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CCPC Agenda 08/16/2018 GMPA (CPSS-2018-1) AGENDA ITEM#9/4 COLLIER COUNTY GROWTH MANAGEMENT PLAN AMENDMENT EEL, CYltoi�lakes BLVD N T Immokalee RD 2018 SMALL SCALE AMENDMENT (ADOPTION HEARINGS) Project/Petitions: PL20170003768/CPSS-2018-1 (companion PUDZ-PL20170003766) CCPC: AUGUST 16, 2018 BCC: SEPTEMBER 25, 2018 Clerks Office TABLE OF CONTENTS 2018 SMALL SCALE GMP Amendment PL20170003768/CPSS-2018-1 Adoption Hearing CCPC August 16, 2018 [Companion PUDZ-PL20170003766] 1) TAB: Adoption Staff Report DOCUMENT: CCPC Staff Report: PL20170003768/CPSS-2018-1 2) TAB: Adoption Ordinance DOCUMENT: Adoption Ordinance with Exhibit "A" text (and/or maps): PL20170003768/CPSS-2018-1 3) TAB: Project PL20180003768/ DOCUMENT: Petition/Application Petition CPSS-2018-1 4) TAB: Legal Advertisement DOCUMENT: CCPC Advertisement P L20170003768/CPSS-2018-1 Coe-r PCovinty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION, COMPREHENSIVE PLANNING SECTION HEARING DATE: August 16, 2018 RE: PETITION PL20170003768/CPSS-2018-1, SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT (Companion to petition PUDZ- PL20170003766, Seed To Table) [ADOPTION HEARING] AGENT/APPLICANT/OWNER Agents: Bryan Milk, AICP 13180 Livingston Road, Suite 204 Naples, FL 34109 Robert Mulhere, FAICP Hole Montes 950 Encore Way Naples, FL 34110 Richard Yovanovich, Esq. Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Applicant/Lessee: Oakes Farms, Inc. -Alfie Oakes, President do Brian Howell Phoenix Associates of Florida, Inc. 13180 Livingston Road, Suite 204 Naples, FL 34109 Owner: Collier County do Real Property Management Division 3335 Tamiami Trail East, Suite 101 Naples, FL 34112 1 P L20170003768/CPSS-2018-1 GEOGRAPHIC LOCATION: — The subject property, comprising ±6.33 acres of a 17.09-acre parcel, is located north of the easterly terminus of Piper Boulevard and at the northwest corner of Immokalee Road (CR 846) and Livingston Road, in Section 24, Township 48 South, Range 25 East, within the North Naples Planning Community. (see subject site below) (SUBJECT PARCEL) ,.�,,, -- ..r i; e... VW !rrmcri 44004 Rd a4a NORTH PROJECT LOCATION r SCALE-1" = 2000' (see entire 17.09-acre tax •arcel below lAmtarDR _ 5- I _if Andover EZ 4 9f „ e-- t i- 2 + °rnDR . ; 'ail dam+ . a n ;` ij Sit,,- W atougfiby Drove off Callon Lakes @LVD _',t."�'�` .a r c IF"' 'm a4. ‘ tea: 1 F t e -"a - r RD aP,, - _.INit,, -24 A YO: s. r t ' I � i' i 4 -. �i1 ......... r i".1 Tr ' fes: 2 l Vit ! I I - Cougar CTS 2 P L2 0170003768/C P S S-2018-1 REQUESTED ACTION: The applicant proposes a small-scale Growth Management Plan amendment to the Future Land Use Element (FLUE) and Future Land Use Map (FLUM), specifically to establish the new Seed To Table Commercial Subdistrict, affecting fewer than ten (10) acres, by: 1) Amending Policy 1.5B. Urban — Commercial District, to add the Seed To Table Commercial Subdistrict; 2) Amending Urban Designation provisions to add the new Subdistrict name where various Subdistricts that allow commercial uses are listed; 3) Amending the Urban — Commercial District to add the new Subdistrict provisions; 4) Amending the Future Land Use Map Series listing to add the title of the new Subdistrict map; and 5) Amending the Future Land Use Map to depict the new Subdistrict, and adding a new Future Land Use Map Series inset map that depicts the new Subdistrict. The proposed amended/added text and maps are depicted on Ordinance Exhibit A's. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting this change to facilitate development of a parking lot for employees of the Oakes Farms/Seed to Table store across Livingston Road to the east (beyond the number of parking spaces required by the Land Development Code (LDC)) and for the public using the Collier Area Transit (CAT) bus system as a park and ride location, and for public utilities facilities and services. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Subject Property: The subject 6.33-acre site, which is a portion of a 17.09-acre tax parcel, is undeveloped though mostly cleared; overhead electric transmission lines run through the property in a north-south direction within the FPL easement that encumbers the site. The site is zoned RSF-3, Residential Single Family, three dwelling units per acre; and, it is designated Urban Mixed Use District, Urban Residential Subdistrict and is within a residential density band. Roughly the east one-half of the tax parcel is comprised of Livingston Road right-of-way. Surrounding Lands: North: Undeveloped property containing overhead FPL transmission lines within FPL easement; zoned RSF-3; and, designated Urban — Mixed Use District, Urban Residential Subdistrict, and within a residential density band. East: Across Livingston Road, multi-family dwelling units and a former chain grocery store being renovated as an Oaks Farms/Seed to Table store; zoned PUD (Carlton Lakes); and designated Urban — Mixed Use District, Urban Residential Subdistrict, and within a residential density band. 3 P L20170003768/C PS S-2018-1 South: Across Immokalee Road, undeveloped property containing overhead FPL transmission lines within FPL easement; zoned PUD, Planned Unit Development (Pelican Marsh); designated Urban — Mixed Use District, Urban Residential Subdistrict, and within a residential density band. To the southeast and southwest are multi-family developments zoned April Circle and Pelican Marsh PUD, respectively. West: Undeveloped and wooded portion of the parent tax parcel owned by Collier County (±150 feet wide) then single family dwelling units, an FPL substation, and a Collier County utilities pump station; zoned RSF-3; designated Urban — Mixed Use District, Urban Residential Subdistrict, and within a residential density band. Identification and Analysis of the Pertinent Small-Scale Comprehensive Plan (GMP) Amendment Criteria in Florida Statutes, Chapter 163.3187: Process for adoption of small-scale comprehensive plan amendment, followed by staff analysis in bracketed bold text. (1) A small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer. [The proposed amendment pertains to a 6.33-acre site.] (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year. [Thus far, two small scale GMP amendments have been adopted in calendar year 2018 for a total of±11.15 acres (5.35 + 5.8).] (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section. [This amendment is for a site-specific Future Land Use Map change and directly related text change.] (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). [The subject property is not within an Area of Critical State Concern.] (4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. [Internal consistency will be maintained if the GMP amendment is approved.] BACKGROUND AND ANALYSIS: The subject site is proposed to be developed with a parking lot and Collier County utility facilities and services. The parking lot will be for employees of the grocery store across Livingston Road to the east (former chain grocery store being renovated for an Oakes Farms/Seed to Table store) but not for patrons, and the parking provided will be beyond that required by the LDC; all LDC- required parking will be provided on the same site as the store. A portion of the parking lot will 4 P L20170003768/CPSS-2018-1 �.. be used for the CAT park and ride patrons. The utilities and CAT parking uses are essential services allowed by the FLUE; the employee parking aspect of the parking lot is a commercial use which necessitates this GMP amendment petition. Therefore, the focus of staff review is on the employee parking use (review of the companion PUD rezone petition considers all uses proposed for the site). The specific and limited nature of this GMP amendment is different than the typical request for a commercial subdistrict. There are no commercial uses proposed to serve the public — no retail, office, personal service, etc. uses are proposed. As such, the typical needs analysis or market study is not necessary. Instead, considerations are focused upon compatibility with the surrounding area, infrastructure impacts, and suitability of the site as pertains to environmental and cultural resources. Though specific compatibility review is deferred to Zoning Services staff as part of the detailed review of the companion PUD rezone petition where specific compatibility measures are appropriately considered, Comprehensive Planning staff finds the proposed GMP amendment to be generally compatible with surrounding land uses and offers these comments: noise generated from the site should primarily be from vehicles entering and exiting and is expected to occur primarily during employee shift changes, as well as some noise from employee interactions with one another; glare from vehicle lights should be mitigated by perimeter landscaping; parking lot lights should be shielded to prevent glare upon abutting properties; and, there should be minimal odor generated from the site, primarily vehicle exhaust fumes. The public facilities impact analysis indicates no concern for category A public facilities—arterial and collector roads, potable water, wastewater, solid waste, drainage, park and recreational facilities—or other facilities including schools, emergency medical services (EMS) and fire. This project in and of itself has minimal impacts upon public infrastructure as: • There are no water and wastewater facilities proposed for the site. • There is no typical use on site to generate traffic — traffic demand is related to the grocery store across Livingston Road and the proposed parking lot is for employee parking only and only more than that required by the LDC; details of site access and operational issues are appropriately addressed as part of the companion PUD rezone review. • Generation of solid waste should be minimal as there is no typical commercial use on the site. • Storm water management facilities will be provided per LDC requirements, the same as any other commercial project. • There is no residential use to generate demand for parks and recreation facilities or public schools. • There should be minimal impact upon fire, EMS and law enforcement services given the type of development proposed and limited activity on the site. Application materials as well as staff review of the site yields no cultural resources present and minimal native vegetation. A letter was received from the Florida Master Site File concerning recorded archaeological or historical sites indicating no known presence of such resources. (The Florida Master Site File is maintained by the Florida Department of State, Division of Historical Resources. Per that agency's website, the File "is the State of Florida's official inventory of historical, cultural resources.") The project is subject to Conservation and Coastal Management Element (CCME) Policy 11.1.3, concerning accidental discovery of archaeological or historical sites, should any archaeological or historical sites be found on the property. The provision is also included in Subsection 2.03.07 E of the Land Development Code (LDC). 