County Tax Folio Number: 37117160000 SUBJECT TO: reap estate taxes far the year 2005 and subsequent years; zoning, building code and other use restrictions imposed by governmental authority; restrictions, reservations and easements of record common to the subdivision;.provided,_ however, that no one of them shall prevent-use of the property for residential purposes. And said Grantors do hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. S'%Brandy Closings MY= st KRJ Trustee Warranty Deed %D • OIL4 (Page i oC2) Lot ED —E EXHIBIT GA Packet Page -80- This Instrument Prepared By Linda C. Srinirrnan, Esq. Coodlate; Coleman & Johnson, PA.. 4001 Taniami Trail North, Suite 300 Naples, FL 34103 Page 5 of 29 M 0 N 0 N M d7 tit OR: 3946 PG; 0202 tip 1N WITNESS WHEREOF, the undersigned Grantors have duly executed and delivered this instrument on the day and year first above written. Signed, Sealed and delivered in the Presence of: (as to both) CP- 2008 -1 LIEW.E Print C� OSVALDO RIVE 0 H F. MONTERO "'��iT�, STATE OF FLORIDA UU �—.Y COUNTY OF COLLIER n �- THE FOREGOING UMENT was ac , "wl� , efore me on this day of December, 2005, by OSV I RO and EDY F.. 0, who (__) are personally known to me or who have dct their drive 'hie as identification. .71 Notary c Print Name. State ofFlorida at Large My Commission, Expires: SABrandy Closings Rivero sr KRJ Trustee warranty Deed (Page 2 of 2) EXHIBIT G.4 (Notary Seal) °'; r6j�r Bf W DY k PAM HKE t My COUMISSION t OD W76 EXPIRES: February t6, 2067 6- WThmsuveA14e1Y stm= Page 6 of 29 Return to: This ittstntment Prepared by. Susan D. Evans, Esq 1404 Goodlette Road North Naples, FL 34102 Property APpraisars Parcel Identification (Folio) Number(s): 37117040007 Grantec(s) S.s N(s): 9/13/2011 Item 8. B. 3793126 OR: 3990 PG: 0269 RSCORDSD iu OFTICIAL RiCORDS of COLUIR COBRTI, IL 03/01/2006 at HAW RIGHT d. BROCI, CORK COAs 750000,00 RIC 111 18,5b IKOIIIRG 1.00 DOC -,70 5250,00 Retn: G000LM COLIM it AL 4001 TAHIAHI TB R 1300 RAPLSS 8L 3 1103 _SPACE ABOVE TWS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA (Wherever used hero m n the toms `Grantor" and "Gmntto` shall include singular and plural, heirs, legal rcpresantatives, and as individuals, and the cueeessers and assigns of corporgtions, wherever the context so admits or requires.) signs of THIS INDENTURE, made this and AMELIA HERNANDEZ a/k, and KENNETH R, JOHNS , December 1, 2005, with full w, r e or to encumber, or otherwise o in Florida Statute 689.071, ho GRANTEE. n Z_ WITNESSETH, that the said 7 and other good and valuable col ; whereof is hereby acknowledg GRANTEE'S. heirs and assigns fore County of Collier, State of Florida, to WARRANTY DEED f-Felr , jx �Ot between MIGUEL HERNANDEZ BARGES ILIA BARBEMS, GRANTOR, of land trust p,0�1 under trust agreement dated ei a to prat t, conserve and to sell or to lease, described as provided d eLn�hexein ate Blvd., Naples; FL 34I20, for and in ' 'd /`�� 1� fthe stun of--- TEN -- .Dollars, to them in han the said GRANTEE, the receipt ted, bar jn i sold to the said GRANTEE, and o ribed land, situate, and being in the The East 150 feet of Tract I09, GOLDEN GATE ESTATES, UNIT N0. 11, according to the Plat thereof as recorded in Plat Book 4, Pages 103 and I04, of the Public Records of Collier County, Florida. Subject to: restrictions, easements common to the subdivision; taxes for the current year and subsequent years; applicable zoning laws, building codes and other use restrictions imposed by governmental authorities; and outstanding oil, gas and mineral interests of record. And the said GRANTOR does hereby fully warrant the tide to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, The said GRANTOR has hereunto set grantor's hand and seal the day and year first above written Goodlette, Coleman & Johnson, P A. 4001 Tamiami Trail, N. Suite 300 Naples, FL 343(13 Lot ID —F E3A R asG •oa I CP- 2008 -1 EXHIBIT G.4 Packet Page -82- Page 7 of 29 .. WOO I N O N M rn CP- 2008 -1 **t OR; 3990 PG; 0290 "' Signed aled and delivered in the presence of: itness Signature Miguel Hernandez Printed Name Witness Sig6ature Printed Name T Nttness Signature / ! r--- -- lia a �ndez a/k/a Amelia Barberis Printed Name . may. V►L �f.+i Witness 'gnfae Prit9d Nam STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this a day of February, 2006, by MIGUEL HERNANDEZ and AMELIA HERNANDEZ who ar< EEonallv kno ---gym or have produced as identification. Susan D. Evans `�o �(YA��- +CdIDm1IS10II � DI3�$O� ;NiQ. as u Notary I, - State oFlan �m 1=&.d TW. Print Name: M i is . m".eC 1II14 c0- use My conunission expires: EXHIBIT GA Page 8 of 29 WARRANTY DEED THIS INDENTURE is made this 26 day of Februaxy, 2006, between Shane Robertson, also known as Shane G. Robertson and Shame Gene Robertson, and Robin Robertson, also known as Robin E. Robertson, Robin Edgar Robinson, and Robin L. Robertson, formerly known as Robin Edgar Husband and Wife, hereinafter called the Grantor, and .Kenneth R. Johnson, as Trustee of Land Trust 850.027 under Trust Agreement dated December 1, 2005, with full power and authority to either to protect, conserve and to sell, or to lease, or to encumber, or otherwise to manage and dispose of the real property described herein or any part thereof, whose Post office acidres Sui 9/13/2011 Item 8. B. 3793105 OR: 3990 PG; 0208 MUM is 0111CILL WORN of Count em", IL 03/01/1006 at 00 :111K DVIG$T I. loci, CLIII MIS 600000,00 RIC FIE ILM InIIIIG 1.00 1etn: DOc_.70 4100,00 GOODLIM cOLIYA[ It Al 4001 TAlam -1 TB t 1300 IAILIS IL 34103 RESERVED FOR USE BY CLERK S 1S [Federal identi- to 300, 4001 Tamiami Trail North, Naples, FL 354103 fication No, ?it�0�o{ ) , hereinafter called the Grantee. WITNESSETH: cod THE GRANTOR, for ($10.00) and other �n "co atio o the sum of Ten Dollars co Y at, as val ab e Grantee, receipt of whic 3. p ic� to the Grantor by the sell and convey . d9es hereby grant, bargain, el unto th i n e o f g described real estate, situated in Collier Co1J art• The East 75 feet o e West 180 t act 109 ESTATES, UNIT' N0. 11, . GOLDEN GATE riling to Ella ereorecorded in Plat Book 4, /'ages 103 and 104 0 .Public Records 011i:er County, Florida. .The Property Appraiser's described real estate is 37 ation Number for the above THE GRANTOR hereby covenants with the Grantee that said real estate .is free of all encumbrances, that lawful seisin of and good right to convey said real estate are vested in the Grantor, and that the Grantor hereby fully warrants the title to said land. and will defend the same against the lawful claims of all persons whomsoevr, except with respect to (a) ad valorem and non ad valorem real property taxes for 2006 -and subse quent years; (b) zoning, building code and other use restrictions oil imposed by governme -ntal authority; (c) outstandin 5 , gas and mineral interests of record, if any; and, (d) restrictions, reservations, and easements common to the subdivision, provided, however, that none of the foregoing shall prevent the use of the herein described real estate for residential purposes., AFTER RECORDING, PLEASE . RETURN THIS INSTRUMENT TO: Kenneth Johneon: Esq. Goodlette, CulAman & Johnson. PA Suite 300 4001 Tamiaml Trail North Naples, FL 34103 CP- 2008 -1 PAGE 1 OF 2 PAGES EXHIBIT GA Packet Page -84- Lot ID - G Page 9 of 29 A �m N r O N M O 0R; 3990 PG; 0209 IN WITNESS WHEREOF, the said Grantor has executed this instrument on this 28 day of February, 2406. RESERVED rOR USE BY mein t Signed, sealed and delivered in the presence of: SbaIIe ( SEAT, ) Son 171 Golden Gate Boulevard West SIGN: NaPl,es, FL 34120 C h 8 ✓ I� /1r'f ✓ O �'i .10I4{ PLEASE PRINT OR TYPE NAME OF FIRST WITNESS ABOVE Qla d�C,-,-- Robin Robertson (SEU) SIGN: � �,�� Got � GaLte West PLEASE PRINT OR TYPE NAME OF SECOND W THE ?S ABOVE STATE OF I'LORiDA n COUNTY OF COLLIER t � 0 THE FOREGOING INSTR February. 2006: by ahmre b..�__,. _ S Ieclged before'ma *�.is 2g ual, of being Y j a, L`i6n anti Robin Robertson, Husband and Wife g persanall Down to me or having produced a identification. current driver's license as . BfWJOYA.PikWiKE (NOTARY SPA '[� �tiY�L(dS510ft t DD tsm16 SIGN i7Ct lid: F16rfntp 16,2M7 ++F� 8onett7Mn8ui�til�rys«viuc NOT PUBLIC r PL Oc PRINT OR TYPE NAME OF NpTARY PUBLIC ABOVE MY coati. ssion expires: - THIS INSTRUMENT WAS PREPARED BY: Richard M. Janes, Esq. Richard M, Jones, P.A. 163 Tenth Avenue South Naples, Florida 34102 WITHOUT OPINION OR R1RbrtcttSTJbsn \WD BENEFIT OF TTTLE EXAMMATION -PAGE 2 OF 2 PAGES CP- 2008 -1 EXHIBIT GA Page 10 of 29 9/13/2011 Item 8.13. I 3817062 OR; 4014 PG; 2946 RSCORDID ill 0111CIAI 11COIDS of COLIIIR CoUllyl, YL 01/1012006 at 03:12P1i DFIGaT B. BROCI, C1aRr Cobs 580000.00 RIC P11 18.50 ROD: DOC -,10 4060,00 ` . GOODUTTI ULH1(iti( 11 AL tool TaIltt(I TR 11300 UMS R 34103 CP- 2008 -1 '4'4'ARRANTY DEED THIS DEED, is made on this I EA/day of April, 2006 between AINSLEY B. CUMSTIE and ORDENE CFIRISTIE, husband and wife (the "Grantors "), and KENNETH R JOHNSON, as Trustee of Land Trust 850.035 under trust agreement dated December 1, 2005, with full power and authority either to protect, conserve and to sell, or to lease, or to encumber, or otherwise to manage and dispose of the real property described herein (th " �ar e r� se east office address is 4001 Tamiami Trail North, Suite 300, Naples, FL 34103 Ur----- �CI�}', Grantors, inconsiderate and valuable considerations t which is hereby acknowled successors and assigns fore er, County, Florida, to wit: The West I0 of Tract 1.09, • according to t thereof, as n 103 -104, of the bpi ecords of Collier County Tax AND NO 00 T�OLLARS ($10.00) and othergood a d by nt�e, the receipt and sufficiency of ;da he Id Grantee and Grantee's heirs, d p , situ ted, lying and being in Collier F-� olg G to es Unit No. 11, or eti Book 4, at Pages ,ollie_ i Florida SUBJECT TO: real estate takes for the year 2006 and subsequent years; zoning, building code and other use restrictions imposed by governmental authority; restrictions, reservations and easements of record common to the subdivision; provided, however, that no one of there shall prevent use of the property for residential purposes. And said Grantors do hereby ful lywarrant the title to said land, and will defend the same against the lawful claims of all Persons whomsoever. S,iBrandy Closings. Christie st KW Trustee Warranty Deed 150.63-5 (Page 1 or2) Lot ID — H EXHIBIT G.4 Packet Page -86- This Instrument Prepared By Linda C. Brink -man, Esq. Goodletre, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Page 11 of 29 a> 0 N M CP- 2008 -1 *tt OR; 4014 PG; 2947 "t IN WITNESS WHEREOF, the undersigned Grantors have duly executed and delivered this instrument on the day and year first above written. Signed, Sealed and delivered in the Presence of (as to both) STATE OF FLORIDA. COUNTY OF COLLIER THE FOREGOING 2006, by AINSLEY B. CA personally known to me or 1 S_4Brandy Closings Christie st KRt Truster Warranty Deed Lei IN ' me on this. 4074 day ofApril, nd and -M of , who Lz) are s identification. Notary-r-ublic Print Name: 7 -(-m rl L... State of Florida at Large My Commission Expires: (Page 2 of 2y EXHIBIT GA (Notary Seal) Page 12 of 29 ,0—N n, CP- 2008 -1 9/13/2011 Item 8. B. 3792019 OR; 3949 PG; 1405 RECORDED in OPYICIAL RECORDS of COLLIER COURZY, IL 12/16/2005 at 01;13M DKIGRY E. OROCK, CLERK CM 350000.00 REC 111 16,50 DOC•.YO 2150,00. Retn; GOODLE47E COLEM EY AL 1001 TWAXI iR 1 1300 NAPLES FL 31103 WARRANTY DEED THIS DEED, is made on this 12thday of December, 2005 between MARIE ANNA FLICEK (the "Grantor "), and KENNETH R, JOHNSON, as Trustee of Land Trust 850.028 under trust agreement dated December 1, 2005, with full power and authority either to protect, conserve and to sell, or to lease, or to encumber, or aerxwe to manage and dispose of the real property described herein (the "Grantee " }, whits�"o�t l's-4001 Tamiami Trail North, Suite 300, Naples, FL 34103. C, Grantor, in consi& good and valuable considej of which is hereby aclnroui heirs, successors and assig Collier County, Florida, to The South 19N51 according to the` 104, of the Public VViltGl t:-V GLLIGy Iax FOiuo I l I, GoI2 as recorded cl ?� 172280003 DOLLARS ($10.00) and other tee, the receipt and sufficiency e said Grantee and Grantee's , situated, lying and being in Unit No. 11, 4, Pages 103- SUBJECT TO: real estate taxes for the year 2005 and subsequent years; zoning, building code and other use restrictions imposed by governmental authority, restrictions, reservations and easements of record common to the subdivision; provided, however, that no one of them shall prevent use of the property for residential purposes. Grantor warrants that the property described above is vacant land and not her homestead. Grantor's homestead address is: 312 Lincoln Avenue North, New Prague, MN 56071 -2153. And said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. S:1Srandy Closings Flieek st KR1 Trustee Warranty Deed 15D.e2g Lot ID —I (Page 1 of 2) EXHIBIT G_4 Packet Page -88- "is 1r strumcnt Prepared By Linda C Brinkman, Esq. Goodlette, Coleman &Johnson, P.A. 4001 Taraiarni Trail.Narth, Suite 300 Naples, FL 34103 Page 13 of 29 M 1 N r r O (N M r t" Op: 3949 PG: 1406 ft* IN WITNESS VaMEOF, the undersigned Grantor has duly executed and delivered this instrument on the day and year first above written. Signed, Sealed and delivered in the Presence of: 4rin5y,me= Lisa Schneider MARIE ANNA FLICEK CP- 2008 -1 �P.rirct Name; nn M • Chrni t: 'R cc)J; STATE OF 3r1INNESOTA COUNTY OF SCOTT THE FOREGOING iDecernber; 2005, by MARES has produced her driver's 5 V MIMENT was a ow fA FL,ICEK, who s S 'dentiftation. i_. C� S:\13mndyCIasinp Fiieek st.RRJ Trustee Warcanry Deed izz me on this L 2 th day of known to me or who (_j Notary Public Print Name Richard F. Wornson State ofMinnesota at Large My Commission Expires: (Pagel of 2) EXHIBIT G_4 (Notary Sea]) Page 14 of 29 ThPo Uoaunmd pfco" ed Hy and JLUUa nl: John Holloway, Esquire Garber, Hooley & Holloway, LLp 700 11th Street So., Suite 202 Naples, FL 34103 Partcl fl Number. 37116720001 Warranty Deed 9/1312011 Item 8. B. *'* 3802478 OR; 3999 PG; 2240 "Cash it crifew RIMUS Of COLLIER COUIff, IL 03110006 at 03t27M DIIM I. Bloc[, CLII[ COPS f4o0.00.00 UC III 10.00 ttty OOC %70 3080.00 GOODLIT71 COLIKU 17 AL (001 IAIIIAKI IA 1 1300 'PUS IL ill 13 This Indenture, Made this 15tb day of March. 2006 A.D.. Between Michael J. Linssen, a single man orihe(-ataayne Collier, statanrYl.oride, grantar,and Kenneth R. Johnson., as Trustee of Land Tru.at 050.034 under Tract Agrseraeat dated December 1, 2005, with kull power and mnthority either to protect, conserve, and to. 151511 or to lease or to encumber, or athezwisa manage and dispone of the renal property described herein. Wltnsrnddtauii: 4001 Tatnittini 1Yaii Notch. [Quill sc. Facsr xhL 34103 n(We Cmtmy nt , Sata t5��r�'1i,�,wt .. VVitnesseifl that the GRAWMP- rarand and other »wit and raltmhtc euntid xat1 it gran[rtl. hotg:dned :utd 'gild to the sail! G A ,ifintic, Itdng tmd heing in a- r.tm ,r r 'r The South 180 feet according to the plat t Public Records of Coll e This parcel is non- hoiaes ntxt tho gnttunr daati hcn9+ ;• ndty warrant the title ra sait('Iatui In Witness Whereor, the rrantor has haewmsec his Signed, sealed and delivered le ourpresenetr orthe cum ar Printer -� Witness ll(lzaf3 z Pr led Witaess Ti�ciy • �Otct ci ) -- \r.- '•1------- --- -- - --- boLLARi. Atall�i< dt tecdpt ttihcenf b Ixrcby ncimnvtcdged, hot s�ond�tsxigut hmwrr, the (ultauing deeuihed hind. Estates Unit No. 11, Hook 4, page 103 -104, N1116— o¢alnrt lawtiti claims a att paeans umnnuoccrr. the day and y-r t[tst ahnve w•Linen. ry�) .� � h Q. [Beall Bitchael J. Linssen P.tr Mlma -1:10 21A 51" Narflow tl. r WL , FL 34120 STATE OF Florida ('0UNTY OF cc 113-et= Mlover ingtnst rumctxwa0etnutvledgedhekxrtttcthu25thdayarMareh, 2006 hr Michael J. Linssen, a siaQie man t�tr iF M- writta kuawt Ionic or he his ttrodumd his Florida driver c s licens a m hkotiGcation. ,, JUtLYKLIX!!S Pr ed ' Lt1'typg 0tg�� :DECOS.Xns N Ric Ba�dMtrIltlShuhtrrara MYcmnminiant:apinz: Gaodtetta, Coleman &.Johanson, P.d 4001 Tamleml T�•sii N. suite 3oa , Naples. FL 34103 Lot ID — J CP- 2008 -1 EXHIBIT GA Page 15 of 29 Packet Page -90- i a� r r O N M r CP- 2008 -1 Thu U1runw,,1 Wcpared By and Relura to: John Holloway, Esquire Garber, Hooley & Holloway, LLp 700 11th Street So., Suite 202 Naples, FL 34103 Parcel iD Numher: 37116720001 Warranty Deed "'r 3802478 OR: 3999 PG: 2240 tirt Mil"ill in 01IICIAL U001➢S of COLLIII CORTi IL O2j16 /2001 It 01:2719 HIGHT 1, BIOCI, CL1YI , COY$ 410000.00 tit 111 10.60 Ida. Doc-" 2010,10 GOORIM COL1IU.I1 AL 1001 MIA11 711 130.0 IAR,Is it 34103 This Indenture. blade this 15th day ofllarch, 2006 A.M. Between Hiebael J. Linssen, a single man o(the county ut Collier, State "!Florida, granlnr, and Kenneth R. Johnson., as Truatee of Land Trust 850.034 under Trust Agreement dated December 1, 2003, with full power and authority either to protect, conserve, and to sell or to lease or to encumber, or otherwise manage and dispose of the Zeal property described herein. whose oars n. 40f11 Tamiumi Trail Noith, Nnpl _•�I•�i.W�rt • 34103 n(tlteCntanyn( ,:8lateoFiFi'�tLr_ «'itnevseth that ilia URANTOR, forand ,uul othm good mul valuable a "deradoolfit gamed. hmccdnou and acid in the said / A' divatc, lying ami homy to the County of I The South 180 feet p,€ according to the plat Public Records of Coil e' This parcel is mina of thesum of 10 f , r c�ort sty, FlorA Property. and the pnulmr ilm. Rend+(• ridly warnua the lido m saitllarui, i( In Witness Whereof, the grantor h= hereunto sat his hand Signed, sealed and delivered In our presence: —C <:;Z� - - - Print. /Z witness Pr ted' -r 1171 Hess JOt��u �Ulki� - - - --' - - DOLLARS. "hereof is luueby acknowledged. hit brava. tic rallouing daseribetl land. Estates Unit No. 11, Book 4, page 203 -104, uaf—DbCsatnc ogatnst lawful cbl=of oil pctmtis witurnsmver. sent Ilia day and year first above wtLren. — u"I I &xZx11--- Sent) tiichael J. Lfnssen P.O. Addnts.lto3rdSlnet Narilnren. Nspics, FL.U11" STATE OF Florida C:QUNTY OF Collier cYkrwr g. ingms tnemenrauaetnoWedgedhetrxrmeehi sl5thduyofldareh, 2006hy I dhael J- Linssen, a single man hi pernawiiykn, n, .r It, mctrcbe hot Midumd hit. Florida driver's license asidenrilricadun. �� JdiLYR(Ml6 Pr ad 0 %�Jri � �'4"�sspii.rua+u�o DPWEitlECQ5,2m9 N r3' tic "°� iWn4diy_ittStYtimgK MyCtunmissioarxpim,. Gaodletta. Ihlemen & Johnson, PA 4001 Tamiem2 YYaLI, N. suite 300 Napies, Ft 34103 EXHIBIT G_4 Page 16 of 29 /� N 9/13/2011 Item 8.13. 4136 OR; 3962 PG; IICOIOID Id OIIICIR IICOM of COLLIIit COMM, IL 01/09/2006 at 02:30Pt1 Dual 1. Imo, CLIII Coll 415000.00 RIC III IMI) Doc -.70 332530 Xeta: GOODLIM COMM It AL 4001 TMIA11 iQ 11301 XULE9 IL 34103 WARRANTY DEED THIS DEED, is made on this 9a' day of January, 2006 between SMUDER -FAUST REALTY, TNC., a Florida corporation (the "Grantor "), and KENNETH R. JOHNSON, as Trustee of Land Trust $50:026 under trust agreement dated December 1, 2005, with full power and authority either to protect, conserve and to sell, or to lease, or to encumber, orotherwise to manage and dispose of the real property descnbed herein (the "Grantee "), whose poo" r, a 400I Tamiami Trail North, Suite 300, Naples, FL 34103. /rt1�� Grantor, in consideration o and valuable considerations to said is hereby acknowledged, has gr<al successors and assigns forever, County, Florida, to wit r The East 150 feekgl feet of the South 87 it Estates Unit No. 1 1, Book 4,. Pages 103 a Florida i of.TEN AND NO /IOb ObLARS (S 10.00) and other good inn Tntee, ere eiptand sufficiency ofwhich at n d tb the said ntee and Grantee's heirs, la s n f to lying and being in Collier � h I08 and the Ea 9.0 fee West I80 ie North 207 fee tAr M 8 Golde n Gate ing to the plat the corded in Plat 1; Pub ' oliier County cn�i Less and except the West 9.00 feet of the East 150 feet ofthe North 67 feet of the South 272 feet of Tract 108; Golden Gate Estates Unit No. 11, according to the "plat thereof~ as recorded in Plat Book 4, Pages 103 and 104, of the Public Records of Collier County Florida Collier County Tax Folio Number: 37116961006 SUBJECT TO: real estate taxes for the year 2006 and subsequent years; zoning, building code and other use restrictions imposed by govemmental authority; restrictions, reservations and easements of record common to the subdivision; provided, however, that no one of them shall prevent use of the property for residential purposes. This Instrument Prepared By Lot ID — K Linda C. BnnIaTan, Esq. SABrandy Closirres Goodlenr. Coleman & Johnson. P.A. Smuder -Faust st KRJ Trustee. 400I Tarniarrii Trail North, Suite 3DO Warmnty Dced Naples, FL 34103 {Page I oC!1 CP- 2008 -1 EXHIBIT G.4 Packet Page -92- Page 17 of 29 t-M N O N (h O ***- OR: 3962 PG; 2202 ttt And said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the undersigned Grantor has duly executed and delivered this instrument on the day and year first above written. Signed, Sealed and delivered in the Presence of �1 STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING INST9 2006, by Richard Faust, who (---) license as identification, as Preside corporation. S- Brandy Closings Smudcr -Faust st KPJ Trustee Warranty Deed CP- 2008 -1 SMUDER FAUST, REALTY, INC., a Florida Corporation B y. Ric rd Pa6s t President wasacknowle d �fo co s q dayofJanuary, zIly known to me (_) has produced his driver's RUST, REALTY INC., a Florida Notary Pu Sic Print Name: State of Florida at Large My Commission Expires: (Page Z oft) EXHIBIT GA (Notary Seal).+ a°. •.``�t BRWYA.RAS.M UY MISSIM I DO 15016 31 EXPIRES: Febawy 1Q 2007 '�fcrrtc'A gaaxd Tka b4pil Kabrl Gwb : Page 18 of 29 /-11- CP- 2008 -1 THIS DOCUME14T PREPARED WITHOUT EXAKINATION OR OPINION OF TITLE BY. RtTURN TO: Stephen D. HcCenn, Esquire Stephen D. NeCann, P.A. 2180 ImmoFalee Road suite Sob Naples, Florida 34110 Folio Number - 37116960007 9/13/2011 Item 8.13. 3794015 OR: 3990 PG: 3499 tlaL"D lb 0111CII6 UMID0 oI (161I11 COUM. I6 COMM it 11 :(71K 0116$7 1. JIM. f111I 0010 110001.00 Ile fit 11.50 DOC -.70 1140.00 !lIII: 000011171 m4IKU I1 11 1001 YLKILKI 11 11110 11PL11 16 31103 RARRANTY DEED This Indenture, Made this � day of ft b var , 2006, Between Michael Madsen and Kelly H. Madsen, Husband and Wife, hose post office address is 241 Golden Gate Blvd. West, Naples, Florida 34120, hereinafter referred to as "Grantor," and Kenneth R. Johnson, as Trustee of Land Trust 850.032 under Trust Agreement dated December 1, 2005, conferring unto the Trustee hereinabove named, the power and authority either to Protect, conserve and to sell and to convey, or to lease, or to encumber, or otherwise to manage and dispose of the real property described herein. Said-Trustee is hereinafter referred to as "Grantee." The post office address for Grantee is 40".o miami rail North, Suite -300, Naples, Florida 34103. R T B That the Granto o .a d�ir� t n of the sum of ---- - - -T£N AND 00/100 1$10.00 _ - [iQj a o good and valuable Considerations to sal antor n hand} al y Grantee, the receipt whereof is hereby ac edged, has graikte , . ained and sold to the said Grantee, and Gra, 's heirs and-i i r157 forever, the following described land, situate inq and being ins ier Count to- wit. ✓" Yr Florida, t The West 180 feet of Tral�t N GATE E=' ES,. Unit No. 11, according to the plat thereof of record in Plat Book 4, Page 103 -104, Public Records of Collier County, Florida, Together with the West 9.00 feet of the East 180 fact, of the North 87 .feet of the South 272 feet;. Less the East 9.00 feet of the West 180 feet of the South 87 feet of the Worth 207 feet of said Tract 108. SUBJECT to the following, (a) Taxes for the year 2006 and subsequent years; (b) Zoning, building code and other restrictions imposed by governmental authority; (c) Outstanding oil, gas and mineral interests of record, if any and (d) Restrictions and easements common to the subdivision. And said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons. whomsoever. "'Grantor" and "Grantee" are used for singular or plural, as context requires. G-110 te, Coleman 8 Johnson. P.A 4001 Tamisoti TrnR. N. Suite 900 Naples, FL 34103 Lot ID — L 64P, j�o• c37- EXHIBIT G.4 Packet Page -94- Page 19 of 29 P.-I Q� r N co OR: 3990 PG: 3500 In witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written,. Signed, sealed and delivered In our presence: W iness as to th Hlchaal Hadsen Please print name 1 -TEn as �is bath Kelly H. Had to PL 3se''rint name STATE OF FLORIDA ) ) CO=r OF COLLIER I HEREBY CERTIFY on this day efc ;e me, an officer duly qualified to take ackn wle�tt erso ally pp eased Michael Madsen and Kelly H. Madsen, to/ m k to e h per on'a described in and who executed the toregoi g me dg�d before me that they executed the same. Thy a e s 1 t ma or have produced dentificat.ion. WITNESS my h d official se i ounty and State last aforesaid this 2 Please Print !lame (SEAL) Hg Cc..aiaolan F7 Irts; )G.td 4110M y 'j .-Stephen D. McCann OwnraWan f 00358688 Enim Octabar 18, 2008 CP- 2008 -1 EXHIBIT GA Page 20 of 29 '10\ Prepared by and return to. Linda C. Brinkman,Esq. Good)ette, Coleman & Johnson, P.A. 4001 Tamiatni Trsil North Suite 300 Naples, FL 34103 239435 -3535 File Number; 850.023 Witt Cal) No.: Parcel Identification No. 37116920005 WW 9/13/2011 Item 83. 3719723 4R; 3911 PG; 3601 RICORDIO in 0TUCIA!, WORDS of COLLI11 COOKlI, fI, 1011912005 at 09:37AH DFIG87 1. 810CI, CLERT RIC IN 11.50 Ida: DOC -.I0 .10 GOOOL1111 C011KIR 11 11 1001 flulixi iR K #300 1APHS F1 35103 Above This tine For Recording Warranty. Deed. (STATUTORY POW - SECTION 689.02, F.S.) This Indenture made this r 441 day of October, 2005 between Joseph D. Peterson and hoary Peterson, husband and wife whose post office address is 101 Willoughby Drive, Naples, FL 34110 of the County of Collier, State of Florida; grantor *, and Kenneth 1L Johnson as Trustee of the 850.023 Land Trust. dated October 4, 2005, with full power and authority either to protect, conserve and to sell, or t a ber, or otherwise to manage and dispose of the real property described herein, whose post office ¢rimS 4 11 North, Suite 300, Naples, FL 34103 of the County -of Collier, State of Florida, grante� f` i WitneSSeth that said grantor, for an in good and valuable considerations to s id g11, has granted, bargained, and sold to e s 5 situate, lying and being m Collier Cv ntyi(1 n The East 150 feet of Trac recorded in Plat Book 4, Pa fr erauo s of TE A ' h'O1) 00 DOLLARS ($10.00) and other to d at by saI grantee the eceipt whereof is hereby acknowledged f� si forever, the following described land, open Date- ;s t� lrt 0:21 l ording to the plat thereof, as 04, of the Publlc 1014; of o_ll of County, Florida. and said grantor does hereby fully warrant and V t of d the same against lawful claims of all persons h !. W omsocver. -� = "Grantor" and `Cmmntce arc used for singular or Plural, as context mquire5. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: (Seal) eph , Peterson ��' �ti�'✓ (Seal) 7ak�,P�n Lot ID —M nouhlarmco CP- 2008 -1 EXHIBIT G.4 Page 21 of 29 Packet Page -96- era N r r O N co O "I OR; 391 PG; 3602 '" State of Florida County of Collier jh The foregoing instrument was acknowledged before me this day of October, 2005 by Joseph D. Peterson and Mary Peterson, wbo U are personally known or (X) have produced a dnvlicense as identification. [Notary Seal] tr BRANDY A, R, %KE Notary Public - . W COMMON I DO 1297e , a EXPMM- February 16,X07 Printed Name; '1F«nc;. GWtQTWjaw9dNcisly& iai My Commission Expires: y R. C0 THIS CORBECTIPB AARTrAIM D EEING RECORDED SHORE IN 'THAT CERTAIN VA cDEED—RECORDED IN OF THE PUBLIC RECORDS OF� ZE> -EQDN 1Vorrarrry peer! (Stanuan, Form) - Page 2 CP- 2008 -1 (f-Nluo 1 FEE ��g,C EXHIBIT GA ,T THE NAHE OF THE WITNESS RECORDS BOOK 3907 PAGE 2749 DoubieTimeo Page 22 of 29 9/13/2011 Item 8.13. 3793121 OR: 3990 PG; 0267 RBCORD'D in OII1CIA1 RICORD5 Of COLLIER COUM, IL 03 /O1 /t00b at 08:t8AK QYIGHT 1, 810Cr, Clar cogs 250000,00 HC 111 11.50 DOC -, 70 1750.00 YatD: GOODLIM COLIKU aT AL tool MAKI TR 11300 XAME IL 34103 Vt'ARRANTY D + + D_ THIS DEED, is made on this X day of February, 2006 between HERBERT 1. BUCK (the "Grantor "), and KENNETH R. JOHNSON, as Trustee of Land Trust 850.025 under trust agreement dated December 1, 2005, with full power and authority either to protect, conserve and to sell, or to lease, or to encumber, or otherwise to manage and dis . se of the real property described herein (the "Grantee "), whose post office address` � a !g59raklNorth, Suite 300, Naples, FL.34103. Grantor, in considerst and valuable considerations to is hereby acknowledged, successors and assigns foiev County, Florida, to wit: The East 7; Estates Unit Book 4, Pal Florida. Collier County Tax lhd�§um ofM AND lP" OLLARS (S I 0.00) and other good t8 andpaidbyGra cc, e receipt and sufficiencyofwhich to > a n. an s' s Id to t e s id Grantee and Grantee's heirs, I s Gd pe , si ated, lying and being in Collier i e est l o za ,Golden Gate according to the r recorded in Plat �4, of the Public' . ,� f Collier County, SUBJECT TO: real estate taxes for the year 2006 and subsequent years; zoning, building code and other use restrictions imposed by governmental authority, restrictions,- reservations and easements of record common to the subdivision; provided, however, that no one of them shall prevent use of the property for residential purposes. Grantor warrants that the above described property is vacant land and not his homestead. Grantor's homestead address is 5405 Jaeger Road, Naples, FL 34 L09. And said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. S:T randy Closings Buck st KRJ Trusree 1Vatranty Dad CP- 2008 -1 Lot ID — N (Page I oft) EXHIBIT GA Packet Page -98- This Instrument Prepared By Linda C Brinkman, Fsq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail Nonk Suite 300 Naples, FL 34103 r Page 23 of 29 N CD N co d7 CP- 2008 -1 * ** OR: 3990 PG: 0268 t" IN WITNESS WHEREOF, the undersigned Grantor has duly executed and delivered this instrument on the day and year first above written. Signed, Sealed and delivered in the Presence of: Print ame: !u IMABERT J. $ CK �G� Prin Name:' C7�'�'Iv..Kc:-o STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING February, 2006, by HERBEI produced his driver's Iicense SABrandy Closings Buck st i W Trustee Warranty Deed State of Fonda at.Large My Commission Expires: (Page 2 of 2) EXHIBIT G_4 me on this 2 dag n to me or who ) has (Notary Seal) BRANDYA. RJlSCf$(E MY COMMMSIOR { DD ISMF = <,•one+" PESFebruary16,280; 6udserlr�rrs+rrY:. 1 Page 24 of 29 9/13/2011 Item 8.13. Rett: 4101163 OR; 4307 PG; 1221 GOODLETTI COLMAN 14 AL RECORDED in the OFFICIAL. RECORDS of COLLIER COMM, It CONS 455000.00 4101 TAHIAISI TR B 4300 12/03/2001 at 08:07AX DWIGHT 1. BROCI, CLERK RIC 111 18.50 NAPLES FL 34103 DOC -.10 3185.00 WARRANTY DEED THIS WARRANTY DEED, is made, executed and delivered on this S day of November, 2007 between SAINT Louis GEDEUS AND CHRISTINE GEDEUS,husband and wife (the "Grantors "), and KENNETH Rt JOHNSON, AS TRUSTEE UNDER LAND TRUST 850.038, with full power and authority to protect, conserve and to sell, lease, encumber or otherwise to manage and dispose of the real property hereinafter described, whose post office address is: c/o Goodlette Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300, Naples, FL 34103, (the "Grantee "). WITNESSETH: that Grantors, for and in consideration of the sum of TEN AND 00 /100 DOLLARS ($10.00) and other good and valuable considerations to Grantors in hand paid by Grantee, the receipt and sufficiency wher r cknowledged, have granted, bargained and sold to said Grantee and Grantee's gns forever, the following described property, situate, lying and bein ' 'iJ}t ounty of Co of Florida, to wit: THE WEST 11)� F F C DE G TE ESTATES, UNIT NO. 1, c r ' g o th e rec rded in Plat Book 4, at P s 03 'l1 4 f e P li o ds of Collier County, Fl 'Pr Property ID 7116880006 SUBJECT TO: re ?s ��ere�-07 and subsequent years; zoning, buildin ictions imposed by governmental audho, ty; ouwanding oil, gas and riiulcrai interests of record, if any; and restrictions and easements common to the subdivision, provided however that no one of them shall prevent use of the property as a single family residence. AND Grantors hereby covenant with the Grantee that Grantors are lawfully seized of said Property in fee simple; that Grantors have good right and lawful authority to sell and convey this Property, and that Grantors hereby fully warrant the title to the Property and will defend the same against the lawful claims' of all persons whomsoever. C:1KRJ\DEEDs GEDEUs To KRJ, As TRUSTEE 90 3'a Street NW, Naples, FL Warranty Deed (Page I of 2) CP -2098 1- - : -- EXHIBIT GA Page 25 of 29 Packet Page -100- ritil r O N co rn * ** OR; 4307 PG; 1222 * ** IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals on the day and year first above written. Signed, sealed, and delivered in the esence as to both: ill? Print Name: GRANTORS: SAINT LOUIS GEDEUS Print Name: CHMSTINF, GEDEUS STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING November, 2007 by SAINT I are is personally known to identification. NOTARY pUBUCSTATB OF FLORIDA ,h, - .f Karen C, Stevenson *Commisslon#1)1)467739 Expires: OCI: 14, 2009 Bonded Thra Atlantic Bonding co., Inc. I�T�w �ov��ec�ge ore me on this 5 day of ;DELIS AND H STIN E ,HUSBAND AND WIFE, who o who produce r tive driver's license as NGtary Public State of Florida at large / Print Name: My Commission Expires: `L"v l (Notary Seal) CAKRIIDEEDS GEDEUS To KRJ, As TRUSTEE 90 3d Street NW, Naples, FL Warranty Deed (Page 2 of 2) CP- 2008 -1 EXHIBIT GA Page 26 of 29 1.1'\ lets: GOODLETTS COLEKU BY Al 4001 TAKIAKI TR A 1300 WLES FL 34103 9/13/2011 Item 8.13. 3828408 OR; 4026 PG, 1313 REC FBB 16.50 RECORDED in the OFFICIAL RECORDS of COLLIER COOBTY, FL DOC -.70 .70 04/27/2006 at 03:24PK DWIGHT B. BROCI, CLSRI Note to Tax Collector: The transaction evidenced by this instrument Is exempt from Florida Documentary Stamp Tax in accordance with Florida Administrative Code Rule 12B4.01.3(32Xd) being a transfer from one trustee to a successor trustee without change In beneficial ownership. DEED TO SUCCESSOR TRUSTEE THIS DEED is made on this ��day of April, 2006, between BRETT RUBtNSON. AS TRUSTEE OF THE GOLDEN GATE BOULEVARD WEST TRUST, with full power and authority either to protect, conserve and to sell, or to lease or to encumber, or otherwise to manage and dispose of the real property described herein, pursuant to Florida Statute 689.071 (hereinafter called the "Grantor"), and KENNETH R. JOHNSON, AS SUCCESSOR TRUSTEE OF THE GOLDEN GATE BOULEVARD WEST TRUST, with full gl.autho. either to protect, conserve and to sell, or to lease or to encumber, or otherwise t As UG&I f the real property described herein, pursuant to Florida Statute 689.071,0�,, call �ifite�'- ),6 "), whose post office address is: c/o GOODLETTE, COLEMAN & JQfSt�P.A, 4001 Tamiam°r��North, Suite 300, Naples, FL 34103. The Grantor, in consi#ier orci h , }4I /lOb DOLLARS ($10.00) and other good and valuable consade Rio s ti's 7d, r o 4ia d` kiid� y tf e'Grantee, the receipt and sufficiency of which is hereby!ra�nal�,vl.�`i�'ge�„ 4 ted, b r ine d sold to the said Grantee and Grantee's heirs, successotKTJ assigns forever, t ]lowing de � edproperty, situated, lying and being in Collier County, a, t o wit: The East 180 feet "ji t,110, Golden Gat 'Asti es, Unit No., 11, according to the map or'��at tea f�as _ rdeldrrPlat Book 4, at Pages 103 and 104, of the Public?? ,,�r •;, ;,Florida. IMM the same property conveyed to grantor by Deed to Successor Trustee dated October 14, 2005 and recorded October 19, 2005 in Official Records Book 3914, at Page 3577, of the Public Records of Collier County, Florida). The subject property is unimproved and vacant land and not the homestead of Grantor who resides outside the State of Florida. Collier County Tax Folio No: 37117120008 SUBJECT TO: real estate taxes for the year 2006 and subsequent years; zoning, building code and other use restrictions imposed by governmental C:0ARlCrown Rubinson Deed to Successor Trustec 101ti btu: (Page I of 2) This Instrument Prepared By: Linda C. Brinkman, Esq. Goodienc, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 CP- 2008 -1 EXHIBIT GA Page 27 of 29 Packet Page -102- one N N O N co r rn * ** OR: 4026 PG: 1314 * ** authority; outstanding oil, gas and mineral interests of record, if any; and restrictions and easements common to the subdivision. And said Grantor does hereby specially warrant the title to said land, and will defend the same against the lawful claims and demands of all persons claiming by, through or under Grantor, but against none other. IN WITNESS WHEREOF, the undersigned Grantor has duly executed and delivered this instrument on the day and year first above written. Signed, sealed and delivered in the presence of: Print NcWe:.1l \ 1%ti N COMMONWEALTH OF COUNTY OF ii,Alf 5 THE FOREGOING INST1�t 1T was 2006, by BRETT RUBINSON, ❑ whd^- ii'pets,�c�i license. as identification, AS TRUSTEE O 't Ri, behalf. /�✓�G,�� BRETT RUBINSON, As TRUSTEE OF THE Pa GATE BOULEVARD WEST TRUST U0 efore me on this .4 G "clay of Apri l, i e or ❑who produced his driver's BOULEVARD WEST TRUST and on its NotavV Public _�- ` Print ame: = JpW,671' d - 1- Commonwealth of Pennsylvania My Commission Expires: (Notary Seal) C :\BAR'•.Crown Rubinson Dccd to Successor Trustee �'L'� "'• "' : :: t U�AN(o- No(MU Seal (Page 2 oft) .t"C.BkSTORttal NotaFYPibo WIMMM TAP, ('1. miff[=iR1' MtttttbW PwMsv"n7 association Of N Mries CP- 2008 -1 EXHIBIT GA Page 28 of 29 This Document Prepared by Michael A. Durant CONROY, CONROY 6 DURANT, P.A. 2210 Vanderbilt Beach Road, Suite 1201 Naples, Florida 34109 Parcel ID Number: 37117200009 Warranty Deed This Indenture, Made this 10th day of June Kevin P. Broader, a single man 9/13/2011 4306492 OR: 4461 PG: u4g1 xxx RECORDED in OFFICIAL RECORDS of COLLIER COUIM, FL 06/11/2OD9 at 10:06AX HIGHT 2. EROCI, CLERI Cods 240000.00 RIC FEE 10.00 DOC-110 1680.06 Retn: GOODLETTI COLINAN ET AL 4000 TAHIANI TRL R 130D NAPLES FL 34103 , 2009 A.D. W the Coumy of Collier , state of Florida Kenneth R. Johnson, as Trustee of Land Trust 850.045 waosc address is: 4001 Tamiami Trail, Suite 300, Naples, FL 34103 Between , grantor, and of the County of Collier , State of Florida , grantee. Witnesseth that the GRANTOR. for and in consideration of the sum of - --- ------------- - - - - -- -TEN DOLLARS ($10)---- --- ---- ---- -- --- --- DOLLARS. and othcr good and valuable consideration to GRANTOR in hand paid by GRANTEE. the receipt whereof is hereby acknowledged, has granted. bargained and sold to the said GRANTEE and GRANTEE'S heirs. successors and assigns forever, the following described land, situate. hying and being in the County of Collier State of Florida to wit: The South 75 feet of the North 150 feet of Tract 111, Golden Gate Estates, Unit No. 11, accordiac, tta, e...plat thereof as recorded in Plat Book 4, pages 103 and -' Oq ,_:4,` t i eiqrds of Collier County, Florida. Subject to real property d— va- l -ereemm _taxes r Nthe year of closing; zoning, building code, use r�stric 'oits imposed by governmental authority; o t;atar in'.. k gL 3nd� mineral interest of record, if any; restri 't iori+sr,?z'ns9� if?fF;�/ and ieasements common to the subdivision. Together with all ten'eAnents, heredity Ants an'j°iappurtenances thereto belonging or in anywise Appertaining. <r* ) /'Jn , and the gramor does hereb} lully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof,the grantor has hereunto set his hand and seal the day and year first abo�c written. d, sealed and deliverfd in our presence: (Seal) rint�td Name: "Jjzrc i T 1'L%/'y.�'`� Kevin P. Broader v A� Witness / / P.O. Address. 1311st Street NW, Naples, FL34120 _Printed Name: J�a C! ; DFed.LT Witness STATE OF Florida COUNTY OF Collier i "fhe foregoing instnunent was acknottlydeed before me this day of 2009 b} Kevin P. Broader, a single man Item 8.13. he is persow:dh known to me or he has produced his Florida driver r s hLcense as identification. \ - • °•.,•.