5 PL20170003768/CPSS-2018-1 The proposed GMP amendment will have no effect on the Conservation and Coastal Management Elemen.: as it relates to preservation and protection of native vegetation and listed species of wildlife. Criteria for GMP Amendments in Florida Statutes Data and analysis requirements for comprehensive plans and plan amendments are noted in Chapter 163, F.S., specifically as listed below. Section 163.3177(1)(r , Florida Statutes: (f) All mandatory and optional elements of the comprehensive plan and plan amendments shall be based upon relevant and appropriate data and an analysis by the local government that may include, but nct be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the comprehensive plan or plan amendment. To be based on data meals to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendmer t at issue. 1. Surveys, studi:is, and data utilized in the preparation of the comprehensive plan may not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies surveys, data, and supporting documents for proposed plans and plan amendments s!iall be made available for public inspection, and copies of such plans shall be made available to the public upon payment of reasonable charges for reproduction. Support data or summaries are not subject to the compliance review process, but the comprehensive plan must be clearly based on appropriate data. Support data or summaries may be used to aid in the determination of compliance and consistency. 2. Data must be taken from professionally accepted sources. The application of a methodology ui ized in data collection or whether a particular methodology is professionally ic;cEpted may be evaluated. However, the evaluation may not include whether one ac:epted methodology is better than another. Original data collection by local governmerts is not required. However, local governments may use original data so long as methodologies are professionally accepted. 3. The compreher sive plan shall be based upon permanent and seasonal population estimates and projections, which shall either be those published by the Office of Economic and Demographic Research or generated by the local government based upon a professionally acceptable methodology. The plan must be based on at least the minimum amount of land required to accommodate the medium projections as published by the Office of Economic and Demographic Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including related rules of the Administration Commission. Absent physical limitations on population growth, population projections for each municipality, and the unincorporated area within a county must, at a minimum, be reflective of each area's proportional share of the total county population and the total county population growth. Section 163.3177(6)(a)2.: 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. 6 P L20170003768/C PS S-2018-1 e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community's economy. j. The need to modify land uses and development patterns within antiquated subdivisions. Section 163.3177(6)(a)8., Florida Statutes: (a) A future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public facilities, and other categories of the public and private uses of land. The approximate acreage and the general range of density or intensity of use shall be provided for the gross land area included in each existing land use category. The element shall establish the long-term end toward which land use programs and activities are ultimately directed. 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. Also, the state land planning agency has historically recognized the consideration of community desires (e.g. if the community has an articulated vision for an area as to the type of development desired, such as within a Community Redevelopment Area), and existing incompatibilities (e.g. presently allowed uses would be incompatible with surrounding uses and conditions). NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05 F was held on May 31, 2018, 5:30 p.m. at North Collier Regional Library headquarters, located at 2385 Orange Blossom Drive, Naples, FL 34108. This NIM was advertised, noticed and held jointly for this small scale GMP amendment petition and companion PUD rezone petition. The applicant team gave a presentation and responded to questions and comments. Several members of the public spoke, asking questions/seeking more information, expressing concerns, and expressing support for the Oakes Farms store. Concerns included: after hours illicit use of the parking lot; security of the parking lot; lighting for the parking lot and its impacts on neighborhood; increased traffic on Piper Blvd.; traffic impacts/concerns at Livingston Road/ Immokalee Road intersection. A total of 40-45 members of the public attended the NIM, in addition to the applicant's team and County staff. The NIM minutes or notes, prepared by the applicant team, are included with the companion PUD rezone petition. The meeting was ended at approximately 7:05 pm. 7 P L20170003768/C P SS-2018-1 [synopsis prepared by David Weeks, AICP, Growth Management Manager] FINDING AND CONCLUSIONS: • The site is encumbered by an FPL easement and contains overhead electric transmission lines. • The subject site is undeveloped, zoned RSF-3, Residential Single Family, and is designated Urban Residential Subdistrict on the GMP's Future Land Use Map (FLUM). • The proposed CAT park and ride facilities and public utilities uses are allowed as essential services which are consistent with the existing FLUM designation (i.e. those uses do not require this GMP amendment). • The site is bounded: to the east and south by arterial roads; to the north by an undeveloped RSF-3 zoned parcel also encumbered by an FPL easement containing overhead electric distribution lines; and, to the west by a utility pump station, an FPL electric substation, and a +150 feet wide strip of vegetation on the remaining portion of the County-owned parcel of which the subject site is a portion. • There are no infrastructure related concerns. • There are no adverse impact concerns for environmental or cultural resources. • The proposed employee parking lot use is generally compatible with the surrounding area. LEGAL CONSIDERATIONS: This Staff Report was reviewed by the County Attorney's Office. The criteria for GMP amendments to the Future Land Use Element and map series are in Sections 163.3177(1)(f) and 163.3177(6)(a)2 and 163.3177(6)(a)8, Florida Statutes. [HFAC] STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PL20170003768/CPSS-2018-1 to the Board of County Commissioners with a recommendation to approve for adoption and transmittal to the Florida Department of Economic Opportunity. Prepared By: David Weeks,AICP, Growth Management Manager Comprehensive Planning Section, Zoning Division Petition Number: PL20170003768/CPSS-2018-1 Staff Report for August 16, 2018 CCPC meeting NOTE: This petition has been scheduled for the September 25,2018 BCC meeting. CCPC Staff Rpt CPSS-2018-1 a G:\CDES Planning Services\Comprehensive\Comp Planning GMP DATA\Comp Plan Amendments12018 Cycles&Smalls12018 Small Scale petitions\CPSS-18-1 Seed to Table prkg lot\CCPC dw17-26-18 8 ORDINANCE NO. 18- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY ADDING THE SEED TO TABLE COMMERCIAL SUBDISTRICT TO THE URBAN—COMMERCIAL DISTRICT AND CHANGING THE DESIGNATION OF PROPERTY FROM URBAN RESIDENTIAL SUBDISTRICT TO SEED TO TABLE COMMERCIAL SUBDISTRICT TO ALLOW OFF-SITE EMPLOYEE PARKING FOR THE SEED TO TABLE COMMERCIAL DEVELOPMENT IN THE CARLTON LAKES PLANNED UNIT DEVELOPMENT AND ALLOW COLLIER AREA TRANSIT (CAT) PARK & RIDE AND COUNTY UTILITYFACILITIES; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF ±6.33 ACRES IS LOCATED NORTH OF THE TERMINUS OF PIPER BOULEVARD AT THE NORTHWEST CORNER OF THE INTERSECTION OF LIVINGSTON ROAD AND IMMOKALEE ROAD, IN SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA. [PL20170003768] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Oakes Farms, Inc. requested an amendment to the Future Land Use Element and Future Land Use Map and Map Series to create the Seed to Table Commercial Subdistrict; and Words underlined are added,words stniele4hceugh have been deleted. [18-CMP-01007/1404314/1]84 Seed to Table GMPA-PL20170003768 7/13/18 Page 1 of 3 WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small Scale Amendment;and WHEREAS, the Subdistrict property is not located in an area of critical state concern or an area of critical economic concern; and WHEREAS, the Collier County Planning Commission (CCPC) on August 16, 2018 considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS,the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan on , 2018; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Future Land Use Element and Future Land Use Map and Map Series in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development Words underlined are added,words struck ough have been deleted. [18-CMP-01007/1404314/1]84 Seed to Table GMPA-PL20170003768 7/13/18 Page 2 of 3 permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, INTERIM CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk ANDY SOLIS,Chairman Approved as to form and legality: ‘17 Heidi Ashton-Cicko, 'k Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment& Map Amendment Words underlined are added,words struck through have been deleted. [18-CMP-01007/1404314/1]84 Seed to Table GMPA-PL20170003768 7/13/18 Page 3 of 3 Exhibit"A" FUTURE LAND USE ELEMENT Policy 1.5: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: *** *** *** *** *** *** TEXT BREAK *** *** *** B. URBAN COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict *** *** *** *** *** *** TEXT BREAK *** *** *** 12. Davis—Radio Commercial Subdistrict 13. Logan Boulevard/Inunokalee Road Commercial Infill Subdistrict 14. Seed to Table Commercial Subdistrict *** *** *** *** *** *** TEXT BREAK *** *** *** I. URBAN DESIGNATION *** *** *** *** *** *** TEXT BREAK *** *** *** Urban designated areas will accommodate the following uses: a. Residential uses including single family, multi-family, duplex, and mobile home. The maximum densities allowed are identified in the Districts, Subdistricts and Overlays that follow, except as allowed by certain policies under Objective 5. b. Non-residential uses including: *** *** *** *** *** *** TEXT BREAK *** *** *** 12. Commercial uses subject to criteria identified in the Urban-Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, Buckley Mixed Use Subdistrict,Vanderbilt Beach/Collier Boulevard 1 C:\Users\kathynellcrotteau\AppData\Local\Microsoft\Windows\INetCache\ContentOutlook\Y 11 UZG5\Ex_A_Text_SeedToable_G M PA 71118.docx Commercial Subdistrict, Commercial Mixed Use Subdistrict,Henderson Creek Mixed Use Subdistrict, Livingston/Radio Road Commercial Infill Subdistrict,Vanderbilt Beach Road Neighborhood Commercial Subdistrict,Vincentian Mixed Use Subdistrict, Davis—Radio Commercial Subdistrict; and, in the Urban Commercial District,Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict,Livingston Road/Eatonwood Lane Commercial Infill Subdistrict,Livingston Road Commercial Infill Subdistrict, Commercial Mixed Use Subdistrict,Livingston Road/Veterans Memorial Boulevard Commercial Infill Subdistrict, Goodlette/Pine Ridge Commercial Infill Subdistrict; Orange Blossom/Airport Crossroads Commercial Subdistrict,Logan Boulevard/Immokalee Road Commercial Infill Subdistrict, Seed to Table Commercial Subdistrict,in the Bayshore/Gateway Triangle Redevelopment Overlay; and, as allowed by certain FLUE policies. *** *** *** *** *** *** TEXT BREAK *** *** *** C. Urban Commercial District *** *** *** *** *** *** TEXT BREAK *** *** *** 14. Seed to Table Commercial Subdistrict The Seed to Table Commercial Subdistrict consists of+/- 6.33 acres and is located on the west side of Livingston Road,just north of the terminus of Piper Boulevard. The purpose of this subdistrict is to allow for the development of a parking lot and Collier County utility facilities and services. Development in this subdistrict shall be subject to the following: a. Allowable uses are limited to the following:parking lot; Collier County utility facilities and services. b. The parking Iot is only to be used by employees of the commercial development located immediately east across Livingston Road (Carlton Lakes PUD. Planned Unit Development, commercial tract)and by patrons of the Collier Area Transit(CAT)Park and Ride Program. c. No LDC-required parking shall be allowed for the commercial development immediately east across Livingston Road or any other off-site use. d. Use of the parking lot by any person or entity for truck unloading or parking,deliveries,offsite storage,or overnight parking is prohibited. e. The subdistrict shall be rezoned to PUD. f. The implementing PUD shall include: 2 C:\Users\kathynellcrotteau\AppData\LocalNicrosoft\Windows\INetCache\Content outlook\Yl l UZG5\Ex_A_Text_SeedToable_G M PA 71118.docx 1. Provisions of ingress and egress to accommodate CAT buses; 2. Provisions for pedestrian access to the existing crosswalk at the intersection of Livingston Road and Immokalee Road; 3. Design measures to discourage pedestrians from crossing Livingston Road other than at the designated crosswalk located at Livingston Road and Immokalee Road; and, 4. Provisions for adequate buffering and screening around the parking lot and along Livingston Road. *** *** *** *** *** *** TEXT BREAK *** *** *** Future Land Use Map Series Future Land Use Map Activity Center Index Map Mixed Use&Interchange Activity Centers Maps *** *** *** *** *** *** TEXT BREAK *** *** *** Davis—Radio Commercial Subdistrict Map Logan Boulevard/Immokalee Road Commercial Infill Subdistrict Map Mini Triangle Mixed Use Subdistrict Map Seed to Table Commercial Subdistrict Map [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 3 C:\Useraathynellcrotteau\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\YI l UZG5\Ex_A_Text_SeedToable_G M PA 71118.docx EXHIBIT A PETITION PL20I70903768/CPSS-2018-1 441,0 SEED TO TABLE COMMERCIAL SUBDISTRICT COLLIER COUNTY, FLORIDA -„. . . , . i . \ • ( .:•• , ...... _ .._._ . . . , Johnnycake DR - " ! .., 0 ce , .......„... , . : SUBJECT -- SITE . _ .. . ...., SITE , u) ca , e Creekgms , c • I . 21... I • I •,,.. --..----.--.— .—...... 17111\ . • I —•••—•......... 4.. I , . : I . I, • ,• , 1 1 ..._ .. lilloughby Drive-EXT. garitOntaketr-BLVD---- ., . . i , : . , , • : 1 •i 11 1 I I I I' I I . • I 1 • .s. , I 1 I 1 • I I • I 1 I A 1 - 11 11 • I I • 1 • • .. , • . _ .. . Piper BLVD , . _____ • , Immokalee RD __ __: --,. i ! Saint Croix LN 1 I , .•: . rK 7 1 . . 1Windsong 9Fk — ADOPTED-XXX)00( (Ord.No.XXX) LEGEND PREPARED BY:GIS/CAD MAPPING SECTION GROWTH MANAGEMENT DEPARTMENT 0 137.5 275 550 Feet r rw:A SUBDISTRICT FILE:CPSS-2016-3 LOCATION MAP.mxd DATE:7/12/2018 I i 1 I 1 I I I I 1 1 T46S I 147S I T48S I 749S 1 T 50 I T51S I T52S 153S 6- S N w c 1 ; � I I 1 � f,70 9 mi^ - -ii i $ P. - - - ,,,,,.7,f,„, - - >,14.-”r.-N.2:.::. _ " �t- - -. n.-R' ^-- are-E' .; E., = s g - 2°z z VV2 z%0 K :�c V8Vc;z - _ 7e.,,,...§,—......_ zW"7eo: 5 ^°`q w°'w'W=°o ''.' o8gSz800 P...2�VE§p°8 d - li 6 F 6 > i - z - - - _ z6R5$-°°_r "EEE- '--ao° gh§ ` Wm-s"W-o-w-i.,w 0 lic 1 1H idli Lqj u a d 0. w o $ Ili�. 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W 1 , / , 31 2W ? w M mss.„ 1' iNi W ; i. r ; ``aa sa w ii G II it k 1e NiEa WSre Q 0 J S l I Nyg S S .',L f N C1.3 LL }N.pp ..Nat: '^ - // s.11 /• _ W r' J v QWFN 0 �� , &At �/1-6 / i - N m �F.w ii / qa — ItlF– yZg 0. w ., -/______,_ �.: �' aOVW co'') 01--_,-- -/ 1 _ e,"��a G3 `'.g' :�� / C U �g9i�^ N LL 0 < i'— -J ext . la C4 r T46S I T47S I ___-_T48S I T49S I T50S I T51S I 152S 1 T53S Pre-application Meeting Notes 1111/17 at 1:30 pm in Conference Room B GMPA pre-application meeting (held jointly with PUDZ pre-app)to create a Subdistrict to allow for a joint use parking lot[PL20170003766 (PUDA) and PL20170003768 (GMPA)] Location: NW corner of Livingston& Immokalee Roads in 24-48-25 Folio#: 00162960004 Zoning: RSF-3 Future Land Use Designation: Urban Residential Subdistirct Existing Use: undeveloped (encumbered by FPL easement containing electric distribution lines) Petitioner comments: Parking lot primarily to serve employees of Oakes Farms store in Carlton Lakes PUD across the street at NE corner of Livingston/Immokalee Roads., but may also allow customer parking with valet service, and intend to provide public parking spaces/CAT park'n ride stop. All parking is in excess of that required for the store; all required parking is located on the store site. Anticipate shuttle service to take employees from parking lot to the store. Expect employee parking ' portion of lot to be gated. Single entrance/exit on Livingston Road towards northern end of the site,There may be an emergency exit onto Piper Blvd. and/or a connection to Piper Blvd.for sole use by CAT bus. Property is owned by Collier County; petitioner is pursuing a lease agreement—which will be for <10 acres of the 17-acre parcel. Petitioner will also need a r/w permit from FPL—which will impose certain restrictions such as limited height of plantings such that deviations may be needed from LDC requirements(this would be in the PUD). Staff comments: • Should qualify for Small Scale GMPA under Ch. 163.3184, F.S. • Suggest a new Subdistrict to be located in the Urban Commercial District. Identify in the Subdistrict the purpose for the parking lot and identify the intended users (employee parking; public use with CAT; customers, perhaps). • Need to address provisions in Ch. 163.3177(6)(a)2.a.j. and 8.a.-c.; some responses may be n/a or otherwise brief. [this statutory reference and sample responses emailed to Bryan Milk on 11/1/17]] • No specific data &analysis required as would typically occur for a GMPA seeking approval for commercial use but should provide a thorough, detailed narrative explaining the proposed uses and why needed as well as public benefit provided. • IF number of parking spaces for employee parking is deemed to run afoul of LDC limit on amount of parking allowed in excess of that required (for the store), then can address in the Subdistrict; this may include stating that the LDC limit exceeded can only be used as required parking if the petitioner owns the site(Heidi's comment). • Public Utilities may need an easement(CUE)on the site. • $500.00 pre-app fee paid. Attendees: Petitioner team: Rich Yovanovich, Bryan Milk, Brian Howell - Staff: Fred Reischl (for PUDZ), David Weeks (for GMPA), Mike Bosi, Summer Araque, Camden Smith, Mike Levy, Jamie French, Craig Pajer, Eric Fey, Omar DeLeon, Peter Shawinsky, Mike Dumais, Laurie Beard, Mike Sawyer, Mark Templeton, Danny Condomina, Jessica Velasco, Erin Josephitis, Heidi F.Ashton-Cicko, unlD'd male from Fire, unlD'd female from Public Utilities. 111.17 Glakpre-appnoles dwf 1l-I.17 GAMS PlamdngSetrices,Comprehonsive\Comp Planning GIIP DATA\Comp Plan Amendments\2017 Cycles&Small Scale Pelilions\pre•app meelings In 2017\11.1-17 Seed to Table parking lel Co ei County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 vvww.co liereov.net (239)252-2400 Pre-Application Meeting Notes Petition Type: Date and Time: Assigned Planner: Fred Reischl Engineering Manager(for PPL's and FP's): Project Information Project Name: Seed to Table Additional Parking PL#: 20170003766 / P L - (7 000 3 7 Property ID#: 162960004 Current Zoning: Project Address: 4925 Livingstonca9: Naples State: FL Zip: 34110 Applicant: Phoenix Associates of South Florida Agent Name: Phone: 239-596-9.111 Agent/Firm Address: 13180 Livingston Rd Wy:204 Naplegtate: FL Zip: 34109 Property Owner: Collier County Please provide the following, if applicable: i. Total Acreage: 17 . 09 ii. Proposed#of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 10/13/2017 Page I 1 of 5 Co er County — COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications.A copy of this new form is included in your pre-app Note—link is httos://www.colliergov.net/Home/ShowDocument?id=75093. • " A. "I's P.--iiim. I lent44 ,tz— -Tri-- lvtItAtelDzL - etiz: I414. 1116,7=z, ALL tkivii--) -IgL.UO147Prefkireter, IP- a 14 klet 174 C fLicfa / 44~ ClaY,D . af-4 (- ----„„ d3fibit---\ -sarkil V' lc kr witt , -:,- r MC k ki7\ C2CR— 14-0 nigui7,6r, 4vtiii"E.* . T , „...,„ --11, tpialnikik dole lorri..x ifiqL4k4 Apa. rrnr , cIo,te 1/Filk- iiint , A5-2 Dtciu - 4 taP Ai,AkIN """Nr\--C".41,Net rA, Tor C"',e. t-k--‘4,,,c e....rt\--A-m \a fni...„\to c../... •rt.1..1.4 ei C--ASScytit--r47( Fag LIT%L.Mire, a C 4..eaD ttstAlm Larripi E.?tv.c t.....)RTau0ATEIZ— ?KOK". Fgeaer Ls -1-cfmeA, P bi5clow 1--el eal CC$11)e, 4 n , 1 t.,IPIL ,ke,o,s .04 -Wi Al ArldriktglIe eta.sArnt isrl's A ri s a ce,141 01-cs et ),...$1-rA iN -111)- j7) if d x Disclaimer: Information provided by staff to applicant during the Pre-Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LOC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide ail required data. Updated 10/13/2017 Page 1 2 of 5 Caller County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coIliergov.net (239)252-2400 Meeting Notes 5 05,0 �-r --tom, ► L. <O�� r�-� �-►�S , I.,.- c ti ) Cee.-+ M La€fl E Jna A L $' .0. 1 A,t' II.1.,,.- n _.(.. ,v+ =^� -'�.� 11 1 n . ;~ "1;1,'-' - c- Tiz t-7 CU a.a (add ) Ci)Al; s- Qpew i".4+a..! ouY pca t _ p CAA af[!�� d U'�.'1 SLE rjWv A3 t ' it res`.-'�' ##�'/f 4,7; ' !- 'Jt •� t X% '�. 42.,011/1,-7,&,./17141-c0...4 /'J?Lim ) if:- .441X:(7 v7)(14:: 1, 4 I` '.. 1 r r r / i f ( [ L,.tM,i'S e1 t-1 k PiL. �'-e C i�.. C.L X l Disclaimer: Information provided by staff to applicant during the Pre-Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LOC dictates the regulations which all applications must satisfy. My checklists provided of required data for an application may not fully outline what is needed. it is the applicant's responsibility to provide all required data. Updated 10/13/2017 Page 13 of 5 Gaffer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www,colliergov.net (239)252-2400 Pre-Application Meeting Sign-In Sheet PL# 20170003766 Collier County Contact information: Name Review Discipline Phone Email ❑ David Anthony Environmental Review 252-2497 davidanthony@colliergov.net Summer Ara.que Environmental Review 252-6290 summerbrownaraque@colliergov.net GMD Operations and ❑ Claudine Auclair Regulatory Management 252-5887 ciaudineauclair@colliergov.net ❑ Steve Baluch Transportation Planning 252-2361 stephenbaluch@colliergov,net ❑ Ray Bellows Zoning,Planning Manager 252-2463 raymondbellows@colliergov.net Laurie Beard PUD Monitoring 252-5782 lauriebeard@colliergov.net O Craig Brown Environmental Specialist 252-2548 craigbrown@colliergov.net Managing Asst.County Heidi Ashton Cicko Attorney 252-8773 heidiashton@colliergov.net ❑/John DeBlasis Zoning Services /Planning Tech 252-1050 johndeblasis@colliergov.net Kay Deselem Zoning Services 252-2586 kaydeselem@colliergov.net C Dale Fey North Collier Fire 597-9227 dfey@northcollierfire.com C Eric Fey,P.E. Utility Planning 252-1037 ericfey@colliergov.net L Tim Finn,AICP Zoning Division 252-4312 timothyfinn@colliergov.net Li Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net C Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net Growth Management Deputy James French Department Head 252-5717 