•.'° 44000E IKE L ANDREWS ' x_ MY CAMh05SI0tr 4 DD 840823 � ',- EXPIRES: Deceff"r22,2012 tary lic geNrb ttoa Thn, No" Public unamamn My Commission Expires� CP- 2008 -"M_JO1WS017 EXHIBIT GA Page 29 of 29 u,r, c ,.„t t•. c o,r,t,. s, :u„u tM Zo tarot ibJ -c,py From F't IM I Packet Page -104- O N cY3 O This page intentionally left blank. n 08/13!2009 THU 15:15 FAX 2399470375 COLLIER COUNTY GOVERNMENT ADDRESSING DEPARTMENT 1tatM.C*LLlMGAV.NET 9/13/2011 Item 8.13. �6� : - - county 'M'� 2200 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252.3724 Please complete the following and fax to the Addressing Department at 239 -252 -5724 or submit in person to the Addressing Department at the above address. Form must be signed b_v_Addressino Personnel orior to ore - application meeting, pfease allow 3 days for processing. Not all items will apply to every projeci Items in Well type are required. FOLIO NUMBERS MUST BE PROVIDED, Forms older than 6 months will require: additional review and approval by the Addressing Department. PETITION TYPE (indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ CamivaltCirous Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) N pUD Rezone ❑ VRSFP (Vegetation Removal &Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPMON of subject property or properties (copy of lengthy description may be attached) A PORTION OF GOLDEN GATE ESTATES UNIT N011 AL RECORDED IN PLAT BOOK 4 AT EaGES 103 104 OFTH LIC RECORDS 0EDOLLIER COUNTY, LORIDA Al AQ BEING IN SECTION 4 T0"y"MSHIP 49 SOUTH RANGE 27 -F1S'l COLLIER COUNTY FLOP MA FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 37119640001 3711080003 37119800009 37117120008 37117160000-3-7117040007, 37117080009 37117000005 37117280003 37116720001 37116961006 37118060007 37116920005 37116840004 37116880006 AND 37117200009 STREET ADDRESS or ADDRESSES (as appkcable, if already assigneag 110 AND 131 1ST ST NW 121 141 165,171, 181 221 241 AND 265 GOLDEN GATE BOULEVARD WEST 410 AND 90 3RD ST NW, LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way. SURVEY (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) PUDZ- 1PI-2009 -1017 REV:1 ESTATES SHOPPING CENTER CPUD DATE:10116109 DUE:11116109 Packet Page -106- N 0 (V co 0) 08/13/2009 THU 15:16 FAX 2399470375 fir C=Xty COLLIER COUNTY 001f ERNMENT ADDRESSING DEPARTMENT WWW,CfS)LlJEFtG 0V.N ET ESTATES SHOPPING CENTER CUD PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing prgiecfsis tes only) SDP or AR # 29DO NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252.2400 PAX (239) 252 -3724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) PROPOSES - ESTATES SHOPPING CENTER CPUD Pa f) 0+ Please Check One: [Z Checklist is to be Faxed back ❑ Personally Picked Up APPLICANTNAME: SHARON UMPENHOUR PHONE 947947 -1144 FAX 947 -M75 0002 /002 Signature on Addressing Checklist does not constitute Project and /or Street Name approval and is subject to further review by the Addressing Department. FOR STAFF USE ONLY FLN Number (Primary) 5111 9S Folio Number 3�1 11 U C> t> ,3 0 n Folio Number � "11 \ �{`$G C7t�°r.� � '',� � t \ `l ©�,U U v� -111 Lcg G- cy a r�-'j 3'1 t S Lcot-Z'C10;05 Folio Number "� \ \ 'l t Z 6 [a D a~1 1 1 � o voce C> �1 t 1 "\ \ c� v v -i t 1-'1 `Z $ tc ao 3 l ► 4�`i3 c�01, o 00 b Approved by: ":'� ln�Y' Gt r✓'t Date: Updated by; Date:_ F C) DER 6 0110IN T S, FOPdA MUST BE Sharon Umpenhour From: Marco Espinar [marcoe @prodigy.net] Sent: Thursday, August 06, 2009 11:00 AM To: Bailey Erin Cc: Sharon Umpenhour Subject: Historical /Archaelogical Search Good Morning Erin, 9/13/2011 Item 8.13. PUDZ- PL2009 -1017 REV:1 ESTATES SHOPPING CENTER CPUD DATE: 10/16/09 DUE: 11/16/09 I need an archaelogical / historical search for Section 4, Township 49, Range 27 in Collier County. I have a project 41 ac +/- in the south east corner of the section. Can you please send me a letter and map of your records. Thank You Marco Espinar Collier Environmental Consultants Inc. CP- 2008 -1 8/6/2009 Page 1 of 7 Packet Page -108- EXHIBIT V.C.3 ., 1 a) 0 N M 0 August 6, 2009 Florida Master Marco Espinar Site Collier Environmental Consultants, Inc. u�6 File 3880 Estey Ave. Naples, FL 34104 Email: marcoe @prodigy.net In response to your inquiry of August 6, 2009 the Florida Master Site File lists no previously recorded cultural resources in the following parcel of Collier County: T49S, R27E, Section 4 When interpreting the results of this search, please consider the following information: • This search area may contain unrecorded archaeological sites, historical structures or other resources even if previously surveyed for cultural resources. • Federal, state and local laws require formal environmental review for most projects. This search DOES NOT constitute such a review. If your project falls under these laws, you should contact the Compliance and Review Section of the Division of Historical Resources at 850 -245 -6333. Please do not hesitate to contact us if you have any questions regarding the results of this search. Sincerely, Erin Michelle Bailey Archaeological Data Analyst Florida Master Site File 500 South Bronough Street • Tallahassee, FL 32399 -0250 www. flheritage .com /preservation/sitefile 850- 245 -6440 ph 1 850- 245 -6439 fax SiteFile @dos.state.fl.us CP- 2008 -1 Page 2 of 7 EXHIBIT V.C.3 rte-: FLORIDA DEPARTMENT OF STATE Kurt S. Browning Secretary of State . DIVISION OF HISTORICAL RESOURCES August 7, 2009 9/13/2011 Item 8.13. RECEIVED AUG 12 2009 Q. f-ady Minor & Associates, RK Mr. Marco Espinar Collier Environmental Consultants, Inc. 3880 Estey Avenue Naples, Florida 34104 Re: Cultural Resource Assessment Request for Estate Shopping Center Proposed Amendment to the Collier County Growth Management Plan 44 Acres in Section 04, T49S -R27E, Collier County DHR Project File No. 2009 -4448; 2006 -1916 Dear Mr. Espinar: According to this agency's responsibilities.-under Sections 163.3177 and 163.3178 .Floriiiiz:_. Statutes, Chapter 9J -6, Florida Administrative Code; and .any appropriate local ordinances; we reviewed the proposed potential comprehensive plan amendment. n This agency reviewed a slightly smaller version of this proposed project in 2006. At .that tune; we were concerned that while there were no recorded sites within the project parcel, nor ..was the parcel within the Collier County archaeological high probability area, if any hardwood hammocks were present or. had been present, there would be a good probability for :unre.corded archaeological resources. Because of the potential for archaeological resources, we:suggested. that the property be subjected, to a cultural resource assessment survey. _ After, szurcpruneisJieen�sent `:tatlaeraI3ca164 w1mie-cew-od information that there were no hardwood hammocks on the property, and that the. property had been subjected to "impacts from ..continit d&use by the homeless. andsecreatlonal Velucie: riders:' Buried resources shotild ro be greatly disturk e l by- - timeless people or`recreational vehicle riders, but if there Are no hamxriocks, the likelihood of: significant archaeological.. resources being present is low. Based on the additional information received that there are no.-hammock areas on this property; . it is the opinion of this office that the proposed project will have no effect on historic properties listed, or eligible for listing in the National Register of Historic Places, or otherwise of historical or archaeological value. 500 S. Bronoug6 Street . Tallahassee, FL 323994250 • http .*/ /www.flheritage.com Cl Director's Office 0 Archaeological Research Historic Preservation (850) 2456300 * FAX: 245 -6436 (850) 245 -b • FAX 245 -6452 (850) 245 -6333 - FAX: 245 -W7 CP- 2008 -1 Page 3 of 7 EXHIBIT V.C.3 Packet Page -110- I 0 N M If yari,hav Harp Sincere,Iy . � D . Laura ESTATES SHOPPING CENTER SUBDISTRICT 9/13/2011 Item 8.13. EXHIBIT V.C.3 HISTORICAL /ARCHAEOLOGICAL PROBABILITY MAP RNG 7-7 1 RNG 28 PREVIOUSLY SURVEYED AREA hiEAT3.'NS QUA2}%2AN INDICATES AREAS OF HISTORICAL /ARCHAEOLOGICAL PROBABILITY 'AREAS lOF fil BEIIE E GLE CAL ARC ii Q CAL FROBALIMkM INDICATES HISTORIC STRUCTURE (NOT TO SCALE) INDICATES ARCHAEOLOGICAL SITE (NOT TO SCALE) wtataY yir'nwsmrr ur ...`,wa+��r -ter . CP- 2008 -1 Page 5 of 7 EXHIBIT V.C.3' Packet Page -112- 48 49 )o1 i 0-12. N O N co r rn USGS BELLE MEADE NE: DATA SHEET General Description: This quadrangle is situated in the Flatwoods Zone in the central portion of Collier County. The land can be described as predominantly freshwater marshland with occasional areas of pine flatwoods. Curry Island and Big Corkscrew Island lie in the extreme northem portion of the quadrangle. SR 84 (Everglades Parkway /Alligator Alley) runs east -west through the southern half of the map area. The southeastern comer of the quadrangle is contained within the Golden Gate State Forest. The eastern and northern thirds of the quadrangle are part of the Golden Gate Estates development with Golden Gate Boulevard and Everglades Boulevard serving as the main avenues. These areas have been ditched and drained and access roads built in a grid pattern. It should be noted that a majority of this quadrangle is not divided into Sections within Township 49 South, Range 27 and 28 East. Thus, locational data, particularly soil type distribution, is not easy to evaluate. Previous Work: Several professional historical/archaeological survey have been undertaken within this quadrangle. One was performed for the Ford Vehicle Evaluation Facility (#4414 - ACI 1995), and no sites were discovered. In addition, the 1991 AHC survey targeted and investigated selected locales within this quadrangle and recorded one site (8CR729). In 1994, Weisman and Newman (#4013) conducted a reconnaissance of the Golden Gate State Forest, but recorded no sites. The other recorded sites within this quadrangle were reported by John Beriault and other local archaeologists (FSF). Previously Recorded/Reported Sites: There are seven reported archaeological sites within this quadrangle. They are all black dirt middens; however, 8CR741 may have also been a Seminole campsite. The location of each site is depicted on the Probability Maps. Discussion/Recommendations: In general, much of the area is a broad, level expanse of wetlands. Potential site locations (probability zones) identified by the predictive model are shaded. These conform to the margins of Curry Island (Beriault, personal communication) or slightly elevated areas of hammock or pine vegetation with rapid internal drainage. All shaded areas on the Probability Map are recommended for professional archaeological survey. In addition, all previously recorded archaeological sites should be relocated and assessed as per their condition and significance. CP- 2008 -1 Page 6 of 7 EXHIBIT V.C.3 n n USGS BELLE MEADE NE: 9/13/2011 Item 8.B. SITE INVENTORY SHEET Site No. Site Name hm(s) Continents CR00183 Conch A CROW 84 Deer Leg A CR00185 Lily A CR00693 Trema A CR00729 Lone Fallen Oak A CR00741 Garden Grove A,1 CR00780 Kyle A CP- 2008 -1 Page 7 of 7 Packet Page -114- EXHIBIT V.C.3 I so 0 SO N O N M d7 This page intentionally left blank. Ca MT County COLLIER COUNTY GOVERNMENT r� DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 9/13/2011 Item 8.13. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 643 -6968 Date: L'� ( �- Time: Firm Project Name: PL# Size of Project Site: acres Applicant Name: k lnia "I Phone: 413 9 - 3.5 3,5 Owner Name: lr� � jib - Phone: -iv 5 —.�� Owner Address: , va%� -c City Stateg�' ZIP Existing PUD Name and Number K Assigned Planner, Meeting Attendees: (attach Sign -In sheet) Meeting Notes ., r � � mss_ �'' ��r"�►�► �• •. fly t, �M r r O N C� r Car County COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 232 -2400 FAX (239) 643 -6968 PUD REZONE (PUDZ) PUD to PUD REZONE (PUDZ -A) PUD AMENDMENT :(PUDA)„ APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW kl^Te. 1w1rnnea1 CTO a IMRITTeI_e, WILL NOT BE ACCEPTED. W GVVCK ZMCC1 AI IA%.ncv 1 .r r.v.. - - - -- REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED 1 Additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) 1 Additional set for School Board Review (if contains residential components) Copies of detailed description of why amendment is necessary d 24 Completed Application (download from website for current form) Pre-application meeting notes 24 24 /K i, PUD Document & Conceptual Site Plan 24" x 36" and One 8 1/2" x 11 " copy 24 Revised Conceptual Site Plan 24" x 36 "and One 8 1/2" x 11 " copy 24 Al Original PUD document and Master Plan 24" x 36" ONLY IF AMENDING THE PUD Revised PUD document with changes crossed thru & underlined 24 24f Revised PUD document w amended Title page w ord #'s, LDC 10.02.13.A.2 24 Deeds /Legal's & Survey (if boundary of original PUD is amended) 3 List identifying Owner & all parties of corporation 2 Owner /Affidavit signed & notarized Covenant of Unified Control 2 2 X Completed Addressing checklist 2 A Environmental Impact Statement (EIS) * or exemption justification 2 Digital /electronic copy of EIS Va. I Historical Survey or waiver request 1A 4 / Utility Provisions Statement w/sketches 4 Architectural rendering of proposed structures 4 �r t' Survey, signed & sealed 4 i Traffic Impact Statement (TIS) or waiver (with applicable fees) Copy of Traffic Impact Statement (TIS) on CDROM 3 Aerial photographs (taken within the previous 12 months min. scaled 1 "= 200'), showing FLUCCS Codes, Legend, and project boundary 5 Electronic copy of all documents in Word format and plans (CDRom or Diskette) V 1 Justification/Rationale for the Deviations (must be on a separate sheet application material; DO NOT include it in the PUD documents) ithin t p Copies of Official Interpretations and /or Zoning Verifications 24 1 A ANN Cor County COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 9/13/2011 Item 8.B. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 643 -6968 liiforctableMoustrng or`i= conomtc Deveiopmerff Cour+dl Peojects '. . PARKS & REC — Sid Kittila ❑ EDC "Fast Track" must submit approved copy of official 2 City of Naples — Robin Singer application IMMOKALEE WATERISEWER DISTRICT ❑ Affordable Housing "Expedited" must submit copy of signed Utilities Engineering — Zamira Deltoro Certificate of Agreement. *If project includes an Affordable Housing component, you are required to schedule a meeting before the Affordable Housing Advisory Committee by contacting the Collier County Housing and Human Services Department at 239 -252 -2273. n If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @p 239 -690 -3500 for information regarding "Wildfire Mitigation & Prevention Plan ", LDC Section 2.03.08.A.2.o.(b)i.c. 7 If located within V2 mile of City of Naples send copy of submittal package to: Robin Singer, Planning Director City of Naples 295 Riverside Circle, Naples, FL 34102 Fees: Application Fee:] $10,000 (PUD Rezone) + $25 per acre (or fraction of thereof) ❑ $8,000 (PUD to PUD) + $25 per acre (or fraction thereof) ❑ $6,000 (PUD Amendment) + $25 per acre (or fraction of an acre) ® $150.00 Fire Code Review / $100 for PUDZ -A $2,250.00 Comprehensive Planning Consistency Review ® $500.00 Pre - application fee (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required. ® $925.00 Legal Advertising Fee for CCPC meeting ® $500.00 Legal Advertising Fee for BCC meeting (advertising costs are to be reconciled upon receipt of Invoice from Naples Daily News). $2500.00 Environmental Impact Statement review fee Property Owner Notification fees. Property Owner Notifications $1.50 Non - certified, $3.00 Certified return receipt mail (to be paid after receipt of invoice from Dept. of Zoning & Development Review) Attach a Separate Check for Transportation Fees (Refer to Exhibit A): $500.00 Methodology Review Fee, if required *Additional Fees to be determined at Methodology Meeting Fee Total $ PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Comments should be forwarded to the Planner prior to the due date SCHOOL DISTRICT PARKS & REC — Sid Kittila SUPERVISOR OF ELECTIONS City of Naples — Robin Singer DR/EMI — EMER. MGMT — Jim Von Rinteln IMMOKALEE WATERISEWER DISTRICT CDES Coordinator — Route Sheet Only Utilities Engineering — Zamira Deltoro Packet Page -118- E N O N M 07 C0 *r County COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 643 -6968 PUBLIC PARTICIPATION REQUIREMENTS LDC 1003 5'F. Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.B.8. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Zoning Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one - fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Zoning Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Zoning Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. RECORDING -O;F DEVElOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. W 9 F. i* H. Z F- LU LU LL 0-1 W. 5.� E CL 0 CD a V 0 0 4) E O V-1 LI Q w, LLI z CY) z N C ul n Z Z 0 -.1, 4--� 9/13/2011 Item 8.B. Packet Page -120- V, CD M CD CD cl� Q ui Co CO CO 0 (0 C:) ti L) Co '0 0 cc LU LU U) z Z Cr) CO O CD CD LL LU Ce 7' 14, LU —t3 V) IQ LU Co D z LU ri L��- 0 L� A z�N N LU Z V) Ce (In 0 z �- n uj Q .� S ( � L Z'7 N o o" Packet Page -120- V, CD M CD CD cl� Q ui Co CO CO 0 (0 C:) ti L) Co '0 0 cc LU LU U) z Z Cr) CO O CD CD LL .� CU O N M 08/13/2009 THU 15:15 FAX 2399470375 COLLIER COUNTY GOVERNMENT ADDRESSING DEPARTMENT VUtRtltlt.00LLIERG OV.NET �, Xty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (238) 252 -24DO FAX (239) 252 ,5724 2100x /002 Please complete the following and fax to the Addressing Department at 239-252 -5724 or submit in person to the Addressing Department at the above address. Form must be toad by Addressing personnel prior to ore - application meeting, Please allow 3 days for prgeessinra. Not all items will apply to every project. items in hold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (indicate type below, complete a separate Addressing Chsoklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus; Permit ❑ SDP (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIP► (insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) (� PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) A PORTION OF GOLDEN GATE ESTATES UNIT NO, AS RECORDED IN PLAT f3QQK 4 AT PaGES 103 104 OFTHE P LIC RECORDS 0F.MLLIER COUNTY, FLORIDA, ALSO BEING IN SECTION 4 TOWNSHIP 49 SOLITH RANGE 27 EAST, COLLIER COUNTY FLO IDA FOLIO (Property ID}' NUMBER(s) of above (aftaah to, orassoolate with, legal description ifmore than one) 37119840001 37119880003 37119800009 37117120008 37117160000 37117040007 37117080009 37117000005 37117280003 371'16720001 37116961006 37116960007 37116920005, 37116840004 37116880006 AND 37117200009 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of -way • SURVEY (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (d applicable) n 06(13/2009 THU 15:16 FAX 2399470375 Co M- cmnty COLLIER Co4Jmyoo)fERNMENT ADDRESSING DEPAMENT WMN-COWERGOV.NP -T ESTATES 5HOPPING-CENTER CPUD PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projectsrkkes only) SDP Or AR # 9/13/2011 Item 8.13. 