jamesfrench@colliergov.net Structural/Residential Plan ❑ Michael Gibbons Review 252-2426 michaelgibbons@colliergov.net • Storm Gewirtz,P.E. Engineering Stormwater 252-2434 stormgewirtz@colliergov.net C Nancy Gundlach,AICP,PLA Zoning Division 252-2484 nancygundlach@colliergov,net C Shar Hingson Greater Naples Fire District 774=2800 shingson@gnfire.org C John Houldsworth Engineering Subdivision 252-5757 johnhouldsworth@colliergov.net ❑ Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net ❑ Alicia Humphries Right-Of-Way Permitting 252-2326 aliciahumphries@colliergov.net ❑ Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net C John Kelly Zoning Senior Planner 252-5719 johnkelly@colliergov.net ❑ Garrett Louviere, P.E. Transportation Planning 252-2526 garrettlouviere@colliergov.net C Thomas Mastroberto Greater Naples Fire 252-7348 thomasmastroberto@coltiergov.net C Jack McKenna,P.E. Engineering Services 252-2911 jackmckenna@colliergov.net C Matt McLean,P.E. Development Review Director 252-8279 matthewmclean@colliergov.net Updated 10/13/2017 Page 14 of 5 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 ❑ Michele Mosca,AICP Capital Project Planning 252-2466 michelemosca@colliergov.net ❑ Annis Moxam Addressing 252-5519 annismoxam@colliergov.net ❑ Stefanie Nawrocki Development Review-Zoning 252-2313 •stefanienawrocki@colliergov.net ❑ Richard Orth Stormwater Planning 252-5092 richardorth@colliergov.net ❑ Brandy Otero Transit 252-5859 brandyotero@colliergov.net ❑ Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net red Reischl,AICP Zoning Division 252-4211 fredreischl@colliergov.net ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Daniel Roman,P.E. Engineering Utilities 252-2538 danielroman@colliergov.net Development Review ❑ Brett Rosenblum,P.E. Principal Project Manager 252-2905 brettrosenblum@colliergov.net ❑ James Sabo,AICP Zoning Principal Planner jamessabo@colliergo.net Michael Sawyer Transportation Planning 252-2926 michaetsawyer@colliergov.net Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net 0/Chris Scott,AICP Development Review-Zoning 252-2460 chrisscott@colliergov.net igl Peter Shawinsky Architectural Review 252-8523 petershawinsky@colliergov.net "Camden Smith Zoning Division Operations 252-1042 camdensmith@colliergov.net ❑ Scott Stone Assistant County Attorney 252-5740 scottstone@colliergov.net ❑ Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net Mark Templeton Landscape Review 252-2475 marktempleton@colliergov.net t Jessica Velasco Zoning Division Operations 252-2584 jessicavelasco@colliergov.net ❑ Jon Walsh,P.E. Building Review 252-2962 jonathanwalsh@colliergov.net Comprehensive Planning iti David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net ❑ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net ❑ Christine Willoughby Development Review -Zoning 252-5748 christinewilloughby@colliergov.net Additional Attendee Contact Information: Name Representing Phone Email 1A14 Hjew - Pk t 2$.05,60/41% ©�-cOW&u..eef 4-ss w . E, o t L1 1 l�.f"-to,/0 J,C I- C-I K. 2 j,.c!'35"5a bra" ty -t r 1„ J+ }� •,", ws.i*c if t 5 f/n1 474-K_ MMoecvi 1( .239-3 74- 934. biq.41 rrt;*iKI- off-m ti 1 covvi A ' 1 Iia ��+�� M� �� - - C. t MM s 7 ANI, ' N► ° -t&t.') 0 .te.,5v-49.24 miK¢. Le 11.4 Coviri i-elca_ C1 I A-t-- Seru Kec 2 0L-6"ih c .tvtrovr wl r ;col i i u.4 Updated 10/13/2017 �l tC ` " / e, O `251 — - - �. . Jap Le 15 of�5 �_ resi.4,94. c ,€ .eacke.ps, i ic(. •r2r.,,,... L c).V r1 TZ NA 1 CAT i"L jtL: ' i.L -t 1 dADE esi S C 4fri J 23`2 7 rwi �ii3 G;dtlit'r �.U.n17d Sr9uy • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www,colliergov.net (239)252-2400 FAX:(239)252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. 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. Please complete the following,use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL,tenancy by the entirety,tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address %of Ownership 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 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 Created 9/28/2017 Page 1 of 3 Co er Cat ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 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 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals,a Corporation, Trustee,or a Partnership, list the names of the contract purchasers below,including the officers,stockholders, beneficiaries, or partners: Name and Address %of Ownership Date of Contract f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired 0 Leased:Term of lease years/months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Date of option: Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form.Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Department ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 Agent/Owner Signature Date Agent/Owner Name(please print) Created 9/28/2017 Page 3 of 3 �uD�} Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: 2017446259 Transaction Number: 2017-069735 Date Paid; 11/01/2017 Amount Due: $500.00 Payment Details: Payment Method Amount Paid Check Number Check $500.00 1343 Amount Paid: $500.00 Change / Overage: $0.00 Contact: Phoenix Associates of Florida, Inc 13180 Livingston Road, Ste 204 Naples, FL 34109 FEE DETAILS: Fee Descriotiori Reference Number Original Amount Gt.Account Fee Paid Pre-application Meeting PL20170003766 $500.00 $500.00 131-138326-341276 Cashier Name: estradamarla Batch Number: 6816 Entered By: JessicaVelasco Velascoiessica Subject: Pre-App PL20170003766 PUDA and PL20170003768 GMPA Location: GMD Conference Room B Start: Wed 11/1/2017 1:30 PM End: Wed 11/1/2017 3:30 PM Recurrence: (none) Meeting Status: Accepted Organizer: LevyMichael Required Attendees: FrenchJames;Brian Howell; bryanmilkl@gmail.com; ryovanovich@cyklawfirm.com; WeeksDavid; ReischlFred;StrainMark;SmithCamden;AhmadVicky;AlcornChris;Amy Lockhart-Taylor;AnthonyDavid;ArnoldMichelle;AshtonHeidi; BaluchStephen; Beard Laurie; BrownAraqueSummer; BrownCraig;CascioGeorge;CondominaDanny; CrotteauKathynell;CrowleyMichaelle; David Ogilvie; DeBlasiisJohn;DeselemKay; dfey@northcollierfire.com;DumaisMike; FaulknerSue; FeyEric; FleishmanPaula; GewirtzStorm; GiblinCormac;Gosselinliz;GundlachNancy; HouldsworthJohn; Hughesiodi; HumphriesAlicia;JacobLisa;jnageond@sfwmd.gov;JohnsonEric; JosephitisErin;KendallMarcia; KurtzGerald; (martin@sfwmd.gov; MartinezOscar; MastrobertoThomas; McCaughtryMary; McKennaJack;McKuenElly; McLeanMatthew;. MoscaMichele;MoxamAnnis; NawrockiStefanie;OrthRichard; PajerCraig;PattersonAmy; PepinEmily; pjimenez@sfwmd.gov; PochrnaraNatalie; RodriguezWanda; RomanDaniel; RosenblumBrett; SantabarbaraGino;SawyerMichael;ScottChris;ShawinskyPeter;Shawn Hanson; SheaBarbara;SmithDaniel;StoneScott;SuleckiAlexandra;SummersEllen; SweetChad;TempletonMark;VanLengenKris;VelascoJessica;WalshJonathan; WickhamFlannery;WilloughbyChristine;AuclairClaudine Categories: FRED`S Petition Planner: Fred Reischl/David Weeks Fire District: North Naples Meeting is in GMD Conference room B ) - - 3QsF3 Se-ed i Car A. Les ; - . { OI. M+ _ iMrxAy . , ., " ` $ .• VPI ,,,It''' i , :k"I''''''''' : :''''''''': ; '.... ' . ' ' ' ' '';-.. 711;7 'Itt'• ., ,0.1.:::: -. sx � , 4 u.: �am ; +3v�« .mow. .....,.�aN�...< .: �.. �r�m,',t P §1 • �# i •nr . RC4 C.0,04Y " f fkAK*i--, 40 .. 2 ,. ,.• ,, ' aii., -,. } ' 4.01ATZZE-cAT ..s. 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Project forward and Joint Use Parking INueDwaonlIdldGlmikepAtO move Table for the Seed to Parcel: 162960004 Under Florida Law, e-mail addresses are public re cords . If you U do not want nt youre-m ail address released e le ased in response to a Public records request, donotsend electronic mail to this entity. Instead, contact thisoffice by telephone or in writing. 3 « a /"..•\. Jar d R � ' 44.; , S •AFX x k , rf. .. f s ti 111111... Y' 4. t d ' •..-t',..Z..''C.'llt • 'N. • „z,sa x�sg,•x �' E' k ',' i •.w r I• !' ' j`. w r1 �, • .l ' a i' . ;.:, ,;',...,,,----,:...., A,,,,...i.-..-• •.. ' . 1-t .-- . Y , it . , ,,. . , „..... . .., ..?,, . ,.. ,.........,„ .,. ....,.„,.,,. .. ,,.,,,,....., . .... . ....,.......„4.„.„ ... a: " ii---. --'.,..,-,•.., ',;', -• 4 s'.4).. t:'f psi` i'. 4 �h 5. 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' _ : - N'''. --- - N._ ' -"r'' . .Y .rte `' Y _ ,q , ,... wtr 1\ s . F, .ipor011" • 4, f,NSi y ?a.-."...„,,,,,i„. " 3 ry *,...,,,,i,,,,,,,„-„,,,,,,,, - r Coffer County y.� COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.collleritov.net (239)252-2400 FAX:(239)252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED (� PUD Rezone(PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code E Amendment to PUD (PUDA): LDC subsection 10.02.13 E.and Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Property Owner(s) Address: City: State: ZIP: Telephone: Cell: Fax: E-Mail Address: Name of Applicant/Agent: Firm: Address: City: State: ZIP: Telephone: Cell: Fax: E-Mail Address: Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. 10/15/2017 Page 1 of 14 Co ler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 REZONE REQUEST This application is requesting a rezone from: Zoning district(s)to the zoning district(s). Present Use of the Property: Proposed Use(or range of uses)of the property: Original PUD Name: Ordinance No.: PROPERTY INFORMATION On a separate sheet attached to the application,provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre-application meeting;and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: / / Lot: Block: Subdivision: Metes &Bounds Description: Plat Book: Page#: Property I.D. Number: Size of Property: ft.x ft.= Total Sq. Ft. Acres: Address/General Location of Subject Property: PUD District(refer to LDC subsection 2.03.06 C): C Commercial —] Residential C Community Facilities C industrial L. Mixed Use ❑ Other: 10/15/2017 Page 2 of 14 Co ier County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N S E w If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: / / Lot: Block: Subdivision: Plat Book: Page#: Property I.D. Number: Metes&Bounds Description: ASSOCIATIONS Required: List all registered Home Owner 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.coliiergov.net/lndex,aspx?page=774. Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: 10/15/2017 Page 3 of 14 Co ler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative 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. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. 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. b. 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. c. 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.) d. 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. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. 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 application of such regulations. 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. 10/15/2017 Page 4 of 14 _ Cod, er county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so,what was the nature of that hearing? 