28DO NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 757.2400 PAX (239) 252 -4724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed orexisthg) PROPOSES - ESTAT S SHOPPING !CC =NTER CPUD -- Pa Please Check One: (2 Checklist is to be Faxed Back ❑ Personally Picked Up APPUCANTNAMS: SHARON UmPEI1HOUR PHONE 947 -1144 FAX 947 -0376 Signature on Addressing Checklist does not constitute Project and /or Street name approval and is subject to further review by the Addressing Department. FOR STAFF USE ONLY FLN Number (Phrrory) 0 0 1 Folio Number 3"l119S4s'dc> c> -z, 0L�00U7 '")tlt:g(�iocs t¢ Folio Number "E� -11 R9 0 O s o U 09 �3 -A l l Lcq G. FalioNumber "1 'ti ltZ. boat', `�a -l1t "1 oC,C,C>C5S t t 3 `� t•k --1;-J C�'�� 6 >O 4. --1;-J - 1 11 o 1>0O"Ll Approved by ,f'1.Y ! ( ry1 g / -� _ ,,) ! _ Date: Updated by: Date: €t= 0: DER s- €IAN ES MONTHS, FORMI M�JQT BE Packet Page -122- N 0 N CO GundlachNancy Subject: Pre -app PUD - Sharon Umpenhour, Applicant - Nancy Gundlach, Planner (PL2009 -1017) Location: Conference Room C Start: Wed 8/2612009 3:15 PM End: Wed 8/26/2009 4:00 PM Show Time As: Tentative Recurrence: (none) Meeting Status: Not yet responded Required Attendees: GundlachNancy; jarrell_p; AblerKenneth; JohnsonJeremy; MossJohndavid; DeltoroZamira; wiley_r; OteroBrandy; CasalanguidaNick; beard_[; PodczerwinskyJohn; BuchheitDavid; AuclairClaudine; CaliisCraig; chrzanowski_s; DarcoChristopher; ashton_h; weeks—d; AhmadVicky; tayloram @collier.k12.fl.us; Sharon Umpenhour Request information Meeting Type: preapplication Requested By: Sharon Umpenhour on 13- Aug -09 Phone: 947 -1144 eMail: sumpenhour(cDgradyminor.corn Representing: Folio: 37119840001 Zoning E, Estates SPD /SIP Subject Type: PUD Location: Wilson Blvd and Golden Gate Blvd Description: This property is under review for a GMPA application, petition number CP- 2008 -1 ft of commercial land uses. Propose to rezone to CPUD to allow 225,000 sq Details ]A- -- 1 - 1 9/13/2011 Item 8.B. Property Record Sketches U; Trim Notices Current Ownership Parcel NoQ 37119840001 Property Address J NO SITE ADDRESS Owner Name JOHNSON TR, KENNETH R Addresses 850.018 LAND TRUST Map No. UTD 10!4105 % GOODLETTE DOLEMAN & JOHNSON 4001 TAMIAMI TRL N C7ityll NAPLES State I FL Zip11 34103 - 3556 Legal GOLDEN GATE EST UNIT 11 TR 143 Section Township Range F—A cres Map No. Strap No. � 4 49 27 1 4.13 4C04 11 328600 143 04C04 Sub No. 328600 GOLDEN GATE EST UNIT 11 1 Millage Area 71 I Millaae 't Use Code 10 VACANT COMMERCIAL 87 10.70421 2009 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roil Land Value $ 1,215,100.00 ( +) Improved Value $ 0.00 ( =) Just Value $ 1,215,100.00 ( -) SOH Exempt Value $ 0.00 (_) Assessed Value ( -) Homestead and other Exempt Value $1,215,100.00 1 — $ O.00 ( =) Taxable Value 11 $ 1,215,100.00 SOH = "Save Our Homes" exempt value clue to cap on assessment increases. Latest Sales History Date Book - Page —1� Amount 161 2005 11 3912 - 2758 $ 2,500,000.00 0911986 1 1,220-1243 s-07001 The Information is Updated Weekly. hq:// www .collierappraiser.com/RecordD- packet Page - 124 - 0olioID= 0000037119840001 8/26/2009 �1.1 N r O N CO M GundlachNancy From: MoscaMichele Sent: Tuesday, August 25, 2009 12:36 PM To: GundlachNancy Cc: weeks _d Subject: Estates Shopping Center PUD Rezone Follow Up Flag: Follow up Flag Status: Flagged Nancy, Wayne Arnold informed me that the pre - application meeting for the Estates Shopping Center PUD rezone is scheduled for tomorrow. David may have mentioned to you that I will be the assigned planner, but will not be able to attend the meeting because I'll be at the RPC. If you wouldn't mind, I would like to get a copy of the pre - application meeting notes, conceptual plan, etc. sometime later this week. Also, if you have any questions about the proposed GMPA, please let me know some time today and I'll respond by day's end. Also, I plan to meet w/ Wayne and Rich Yovanovich sometime next week to go over the entire PUD submittal. Thank you, Michefe R. 914osca, AieP Principal Planner Comprehensive Planning Department Commimity Development & Environmental Services 2800 N. Horseshoe Drive, Naples, Fl. 34104 tel. 239.252.2466 fax 239.252.2946 9/13/2011 Item 83. COLLIER COUNTY PUBLIC UTILITIES DIVISION PLANNING AND PROJECT MANAGEMENT DEPARTMENT 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 252 -5335 FAX: (239) 252 -5378 Naples, August 26, 2009. Ms. Umpenhour, Following is the information I would recommend for the Planned Unit Development (PUD) application for Folio number 37119840001. Per the 2008 Water and Wastewater Master Plan Updates, this project is not located within the Collier County Water -Sewer District Service Area. Please provide the Statement of Utility Provisions with your application. This future Development is located in the zone of the existing Tamiami Wellfield for the Collier County South County Regional Water Treatment Plant and North County Regional Water Treatment Plant water supplies. The Rules and Regulations for protection of wellfields need to be followed. Please find the information of the wellfield location. attached. All well sites and pipeline easements located on and close to this project need to be shown on the Master Site and Utilities Plans. The current ordinances and stipulations for the utilities are set forth in 2004 -31, and are available on our web site www.colliergov.net Please call me if you have any questions. Thank you, J!� DT~ Project Manager Collier County Public Utilities Planning and Project Management Department Phone number (239) 252 -6279 Cell number (239) 877 -8338 Fax number (239) 530 -6456 Pre -app letter for PUD 8 -26 -09 at 315 to 400 (2) Packet Page -126- +1 0 N bA J� r r N c� c� tom" rn 0 0 N N N N M N O� H W H a� W a U Q d W V) a c� 0 U ,-4 9/13/2011 Item 8.13. s" N O N co O Community Development & Environmental Services C A5-"r County Receipt Number: Transaction Number: Date Paid: Payment Method: Check Number: Full Amount: Amount Tendered: Overage Amount: Contact: FEES: 2800 Horseshoe Drive N. Nap /es, FL 34104 239 - 252 -2400 RECEIPT OF PAYMENT 2009016266 2009 - 008769 08/27/2009 Check 1740 $500.00 $500.00 $0.00 Development Properties, Inc 82 Fountain Cir Naples, FL 34119 Description Reference Number Original Amount Fee Paid Pre - application Meeting PL20090001017 $500.00 $500.00 Cashier Name: murphylinda Batch Number: 444 GL Account 131 - 138326- 341276 9/13/2011 Item 8.B. AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004 -41, as amended, of the Collier County Land Development Code, I did give notice by mail to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per attached letters and or Affidavit of Compliance State of Florida County of Collier s list, which are hereby made a part of this Applicant) The foregoing Affidavit of compliance was acknowledged before me this 19th day of April, 2011 by Sharon Umpenhour, who is personally known to me erwhe has- predueed as (Signature of Notary Pu 'c) eumh�e C I k � I� Se--he- r Printed Name of 141otary Packet Page -130- (Notary Seal) iA��, Yll SCFIER p� �XP�1RyM DW9=TbW 12 2014 „� oNNCp TIn NOFjry ' ui ftwr -- N O N M O GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects April 19, 2011 RE: Neighborhood Information Meeting Petition # PL2009 -1017, Estates Shopping Center CPUD Dear Property Owner: Please be advised that a formal application has been submitted to Collier County, seeking approval of a rezone from the Estates (E) Zoning District to the Commercial Planned Unit Development (CPUD) Zoning District, by Kenneth R. Johnson, Trustee, represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich and Koester, P.A., for the following described property. Approximately 41 acres, located at the northwest quadrant of the intersection of Wilson Boulevard and Golden Gate Boulevard in Section 04, Township 49 South, Range 27 East, Collier County, Florida. The land uses proposed in the Estates Shopping Center CPUD include commercial uses of the General Commercial (C-4) zoning district, with exceptions, and select uses of the Heavy Commercial (C -5) zoning district of the Collier County Land Development Code, at a maximum of 190,000 square feet of gross leasable floor area primarily intended to serve the needs of the growing population in this area of northeastern Collier County. The project is required to be a grocery anchored shopping center and the grocery store is required to be the first business to receive a certificate of occupancy and open for business. in compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to become fully aware of our development intentions and to give you an opportunity to influence the form of development. The Neighborhood Information Meeting will be held on Thursday, May 5, 2011, 6:00 pm at the St. Agnes Parish Center at Restoration Church, 7690 Running Buck Court, Naples, FL 34119. At this meeting the petitioner will make every effort to illustrate how the property will be developed and to answer any questions. Should you have questions prior to the meeting, please contact me. Sincerely, Sharon Umpenhour Planning Technician Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Ph. 239 -947 -1144 • Fx: 239 - 947 -0375 EB 0005151 • LB 0005151 • LC 26000266 www.gradyminor.com I- 9/13/2011 Item 8.B. MS W !°N / if a - _ Z n U a_ O o W� �Q fil awnnnoe Nosy+, u) " _a W I- 9/13/2011 Item 8.B. MS W !°N / if Packet Page -132- CQ C c� z z 0 N Q 0 v 0 J U a_ O o � m1In31f10B Noses, fil awnnnoe Nosy+, r p le Packet Page -132- CQ C c� z z 0 N Q 0 v 0 J A am r W .FJ L C) N lM\M 'I VJ Estates Shopping Gender CPUD PL20M1017 May 5, 2011 MM Malting List RECKEY RAW HAMM NAMES NAM= NAMES Cm ST USUP VSEIN 3778258001 ANN, CARLOSA-&CRAC 1152NOSTNE NAPLES NAPLES R 34"D "" R 51117 2102 3riMM00 AUANORIL LEONARDO W BECKY 6 131167 Sr SW RVMO TK 76083 UPS 37NM01 AMERICAN HOME MRIO SERVO RID 4MOREGBMBLVDSTE2M NAPLES R 34110 BUT 3rAmm001 ANDERSON. 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KENNETH R 850232 LANOTRUST UTD 13105 401 TAMA NTRL N STE 341 NAPLES WPM R JI M Be" FL 34141 3411 371f7JODM JOIWBOR7R KENNEfHR smisso 1 JOHNSON Tit KENNETH R B50JSAUNDTRUST MOMS LAND TRUST UTD 12/105 UTD 5024141 4 TAMMMTRLN CM300 %OCOOLETTE COLEIUNQ JONN60N 40 =TAMMMITRLN NAFFS R 34103 ffi56 27119404108 JON30RTR.tENNETNR SSDM LAND TRUST UTD 1UHM5 001 TAYAMI TRL N STE WD MAPLES R 3103 3M f711M40001 JONSONTR.IENNETNA SSDJW LAMOTRUST UTD lO405 % GOODETTE COLEMAN S" MM XH TAMMMI TRLN MAPLES R 3141 UN 37116iNM1 JOHNAPN TR, KENNETH R LAND 4MJ734TRUST UM 120IA5 4001 TAYWAI IRS NAPLES NAPLES FL U103 35M R 341" 3411 371172MM9 KENETHRJOHKWK=i LANOTRU6TB6DA85 4001 TANMNITRLNSTE 500 NAPLES R 500 37110520M7 LANGFORD. KENNETMI DONNA 2303RDST NW WESTDES MOINES M 9386 7741 MM 37221t2 M LIBERTY GOLD LLC - MMWEBTOWN PMVY NAPLES R 34117 2102 37180004102 IAPEZAIDLMA, MAN 111157 STEW 00WTA8PRNG5 R 313 01'70 371M17MM MALAY, YICMAIE P -&70NYAR 300DOUAILSWALK NAPLES R Ulm 2008 3736240008 MC MAY. JEFFREY P-& MMVANN t7IG1DSTHE NAPLES R 34141 SW 372008006 MCW LKM4. JOHN T -&BARBARA 241 FURSE LAKES qR APTBI NAPLES R 3110 241 372122MON MORAY LLC 7ODDBOELAND RAMC"RD NAPLES R 84120 2454 372822D/M MONEY LLC 7100 BIG ISLAND RANCH RD NAPLES R MITI DIED 371004WMS MEDWA ESTELLA 14000LOEN GATE BLVD NAPLES R 34110 935 37117400003 MILLER.0 MNIS-&CARRE 2371ST ST MW HOLLYWOOD R 3301 7334 37136410410 MORENO.NAN 3714111041/ MOYA, JUAN MO JEFFERSON ST om HEART" 553041MVER OR APT IN IYYOKALEE R 34142 3NO 371BEMM7 CRMMTR,NDRH RICHARD FREEDMAN TR JUDITH ORCUTT RREVRRUST UTD170SO1 ONDWACNRDAPT3/6 JUPITER R SWISS 2857 371MOBOON PAMOEII.AJAYK - KAREN PANDEY IMSSTSTSW NAPLES NAPLES R 36717 21M FL 34120 200 37HUMM8 PARLIER RICHARD N -& CAROLJ TMSTHSTNW NAPLES R 3110 200 STi/U40M1 FARM. RICHARD M -&CAROLJ 2M97MSTNW NAPLES R 34M 2000 31114.120005 PARLIER. RICHARD N -& CAROL J 210 BY" $TNW NAPLES R 341 2014 S7110OM9 PA29ANAMI.MYIDK 145 WDSTMW NAPLES R 3110 DOTE 3711514102 PAWELOL EUGENE A -&CAROLYNF 2313ROSTRW NAPLES R U117 448 waaamaM FALFRAW: USA LOTH AVE BE NAPLES R W 20 2074 011/80007 PEIAEZ RONALD J MIMIO0413 PEUER EST,AIIREUO 171 VRiM BLVD N YJOKE PELJEA PR HERMELRAA ROOROUE2 E0 HI IST BY BW MAPLES R 3117 2102 372/040000 PEA, FIUNCISCOA ROBAAVSJR 412 METGNFAVEA SPHINX MAPLES MY 104M 410 R 3120 2735 3711/84101 PEA, GUILERMD-& CARMEN 411 GOLDEN /ATE BLVD W MAPLES R Ul20 2135 3711481002 PEW, DALERMO•Z CARMEN 4t f GOLDEN DATE BLVD W FORT LAYERS F. x708 457 01f7AM07 PERK"ELIOE 17SHIBOATOLUBOR NAPLES R 34117 KIM Z72210D418 FORM JOSE L -&ISRAEL 110 LWLBON BLVO6 NAPLES R 3710 2N3 37JM4= PECHOCO, JAMES IN 1703RDSTMW NAPES R Ulm MID 3ml4oe00M FLAMANM MANIAC U6 GOLDEN DATE BLVD W PCJE ERIK POJE BMIMMAVE iwasev000 NY 11385 6151 37241520009 PAIL STEVEN 3711NMOM REYNOLDS. ADO KENNETH INDISTSTMW MAPLES NAPLES R UM W01 r 3710 TIM MISJUDGE$ RNOOESJR.VALARDJ 321 GOLDEN GAR BLVD W NAPES FL 3"10 041 3721090001 MMMM SIMON LUDWK50N BLVD NAPLES R 3120 2013 371167=® ARMS, LU %MARIA I103RDSTMN NAPLES R Ut20 007 3711=8=0 MmOLD.ANTIIONY IDISTSTRW 8WRANCHES R WISH SM 37/02002 RONDON,RCOd1Pt LLM tSB41aw$SRDCT NAPLES R 3117 27N 0t00410D1 ..UA TW /MISTSTBW NAPLES R 3120 A=S SAMOMET 37114020007 BAtO1HEZ JUAN ALE OM PLASENCM MMMSTNW MAPLES R 3400 =M W201 FERIfAN00 141 GOLDEN GATE BLVD E NAPLES R MISS THIS 1.oru50M BO=OT. RUTHY TERRY NAGEL 120 GOLDEN GATE BLVOW CNNAMNSDN W 0107 MW 37114140418 SNMBL NONMD II-& GDR= F 2423 YELLOWSTONE OD NAPLES R MITI 20M 372uom SHOWS, MICHAEL R-& KW A IN 2110 BY RE NAPLES R 37JD 2122 MHER001 SRNMYOM, KOWA 1413RDNTNW NAPLES R U/f0 5732 3718410® BLAUGKJOBIW-& JEAN Y 184USUNMDPLACE OR NAPLES R Utm 503 MlUEDEM1 SMOOT. FRANK D-& BEM Y 2301ST B7 NW NAPLES R SW 0136100/ SPERSER, ERCW4 RIC 2003MOSTNW NAPLES ININ R 3117 710 0m9JM®N 6YWBSIER,ALEMNORAM 11MSIMMORE 111360 ST SW NAPLES PL 3t17 2071 3732/04105 TFA7ERS. MARK -& SHELLY WYAISON BLVD S NAPLES R Ut02 3436 3r2M4C= TNACBIOJ.GIEWASUE 1501 CURIEWAVE NAPLES R TO 371035 1 TOO.AMMMORA 40GOLDEN GATE BLVD NAPLES 120 R 14110 DO0 011914101 T0RRE6,JENNY 201ST ST NW NAPLES R 341M =0 372M0=OM TORNSNO.PONARD N GOLDEN(ATE BLVD E MAPLES R 3410=05 3rlMSM5 70VAGENOJMCXARDRAY N GOLDEN GATE BLVD E HFUEAH R 370E 2232 371124107 VALMILRABAELANGEL fOMNWaOTH OT APT2411 OEMFELD IL 4620 37052001 IMMAIREENCO mO VALMOT RD MAPLES 34M FL Mt20 2014 37f4Y=004 YMALLD1, telDTNY J -&LLNWN 3711487000 I EBER. TIMOTHY TM CAROLYN D "I SAO Sir MN SL GOLDEN DATE BLVD W NAPLES R 3120 770 d J f Packet Page -134- 9/13/2011 Item 8.B. NAPLES PL 31102 7011 CINCINNATI ON 07Th C CRONNAn ON ISS10 40) M RES R $1120 2DN Estates Shopping Center CPUD PL2009 -1017 May 5, 2011 NIM Melling List 3)1219®01 MRSTSURYDLID 210000ROON DR 37721100007 WOODYTILANRA ANRAMODDREVOCABIE TRUST UTD%W= 1007 RAVRI ROM RD 372171/0000 872 MTP.AN(TA 37118110000 7ANORILLD,O MWA ANITA PY40W REVOCABLE TRUST t013RDSTNW vmor lA 10WRAP10 RUN RD Packet Page -134- 9/13/2011 Item 8.B. NAPLES PL 31102 7011 CINCINNATI ON 07Th C CRONNAn ON ISS10 40) M RES R $1120 2DN • W �F+ r N C'7 T- d7 W w c d { m a, G 7 :L �z R f w A W A fl ^7 O ZNOG)_ DO6�O �cwi,00r� W m r- _0 ), 00 DOCZ -n o�py c,,��m �°' =zm ' °w�7Cmi�D ( F cr) m C � O (n m � w O C) Z °0 O 0 W W o m m o, � G 7rp z r A W A .1 •r R O f 9/13/2011 Item 8. B. r-1 Estates Shopping Center CPUD Petition PL2009 -1017 Neighborhood Information Meeting May 5, 2011, 6:00 p.m. Richard D. Yovanovich, agent for the applicant opened the meeting at 6:10 p.m. In attendance were Kay Deselem and Michele Mosca representing Collier County, and D. Wayne Arnold with Q. Grady Minor and Associates and Ted Treesh with TR Transportation Consultants, Inc. representing the applicant. At the time the meeting began, approximately 25 people were in attendance. A sign -in sheet was provided at the entrance of the meeting room for the attendees to provide their name, address, email and phone number. A color rendering of the conceptual site plan for the property was displayed at the front of the meeting room. Mr. Yovanovich gave a brief overview of the rezone petition and he then explained how the rezoning petition related to the Comprehensive Plan transmittal process. Mr. Yovanovich discussed the favorable results fiom the election that had taken place in 2010 where the 190,000 square foot grocery anchored shopping center was a straw ballot question. Mr. Yovanovich discussed the major key elements of the zoning application including general permitted and prohibited uses, extensive enhanced buffers, prohibition on outdoor amplified music, project access points and phasing schedule. Mr. Yovanovich emphasized that a grocery store at least 27,000 square feet in size must be the first certificate of occupancy issued for the project. Hearing dates for both the transmittal hearing and the rezone petition were also provided to the attendees. Several attendees asked questions to which Mr. Yovanovich and Mr. Arnold responded. General areas of questioning included: water management, landscape buffering, improvements to Wilson Blvd. and Golden Gate Blvd., building size and heights, development time frames, fire protection, hours for garbage pick -up, hours of operation, outdoor seating, water /wastewater treatment plant maintenance, security, safety of children at the bus stop and the location of outdoor seating. Mr. Yovanovich invited anyone with further questions to contact him, Mr. Arnold, Ms. Deselem or Ms. Mosca. The meeting was adjourned at approximately 7:00 p.m. Packet Page -136- r 1 T c c cr G l 0 PUBLIC NEIGHBORHOOD INFORMATION MEETING HELD AT THE ST. AGNES PARISH CENTER AT RESTORATION CHURCH, 7690 RUNNING BUCK COURT, 6:00 P.M., MAY,5 2011, BY D. WAYNE ARNOLD OF Q. GRADY MINOR AND ASSOCIATES, P.A. AND RICHARD D. 1#01"N YOVANOVICH, ESQ. OF COLEMAN, YOVANOVICH AND KOESTER, P.A., REPRESENTING KENNETH R. JOHNSON, TRUSTEE. PLEASE PRINT YOUR NAME. ADDRESS, PHONE NUMBER, AND EMAIL ADDRESS AS A RECORD OF YOUR ATTENDANCE. THANK YOU. NAME ADDRESS EMAIL PHONE a , acfkJzrs; 6KFr 1a� A*-- S6 FChi )'65k ghoo,C�n :'6 ,-► r:_-, IaC 3'8 '? `6 , a� Avc-- 5E �h h'd ZyYV 6's it1 P.) paw e,4A'KLo fi 6,L.6 �ko 4!f� C) (1�1' Ilt 131 ! 8 n C 544 / s iFn/ bo Savo eve NIL) S L° E Avc q w k>�h L7 Z0 A% 7-1 -k )rA (� LbY i'� t�rn5 a t© 3rd N �c,� rns ��fa� °'col tC,o ryl 1-7 ,Q ct., n l rzS rL- A-VL."' 164 — i'A Iiia,GaJ„_ Estates Shopping Center CPUD – PL2009 -1017 05.05.2011 NIM 9/13/2011 Item 8.13. PUBLIC NEIGHBORHOOD INFORMATION MEETING HELD AT THE ST. AGNES PARISH CENTER AT RESTORATION CHURCH, 7690 RUNNING BUCK COURT, 6:00 P.M., MAY,5 2011, BY D. WAYNE ARNOLD OF Q. GRADY MINOR AND ASSOCIATES, P.A. AND RICHARD D. YOVANOVICH, ESQ. OF COLEMAN, YOVANOVICH AND KOESTER, P.A., REPRESENTING KENNETH R. JOHNSON, TRUSTEE. PLEASE PRINT YOUR NAME ADDRESS PHONE NUMBER AND EMAIL ADDRESS AS A RECORD OF YOUR ATTENDANCE. THANK YOU. NAME ADDRESS EMAIL PHONE o t Sc AD k1 Estates Shopping Center CPUD — PL2009 -1017 Packet Page -138- 05.05.2011 NIM N O N M O NAPLES DAILY NEVUS Published Daily Naples, FL 34110 Affidavit of Publica State of Florida Counties of Collier and Lee Before the undersigned they serve as the aui appeared Kim Pokarney, who on oath says the Accounting Manager of the Naples Dail newspaper published at Naples, in Collier distributed in Collier and Lee counties of Fl attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time on April 24, 2011 it i i i 'NEIGHBORHO D ... rN INFORMATIO[V M.EET#NaG Petition PL2009 -1017 !fie public is invited to attend a neighborhood information meeting held by D. Wayne Amold, AICP of Q. Grady Minor and Associates, P.A. and Richard D. Yovan6vich, =` sq. of Coleman, Yovanovich and Koester, P.A. representing Kenneth R. Johnson, 'Trustee on: x May 15, 2011 at 6:00 pm at The St. Agnes Parish Center at Restoration Church, 7690 Running Buck Court, Naples, FL 34119 iib'ect Pro e The 41± acres are located at the northwest quadrant ,of the er§eaion of Wilson Boulevard and. 'Golden Gate Boulevard in Section ,04, ownship'49 South, Range 27 East, Collier County, Florid µ Affiant further says that the said Naples Daily News i published at Naples, in said Collier County, Florida, an newspaper has heretofore been continuously published County, Florida: distributed in Collier and Lee countim each day and has been entered as second class mail ma office in Naples, in said Collier County, Florida, for i year next preceding the first publication of the attar advertisement: and affiant further says that he has nei promised any person, firm or corporation any disc commission or refund for the purpose of securing this a publication ir�the said zvppaper. ( Signature of affiant) Sworn to and subscribed before me This 26th day of April, 2011 (Signature of notary pub ic) ait�r"s KAROL E KANGAS Notary Public - State of Florida My Comm. Expires.Jul 29, 2013 Commission # W 912237 M J. I Tale property owner is petitioning Collier County to • rezone the property front the Estates (E) zoning district to the Commercial Planned Unit Development.