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? E Yes E No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting(NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03,06. Following the NIM,the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s)after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance,the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of 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. LDC subsection 10.02.08 D 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 rezoning, amendment or change,for a period of 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 submission of a new application,repayment of all application fees and the grant of a determination of"sufficiency". Further review of the request will be subject to the then current code. 10/15/2017 Page 5 of 14 Confer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.eolliergov.net (239)252-2400 FAX:(239)252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): Address: City: State: ZIP: Telephone: Cell: Fax: E-Mail Address: Address of Subject Property(If available): City: State: ZIP: PROPERTY INFORMATION Section/Township/Range: / / Lot: Block: Subdivision: Metes &Bounds Description: Plat Book: Page#: Property I.D. Number: TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System ❑ b. City Utility System c. Franchised Utility System Provide Name: d. Package Treatment Plant (GPD Capacity): e. Septic System TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: d. Private System (Well) Total Population to be Served: Peak and Average Daily Demands: A. Water-Peak: Average Daily: B. Sewer-Peak: Average Daily: If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: 10/15/2017 Page 6 of 14 Corner County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coffiergov.net (239)252-2400 FAX:(239)252-6358 Narrative statement: 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. Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that 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 an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Statement of Availability Capacity from other Providers: 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 adequate capacity to serve the project shall be provided. 10/15/2017 Page 7 of 14 tn_ Co ler County r COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.cofliergov.net (239)252-2400 FAX:(239)252-6358 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 (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 planned unit development ( PUD)zoning. We hereby designate , 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. The County will not issue permits,certificates,or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms,conditions and safeguards of the planned unit development. Owner Owner Printed Name Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to(or affirmed)and subscribed before me this day of ,201by who is personally known to me or has produced as identification. Notary Public (Name typed,printed or stamped) 10/15/2017 Page 8 of 14 CoHier County -` COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 xpmxm.coUimrnow.nwt (239)252-2400 FAX:(239)252-6358 Final Submittal Requirement Checklist for; H PUD Rezone-Cli. 3 G. 1 of the Administrative Code Amendment to PUD- Ch. 3 G. 2 of the Administrative Code D PUD tmPUD Rezone-Ch. 3 6. 1 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed belowwith cover sheets attached to each section. Incomplete submittals will not be accepted. #OF REQ\U!�E��ENTS REQUIRED NOT COPIES REQUIRED Cover Letter with Narrative Statement including a detailed description of �- �� ] F—| �� xxhyamendrnentisnecessary . Completed Application with required attachments 1 ED Pre-application meeting notes 1 [.=] Affidavit of Authorization,signed and notarized 1 Property Ownership Disclosure Form 1 El — Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 ED Warranty Deed(s) 1 0 LI List Identifying Owner and all parties of corporation 1 [| Signed and sealed Boundary Survey 1 . Architectural Rendering of proposed structures 10111•10 | U Current Aerial Photographs afromP,ope�y�ppraise�with (availabler_n� includedpr�ectboundary and,�vegetated, FLUCFCSCodes xv�hlegend 8�] 1 Lj on aerial. Statement of Utility Provisions 1 0 Environmental Data Requirements pursuant to LDC section 3.08.00 1 E| 0. Environmental Data Requirements collated into a single Environmental p�� Impact Statement(E|S)packet attime ofpublic heahngs.Coordinate m/ith E [-1 �� project planner at time of public hearings. Listed or Protected Species less than 12 onths oldloclucle, ~,` ` copies ofprevious surveys. .1,„,.,,1; �-��J � �� )�J��rt~�l'.'L'��'�� --- L� ' 1 [/ Tm�c|mpa�S�dy Historical Survey 1 A School Impact Analysis Application, if applicable 1 —, | Electronic copy of all required documents 1 __, + �l l Completed Exhibits A-F(see below for additional infonmotion) �� / List of requestd devitiun»from the WDC with}urtificutionforeach(this l | | | | �� document is separate from Exhibit E) El F~� .......... Revised Conceptual K8astorSite Plan Z�'x36"andOne Q�" x 11"copy / J Original PUD document/ordinance,and Master Plan 24"x 36"*Only if — �� [-1 Anmendingthe PUD -- �� 10y16/2017 Page 9 of 14 Comfier County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coliierxov.net (239)252-2400 FAX:(239)252-6358 Checklist continues on this page — Revised PUD document with changes crossed thru&underlined 1 EJ Copy of Official Interpretation and/or Zoning Verification 1 ❑ _ *If located in Immokalee or seeking affordable housing,include an additional set of each submittal requirement +The following exhibits are to be completed on a separate document and attached to the application packet: O Exhibit C:Master Plan-See Chapter 3 E.1.of the Administrative Code • Exhibit D:Legal Description • Exhibit E: List of Requested LDC Deviations and justification for each O Exhibit F: List of Development Commitments If located in RFMU(Rural Fringe Mixed Use)Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c.,the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding"Wildfire Mitigation&Prevention Plan." PLANNERS–INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District(Residential Components):Amy ❑ Conservancy of SWFL:Nichola Johnson Lockheart ❑ Utilities Engineering:Eric Fey ❑ Parks and Recreation: Barry Williams&David Berra O Emergency Management:Dan Summers ❑ _Immokalee Water/Sewer District: ❑ City of Naples:Robin Singer,Planning Director ❑ Other: ASSOCIATED FEES FOR APPLICATION O Pre-Application Meeting: $500.00 O PUD Rezone:$10,000.00* plus$25.00 an acre or fraction of an acre • PUD to PUD Rezone:$8,000.00* plus$25.00 an acre or fraction of an acre 2 PUD Amendment:$6,000.00* plus$25.00 an acre or fraction of an acre 0 Comprehensive Planning Consistency Review: $2,250.00 t,PO Environmental Data Requirements-EIS Packet(submittal determined at pre-application meeting): $2,500.00 C Listed or Protected Species Review(when an EIS is not required): $1,000.00 !c iv i IS Transportation Review Fees: f eUL.is'_c(j .i. Methodology Review:$500.00,to be paid directly to Transportation at the Methodology Meeting* *Additional fees to be determined at Methodology Meeting. o Minor Study Review:$750.00 o Major Study Review$1,500.00 10/15/2017 Page 10 of 14 c_miLier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRiVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ❑ Legal Advertising Fees: o CCPC:$1,125.00 o BCC: $500.00 • School Concurrency Fee, if applicable: o Mitigation Fees, if application,to be determined by the School District in coordination with the County Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing.All checks payable to:Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re-submittal will be accessed at 20%of the original fee. Signature of Petitioner or Agent Date Printed named of signing party 10/15/2017 Page 11 of 14 Coler minty COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coiliergov.net (239)252-2400 FAX:(239)252- 6358 EXHIBIT (To be completed in a separate document and attached to the application packet.) 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. 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 uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: CONDITIONAL USES(Optional) 1. DEVELOPMENT STANDARDS Table below sets forth the development standards for land uses within the (type of PUD) PUD Residential 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. l 10/15/2017 Page of 14 EXHIBIT 8 (To be completed in a separate document and attached to the application packet.) TABLE I RESIDENTIAL DEVELOPMENT STANDARDS SINGLE TWO-FAMILY CLUBHOUSE/ DEVELOPMENT STANDARDS SINGLE FAMILY PATIO& MULTI- RECREATION FAMILY ATTACHED& FAMILY ZERO LOT LINE BUILDINGS TOWNHOUSE PRINCIPAL STRUCTURES MINIMUM LOT AREA S.F.PER S.F.PER UNIT S.F.PER UNIT S.F.PER UNIT S.F.PER UNIT UNIT MINIMUM LOT WIDTH FEET FEET FEET FEET FEET MINIMUM FLOOR AREA S.F S.F S.F S.F./D.U. N/A MIN FRONT YARD FEET FEET FEET FEET N/A MIN SIDE YARD FEET FEET FEET FEET N/A MIN REAR YARD FEET FEET FEET FEET N/A MIN PRESERVE SETBACK FEET FEET FEET FEET FEET MIN.DISTANCE BETWEEN FEET FEET FEET FEET or BH, N/A STRUCTURES whichever is greater MAX.BUILDING HEIGHT NOT TO FEET FEET FEET FEET FEET EXCEED ACCESSORY STRUCTURES FRONT FEET FEET FEET FEET FEET SIDE FEET FEET FEET FEET BH REAR FEET FEET FEET FEET FEET PRESERVE SETBACK FEET FEET FEET FEET FEET DISTANCE BETWEEN PRINCIPAL STRUCTURE MAX.BUILDING HEIGHT NOT TO Spy SPS SPS or FEET FEET EXCEED S.P.S.=Same as Principal Structures BH=Building Height Footnotes as needed 10/15/2017 Page Vof 14 GENERAL: Except as provided for herein,all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Setback may be either_ feet( )on one side or feet( )on the other side in order to provide a minimum separation between principal structures of feet( ). Alternatively, if the_ foot ( ) setback option is not utilized, then the minimum setback shall not be less than feet( ) and the combined setback between principal structures shall be at least feet( ). At the time of the application for subdivision plat approval for each tract, a lot layout depicting minimum yard setbacks and the building footprint shall be submitted. TABLE II DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA Sq.Ft. N/A MINIMUM LOT WIDTH Ft. N/A MINIMUM YARDS(External) From Immokalee Road Canal ROW Ft. SPS From Future Extension of Collier Blvd, Ft. SPS From Western Project Boundary Ft. Ft. MINIMUM YARDS(Internal) Internal Drives/ROW Ft. Ft. Rear Ft. Ft. Side Ft. Ft. MIN.DISTANCE BETWEEN Ft.or sum of Ft. STRUCTURES Building heights* MAXIMUM HEIGHT Retail Buildings Ft. Ft. Office Buildings Ft. Ft. MINIMUM FLOOR AREA Sq.Ft. ** N/A MAX.GROSS LEASABLE AREA Sq.Ft. N/A * Whichever is greater **Per principal structure,on the finished first floor. 10/15/2017 Page Af14 APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN APPLICATION NUMBER DATE RECEIVED PRE-APPLICATION CONFERENCE DATE DATE SUFFICIENT This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Department, Suite 400,2800 North Horseshoe Drive, Naples, Florida 34104. 239-252-2400 (Fax 239-252-2946). The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing. The applicant will be notified in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application,see Resolution 97-431 as amended by Resolution 98-18 (both attached). If you have any questions, please contact the Comprehensive Planning Section at 239-252-2400, SUBMISSION REQUIREMENTS I. GENERAL INFORMATION A. Name of Applicant/Lessee's Agent Brian Howell (on Behalf of Oakes Farms, Inc.) Company Phoenix Associates of Florida, Inc. Address 13180 Livingston Road,Suite 204 City Naples State Florida Zip Code 34109 Phone Number 239-596-91 11 Fax Number 239-592-2637 B. Name of Agent Bryan Milk • THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Address 13180 Livingston Road,Suite 204/BryanMilkl @gmail.com City Naples State Florida Zip Code 34109 Phone Number 239-370-2932 Fax Number N/A Name of Agent Richard Yovanovich, Esquire Company Coleman Yovanovich & Koester, P.A. Address 4001 Tamiami Trail North, Suite 300 City Naples State Florida Zip Code 34103 Phone Number 239-435-3535 Fax Number 239-435-1218 Name of Agent: Robert J. Mulhere, FAICP, VP Company: Hole Montes, Inc. Address: 950 Encore Way, Naples, FL 34110 Phone # 239-254-2000 Fax# 239-254-2099 C. Name of Owner(s) of Record Collier County Address c/o Real Property Management, 3335 Tamiami Trail East,Ste. 101 City Naples State FL Zip Code 34112 Phone Number Fax Number D. Name, Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. 