(CPUD) oning District.,for a project to Ise. know. n as Esta #es Stopping Center CPUD..The o-oject proposes development to include commercial uses of the General Commer= cial (C-4) zoning district, with exceptions, and- select uses-of the. Heavy Commercial' G 5) zoning district of the Collier.County Lanai Development Code, at a maximum . of 190,000 square feet of gross leasable floor area. The request includes a specific r .list of commercial uses to be permitted and it includes a list of prohibited land uses. 4,The project is required to be a grocery anchored shopping. center and the .grocery store is required .to. be: the first . business to receive a certificate of: occupancy, and j , o en for business. _: �. p WE VALUE YOUR INPUT' Tres usiness and property owners, residents and visitors are welcame to. attend the entation and discuss the project with the owner /developer arrd Collier County staff. if you are unable to attend this meeting; but have questions or comments,' A .they can be directed by:mafl,, phone or e-mail by May 5, 2011 to: ' ,Kay Deselep,-AICP' Principal Planner irCollier County Department of Land Development Services "2800 North Horseshoe Drive �,Napies, Fiorida,.34104 Fax:. (239) 7252 X6358 . .(Phone: 239 - 252 -2931, kaydeselem@coiliergov:net) t, 1 4 Apiil 24, M11 /,� I O N d') This page intentionally left blank. 9/13/2011 Item 8. B. ORDINANCE NO. 11- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED 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 AN ESTATES (E) ZONING DISTRICT WITH A WELLITIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY FOR THE PROJECT TO BE KNOWN AS THE ESTATES SHOPPING CENTER CPUD TO ALLOW UP TO 170,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT ON PROPERTY LOCATED IN THE NORTHWEST CORNER OF THE GOLDEN GATE BOULEVARD AND WILSON BOULEVARD INTERSECTION IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 41+/- ACRES; AND PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ-PL2009-1017) WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. and D. '\Mayne Arnold, AICP of Q. Grady Minor and Associates, P.A., representing Kenneth R. Johnson, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described property=; and 1N,7HEREAS, the subject property is located in a Wellfield Risk Management Special Treatment Overlay, zones W-1. W-21 and W-3, which are not changed by this PUD Ordinance. 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 4. Township 49 South, Range -27 East, Collier County Florida is changed from an Estates (E) zoning district with a Wellfield Risk Management Special Treatment Overlay to a Commercial Planned Unit Development (CPUD) with a Wellfield Risk Management Special Treatment Estates Shopping Center', PUDZ-PL2009-1017 Rev,. 8/0 VH I of 2 Packet Page -142- 9/13/2011 Item 8. B. Overlay for a 41 +/- parcel to be known as the Estates Shopping Center 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 No. 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. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this _day of .2011. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA -0 Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton-Cicko Assistant County Attorney Section Chief, Land Use/Transportation M FRED W. COYLE, Chairman Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E — Developer Commitments Exhibit E. C. I a — I" Street NW Landscape Buffer �,d Exhibit E.C.Ib — -3 Street NW Landscape Buffer Exhibit E.C. I c — Wilson Boulevard Landscape Buffer Exhibit E.C. I d — Golden Gate Boulevard Landscape Buffer Exhibit E.C. 1 e — Tract 106 Enhanced Landscape Buffer Exhibit E.C. If — Supplemental Planting Exhibit F — List of Requested Deviations CP\ I O-CPS-0 1006\53 Estates Shopping Center\ PUDZ-PL2009-1017 Rev. 8.'01.'1 1 2 of 2 Packet Page -143- 9/13/2011 Item 8. B. EXHIBIT A FOR ESTATES SHOPPING CENTER CPUD A. COMMERCIAL 1, PERMITTED USES: No building or structure, or part thereof, shall be erected. altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Amusement and recreation Groups 7911 — Dance studios, schools and halls. excluding discotheques 7991 — Physical fitness facilities 7999 — Amusement and recreation services, not elsewhere classified. allowing only day camps, gymnastics instruction,, judo/karate instruction. sporting goods rental and yoga instruction (excludes NEC Recreational Shooting Ranges. Waterslides, etc.) 2. Apparel and accessory stores (no adult oriented sales) Groups 5611 — Men's and boys' clothing and accessory stores 5621 — Women's clothina stores 5632 —Women's accessory and specialty stores 5 641 — Children's and infants' wear stores 5651 — Family clothing stores 5661 — Shoe stores 5699 — Miscellaneous apparel and accessory stores 3. Automotive dealers and gasoline service stations Groups 5531 —Auto and home supply stores 4. Automotive repair, services and parking (no outdoor repair/service. All repairs /services to be performed by° authorized automotive technician.) Groups 7514 —Passenaer car rental 5. Buildin- materials, hardware. gyarden supply. and mobile home dealers Groups 5231 — Paint, glass, and wallpaper stores 5251 — Hardware stores 5261 — Retail nurseries, lawn and garden supply stores 6. Business services Groups 733 )4 — Photocopying and duplicating services 7335 5 — Commercial photography 7336 — Commercial art and graphic design 733 8 — Secretarial and court reporting services 7342 — Disinfecting and pest control services 7359 — Equipment rental and leasing. not elsewhere classified (excluding the following uses), Airplane rental and leasing Coin oocrated machine rental, and leasin a. Industrial truck rental and leasing Pk-,e I of-20 July 27, 2011 Packet Page -144- 9/13/2011 Item 8. B. Oil field equipment rental and leasing Oil well drilling equipment rental and leasing Toilets, portable rental and leasing Vending machines, rental only 7371 Computer programming services 7372 — Prepackaged software 737') — Computer integrated systems design 7374 — Computer processing and data preparation and processing services 7375 — Information retrieval services 7375— Computer facilities management services 7379 —Computer related services, not elsewhere classified 7352 — Security systems services 738' ) — News syndicates 7384 — Photofinishing laboratories 7' )189 services,, not elsewhere classified 7. Communications Groups 4812 — Radiotelephone communications 4841 —Cable and other pay television services 8. Construction special trade: contractors (office use only. no on -site materials or equipment storage) Groups 1711 -- Plumbing, heating and air - conditioning 1721 — Painting and paper hanging industry 17' ) I — Electrical work industry 1741 — Masonry, stone setting. and other stone work 1742 — Plastering, drywall, acoustical, and insulation work 1743 — Terrazzo, tile, marble, and mosaic work industry 1751 — Carpentry work 1752 — Floor laying and other floor work, not elsewhere classified industry 1751 — Roofing, siding. and sheet metal work industry 1771 — Concrete work industry 1781 — Water well drilling industry - 1791 —Structural steel erection. 1793 — Glass and glazing work 1794 — Excavation wort: 1795 — Wrecking and demo] ition work 1796— Installation or erection of building equipment, not elsewhere 1799 — Special trade contractors, not elsewhere classified 9. Depository institutions Groups 6021 —National commercial banks 6022 — State commercial banks 6029 — Commercial: banks, not elsewhere classified 6035 — Savings institutions, federally chartered 6436 — Savings Institutions, not federally chartered 6061 Credit unions, federally chartered 6062 — Credit unions, not federally chartered 6091 — Non- deposit trust facilities 6099 — Functions related to depository banking, not elsewhere classified 'age 2 of 20 July 27, 2011 Packet Page -145- 9/13/2011 Item 8.13. 10. Eating and drinking places (Group 5812, including only liquor service accessory to the restaurant use, no outdoor music or televisions, no windows or walls permitted to be open to the outside, except as required by code.) 11. Executive. legislative. and general government except finance Groups 9111 —Executive offices 9121 —Legislative bodies 9131 — Executive and legislative offices combined 9199 — General government, not elsewhere classified 12. Food stores Groups 5411 — Grocery stores one must be a minimum 217.000 square feet.) 5421 — Meat and fish (seafood) markets, including freezer provisioners ;431 — Fruit and vegetable markets 5441 — Candy, nut, and confectionery stores 5451 — Dairy products stores 5461 — detail bakeries 5499 — Miscellaneous food stores, including convenience stores with fuel pumps and carwash (Tract B only) 13. General merchandise stores Groups 5311 —Department stores 5331 — VarieTv stores 5 ')99 —,Miscellaneous general merchandise stores 14. Home furniture. furnishings, and equipment stores Groups 5712 — Furniture stores 5713 — Floor coverinp i stores 5714 — Drapery. curtain. and upholstery stores 5719 — MiScel laneous home furnishings stores 5722 — Household appliance stores 573I — Radio. television, and consumer electronics stores 5734 — Computer and computer software stores 5735 — Record and prerecorded tape stores (no adult oriented sales) 5736 — Musical instrument stores 15. Insurance carriers Groups 6')11 —Life insurance 6321 —Accident and health insurance 6324 — Hospital and medical service plans 6331 — Fire, marine, and casualty insurance 6351 — Surety insurance 6361 — Title insurance 6371 — Pension, health and welfare funds 6399 — Insurance carriers, not elsewhere classified 6411 — Insurance agents 16. Justice, public order and safety Groups 9221 — Police protection 9222 — Legal counsel and prosecution 92219 — Public order and safetv, not elsewhere classified 17. Meeting and banquet rooms Page 3 of 20 July 27, 2011 Packet Page -146- 9/13/2011 Item 8.B. 18. Miscellaneous retail (no adult oriented sales.) Groups 5912 — Drug stores and proprietary stores 5921 — Liquor stores (accessory to grocery or pharmacy only) 5932 — Used merchandise stores 5941 — Sporting goods stores and bicycle shops =_ zr 5942 — Book stores 5943 — Stationery stores 5944 — Jewelry stores, including repair 5945 — Hobby, toy, and game shops 5946 — Camera and photographic supply stores 5947 — Gift, novelty, and souvenir shops 5948 — Luggage and leather goods stores 5949 — Sewing, needlework, and piece goods stores 5992 — Florists 5993 — Tobacco stores and stands 5994 —News dealers and newsstands 5999— Miscellaneous retail stores, not elsewhere classified (excluding gravestone, tombstones, auction rooms. monuments, swimming pools, and sales barns) 19. Non-depository credit institutions Groups 6111 — Federal and federally - sponsored credit agencies 6141 — Personal credit institutions 6153 —Short -term business credit institutions, except agricultural 6159 — Miscellaneous business credit institutions 6162 — Mortgage bankers and loan correspondents 6163 — Loan brokers 20. Offices and clinics of dentist (Group 8021) 21. Personal services Groups 7212 — Garment pressing, and agents for laundries and drycleaners 7221 — Photoaraphic, studios, portrait 72131 — Beauty shops 7241 — Barber shops 7251 — Shoe repair shops and shoeshine parlors 7291 — Tax return preparation services 7299 — Miscellaneous personal services. not elsewhere classified, excluding massage parlors, Turkish baths and escort services 22. Public finance, taxation, and monetary policy (Group 9311) 23. Real Estate Groups 6512 -- Operators of nonresidential buildings 6513 — Operators of apartment buildings 6514 — Operators of dwellings other than apartment buildings 6515 — Operators of resideniial mobile home sites 6517 — Lessors of railroad property 6519 — Lessors of real property, not elsewhere classified 6531 — Real estate agents and managers 6541 — Title abstract offices 6552 — Land subdividers and developers, except cemeteries Page 4 0£ 20 July 27. 20 11 Packet Page -147- 9/13/2011 Item 8. B. 24. Schools and educational services, not elsewhere classified (Group 8299) 25. Security and commodity brokers. dealers, exchanges. and services Groups 6211 — Security brokers, dealers, and flotation companies 62211 — Commodity contracts brokers and dealers 6231 — Security and commodity exchanges 6282 — Investment advice 6289 — Services allied with the exchange of securities or commodities. not elsewhere classified 26. Social services Groups 83222 — Individual and family social services (adult day care centers only) 8351 — Child day care services 27. Travel agencies (Group 4724) 28. Veterinary services for animal specialties (Group 07422. excluding outdoor kenneling-) 29. Video tape rental (Group 7841, excluding adult oriented sales and rentals) 30. United states postal service (Group 4311. excluding major distribution centers) 31. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses. as determined by the Board of Zoning Appeals ("BZA") by the process outlined in the LDC. B. Accessory Uses. 1. accessory v uses and structures customarily associated with The permitted principal uses and structures. including, but not limited to: a. Utility buildings (including water and wastewater plants) which shall be enclosed. b. Essential service facilities c. Gazebos, statuary and other architectural feature; d. Utilities. water and wastewater facilities andjor plants, (all processing buildings must be enclosed.) IL PRORIBITED USES: 1. Amusement and recreation services, not elsewhere classified (Group 7999, NEC Recreational Shooting Ranges, Watersides, etc.) (Except uses expressly listed in A.I.A. I are permitted). 2. Air and water resource and solid waste management (Group 9511) 3. Business Services Groups 7313 — Radio. television. and publishers- advertising representatives 7331 — Direct mail advertising services 4. Correctional Institutions (Group 9223)) Face 5 of 20 July 27, 2011 Packet Page -148- 9/13/2011 Item 8. 13 5. Drinking places (alcoholic beverages) (Group 5813 6. Educational services Groups 8211 — Elementary and secondary schools 8221 — Colleges, universities- and professional schools 8222 — Junior colleges and technical institutes 8231 — Libraries 7. Health services Groups 8062 — General medical and surgical hospitals 8063 — Psychiatric hospitals 8069 — Specialty hospitals, except psychiatric 8. Miscellaneous Retail Groups 5921 —Liquor stores 5961 — Catalog and mail-order houses 59621 —Automatic merchandising machine operators 9. Personal services Groups 7211 — Power Laundries, family and commercial 7261 — Funeral service and crematories 10. Social services ices. excludina adult day care 'Groups 8322 — Individual and family social services, centers 8361— Residential care, including soup kitchens and homeless shelters III. OPERATIONAL STANDARDS 1. Hours of Operation: a. Grocery and indoor restaurant uses: 6 am to 11 pm b. Other retail and office uses: 6 am to 9 pin c. Gas/convenience uses: -5 am to midnight d. Deliveries: 6 wn to 10 pm e. Amplification devices serving drive-thru facilities: 6 am to 9 pm f. Outdoor dining: 6 am to 10 pm 2. Building Architecture- L_ All buildings shall be designed in a unified architectural style which shaj] be stylistic of Key West, Olde Florida or Bermuda architecture. 3. Lighting: All lighting shall be architecturally designed. Parking lot lighting, shall be limited to 25 feet in height and shall utilize low pressure sodium or similar bulbs, which will be shielded from neighboring residential land uses. Haloaen lighting shall be prohibited. 4. Outdoor dinin-: Alcohol service for outdoor dining shall be accessory to food service. Nee 6 of 20 July 27. 2011 Packet Page -149- A*—%_1 5. Outdoor music: Outdoor music is prohibited for all uses within the PUD. B. PRESERVE 9/13/2011 Item 8.B. No building or structure, or pan thereof. shall be erected. altered or used. or land used, in whole or in part, for the preserve area depicted on the CPUD Master Plan, that is required to be a minimum of 4.21 acres, other than those uses allowed by Section 3.05.07 H.l.h. of the LDC, or any successor provision. 1. Principal Uses: a. Native preserves b. Water management c. Miti-ation areas d. Hiking ,, traiis, boardwalks, shelter, or other such facilities constructed for the purpose of passage through or enjoyment of tile site's natural attributes. e. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals (BZA) or designee determines to be compatible in the Preserve Area. DEVELOPMENT STANDA RDS Table I below sets forth the development standards for land uses within the CPUD Commercial A*-*N Subdistrict. 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 SDP or Subdivision plat. Page 7 of 20 July 217, 2011 Packet Page -150- 9/13/2011 Item 8. B. EXHIBIT B FOR ESTATES SHOPPING CENTER CPUD TABLE I DEVELOPMENT STAND-ARDS FOR COMMERCIAL DISTRICT Whichever is greater. Developer will limit single users to no greater than fifteen thousand (15,000) square feet in size. except for. One (1) grocery store user between twenty-seveii thousand (27.000) and sixty' thousand (60.000) square feet in size. One (1) commercial user up to thirty thousand (30.000) square feet in size: and One (1) commercial user up to Twenty thousand (20.000) square feet in size. The grocery store must be constructed and receive the firs, certificate of occupancy as part of the first phase of construction. Accessory uses such as fences/walls, dumpsters, bus shelters. signage. and similar structures are not required to meet the minimum principal or accessory setbacks as listed in Exhibit B, Tabled. above, however they are subject to Sections 2.01.02, 4.02.021. 4,02.03 and 5.06 of the LDC. 4 Except the utility building shall not be located closer than 75 feet to the northern property line. No building may exceed 30,000 square feet in size,, except for the grocery anchored building -%ith iniine states. Paae 8 of 20 Packet Page -151- July 27- 2011 101—*11 PRINCIPAL USES ACCESSORY USES' 1 ffNV pit M LOT AREA 10,000 Sq. Ft. N/A MM\ILN1 LOT WIDTH 75 Ft. N/A MINIMUM YARDS (External) From Wilson Boulevard i 50 Ft. i 45 Ft. From Golden Gate Boulevard 55 Ft. I5 Ft. From Northern Project Boundary 125 Ft. 125 Ft." From 3rd Street NW 300 Ft. 10OFt. From I "Street NNV 17 5, Ft. I 30 Ft. MNIMbjjvf YARDS (Internal) Internal Drives/ROW 20 Ft. 5 Ft. Rear 15 Ft. 10 Ft. Side E 10 Ft. 10 Ft. Preserve I 25 Ft. 10 Ft. 'MIN. DISTANCE BETWEEN STRUCTURES j 20 Ft. or r'.- the suns of the building heights N!A 1 MAXIMUM HEIGHT (single story only) Zoned Actual 35 Ft. 45 Ft. 35 Ft. 35 R. MINNIMUNI FLOOR AREA 1.000 Sq. Ft. NIA MAX. GROSS COMMERCIAL BUILDING 2' 5 AREA i 170.000 Sq. Ft. N Whichever is greater. Developer will limit single users to no greater than fifteen thousand (15,000) square feet in size. except for. One (1) grocery store user between twenty-seveii thousand (27.000) and sixty' thousand (60.000) square feet in size. One (1) commercial user up to thirty thousand (30.000) square feet in size: and One (1) commercial user up to Twenty thousand (20.000) square feet in size. The grocery store must be constructed and receive the firs, certificate of occupancy as part of the first phase of construction. Accessory uses such as fences/walls, dumpsters, bus shelters. signage. and similar structures are not required to meet the minimum principal or accessory setbacks as listed in Exhibit B, Tabled. above, however they are subject to Sections 2.01.02, 4.02.021. 4,02.03 and 5.06 of the LDC. 4 Except the utility building shall not be located closer than 75 feet to the northern property line. No building may exceed 30,000 square feet in size,, except for the grocery anchored building -%ith iniine states. Paae 8 of 20 Packet Page -151- July 27- 2011 101—*11 WILSON SOUL-= NORTH andmwu E2— pt I)eu*#FFK X .... -LPL � z a 6i t Vi 0 w yj 2 eo fe �V J 20- WILSON SOUL-= NORTH andmwu E2— pt I)eu*#FFK X .... -LPL J =L pw of <o Ak Ci `n aJ4 z a 6i t Vi 0 w yj 2 eo fe �V J J =L pw of <o Ak Ci `n aJ4 Packet Page -152- an kc cG YELL 9/13/2011 Item 8.B. uzj Ir w N .11, w z a 6i t Vi 0 w yj 2 eo Packet Page -152- an kc cG YELL 9/13/2011 Item 8.B. uzj Ir w N .11, w ti z a 6i t Vi 0 LIZ eo fe �V t�j 7 5 C b Erb Fwi ti a 6i t Vi 0 LIZ eo fe �V ti 9/13/2011 Item 8.13. EXHIBIT D FOR ESTATES SHOPPING CENTER CPUD LEGAL DESCRIPTION A PORTION OF GOLDEN GATE ESTATES, UNITNIO.l I.. AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST. COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF TRACT 144 OF GOLDEN GATE ESTATES. UNIT NO. 11, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE RUN NORTH 89'40'50" WEST, ALONG THE SOUTH LINE OF SAID GOLDEN GATE ESTATES. UNIT No. 11, FOR A DISTANCE OF 2,000.00 FEET TO THE SOUTHWEST CORNER OF TRACT 107 OF SAID GOLDEN GATE ESTATES, UNIT No.] 1; THENCE RUN NORTH 00019'10" EAST, FOR A DISTANCE OF 860.