1 H:\2018\2018009\WP\GMPA\CCPC\GMPA Application(Revised 7-13-2018).doc D. Continued Bryan Milk, Planning Consultant Address: P.O. Box 111045, Naples, FL 34108 Phone Number:239-370-2932; email: bryanmilkl @gmail.com Jim Banks, P.E.-JMB Transportation Engineering, Inc. Address: 4711 7th Ave. SW, Naples, FL 34119 Phone Number:239-919-2767; email: jmbswte@msn.com BearPaws Environmental Consultants Address: 1599 Covington Circle East, Fort Myers, FL 33919 Phone Number: 239-340-0678; email: BearPaws.Env.Consultincl@gmail.com II. Disclosure of Interest Information: A. If the property is owned fee simple by an INDIVIDUAL, Tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Stock Collier County 100% c/o Real Property Management 3335 Tamiami Trail East,Ste. 101, Naples, FL 34112 C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest D. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership There is a proposed lease with Collier County. The name of the Lessee is proved below. Lessee Name and Address Oakes Farms, Inc. 100% Francis A. Oakes, Ill, President 7695 Santa Cruz Court, Naples FL 34109 2 H:\2018\2018009\WP\GMPA\CCPC\GMPA Application(Revised 743-2018).doc 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 G. Date subject property acquired ( ) leased ( ):Term of lease_30_yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing: 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. III. DESCRIPTION OF PROPERTY: A. LEGAL DESCRIPTION See Attachment "A" Legal Description B. GENERAL LOCATION North of terminus of Piper Boulevard at NW intersection of Immokalee and Livingston Roads C. PLANNING COMMUNITY North Naples D. TAZ 94 E. SIZE IN ACRES 6.33± F. ZONING RSF-3 G. SURROUNDING LAND USE PATTERN See Exhibit"B-1" Future Land Use Map H. FUTURE LAND USE MAP DESIGNATION(S) Urban Mixed Use District/Urban Residential Subdistrict IV. TYPE OF REQUEST: A. GROWTH MANAGEMENT PLAN ELEMENT (S) TO BE AMENDED: Housing Element Recreation/Open Space Traffic Circulation Sub-Element Mass Transit Sub-Element Aviation Sub-Element Potable Water Sub-Element Sanitary Sewer Sub-Element NGWAR Sub-Element Solid Waste Sub-Element Drainage Sub-Element Capital Improvement Element COME Element X Future Land Use Element Golden Gate Master Plan Immokalee Master Plan B. AMEND PAGE (S)10, 66, 145 OF THE FUTURE LAND USE ELEMENT AS FOLLOWS: (Use Strike through to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: See Exhibit "A" { 3 H:\2018\2018009\WP\GMPA\CCPC\GMPA Application(Revised 7-13-2018).doc C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM Urban Mixed Use District, Urban Residential Subdistrict,TO Urban Commercial District,Seed to Table Commercial Subdistrict D. AMEND OTHER MAPS) AND EXHIBITS AS FOLLOWS: (Name & Page #) FLUM —_ E. DESCRIBE ADDITIONAL CHANGES REQUESTED: See Cover Letter I, V. REQUIRED INFORMATION: NOTE:ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN I"=400'. At least one copy reduced to 8- 1/2 x 11 shall be provided of all aerials and/or maps. A. LAND USE Exhibit A-1 Provide general location map showing surrounding developments (PUD, DRI's, existing zoning) with subject property outlined. Exhibit A-2 Provide most recent aerial of site showing subject boundaries, source,and date. Exhibit A-3 Provide a map and summary table of existing land use and zoning within ^� a radius of 300 feet from boundaries of subject property. B. FUTURE LAND USE AND DESIGNATION Exhibit B-1 Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands,with acreage totals for each land use designation on the subject property. C. ENVIRONMENTAL Exhibit C-1 Provide most recent aerial and summary table of acreage of native habitaTs and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT-FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN "A" ABOVE. Exhibit C-2 Provide a summary table of Federal (US Fish & Wildlife Service) and State (Florida Game & Freshwater Fish Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.),Identify historic and/or archaeological sites on the subject property. D. GROWTH MANAGEMENT Reference 9J-11.006, F.A.C. and Collier County's Capital Improvements Element Policy 1.1.2(Copies attached). 1. INSERT "Y" FOR YES OR "N" FOR NO IN RESPONSE TO THE FOLLOWING: N Is the proposed amendment located in an Area of Critical State Concern? (Reference 9J-11.006(1)(a)(5), F.A.C.). IF so, identify area located in ACSC. 4 H:\2018\2018009\WP\GMPA\CCPC\GMPA Application(Revised 7-13-2018).doc N Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380 F.S. ? (Reference 9J-11.006(1)(a)7.a, F.A.C.) Y Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (1)(c), F.S. ? (Reference 9J-11.006(1)(a)7.b, F.A.C.) N Does the proposed amendment create a significant impact in population which is defined as a potential increase in County-wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. Y Does the proposed land use cause an increase in density and/or intensity to the uses permitted in a specific land use designation and district identified (commercial, industrial, etc.) or is the proposed land use a new land use designation or district? (Reference Rule 9J-5.006(5) F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J-11.007, F.A.C.) E. PUBLIC FACILITIES 1. Iv A Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: N/A Potable Water NLA Sanitary Sewer Exh. D (TIS), Arterial & Collector Roads; Name specific road and LOS N/A Drainage N/A Solid Waste Exh. E-1 Parks: Community and Regional, Public Schools If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Objective 1 and Policies) 2. Exh. E-1 Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e. water, sewer, fire protection, police protection, schools and 'emergency medical services, schools. 3. N/A Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. F. OTHER Identify the following areas relating to the subject property: N/A Flood zone based on Flood Insurance Rate Map data (FIRM). N/A Location of wellfields and cones of influence,if applicable. (Identified on Collier County Zoning Maps) N/A Traffic Congestion Boundary,if applicable N/A Coastal Management Boundary, if applicable N/A High Noise Contours (65 LDN or higher) surrounding the Naples Airport,if applicable (identified on Collier County Zoning Maps). 5 H:\2018\2018009\WP\GMPA\CCPC\GMPA Application(Revised 7-13-2018).doc G. SUPPLEMENTAL INFORMATION N/A $16,700.00 non-refundable filing fee made payable to the Board of County Commissioners due at time of submittal. (Plus proportionate share of advertising costs) Yes $9,000.00 non-refundable filing fee for a Small Scale Amendment made payable to the Board of County Commissioners due at time of submittal. (Plus proportionate share of advertising costs) Yes Proof of ownership (copy of deed) Yes Notarized Letter of Authorization if Agent is not the Owner (See attached form) Yes 1 Original and 5 complete, signed applications with all attachments including maps, at time of submittal. After sufficiency is completed, 25 copies of the complete application will be required. * Maps shall include: North arrow, name and location of principal roadways and shall be !- at a scale of 1"=400' or at a scale as determined during the pre-application meeting. 6 H:\2018\2018009\WP\GMPA\CCPC\GMPA Application(Revised 7-13-2018).doc AFFIDAVIT OF AUTHORIZATION • FOR PETITION NUMBERS(S) SEED TO TABLE CPUD(RUDZ-PL•20170003788)AND SSGMPA(PL•201700037881CPSs•2018-1) I, FRANCIS A,OAKES,III (print name),as DIRECTOR PRESIDENT (title,if applicable)of OAKES FARMS,INC. (company, If a Iicable),swear or affirm under oath,that i am the(choose one)? Yii6r 4501baiSt1 1fild3iil dt tll�SPKld rnand that:LESS$$ 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this ?.. application and the Land Development Code; •• 2. All answers to the questions In this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize BRYAN MILK,RICHARD YOVANOVICH 5 BOB MULKERE to act as our/my representative In any matters regarding this petition Including 1 through 2 above. t , *Notes: •If the applicant is a corporation, then it is usually executed by the corp.pres. or v.pres. • • If the applicant is a Limited Liability Company(L.LC.) or Limited Company(L.C.), then the documents should typically be signed by the Company's"Managing Member," • If the applicant Is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be Identified as the "general partner"of thee named partnership. • if the applicant is a trust, then they must include the trustee's name and the words"as trustee': • in each instance, first determine the applicant's status, e,g., Individual, corporate, trust, partnership, and then • use the appropriate format for that ownership. Under pa (ties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the fact ated In It ar (0101) Signature Date FRANCIS A. OAKES, III, DP OAKES FARMS, INC. • STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to(or affirmed)and subscribed before me on 122\k (date)by SS (name of person providing oath or affirmation), as ..Lo is personally known to me .r who has produced (type of identification)as identification. STAMP/SEAL Si:nature of Notary Publ c ?,o, REBECCA NIELSI:N "" +i Commission N t G 55542 My Commission •Expires Feb tr.ly 2G, 2021 • CP>,OB.CoA-00115\15s REV 3/24/14 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) SPL 2-0I )oCo37,(0 2i :DO,n.rU. 37bk- I, f�l t t4< >A N31!i 671 41 (yrint name as L. D"'ti'1e(��}:', Vit;✓^ ��(t e, i, f C � applicable)of art))/ ' Q.4 i y (company, If a licabe),swear or affirm under oath, that I am the(choose one)owner applicant(jcontract purchaser and that: 0Vive,,A!) 1. I have full authority to secure the approval(s) requested and to Impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approVedaation. 5. We/I authorize: ' )i .; I LK to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: .•s If the applicant is a corporation, then it Is usually executed by the corp.pres. or v.pres. • If the applicant Is a Limited Liability Company(L.L.C.) or Limited Company(L.C.), then the documents should typically be signed by the Company's"Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant Is a trust, then they must include the trustee's name and the words"as trustee'. • In each instance, first determine the applicant's status, e.g., Individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the fa fed:,f it are tr / 2 y` 5'; atu a Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing Instrument was sworn to(or affirmed)and subscribed before me onC __,(date)by tiG1 (ccSck\a.n u1 act (name of person providing o th r ffirmation), as who Is personally known to me or who has produced cit sKiVAAA y (type of identification)as identification, l: STAMP/SEAL Si natu�` Publ1C .tif+vj+l LISSETT DE LA ROSA r; ': MY COMMISSION#FF981281 • • EXPIRES EXPIRES April 12,2020 (401)308.0153FbrideNateryServtoe.aom CP108•COA-001151155 REV 3/24/14 COASTAL CECI Group Services ENGINEERING Coastal and Marine Engineering CONSULTANTS Environmental and Geological Services Land and Marine Survey and MappingINC. Website:www.coastalengineering.com A CECI GROUP COMPANY ATTACHMENT "A" SEED TO TABLE SEED TO TABLE GMP BOUNDARY LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THAT PART OF THE EAST ONE-HALF (E 11/2) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 24,RUN N 00°15'36" W ALONG THE EAST LINE OF SAID SECTION 24 FOR 100.14 FEET TO AN INTERSECTION WITH THE EASTERLY PROLONGATION OF THE NORTH LINE OF A ONE HUNDRED (100) FOOT WIDE CANAL RIGHT-OF-WAY; THENCE ALONG SAID LINE S 89°13'47" W 275.01 FEET TO AN INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE WEST RIGHT-OF-WAY LINE OF LIVINGSTON ROAD; THENCE ALONG SAID LINE N 00°15'36" W FOR 60.