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 106 OF SAID GOLDEN GATE ESTATES UNIT No.11; THENCE RUN SOUTH 89'40'50" EAST. FOR A DISTANCE OF 660.00 FEET TO THE SOUTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 1I I OF SAID GOLDEN GATE ESTATES, MT N'o.l I -, THENCE RUN NORTH 00'19'10" EAST. FOR A DISTANCE OF 75.00 FEET TO THE NORTHAArEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF SAID TRACT I I I. THENCE RUN SOUTH 89040,50" EAST, FORA DISTANCE OF 660.00 FEET TO THE NORTHEAST CORNIER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF SAID TRACT I I I - THENCE RUN SOUTH 000 19'10" WEST. FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 142 OF SAID GOLDEN GATE ESTATES, UNIT N'o.I 1: THENCE RUN SOUTH 99'40,50" EAST. FOR A DISTANCE OF 680.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 180 FEET OF SAID TRACT 142; THENCE RUN SOUTH 00°19'10" WEST, FOR A DISTANCE OF 860,00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 40.62 ACRES. MORE OR LESS. Pkee 10 of 20 Juiv 27, 2011 Packet Page -153- 9/13/2011 Item 8.13. EXHIBIT E FOR ESTATES SHOPPING CENTER CPUD LIST OF DEVELOPER COMMITMENTS Regulations for development of the Estates Shopping Center CPUD shall be in accordance with the contents of this CPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this CPUD Ordinance does not provide development standards., then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. A. TRANSPORTATION The development of this MPUD shall be subject to and governed by the following conditions: I Right -of -Way for Golden Gate Boulevard Expansion and Right-of-Way, for tile Z� - Wilson Boulevard Expansion will be donated to the County at no cost to Count), within 120 days of a written request from the County. 2. The County will allow construction of a full median opening g at the prcject entrance between Ist and 3rd, after approval of right of way permit. The design and construction shall be the responsibility of the developer. Should the project entrance access point meet signal warrants and if approved by the county, the developer will be responsible for all design and constructioniinstaliation costs of a traffic signal. The 110 � County reserves the right to modify the median opening should safery or documented capacft�, conflicts develop. Signalization. if warranted, must also be timed with the existing signal at Golden Gate Boulevard and Wilson Boulevard. with the Wilson Boulevard and Golden Gate Boulevard signal prioritized for - tr green time. The first phase of development, inclusive of the required grocery store and recognized to be no greater than 100.000 square feet. shall have a proportionate share responsibility towards intersection improvements at Wilson and Golden Gate Boulevard. 4. The Iasi 70,000 square feel of the project shall not receive SDP approval from the Growth Management Division until commencement of County's proposed improvements to the intersection of Golden Gate Boulevard and Wilson Boulevard, unless the Developer has elected to commence construction of the intersection improvements in advance of the County (the non-site related portion of the cost of said improvements shall be eligible for road impact fee credits). No certificates of occupancy shall be issued for this phase until said intersection improvements are complete. This phase shall also have proportionate share responsibility toward the cost of the intersection of Wilson and Golden Gate Boulevard. For the purposes of this commitment "intersection improvements" shall mean four lanes of approaching and departing traffic travelling north/south and cast/west and dual left turn lanes and right turn lanes in all directions except the southbound right turn lane on Wilson Boulevard being a dual right turn lane. Access points shown on the Master Plan are conceptual. Page I I of 20 July 27, 2011 Packet Page -154- 9/13/2011 Item 8.13. Up to four primary project access locations are proposed. Access points will be determined at Site Development Plan review in accordance with the County Access Management Policy: One direct connection to Wilson Boulevard is proposed; located as far to the North as can be reasonably accommodated on the final SDP. ii. Access to Golden Gate Blvd via I st Street NW is proposed. iii. Access to Golden Gate Boulevard between Ist Street NW and 3rd Street NW is proposed. Refer to condition no. 2 above, referring to signalization. iv, Access to Golden Gate Blvd via 3rd Street NW is proposed. 7. The developer shall add signage at project entrance on 3'd Street NW prohibiting truck and/or del ivery traffic. B. BUS SHELTERS 1. The developer shall install or make payment in lieu of construction for two school bus stop shelters, which shall be installed at or near the intersection of I" Street N.W. and Golden Gate Boulevard. If authorized by the School District the shelter size and location shall be coordinated with the Collier County School District. Installation of the shelters shall be concurrent with issuance of the first buildincy certificate of occupancy if constructed by Developer. 2. At the request of Collier County. the developer shall install or make payment in lieu of construction. at the discretion of the County. for a Collier Area Transit (CAT) bus stop with shelter. The exact location will be determined during site development plan review for Phase 2 of the project. If constructed by County, owner shall convey to County, an easement for the bus shelter at no cost to County. C. LANDSCAPE BUFFERS I Any portion of the Pro-i-ect directly abutting residential property (property zoned F, Estates and without an approved conditional use) shall provide, at a minimum. 9 seventy-five (75) feet wide buffer, except the westernmost 330' of Tract 106, which shall provide a minimum 20' wide buffer in which no parking uses are permitted. Twenty-five (25) feet of the width of the buffer alone the developed area shall be a landscape buffer. A minimum of fifty, (50) feet of the buffer width shall consist of retained or re-planted native vegetation and must be consistent with subsection 3.05.07.H of the Collier County Land Development Code (LDC). The native vegetation retention area may ., consist of a perimeter berm and be used for water management detention. Any newly constructed berni shall be revegetated to meet subsection 3.05.07.H of the LDC (native vegetation replanting requirements). Additionally. in order to be considered for approval, use of the native vegetation retention area for water management purposes shall meet the following criteria: a. There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro- period unless it is proven that such would have no adverse impact to the existing vegetation. b. If the project requires permitting by the South Florida Water Management District, the project shall provide a letter or official document from the District I - Paee 12 of 20 July '17,2011 Packet Page -155- 9/13/2011 Item 8.B. indicating that the native veaetation within the retention area will not have to be removed to comply with water management requirements. If the District cannot or will not supply such a letter, then the native vegetation retention area shall not be used for water management. C. If the project is reviewed by Collier County, the Developer's engineer shall provide evidence that no removal of native vegetation is necessary to facilitate the necessary storage of water in the water management area. 2. Landscape buffers adjacent to external rights-of-way shall be: • 1 '13'd Streets— Minimum 30' wide enhanced buffer (Exhibit E.C. I a and Exhibit E.C. I b) * Wilson Boulevard — Minimum 25* wide enhanced buffer (Exhibit E.C. I c) • Golden Gate Boulevard — Minimum 50' wide enhanced buffer (Exhibit E.C. I d) 3. The seventy -five foot wide vegetative preserve/buffer identified and located along the northern property boundary shall retain existing native vegetation. Where the existing vegetation does not meet the requirements e irern-rits of the LDC, the owner or its successors shall replant and supplement native vegetation at all three vegetative strata as required by the LDC. Plant materials must be native species compatible with vegetation existing within the preserve area. These supplemental plantings must occur concurrent with the first phase of development on the site. The mid -story vegetative plant material may be clustered near the northern preserve edge in order to address fire safety concerns. The replanted preserve must be 80 percent opaque within one year at six feet in height. Please refer to Exhibit E.C. If for details. 4, Along the northern boundary of Tract A of the Conceptual PUD Master Plan, the Developer shall be required to install a six foot high sound wall adjacent to the preserve landscape buffer area as depicted on Exhibit C, Master Plan.. The six foot height shall be measured from the adjacent drive aisle or 1st Street NW, whichever is greater. The wall shall be installed concurrent with the commencement of site work- for the first phase of commercial development on Tract A. D. ENVIRONMENTAL A minimum of 15% of the on-site native vegetation must be retained. 28.0}-_ acres of native vegetations exists requiring preservation of 4.21± acres of native vegetation. See calculation below. (40.62 acres (total site) - 12.-53-- acres (7.54 ac. single family homes. 4.90 ac. row, .09 ac. pump station) = 28.09± acres (native vegetation) x 15% =4.21+ acres (required preserve). A Black Bear Management Plan and a Fox Squirrel Management Plan are to be submitted at the time of SDP. Page 1-3 of 20 July 27.2011 Packet Page -156- x� 9/13/2011 Item 8.B. ii it .i..3 sir ar MOw I;0- y v c� v cr: w r r4 N —�7 ol A' -k Y�1 ■^ry tiiCitl{ AaG Packet Page -157- 9/13/2011 Item 8.B. ii it .i..3 sir ar MOw I;0- y v c� v cr: w r r4 'l—*N lo*� r. irr 9/13/2011 Item 8.13. -rc w raw ot w .P.m 9 CIO, ow ow rv, lip V-W ell Cr n U 0 p, ?, M 9/13/2011 Item 8. B. iF- Q r.a .PM 7� r �a J it G� L.r r .a saw r r c { =w c� Sidewall, _ z z x. fi am CC Development { Packet Page -159- 9/13/2011 Item 8. B. iF- Q r.a .PM 7� r �a J it G� L.r r .a saw r r c I*-*N uajv juawdolaAa(l C. x 'ray C-01 hi 24"D rs id to) 9/13/2011 Item 8.B. Packet Page -160- ob^ M." tC :41 .00 .p" o" 7 w mpg POO t!t Md a 3 "N v o y N Ch -S i� O ri Gq 403 24rZs3 u A .T � au+ a rte+ CC G N Packet Page -161- 9/13/2011 Item 8.B. a I w Its it V WZ PIZ OW ow ONNO is } :J Fr .� v/ R!W ,*'\ 9/13/2011 Item 8.B. a SJ1 � � a o ° B E o L CL Ln (i m $ V) r uj op CL o Cn 1 wz •. �,` a =. J LU _ iouz Ul In i 3S}' WIRE ENHANCE ¢ U) cu IL n c '�"' •+'' *' iP��" K 4 > ILI o c ar c� 6L k i+ COT(1 iV C .0 9 x IM �y m C vs rz rs a ( z A t . C QjI �� W� ram to u F, .. y t -:ca ) G G N %a. e w QJ Q? Lu C. Ga M u ics Q O Lis G � as �en m w fo LM to Ln LA�.✓ . ' y- i Ri > Q M Cdr 3 U lO � ��:' °-�°6 E ro Cn Ell G rn ht - tis 43 �.1 tu W cc L fjJ G c'4• a F� i � 36;WIDE jNHANCj —_T S.,i u � Io :SJ � D; iw r�,t terra N to � �, _ s •• I T Packet Page -162- 9/13/2011 Item 8.13 EXHIBIT F FOR ESTATES SHOPPING CENTER CPUD LIST OF REQUESTED DEVIATIONS 1. Deviation from Land Development Code (LDC) Section 3.05.07.14.1.hdii, Preserve Standards, which requires a five foot minimum setback from Preserve-, to permit a sound wall to be constructed adjacent to the preserve in the location depicted on Exhibit C, Master Plan. Pa,-:,e 20 of 20 Packet Page -163- JuIv 27,2011 9/13/2011 Item 8.B. 7K, avid nw, R V 317..510 Awa ae ,5, July 14, 2011 Mr. Mark Strain Collier County Planning Commission 3301 East Tamiami Trail Naples, Florida 34112 239 - 252 -8097 RE: PUDZ- PL2009 -1017, Estates Shopping Center CPUD Companion item CP -4008 -1 A10"N Dear Mr. Strain: I would like for you to read my letter aloud at the July 21S` 2011 planning commission meeting, regarding the above. We are elderly and my husband is ill and we cannot attend this meeting. When we initially moved to the Estates (eleven years ago), we were opposed to any more growth in the Estates. But time (and our ages) have changed our minds. Before moving here, we lived in G. G. city for thirty years, so we have really seen some changes. We believe that this center at the corner of Wilson and Golden Gate Blvd. will truly be an asset and convenience for the Estates area. Sincerely, Kay Brandon Packet Page -164- 9/13/2011 Item 8.B. Juan Sanchez 91 3rd Street N.W. Naples, Fl. 34120-4013 Mr. Mark Strain, Chairman Collier County Planning Commission 3301 East Tamiami Trail Naples, Florida 34112 239- 252 -8097 RE: PUDZ -PL 2009- 1017 (CP- 2008 -1) Estates shopping center Dear Mr. Mark Strain, Chairman, I live on the NW corner of Third street N. W. and Golden Gate Blvd. W. directly across third from where the Estates Shopping Center is being proposed to be built. I would like to let you that I am in favor of this shopping center. It will cut down on drive time and gas cost, not only for me, but for my friends and neighbors and allow us to have services, we have wanted for so long in the Golden Gate Estates area. Please vote in favor of the Estates Shopping Center. Thank You j� ,, 5, ` Juan Sanchez Packet Page -165- 9/13/2011 Item 8.13. DISCUSSION OF FINAL REPORT June 11, 2003 Background: As part of the process of closing out the Golden Gate area Master Plan Restudy process, staff is required to submit a "Final Report" on the Restudy Committee's activities to the Board of County Commissioners. The presentation of this report will include a PowerPoint slide presentation, as well as the preparation of a written document. In order to allow the members of the Restudy Committee to have a voice in this process, Comprehensive Planning staff is requesting that the Committee review this discussion paper and make recommendations as to the format and content of the Final Report. Staff is hoping to present the Final Report at the BCC's July 29, 2003 Regular Meeting, Staff's Suggested Format For The Final Report: Title Page: n This page will feature the text box that Comprehensive Planning Staff has used for Restudy Committee Agenda Items (see above). After the words, "FINAL REPORT," the title page will list the active Committee members and current staff that have participated in the Restudy process. It could also be an opportunity for the Committee to acknowledge anyone else who they feel has contributed to the Restudy. Committee History: This section of the Final Report will attempt to provide, in capsule form, information on the number of meetings and variety of topics that the Restudy Committee has considered. The section will refer the Board to the Public Participation Schedule, which will then be attached. The text of this section will read as follows: "The Golden. Gate Area Master Plan Restudy Committee met on 31 occasions, between June 2001 and June 2003. During its tenure, the Committee considered a wide range of topics related to the Golden Gate Area, including commercial uses in the Estates and Golden Gate City, the proposed North Golden Gate Estates ROMA, other environmental matters, changes to conditional use criteria within the Estates, Ave Maria University; the County's Rural Fringe and Rural Lands Amendments, various matters related to County Codes and permitting processes, transportation issues, emergency management, the Community Character Plan and issues related to Rural Character and Design. The Restudy process resulted in two sets of amendments to the Golden Gate Area Master Plan, constituting a virtual rewriting of that Element of the Collier County Growth Management Plan." Packet Page -166- r 9/13/2011 Item 8. B. Restudy Committee Tasks /Charges: The Final Report should reflect the fact that the Restudy Committee's responsibilities changed over time. Therefore, staff proposes the following wording for this section of the report: "The tasks and responsibilities of the Restudy Committee evolved. during the Committee's two years of activity. Initially, in March of 2001, Collier. County Comprehensive Planning staff, in recommending formation of an advisory committee, stated the following: "To assist in this restudy, staff requests that an advisory committee be formed to enable community input and provide recommendations. The committee will be responsible for addressing issues related to the Golden Gate Mobility Study, Commercial and Industrial Land Use Study, assessment of locational criteria for Conditional Uses /assessment of Conditional Use needs and the Golden Gate Parkway I -75 Interchange. The committee will also assist staff with the review and development of policy recommendations related to the Rural. Fringe Committee and Community Character Plan findings, assist in the development of any necessary Requests for Proposals (RFP) for consulting services, and assist in the development of revised Goals, Objectives and Policies and Land Use Designation Descriptions." However, the actual wording of the Board of County Commissioners' Resolution creating the Committee vested the Restudy Conunittee with a slightly different set of responsibilities: "The functions, powers and duties of the Committee shall be to: a. Assist in the development of any necessary Request for Proposals (RFPs) for consulting services; b. Aid and assist in the restudy of the Golden Gate Area Master Plan. This would include assisting staff with the review and development of policy recommendations from the Rural Fringe Committee and the Community Character Plan findings relative to the Golden Gate Area Master Plan; c. Identify and address issues relative to the Golden Gate Mobility Study, Commercial and Industrial Land Use Study, assessment of locational criteria for Conditional Uses /assessment of Conditional Use needs and the Golden Gate Parkway I -75 Interchange /adjacent land use plans; and d. Assist in the development of revised Goals, Objectives and Policies and Land Use Designation Descriptions for the Golden Gate Area Master Plan." During March of 2002, the Committee and staff began the development of possible treatment options for various topic areas within the Golden Gate Area Master Plan. This exercise resulted in the Committee assuming the responsibility to review the following broad general topics and management options: Packet Page -167- 9/13/2011 Item 8. B. "Maintain Rural and Natural Landscapes: • Cooperation with other (non- County) agencies. • Identify connected natural areas (corridors). • Identify habitats that are less developed (regulated /unregulated). • Identify alternatives for land conservation. • Increase lot setback requirements to maintain greenways. Provision of Commercial Services: • Establish locational and spacing criteria for low intensity commercial uses within Golden Gate Estates and redefine "convenience uses," especially for Golden Gate Estates. • Support higher intensity commercial uses on the outskirts of Golden Gate Estates. • Develop design criteria for commercial buildings. • Encourage the transition of commercially designated properties in Golden Gate City, along Golden Gate Parkway. • Provide a Sunset Provision for multifamily residential to convert to commercial along corridors in Golden Gate City. • Support allowing no additional commercial or conditional uses near the Golden Gate Parkway/I -75 Interchange. 11 Packet Page -168- =rom: cpawelak @aol.com ;'ent: Friday, July 08, 20111:58 PM 9/13/2011 Item 8. B. ro: DeselemKay; StrainMark ;, ubject: PUDZ- PL2009 -1017 - Estates Shopping Center - Written testimony for inclusion of packets for July 21, 2011 meeting n my 8, 2011 kttention Kay Deselem - ollier County Growth Management Division Tanning & Regulation Land Development Services n response to your letter dated June 16, 2011 regarding the Planning Commission meeting to be held on July 21, 2011, we espectfully request that you include the following testimony in the CCPC agenda packets for that meeting: 1Ve are residents of Collier County who live at 231 Third St. NW in Golden Gate Estates. Like many residents, we chose to ive in the Estates for its rural nature. We coexist with wildlife and farm animals, and we are comfortable with that. If Mr. �rown, thedeveloper who is petitioning to have the 40 -acre property on Golden Gate Blvd. rezoned for a shopping center has its way, our way of life is going to be changed in a very negative way. Ve became aware of this issue at a public civic meeting a couple of years ago, where a neighbor, gave a presentation on this ubject in which he stated reasons why the project was unacceptable. He informed us that he and another neighbor were orming a group to protest this project. We signed on and the group became known as the, "1st /3rd St. Group." We and nembers of the group attended meetings hosted by the developer's attorney, Richard Yavonovich, where many questions were .sked and feelings of disapproval were expressed. A web site for the group was developed. After a few developer- sponsored neetings, we noted that the organizers of the group were conspicuously absent. In May or June of 2010, after a plea from Mr. tvonovich for a referendum, Commissioner Coletta acquiesced, motioning that a referendum be placed on the Novembp^ Ballot to determine the desires of the community. He stated that the 1st /3rd Group was no longer in opposition, which was listurbing revelation to us. It appeared that this disclosure was the catalyst for his action. We did not withdraw our apposition, but apparently the two organizers did without informing us. We are curious as to how Commissioner Coletta _new. We suspected that the organizers were in private talks with Mr. Yavonovich after which the website disappeared, as vell as the neighbor organizers. Another neighbor encountered one of them recently only to hear his praises for a project that ie had once vehemently opposed. We are highly suspicious of their change in attitude and their abandonment of an issue about vhich they were so passionate. We feel betrayed! Ve are opposed to this rezoning change for numerous reasons. 'irst, we maintain septic tanks and wells. This development will require a major water /sewage plant, which could affect our ystems. The developer and team will not have to concern themselves with a package sewer plant close to their homes, or ,ossibly a noisy car wash, a fast food restaurant with its drive -thru order taking system, outdoor dining and drinking (alcohol), 4 -hour convenience store, blinding parking lot lighting, or the effects on our well water delivery, not to mention the traffic nconvenience and noise. Vith regard to the convenience store, we currently have a gas station/convenience store at the northeast corner of Wilson and !olden Gate Blvd., which is two blocks away from our home. Several years ago, their gas station had an operational intercom ystem, and we were subjected to hearing the transactions between the cashier and customer. At a meeting hosted by the eveloper's attorney, Richard Yavonovich, held on May 5, 2011, we pointed this out to him emphasizing that sound carries ere. We do not think he grasped the seriousness of the situation in that his solution was that tree plantings will provide a uffer. That does not work here. From time to time, we hear cars tearing in and out of the gas station /convenience store and iere are thousands of trees between us. fast -food drive -thru would subject us to the relentless broadcasting of orders throughout the day, not to mention the foc ,dors and emissions from cars. 'hen, there is the problem of a restaurant that provides n„trinnr dinino that includes alcohol. Last year, the Board of - ommissioners had to reverse an extremely disturbing Packet Page -169- bbleBrook shopping center on 951 and Immokalee roads that involved a restaurant/bar where patrons were allowed to drink alcohol outside. Residents living behind the restaurant recorded the loud music, vulgar language and rowdiness that was a daily and nightly occurrence and presented the evidence to the Board, whose members were clearly surprised and caught off guard. The langua 9/13/2011 Item 8.13. appalling and loud, and the music was deafening. Thankfully, that part of the restaurant's operauw, Way 311UL uvw11. On a related subject, if you want to have an idea of what we could be up against if the outdoor dining is allowed at the Estates Shopping Center, then you need to speak to the neighbors of Wilson Plaza (SE corner of Wilson and Goldengate Blvd). A bar an&'�Il (mostly bar) recently opened there. They had two events involving outdoor music, dining and drinking and stayed open. _atil 2 a.m. In between people drank outside at picnic tables, made loud noise, revved motorcycles and stayed until 2 a.m. They raced motorcycles up and down Wilson Blvd South and used one residence to make a u -turn calling out "GET OVER IT" because this neighbor complained about the noise. They were visited by the Sheriffs Department, Code Enforcement, the owners of the Plaza and ATF but continue to violate the restrictions for that shopping center. The neighbor feels the need to build a fence to the entrance of his property because of these people. The deputy said he couldn't do anything because he has nothing in writing. The neighbor has to go to Code Enforcement and the Sheriffs department to relay his concerns. He will probably no do so for fear of a backlash. Another concern is that if this property is rezoned for commercial purposes, it will open the floodgates for further development along Golden Gate Blvd. turning it into another Pine Ridge. In addition, at another developer /community meeting, Mr. Casalanguida from the County Transportation Department pointed out that the Wilson/Golden Gate Blvd. intersection is going to be widened to several lanes and that access to make a left turn off of 1st and 3rd Streets on to Golden Gate Blvd. to go to Wilson will be blocked. It will be necessary for residents to turn right and go to 5th Street and make a u -turn. This is going to create such a traffic jam as people returning home from work go to and from the shopping center. Wilson Plaza at the corner of Wilson and Golden Gate Blvd. is barely succeeding. Most of the spaces are vacant, and some that were occupied were quickly vacated. Mr. Yavonovich has stated at all of his meetings that a major supermarket is to be the anchor of this project. That would appear to be SweetBay or Publix, both of which have facilities nearby. The new Publix on 951 and Pine Ridge as well as the SweetBay on 951 and Vanderbilt Beach Road don't appear to have much business, and in that case, we doubt that they would diminish their sales even further by building in such close proximity to their existing stor�Another case in point is the development of strip malls surrounding the Walmart on 951 near Davis. Those facilities are no vacant and probably will for a very long time. Mr. Yavonovich also stated that if the development is unable to secure a major supennarket then the project will not go through. What then? Will Mr. Crown, the developer, in order to cut his losses, sell to another developer who will rent to retailers who are far different from what he proposed? Once this property is rezoned commercial, there is no looking back, and if the property is purchased from Mr. Crown by another developer, that person will not be required to abide by the promises that Mr. Crown made. He has invested $12 million into this project that, in this economy, is now nowhere near that value. If he is to have his way, we will suffer the consequences of his self - interest to protect and recover his investment, and he will move on to other projects to regenerate even more development. Under the guise of altruism, he is attempting to impose a negative change in our lifestyle that we never asked for and do not deserve. The statement concerning altruism is based on statements made at meetings conducted by his representatives where it was said that, "the developer felt that a shopping center was needed and would serve us well." We wish that he had asked us before he purchased the land. In the Golden Gate Master Plan, two sites are zoned and approved by the Board of Commissioners for commercial development in the Randall and Immokalee area, which is three miles from the current proposed project. However, the developer has declined to build and may not do so for some time because of the economy. According to a County - ommissioner, thirty percent of the homes in Collier County are vacant. Dn pages 67, 70, and 71 of the Board of County Commissioners' meeting dated 3/22/11, Michele Mosca with the 2omprehensive Planning Staff states that the 1.25 supply to demand ratio is exceeded. On page 70, Ms. Mosca states that the staff recommends a neighborhood commercial center rather than a community -size commercial center. We have no objection :o a center going in on the 5 acres already designated commercial, but this 40 -acre behemoth of a site is inappropriate. The Master Plan provides five commercial acres at EACH of the four corners at Wilson and Golden Gate Blvd, which would De n^,e than adequate to support a shopping center. There is no reason why this proposed shopping center can't comply with :he ster Plan that would allow for one -third the size and fit into the five allotted acres. While a referendum in favor of this project passed, we feel it was voted in by residents who live further east of Wilson. Those A us living on 1st and 3rd streets are to be sacrificed fc r '' convenience. We knew that living here would mean hat we would have to drive at least 8 miles to sho p, ai Packet Page - 170 -,e make a point of consolidating our stops. There are nany people, other than the residents of 1St and 3rd streets who are opposed to the rezoning. We --d thou nnA- rctand the mportance of destruction of wooded habitat particularly for the purpose of building a behemoth 9/13/2011 Item 8. B. :t ,vould be a blight on our rural neighborhood. We have something special here, and we want to preserve tnat. JVe implore you to reject this request for rezoning. 2espectfully, - arolyn and Eugene Pawelak 131 Third St. NW Maples, FL 34120 Packet Page -171- From: lent: ro: subject: Deay14s. DeSelem: cpawelak @aol.com Wednesday, May 11, 201111:05 AM DeselemKay Golden Gate Estates Shopping Center 9/13/2011 Item 8.13. Ke were present at the meeting held last Thursday, May 5, hosted by the developer's attorney, Richard Yovanovitch where we learned new information that is very disturbing. He stated that the shopping center may lave a fast -food restaurant, an indoor restaurant that will have a full service bar and seating outside where )atrons may take their alcoholic beverages, and a 24 -hour convenience store /gas station. First, we currently have a gas station/convenience store at the northeast corner of Wilson and Golden Gate Blvd. JVe live two blocks away from it on Third Street NW. Several years ago, the gas station had an operational ntercom system, and we were subjected to hearing the transactions between the cashier and customer. We Jointed this out to Mr. Yovanovitch emphasizing that sound carries here. We do not think he grasped the seriousness of the situation in that his solution was that tree plantings will provide a buffer. That does not work sere -- we hear cars tearing in and out of the gas station/convenience store. )econd, if a fast -food drive -thru goes in, we will have to endure the sound of orders being placed throughout the iay, not to mention the food odors and emissions from cars. The intercom system will be disturbing and -elentless. Chird, regarding outdoor restaurant seating, last year the Board of Commissioners had to reverse a extremely listurbing situation at the PebbleBrook shopping center on 951 and Immokalee Roads that involved a -estaurant/bar where patrons were allowed to drink alcohol outside. Residents living behind the restaurant •ecoAed the loud music, vulgar language and rowdiness that was a daily and nightly occurrence and presented he fence to the Board, whose members were clearly surprised and caught off guard. The language of the )atrons was appalling and loud, and the music was deafening. Thankfully, that part of the restaurant's operation vas shut down. kt another meeting, Mr. Casalanguida from the County Transportation Department pointed out that the Vilson/Golden Gate Blvd. intersection is going to be widened to several lanes and that access to make a left turn >ff of 1 st and 3rd Streets on to Golden Gate Blvd. to go to Wilson will be blocked. It will be necessary for - esidents to turn right and go to 5th Street and make a u -turn. This is going to create such a traffic jam as people eturning home from work go to and from the shopping center. Che relatively new shopping center at the corner of Wilson and Golden Gate Blvd. appears to barely succeed. Most of the spaces are vacant, and some that were occupied were quickly vacated. Mr. Yovanovich stated at nany community meetings that a major supermarket will be the anchor of this project. That would appear to be ;weetBay or Publix, both of which have facilities nearby. We shop at the new Publix on 951 and Pine Ridge as yell as the SweetBay on 951 and Vanderbilt Beach Road and often find that they are doing very little business. Ve doubt that they would diminish their sales even further by building in such close proximity. Another case in Joint is the development of strip malls surrounding the Walmart on 951 near Davis. Those facilities are sitting ,acant and probably will for a very long time. ,his development will require a major water /sewage plant, which could affect our systems. The developer and earw -41 not have to concern themselves with a package sewer plant close to their homes, a noisy fast -food est, _ant, patrons drinking and carrying on outside a restaurant, cars tearing in and out of a 24 -hour ! onvenience store, parking lot lighting, the effects on our well water delivery, not to mention the traffic nconvenience and noise. Packet Page -172- knother concern of great importance is that the developer, in order to cut his losses, may sell to another ieveloper who will rent to retailers who are far different from what he proposed and r 9/13/2011 Item 8.13. leighbors. The developer spent $12 million for this property that, in this economy, is now nowhere near that value. If he is to have his way, we will suffer the consequences of his self - interest to protect and recover his _nvestment, and he will move on to other projects to regenerate even more. The developer, under the guise of iltruism, is attempting to impose a negative change in our lifestyle that we never asked for and do not dese� Vly statement concerning altruism is based on statements made at meetings conducted by the developer's •epresentatives after the purchase of the properties in which it was said that, "the developer felt that a shopping ;enter was needed and would serve us well." Those of us who live on 1St and 3rd are being sacrificed for the ;ake of convenience for residents living primarily east of Wilson. Jn pages 67, 70, and 71 of the Board of County Commissioners' meeting dated 3/22/11, Michele Mosca with he Comprehensive Planning Staff states that the 1.25 supply to demand ratio is exceeded. On page 70, Ms. vlosca states that the staff recommends a neighborhood commercial center rather than a community -size ;ommercial center. We have no objection to a center going in on the 5 acres already designated commercial, but his 40 -acre behemoth of a site is inappropriate. vlost of the residents living in this area work in town and stop at shopping facilities on their way home. As - esidents who chose to live in the Estates for its rural nature, we are reaching out to you to for help in preserving t. We coexist with wildlife and farm animals, and we are comfortable with that. The destruction of wooded iabitat for the purpose of building, yet, another super -size mall, is shameful. sincerely, Jene and Carolyn Pawelak 131 Third St. NW Packet Page -173- -rom: Sent: To: Cc: Subject: FYI OA BellowsRay Monday, July 18,201110:35 AM DeselemKay PuigJudy FW: Estate Shopping 2aymond V. Bellows, Planning Manager ?oning Services Section Department of Land Development Services growth Management Division - Planning & Regulation fele: 239.252.2463; Fax: 239.252,6710 ix - - - -- Original Message---- - From: StrainMark Sent: Saturday, July 16, 2011 7:43 PM lo: BellowsRay Subject: FW: Estate Shopping 9/13/2011 Item 8.13. ii Ray, this was sent to me and I do not know if it was copied to the other CCPC members. Please Jistribute as appropriate. thanks, +la r =rom: iiones2744ta)aol.com [jjones2744 @aol.com] gent: Friday, July 15, 2011 5:47 PM Fo: StrainMark subject: Estate Shopping am in favor of the comprehensive plan amendment and rezone petition that is needed to aliow the Estates Shopping Center.. 'lease let my vote count. :hanks Jeff and Diana Jones X11 5th Street N.W Jnder Florida Law, e-mail addresses are public records. If you do not want your e-mail address released .n response to a public records request, do not send electronic mail to this entity. Instead, contact :his office by telephone or in writing. ;^der io ;iCs L aV mail addreszes ate publ!c recores, li ou do nol Lr,ant 1: � -maii aodreso re.-sased r .resoorse to a GGb;:c recc = re- .„ues. n nc. Senn ejectro ,v contact .=..i C i've JL, 6` m wri- Jr7::. Packet Page -174- From: mteaters @aol.com Sent: Saturday, July 16, 201112:43 PM 9/13/2011 Item 8.13. To: DeselemKay Subject: Re: Estates Shopping Center PUD, PUDZ- PL2009 -1017 <ay, There are many things I would challenge in this report, One being the impact on the neighbors, and the second is grant of special )rivelege, and third is consistency with the GMP. vlark Teaters - - -- Original Message ----- =rom: DeselemKay <KayDeselemCa)colliergov.net> Fo: mteaters@aol.com <mteaters(,'d_)aol.com> Sent: Fri, Jul 15, 2011 10:34 am Subject: RE: Estates Shopping Center PUD, PUDZ- PL2009 -1017 got your messages that you could not open the files and that you wanted me to resend them. I will send each one separately to see if that helps - :ould have been a size issue with either your computer or our system —we have limits. converted the staff report to an older Word version - -a ".doc" instead of a ".docx " — perhaps that will help, too. (/ay Dese/em, AICP, Principal Planner Zoning Services - -Land Development Services Department growth Management Division -- Planning &Regulation °hone: 239 -252 -2931 Fax: 239- 252 -6357 4aydeselem@colller,?ov.net index Fiairic.a ! ab ^.. t -mai; aadress are orxn{;, resor= -- it _,o cro no. Bran: vci_, :; -maii add,css re;oa e in esporise .c a 0,,biicc recores rcaues:. do nc servo eiestranic ma. t n mty. !n ie • , co tat this office: ov ! phone or in Packet Page -175- 9/13/2011 Item 8.13. From: BellowsRay Sent: Monday, July 18, 2011 8:39 AM To: DeselemKay Subject: FW: Estates Shopping Center Attachments: image001.gif FYI - - - -- Original Message---- - From: StrainMark Sent: Sunday, July 17, 2011 8:46 PM To: BellowsRay Subject: FW: Estates Shopping Center Not sure why I got this since it was to someone else, but here is another for you to handle in what ever way is appropriate. thanks, Mark From: Nancy Guilmette [wehave2shelties @ gmail.com] Sent: Sunday, July 17, 2011 4:25 PM To: wehave2shelties @gmail.com Subject: Estates Shopping Center Dear Sir or Madam - I respectfully request that the Estates Shopping Center Project at the intersection of Wilson Blvd. and Golden Gate Blvd. move forward. Thank you. Nancy Guilmette 242 20th Street NE Naples, FL 34120 h 239.348.7986 c 239.595.2978 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. 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 Packet Page -176- 9/13/2011 Item 8.B. send electronic mail to this entity. Instead, contact this office by telephone or in writing. /0�� Packet Page -177- 9/13/2011 Item 8.B. From: BellowsRay Sent: Wednesday, July 20, 2011 8:06 AM To: DeselemKay Subject: FW: Estates Shopping Center FYI - - - -- Original Message---- - From: StrainMark Sent: Tuesday, July 19, 2011 9:22 PM To: BellowsRay Subject: FW: Estates Shopping Center Here is another letter that I will let you distribute as appropriate. thanks Mark From: pathuml3 @aol.com [pathuml3 @aol.com] Sent: Tuesday, July 19, 2011 4:30 PM To: StrainMark Subject: Estates Shopping Center Dear Mr. Strain: I attended the October 19, 2009 meeting regarding the subject petition. I noted that you were opposed to the project. Hopefully you still feel the same. The vote reached was 4 -4. Subsequent to that meeting, it was reviewed by the Board of County Commissioners in January, 2010. At the conclusion of that hearing, the petition was unable to get anyone, to second Mr. Coletta's motion, to transmit this petition to the Department of Community Affairs. Consequently, Mr. Yovanovich, the petitioner's attorney, suggested a straw ballot. Since the BCC was reluctant to not support an opportunity for the Estates residents to vote, they agreed to the straw ballot. Sad to say, if this unprecedented way to allow a developer to get a petition approved had not occurred, the petition would have been turned down at the January 2010 meeting. The outcome vote was predictable since the developer spent close to $200,000.00 on a campaign. The campaign promised increased property values and jobs to those who voted "yes" Obviously, if you promise people, who are Packet Page -178- 9/13/2011 Item 8. B. out of work and whose homes have decreased drastically in value because of the economic slump, they are going to vote "yes ". You are also dealing with people that paid too much for their homes and many others that are experiencing foreclosure. We, the opposition, had no attorney, no straw ballot and only $496.00 to spend on campaigning. However, we did get 2000 votes. Imagine if we had $200,000.00 to spend! It was disturbing to see the file on this project forwarded to the SW Regional Planning Council even though it did not get approved for transmittal to the DCA. This was not supposed to happen. The fact that two Board of Collier County Commissioners are members of the board for the SWRPC and voted for approval of the Estates Shopping Center, when they knew it didn't get approved, is even more disturbing. The vote did not change the fact that the oversized 40 acre Estates Shopping Center, if approved, will destroy the Golden Gate Master Plan and the rural character of the Estates. It will act as a precedent for the other neighborhood centers to expand to 40 acres. It will allow approval of additional commercial projects on Golden Gate Blvd. and Wilson Blvd. The rO installation of a package sewer plant will be the prototype to encourage more large projects in the Estates. It will cause an overlap of commercial in the Estates. There are numerous approved commercial sites in the Estates that have not been developed. It will neutralize the approved 40 acre shopping center on Randall Blvd in their quest for retailers and customers. Please note, the Randall Blvd shopping center conforms to the Golden Gate Master Plan. It will cause a traffic glut at the Golden Gate Blvd. and Wilson Blvd. intersection. This intersection is rated seventh in Collier County for traffic accidents. It will inconvenience the residents living on 1st Street SW because they will have to go east on Golden Gate Blvd and make a U -turn at the Golden Gate Blvd and Wilson Blvd. intersection in order to go west. If you have a trailer hooked up to your truck, such as a lawn care business, this will be especially difficult. Will the approval of a smaller ten acre shopping center devastate the people Packet Page -179- 9/13/2011 Item 8.13. that voted yes on the straw ballot? No Will the approval of a 40 acre /-IN shopping center devastate surrounding neighbors? Yes Before the vote was taken, we went door to door on 1st Street NW, 3rd Street NW, 1st Street SW and 3rd Street SW and got response from 49 homes (82 people). They are very much opposed to the Estates Shopping Center and its size. Not only is the size objectionable but the package sewage plant as well as the car wash are in close proximity to the neighbors. Also, objectionable, the drive -thru fast food restaurants, such as McDonalds and the outdoor dining that has caused so many problems at the Pebblebrook Shopping Center at the intersection of Immokalee Road and Collier Blvd. The attorney for the project misrepresented these neighbors by claiming they were not opposed to the Estates Shopping Center. Referring to them as the First and Third Group, he presented an agreement to not oppose the shopping center if certain concessions were made. However, he did not attach a list of names and it turns our there were only two residents that made this agreement. We have been monitoring this center for two years and felt so strongly about it they we went to Tallahassee t plead our case. of special interest is the close proximity of an archaeological probability zone that the Department of Community Affairs felt should be surveyed but the county zoning department does not plan on to pursue this suggestion. The archaeological site is approximately 1/4 of mile from the proposed project. Another concern is a well that pumps drinking water to the city and county. It is also 1/4 of a mile from the proposed Estates Shopping Center and near the pkg. sewage treatment plant. An extensive environmental study needs to be conducted at this site for the above reasons and for the wildlife that will impacted on those forty acres. Thank you taking the time to read my letter. Packet Page -180- 9/13/2011 Item 8.B. Sincerely, Patricia Humphries 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. 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. Packet Page -181- 9/13/2011 Item 8.B. Dear Members of the Collier County Planning Commission, I am writing to you in regards to the proposed commercial developmental changes to the Golden Gate Area Master Plan. As a past president of the Golden Gate Area Civic Association and a member of the most recent master plan committee I feel it is my duty to comment on the problems associated with these proposed changes. First and foremost, this proposal is contrary to the current master plan. I am attaching the first three pages of the master plan presentation that was made to the Collier County BCC on June 11, 2003 by the master plan chairperson. The significant information is highlighted on page 3. This was approved unanimously on that day by the BCC and sent to be put in its official form. Somehow, that wording stating that the large scale commercial was to be supported at the periphery of the Estates was omitted. As I pointed out to the BCC on March 22nd of this year, this mistake does not mean it isn't part of the master plan, just that someone goofed. This verbiage was included in our plan because an extremely large number of the homeowners in the Estates had attended the meetings when this was the topic of discussion and made it clear to us that they wanted nothing larger than five acres of commercial inside the Estates. They wanted larger commercial kept to the periphery. We, the master plan committee, believed that the feelings of the people who owned homes and lived there were more important than the wants of developers and speculators. The committee members I have spoken to and I still feel that way. There is no water or sewage in that area and therefore a shopping area of this size would require their own water and sewage plants. These are noisy and odorous things to which homeowners in that area would be subjected. A commercial area of this size would be noisy not only during operating hours but at night with deliveries to the businesses. All of these things would have a negative effect on the homeowners in the area. Currently three corners of this intersection are occupied with commercial enterprises that meet the intent of the master plan. There is a convenience store with gas pumps that has been there for over 20 years, a Walgreens store, and a small commercial plaza with a grocery store. All of these establishments serve the area very welt and will be negatively impacted by the proposed commercial area. A commercial area of the same size has already been approved for a spot four miles away that is on the periphery of the Estates and has the support of the neighbors it will abut. Another commercial development of this size, I feel, will jeopardize the success of both because they will be drawing on the same homeowners for support of the businesses located in them. The developer's attorney has had various public information meetings and is making promises that the general public does not realize he may not be able to keep and will require changes to the development plan. Many of his promises are against the current master plan. The only drive through business currently allowed is a bank. There is not supposed to be any drive through restaurants, yet he is promising a drive through McDonalds. Outside dining and entertainment is also being promised but it is not acceptable according to the master plan. He is also promising a 24 hour convenience store but the master plan calls for operating hours of 6 AM to 10 PM weekdays and 6 AM to 11 PM on weekends. The Packet Page -182- 9/13/2011 Item 8.B. general public in its ignorance is taking what he says at face value, completely unaware of what is and is not allowable according to the master plan. I feel that this a deliberate attempt to confuse people who have no immediate knowledge of the master plan, as the developer knows that much of what he is promising is not currently allowed. I should mention that these exclusions were also at the request of the homeowners in the Estates. I have also heard that there could be a gas station at the convenience store. I feel that more gas storage tanks this close to the water wells is not in the best interest of the environment. Finally, the entire eastern boarder of this proposed commercial area is lined with wells that supply much of Collier County with drinking water. I am concerned that this size commercial will have a negative effect on the aquifer on which the residents of this huge area depend. It could also have a negative effect on the residents of the Estates who depend on their individual wells and this same aquifer every day. Currently we are experiencing low water pressure and I'm told that this is because the aquifer is low. Pulling more large quantities of water from it to support forty plus acres of commercial could be disastrous to all involved. There is no current environmental study regarding the effects of the sewage plant on the wells and aquifer in that area. I believe the county requested one and it was not done. According to South Florida Water Management there should be no problem. I, tend to question any such broad statement made by SFWM because a few years ago, at the height of the building frenzy, many of us questioned how all this new construction was going to affect the water supply for Collier County. Clarence Tears and SFWM assured us that there was plenty of water for everyone with no cause for concern. This was followed shortly with water restrictions that are now permanent. Therefore, without the benefit of a study, the truth of how this will affect the future water in the county i"`, and this area should be considered an unknown. If you should wish to contact me please feel free to do so either via email at kmacauard @comcast.net or by telephone at 239 - 455 -8318. Sincerely, Karen M Acquard Packet Page -183- 9/1312011 Item 8.13. July 26, 2011 To Whom It May Concern: I have resided at 210 5 "' St. N.W. for 29 years. I also own the adjacent properties. In the summer of 2010 we received summer rains, which caused flooding in the yards of homes on 3`d and 5"' St. N.W. My properties had up to a foot of floodwater for over 3 weeks. 1 am aware that there is a low area on the south side of my lot. The flooding has progressively gotten worse since the widening of Golden Gate Blvd. Golden Gate Blvd. serves as a dam, so that water cannot go to the canal at the end of 5t" St. N.W. I checked the culverts on my street. I called South Florida Water Management and they told us to contact the County. The County came out to check the culverts and they informed me that all of the canal gates were open and water would recede on its own; there was nothing more they could do. I informed them that the canal water was backing up on properties on 5 "' St. N.W., along the north canal and further south of the canal, and the properties between 3Td St. N.W. and 5`h St. N.W. Some people had problems with their septic systems. Remember this was a normal rainy season, with NO hurricanes or tropical storms. The draina=ge area behind E's Country Store was almost flooded to Wilson for 3 — 4 weeks. On July 21" the Collier County Planning Commission passed zoning for a shopping mall on Golden Gate n Blvd. There was no report given on the effects of hydrology on the surrounding properties of the proposed mall site. If the proposed mall site is developed, the area and canal systems cannot drain the water. The filling in the canals south of 175 will also have a drastic effect on draining water. There is no place for excess water to go! Another issue to be considered is with more standing water; mosquitoes become a serious problem and well contamination from parking lot drainage. A coordinated effort between the County, South Florida Water Management, expanding the canal system, and mana[zernent of dams is needed. Currently, rain in a regular summer season cannot be handled. There is no way that the watershed for a mall of this magnitude would work; the surrounding properties will be permanently flooded out. Please contact me on the action the County is ready to take (canals, drains) to control the huge watershed that will cause increased flooding. Under the present drainage system, a mall will not work. Sincerely Richard H- Parlier 210 5"' St. N.W. Naples, Fl 34120 Celt (239) 919 -2222 Home (239.) 643 -1216 Packet Page -184- t 9/13/2011 Item 8. B. 1 From: Gregg Strakaluse <gstraka1use@nap1esgov.corn> To: christmascaro116 <christrnascaro116@aol.COrn> Date: Mon, Aug 30, 2010 1:36 pm Dear Ms. Parlier, I received an email from Clarence Tears at the Big Cypress Basin regarding swales. I would first like to clarify that your location. Is 210 5th St. NW off of Golden Gate Blvd in the unincorporated County area? If so, I would refer you to the Stormwater Department at Collier County government. You may wish to speak to Jerry Kurtz there at 252-8192. Thank you, Gregg R. Strakaluse, P.E. Engineering Manager City of Naples, Florida 295 Riverside Circle Naples. FL 34102 Phone: (239) 213-5000 Fax: (239) 213-5010 htt-: "'niaii.ao 1 T, , 7) 1, 11 1 ol-6�ein-t-,sma�:1 ri Packet Page -185- 011 a . , 11\1--: Collier Co standin- Water Conditions I From: Haner.Judy <jxaner@ofNA,ndgov, To: Chrisonaocanol10<Connonascum116@am.oum> Subject: RE: Collier Co standing Water Conditions Dear Ms. Parlier, Fay turned out to be a massive rainmaker for much of the state. Eastern Collier County and the CRS51 corridor received close to1O inches nf rain, The amount of rainfall equaled a25-year storm event (9 inches mmore of rain in72 homs). This volume of surface water runoff from the 120 squore+mile Golden Gate watershed exceeded the conveyance capacity of the canal system — the ability of the canal to handle stonnwater. The drainage system was not intended for flood protection, The design itself limits the capacity of the canals. Compounding matters is the fact that many more people }kminCoUierCoun\ytodayUhanwhenthodminagesyxtexnwascnnntructed. Despite open the low topography and gravity flow of the canals resulted in very slow release of flood waters, and caused flooding in several areas. Additional rain, through afternoon thunderstorms and/or post-storm feeder bands, delayed lowering of water levels. In some cases, water |evo|o may have even increased. While many improvement to the canals and water control structures have been made, additional improvements are scheduled, However. the system will continue to be limited, The City of Naples is closer to the coast and, thus, water has less distance to travel and levels dropped there first. Rainfall in the City limits was not as substantial as the amount of rain that fell along the CR 951 corridor and to the east. The Big Cypress Basin/SFWMD remains committed to protecting residents within Collier County to the best uf our ability. Please let meknow if there is anything else I can assist with, Kindest regards, /u4yHanc intc, m��nmc��|xo4 PuH�Qat�ac��pcc�),� Uq Cy' M55 13215111, 5c;j±6 Florida Water Managcrncn�District - zolden Getc Fa,kway, Suitt 20, N,:v.csFL 3410� 239-263-7615K76037 (p�,�n�} Email: fnanLci6PS' 2�9-2634U��[�v} From: Sent: Thursday, September 11, 2008 3:43 PM To: Stein, Trudy Morris; Kirchhoff, Marsha Subject: Weather and Water Conditions ' Email from Who To Contact Page Contact Us Fo= srom: subject Area: weer-he: a�-- wacer cooditicos - oma-,1 _�zor. Msssaae' Request, Question: What -,, be-,oq none- --o cza-,o atozn save and �ue zalo from rhe cuce ban, of eurzicane there's no flo*, jn�_icating the water is going nowhere. rave. z lire �o Golden, Gate Es�_aces, utu s-� m.m� zi. see the c1cs of uap'le5 scared dry. Related onL, httpa:// Your Name: oero-1 paz��er rnone (with area oouw). Street Address: City: mapleu ^~~~ State: Zip; County: culilez bti,-:/�noil.00Lcozo/]?490'l1l/ool~6,cn-coinzi!/prpack8t Page -186- Who To coo::act Page �xe standing water resul7iog from Tropical zkcr rhe zn�vezts are f�ull to the brims and our vazu is also flooded and has been so since ,r,s as enezvcuioa eao-. of 951 flooded, while 7!17 6/2 0 1 9/13/2011 Item 8.B. Naples Daily News + Wednesday, August 24,.2011 9 19D I L, 10) 11�__ NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, SEPTEMBER 13, 2011, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of. County Commissioners 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 COUN- TY, FLORIDA, AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED 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 PROPER- TY FROM AN - ESTATES (E) ZONING DISTRICT WITH A WELLFIELD RISK MANAGE- MENT SPECIAL TREATMENT OVERLAY TO A COMMERCIAL PLANNED -UNIT DEVEL- OPMENT (CPUD) ZONING DISTRICT WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY, FOR THE PROJECT TO BE KNOWN AS THE ESTATES SHOP- PING CENTER CPUD, TO ALLOW UP TO 170,000 SQUARE FEET OF COMMERCIAL DE- VELOPMENT ON PROPERTY LOCATED IN THE NORTHWEST CORNER OF THE GOLD- EN GATE BOULEVARD AND WILSON BOULEVARD INTERSECTION IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COCINTY, FLORIDA, CONSISTING Of 41+1- ACRES; AND PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ- PL2009- 1017) Copies of the proposed Ordinance are on file with the Clerk to the Board. and are 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 administrator prior to presentation of the agenda i em to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an in- dividual to speak on behalf of an organization or group is encouraged. If recog- nized 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 material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a 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 evi- dence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to par- ticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3335 Tamiami Trail ' East, Building W, Naples, Florida 34112; (239)252 -8380; Assisted listening devices for the hearing impaired are. available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By. Polaski, Deputy Clerk (SEAL) August 24 2011 No1912193 1921 a d Packet Page -187-