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE N 00°15'36" W FOR 1,172.96 FEET TO THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE SOUTHEAST ONE-QUARTER(SE 1/4) OF SAID SECTION 24; THENCE ALONG SAID NORTH LINE S 89°06'35" W FOR A DISTANCE OF 235.01 FEET; THENCE S 00°15'36" E FOR A DISTANCE OF 1,172.41 FEET TO THE SOUTHEAST CORNER OF THOSE LANDS RECORDED IN O.R. BOOK 1682, PAGE 1092 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LANDS N 89°13'47" E FOR A DISTANCE OF 235.00 FEET TO THE POINT OF BEGINNING; THE ABOVE DESCRIBES APPROXIMATELY 275,564 SQUARE FEET OR 6.33 ACRES OF LAND. 3106 S.Horseshoe Drive,Naples,Florida 34104*Phone(239)643-2324*Fax(239)643-1143*E-mail:info@cecifl.com SERVING FLORIDA SINCE 1977 ATTACHMENT"B" SEED TO TABLE COMMERCIAL SUBDISTRICT JUSTIFICATION& SUPPLEMENTAL INFORMATION Current FLUE Designation: The proposed Seed to Table Subdistrict is located within the Urban Mixed Use District. The Collier County Future Land Use Element reads as follows: The "Urban Mixed Use District This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non-residential land uses, including mixed- use developments such as Planned Unit Developments." Proposed Designation: The proposed Seed to Table Commercial Subdistrict is 6.33±acres in size. The site is owned by Collier County and is largely encumbered by an FPL easement. The Collier County BCC voted to allow the developers of Oakes Farms Seed to Table site (former Albertson's grocery store), located at the northeast corner of the intersection of Livingston and Immokalee Roads,to explore a public private partnership with Collier County, to support economic development through a joint use parking lot lease on the subject County-owned parcel. The parcel is presently vacant with the exception of FPL power lines. The southerly 0.85 acres of the site are planned for a future Collier County Utility pump station (and possibly other utility infrastructure). The remaining 5.48± acres included in the SSGMPA and companion CPUD will include improved site access for CAT vehicles, as well as the improved parking areas for both CAT park and Ride users and for employees of the Seed to Table commercial enterprise. An initial pre-application meeting was held with Growth Management staff in July of 2017, followed by an SDP pre-application meeting on August 1, 2017. After approval by the BCC to explore the public-private partnership (October 24, 2017) an additional pre-app (for SSGMPA and CPUD) was held on November 1, 2017. Over the past several months, a draft lease agreement and draft economic development agreement have been developed, as well as a draft FPL Consent Agreement. It is understood that these documents/agreements will need to be finalized prior to approval of the SDP. Review of Applicable Florida Statute 163.31779(6)(a)2: 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies,public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. H:12018\2018009\WP\GMPA\Resubmittal\Attachment B-Justification and Supplemental Information(Revised 5-14-2018).docx Seed to Table Commercial Subdistrict Justification&Supplemental Information f The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community's economy. j. The need to modify land uses and development patterns within antiquated subdivisions. The Subdistrict is located within the County's Urban designated area (on the Future Land Use Map). The parcel is owned by Collier County and is deemed to be surplus. With respect to a. and b. above, this change in land use designation is not driven by a need for additional commercially designated land nor is it driven by a need to accommodate population growth. It is driven by the location of the property in close proximity to a commercial redevelopment project, and the economic benefits of providing sufficient parking for that redevelopment project, as well as providing facilities that will accommodate transit ridership. At present, the land is partially improved with unpaved driveways and vehicle staging areas in support of FPL power lines and nearby transmission station. With the FPL easement encumbering a significant portion of the property, and its location adjacent to two major arterial roadways,the property is not suitable for residential development. The best use for this parcel is the proposed limited use, through a joint public private partnership, allowing for parking for users of Collier Area Transit(CAT)Park and Ride, ingress and egress for CAT vehicles, and employee parking for the nearby commercial development. Paragraphs d., f., g., h. and j. do not apply. Primarily, this land use change is driven by paragraphs e. and i., as it will support the aforementioned redevelopment project, which will create jobs, and which includes capital investment, and economic development that will strengthen and diversify the community's economy. Consistency with FLUE Objective 5: Implement land use policies that promote sound planning, protect environmentally sensitive lands and habitat for listed species while protecting private property rights, ensure compatibility of land uses and further the implementation of the Future Land Use Element. Policy 5.2:Land use policies supporting Objective 5 shall continue to be implemented upon the adoption of amendments to the Growth Management Plan. Policy 5.3:All rezonings must be consistent with this Growth Management Plan. Policy 5.4:All applications and petitions for proposed development shall be consistent with this Growth Management Plan, as determined by the Board of County Commissioners. The companion CPDD can be deemed to be consistent with all applicable Goals, Objective, and Policies of the GMP, assuming the amendment establishing the Seed to Table Subdistrict is adopted. Page 2 of 4 H:\2018\2018009\wP\GMPA\Resubmittal\Attachment B-Justification and Supplemental Information(Revised 5-14-2018).docx Seed to Table Commercial Subdistrict Justification& Supplemental Information Policy 5.6:New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code. The CPDD and LDC include development and design standards that ensure that development within the PUD will be compatible with and complementary to the surrounding area. Site Environmental Considerations: See Exhibit C-1 (Aerial with FLUCCS Mapping). The site is, for the most part, cleared and partially improved with compacted driveways,vehicle parking and staging areas, and FPL power lines. `s i 's, { ,.,Jr :"'r r . r , � O Cub64CQ'i l" i —...., _ i 8 .i!.. CT 4i, ♦> • ,, 'V.10 010y O(0 CR ri' '. 1 .Cat..L....8.-V° '. tko`' $ tr rvr Wr , . k . II .10 �r1" tea 0 aofx - `- I 1 arawr� �' -. g - ' rt L. PROPERTY UNCOWER E t. t. r TOITS OEI OAREAF TO TO RE IMPROVED yy_ I E I PROPOSED PUB LIC/ i y PRIVATE PARKING �.. AREA-3.651 AC ., .1 i :',/ %�FUTURE COWER CEIOPU UTILaITBYSt AC 1 s f E gg ' 4k r$-' t' its #:t' F - -fit, . --- w. . , - :!' 1 .' _ Page 3 of 4 H:\2018\2018009\WP\GMPA\Resubmittal\Attachment B-Justification and Supplemental Information(Revised 5-14-2018).docx Seed to Table Commercial Subdistrict Justification& Supplemental Information Transportation/Traffic Considerations: The Subdistrict is located at the northwest corner of Livingston Road and Immokalee Road. The Subdistrict does not allow any new traffic generating uses. It does not allow for any commercial or institutional uses or any residential dwelling units. The only new use within this Subdistrict is employee parking in support of the commercial development to the east across Livingston Road. The proposed additional employee parking will not have a significant impact on the Levels of Service(LOS) on the arterial roadway in the vicinity of the Subdistrict. Other Public Facility and Service Considerations: The Subdistrict does not allow for any uses that would have an impact on other public services such as parks, schools, law enforcement. The allowable uses, limited to vehicle parking, Collier County utility facilities, and other uses allowed under the existing FPL Easement will have no impact in terms of consumption of public facilities or services, but the site does presently and may in the future contain infrastructure that supports delivery of various public essential services including Collier County utility services and electric power (FPL). Moreover, the site will provide ingress and egress parking for CAT vehicles, and parking for users of CAT Park and Ride services. This will allow for expanded access to public transit. Additional Considerations On October 24, 2017, the BCC approved a recommendation to allow the developer of Oakes Farms Seed to Table facilities located at the northeast corner of the intersection of Livingston and Immokalee Roads (redevelopment of the vacant Albertsons grocery store) to explore a public private partnership with Collier County to support economic development through a joint use parking lot on this County owned property. Subsequent to the BCC approval, the developer prepared preliminary conceptual site plans, and held meetings with County staff and representatives of FPL (as the joint use will require agreement from both Collier County and FPL). The result of those meetings included an agreed to process (SSGIvIPA and CPUD) as well as various conditions and limitations set forth in the proposed Seed to Table Commercial Subdistrict and in more specific detail in the companion CPUD. Florida Statute Sec. 125.045 expressly provides that "The governing body of a county may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose." Conclusion: The approval of this SSGMPA is consistent with State statutes regulating comprehensive plan amendments and it is consistent with applicable GMP policies related to the same. The SSGMPA will allow for supporting employee parking for the Seed to Table commercial redevelopment. The opening of this facility and development of the project will result in substantial economic benefits to the County, including but not limited to the creation of hundreds of jobs and a net increase to the County's tax base. Page 4 of 4 H:\2018\2018009\WP\GMPA\Resubmittal\Attachment B-Justification and Supplemental Information(Revised 5-14-2018).docx EXHIBIT "A" SEED TO TABLE COMMERCIAL SUBDISTRICT PROPOSED GMPA AMENDMENT LANGUAGE Proposed Small Scale Amendment to the Collier County Future Land Use Element (FLUE) Related to +1- 6.33 acre Seed to Table Commercial Subdistrict, located within the Urban Mixed Use District, Urban Residential Subdistrict. The Urban Mixed Use District, Urban Residential Subdistrict. Amend the FLUE SECTION II. IMPLEMENTATION STRATEGY, POLICY 1.5, Page 10, as follows: Policy 1.5: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: C. URBAN- COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. Livingston/Pine Ridge Commercial Infill Subdistrict 4. Business Park Subdistrict 5. Research and Technology Park Subdistrict 6. Livingston Road/Eatonwood Lane Commercial Infill Subdistrict 7. Livingston Road Commercial Infill Subdistrict 8. Commercial Mixed Use Subdistrict 9. Livingston Road/Veterans Memorial Boulevard Commercial Infill Subdistrict 10. Goodlette/Pine Ridge Commercial Infill Subdistrict 11. Orange Blossom/Airport Crossroads Commercial Subdistrict 12. Davis—Radio Commercial Subdistrict 13. Logan Boulevard/Immokalee Road Commercial Infill Subdistrict 14. Seed to Table Commercial Subdistrict Amend the FLUE DESCRIPTION SECTION, Section I, URBAN DESIGNATION, Subsection C. Urban Commercial District, Page 66, as follows: C. Urban Commercial. District. This District is intended to accommodate almost all new commercial zoning; a variety of residential uses, including higher densities for properties not located within the Urban Coastal Fringe or Urban Residential Fringe Subdistricts; and a variety of non-residential uses. H:\2018\2018009\WP\GMPA\2nd Resubmittal\Exhibit A Proposed GMPA Language(Revised 6-21-2018).docx 14. Seed to Table Commercial Subdistrict The Seed to Table Commercial Subdistrict consists of+/- 6.33 acres and is located on the west side of Livingston Road, just north of the terminus of Piper Boulevard. The purpose of this subdistrict is to allow for the development of a parking lot and Collier County utility facilities and services. Development in this Subdistrict shall be subject to the following: a. Allowable uses are limited to: parking lot; Collier County utility facilities and services. b. The parking lot is only to be used by employees of the commercial development located immediately east across Livingston Road (Carlton Lakes PUD, Planned Unit Development, commercial tract) and by patrons of the Collier Area Transit (CAT) Park and Ride Program. c. No LDC-required parking shall be allowed for the commercial development immediately east across Livingston Road or any other off-site use. d. Use of the parking lot by any person or entity for truck unloading or parking, deliveries, offsite storage, or overnight parking is prohibited. e. The Subdistrict site shall be rezoned to PUD. f. The implementing PUD shall include: 1. Provisions of ingress and egress to accommodate CAT buses; 2. Provisions for pedestrian access to the existing cross-walk at the intersection of Immokalee Road and Livingston Road; 3. Design measures to discourage pedestrians from crossing Livingston Road other than at the designated crosswalk located at Livingston Road and Immokalee Road; 4. Provisions for adequate buffering and screening around the parking lot and along Livingston Road. H:\2018\2018009\WP\GMPA\2nd Resubmittal\Exhibit A Proposed GMPA Language(Revised 6-21-2018).docx Amend the FLUE FUTURE MAP SERIES,Page 145, as follows: FUTURE LAND USE MAP SERIES Future Land Use Map Activity Center Index Map Mixed Use & Interchange Activity Center Maps Properties Consistent by Policy (5.11, 5.12, 5.13, 5.14) Maps Collier County Wetlands Map Collier County Wellhead Protection Areas and Proposed Wellfields and ASRs Map Future Land Use Map Rivers and Floodplains Future Land Use Map Estuarine Bays Future Land Use Map Soils Existing Commercial Mineral Extraction Sites Map Bayshore/Gateway Triangle Redevelopment Overlay Map Stewardship Overlay Map (VII) Rural Lands Study Area Natural Resource Index Maps North Belle Meade Overlay Map North Belle Meade Overlay Map Section 24 Existing Schools and Ancillary Facilities Map Future Schools and Ancillary Facilities Map Plantation Island Urban Area Map (XIII) Copeland Urban Area Map Railhead Scrub Preserve—Conservation Designation Map Lely Mitigation Park—Conservation Designation Map Margood Park Conservation Designation Map Urban Rural Fringe Transition Zone Overlay Map Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map Goodlette/Pine Ridge Commercial Infill Subdistrict Map Henderson Creek Mixed-Use Subdistrict Map Buckley Mixed-Use Subdistrict Map (VI) Livingston/Pine Ridge Commercial Infill Subdistrict Map Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map Livingston Road/Eatonwood Lane Commercial Infill Subdistrict Map Livingston Road Commercial Infill Subdistrict Map Orange Blossom/Airport Crossroads Commercial Subdistrict Livingston Road/Veteran's Memorial Boulevard Commercial Infill Subdistrict Map Corkscrew Island Neighborhood Commercial Subdistrict Map Collier Boulevard Community Facility Subdistrict Map Coastal High Hazard Area Map Coastal High Hazard Area Comparison Map Gordon River Greenway Conservation Area Designation Map Hibiscus Residential Infill Subdistrict Map Vincentian Mixed Use Subdistrict Map Davis—Radio Commercial Subdistrict Map Logan Boulevard/Immokalee Road Commercial Infill Subdistrict Map Seed to Table Commercial Subdistrict Map H:\2018\2018009\WP\GMPA\2nd Resubmittal\Exhibit A Proposed GMPA Language(Revised 6-21-2018).docx 6..J /,, \'‘, \ r /c__\ _ ..., ....,z _._.-----2 Cel o La P Z ce 5 ° x ott o n w ��Jo Ow Z J w �WZ m Jh1 r2 r=1 tj - 0J "' '' -� §-2 C7 `i C, 1 LIVINGSTON ROAD R.O.W. z LLL \ „, \ \\\ \r? 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' ■ \ 1 STATE OF FLORIDA I �a� NIS v �stmt," LEE 'tiro ��1► >-� I COLLIER I A A C N•17): COON"fY111) I � ~�""h • iR!� >i` ten,as 11 'MdeMon RMer. ilii%' ►r' ` 1% %.„al ime WrloR i� e„,i. } � � ill IIIM Wanda. 11 177Q wYwnt N S I 44111 _ a P-OJECT LOCATION • \ o f 2 g 1 --, ---i ool ix r , i � /./ mom r IP iihIL I i• 1 X11_ /■� = Lill .1 ■ `, is I MMOKALEE RD it P r+ v` ma 5 1114116i''' z� �1 111 1. ca Ell ‘1 411 h Ca Ct Ok a r__, a d 4 P - .. ;pm MI W fli ■ 1&:.D.D .,,-, 0 • ION lb - . A a NB Leie ■ —, i , ,-, ----1%*4 arei=EACH r ---..... DRAWN BY: DATE: CATEGORY 1�0((, PAGE SWS I/1201 LOCATION Seed to Table Commercial Subdistrict ` — 1 S/T/R COUNTY Location Map ERYitswii W1teA�tWi_�y. EXHIBIT 24/48S/25E COLLIER wn +•Co.n.T.. .e. ,rw. ettd3919 C-1 (2]9)34.679 efYl M11•4.wuMn.TWot•.n4lnn 411 ,, / Not, ,... daitn-; : . / 1 I c (0.50 Ac.±)� r r err _ i . Scale:1"=200' a } - ra` iiii-1 ,te r - . • 832 \ r ''''' - '777 --, ' A -i'' , El 1 ! r ,.„, . ., A . , ,RA —, 41/tj i*T*4' '' it"' s4 Lai si, 4..,,,„,-, , .4 . . / (2.81 Ac.±) *Av. r 1 832 r i s (0.69 Ac.±) t NNN. .... / l'.. it: f `fi P y� ,. illiir r, 4,-,41,> .'t' t 8146 .i,v.'. ., f`.:'" ; 411 ,-, A - ,, , 83 r (1.03 Ac._ F f^ "� t 0.25 ' ) +)740 E p 't' 1 (0.13 Ac. e ■ am FLUCFCS Legend '• t $ta,> _- . . — ''' FLUCFCS .----x---- -- Code Communi Acres % 411 PineFlatwoods 1.53 Ac.± 17.94% "-" NOTES. 510 Roadside Swale 039Ac.± 4.57% 740 Disturbed Lands 0.13 Ac.-± 1.52% '. FLUCFCS lines estimated from 1"=200'aerial photographs and )" •b 4 & 743 Spoil Area(Large limestone Rocks) 0.74 Ac.± 8.68% '1R locations approximated. ;* A _ FLUCFCS per Florida land Use, 9 800 Livingston Rd Right-of-Way 1.06 Ac± 12.43% a-it is i --- Cover and Forms Classification 8146 Primitive Road and Trails 0.93 Ac.± 10.90% ^' System(FLUCFCS)(FOOT 1999). Legend 832 Electrical Transmission Lines 3.75 Ac.± 43.96% Aerial photographs were acquired Other Surface 'EL211M through Collier County Property Waters(0.39±Ac) TOTAL 833 Ac.± 100.00% Appraiser's office with a flight ® _ K ! 11111 date of January,2016. Drawn By: Date: Category ,300r' Page BWS 1/12/17 FLUCFCS Seed to Table Commercial Subdistrict 2 OF 5 Job Number Scale: _ 1"=200' Z 1� a yi r:11 S,r/9 County Aerial FLUCFCS Map '= 14p,NKC, ,tON ti Exhibit 24/48S/25E Collier irt9a,ocessece;,K.:';,=.1. FLuuxsu C—i N . IP / 411 (0.50 Ac.±) Scale:l"=200' 832 4 (2.81 Ac.±) r 832 (0.69 Ac.±) 800 (1.06 Ac.±) 510 (0.39 Ac.±) 743 (0.74 Ac.±) 8146 (0.93 Ac.±) 832 411 (0.25 Ac.±) (1.03 Ac.±)740 (0.13 Ac.±) *t4iYigs i,., --;srV ."a."AY'.mFaYcg.,,s, "' Mgrs t:.....`.ta"`.F'*.iieWat`'2t"'3. .-Yg.. FLU CFCS Code Community Acres % 411 Pine flatwoods 1.53 AC.± 17.94% 510 Roads i de Swal e 0.39Ac.± 4.57% 740 Disturbed Lands 0.13 Ac.± 1.52% 743 Spoil Area(Large Limestone Rocks) 0.74 Ac.± 8.68% NOTES: 800 Livingston Rd Right-of-Way 1.06 Ac.± 12.43% FLUCFCS lines estimated from 8146 PrimitiVe Road and Trails 0.93 Ac.± 10.90% 1"=200'aerial photographs and Legend locations approximated. 832 Electrical Transmission lines 3.75Ac.± 43.96% FLUCFCS per Florida , Landse U Other Surface Cover and Farms Claland Use, ssifi Waters(0.39*AO TOTAL 8.53 Ae3 100.00% System(FLUCFCS)(FOOT 1999). Drawn By: Date: Category 000r' Page BWS 1/12/17 FLUCFCS Seed to Table Commercial Subdistrict 0„..„-----: 3 OF 5 lob Number Scale: 1"=200' ' r -J Exhibit SNP County FLUCFCS Map eivaaaonumx_ 24/48S[25E Collier ,i3.i' va" Myers, C_' die Si 111 Scale:1"=200' 11 14 • Soil No Description Hydric 11 Hallandale Fine Sand N 14 Pineda Fine Sand;Limestone Substratum Y NOTES: Soils were acquired from the FOOL and are from the NRCS Soils Maps. Drawn By: Date: Category 000r) Page BWS 1/12/17 Soils Seed to Table Commercial Subdistrict 4 OF 5 Job Number Scale: 1"=200' Exhibit stria County Soils Map 24/48S/25E Collier lanominEtanaw.Eut,Fat Mypq FLani9 -I __, naWsanans ewp.mwmcauuM.ftr 11..m 44i I ' ' Vi. 77. 41 '111 , Lir- ' C4 r• '411;1-0 0 I1III1 -- • TiIAi T ( 4 F I 1 4311 i 1 1' .4rr` .lt :' ' (�.50I c.±Q 1 ? , scale's,_,o:, ' 1 82 •1 1 (12.81 Ac.f-) r i ., , . , -*IF, 04 1 1 1 1 I F r t1 . I/ I 832 I I I • • f (0.69 Ac.±) I I 1 1 . _I, ilowilr F • *� FI 1 y'4ttz 1 Iv * : - A Iki .r'' '' I i 141110/��f�{�.\`c i }e a 8146 ,` 1-4--...4. I I i (0.93 Ac.±) 1 , "' 1 1 t F . , �` 1 1 1 1 " ' L r I1 is 1'>�� 7 ., fie. awn r J RF.w y t. 411 t J� , 83 0.25 , .t) (1.03 Ac.±)740 '} t < (0.13 Ac. '° a ■ FLUCFCS LegendSSA I �> '''''''43 FLUCFCS Code Community Acres % 411 Pine Flatwoods 1.53 Ac.± 17.94% 510 Roadside Swale 0.39 Ac.± 457% NOTES: ,n----- 740 Disturbed.Lands 0.13 AC.± 1.52% FLUCFCS Ines ephotographsa Legend 1^=2oa aerial photographs and Other Surface `•' 743 Spoil Area(targeLimestoneRocks) 0.74 Ac.± 8.68% : locations approximated. ® Waters(D.39±Ac) 800 Livingston Rd Right-of-Way 1.06 Ac.± 12.43% Florida Land Use, CoverFLUCFCS andper Forms Classification • Gopher Tortoise Burrow r 8146 Primitive Road and Trails 0.93 Ac+ 10.90% •• System(FLUCFCS)(FOOT 1999). Locations(3) Ikt 832 Electrical Transmission Unes 3.75 Ac± 43.96% -` Aerial photographs were acquired A / Protected Species Survey TOTAL 8.53 Ac.± Apprais 100.00% collier County Property / V Transects r Appraiser's office with a flight I 117T1 MU date ofJanmry,2016. Drawn By: Date: Category 000E, Page BWS 1/12/17 PSSSeed to Table Commercial Subdistrict ''� 5 OF 5 Job Number Scale: f�_ /on` -- 1"-200' '= r Aerial PSS Map S/h R County ;wra Exhibit C—I 3599 covinpan Circle Fast,Fort Wm.FL 33919 24 48S/25E Collier z39 99aarr eee„ .enemnWm,m.n,om SEED TO TABLE COMMERCIAL SUBDISTRICT EXHIBIT C-2 HISTORICAL & ARCHAEOLOGICAL DATA Cultural Resource Search 50 Foot Buffer Collier County 'K+rlland4Diii$ • I {, — i ), 10.441° . I Mentor*Dr i :7,,,,,gf? i, 04 '*tie , rJs! ..— - ar� `. a r ,tMi z" 1t am rp r. . i z 4.444 s it., JohnnyCakDr raj � v ..., , �WrUo 9r r'Dr � 3 }} , . - Pa etlo R,U !' ,c` 't42 " ' , �` sit. 1 ,, 4 o 14. o' . SiV r O - — - . lit .2- 4l! x 0eerr,etd Way j Pipp"e�l3lvd�� ,� _ r ::.. . -• �' -1.4.1..t�', mmokaIee -:�+ ' 5�...- - t • ..^'a 1 >A + rig `.`. Cougar Ct'N i . t t 1 y filidi t,iiravi �� v '. i� �t _ � f rn Courtll'n 1 I • . I ' � , . 1 ‘ ! $1 1 • .-44,1 't p_ s . �;. 1 , fir. m•-' :> • ty o ,r Legend °'9 Cougar `ct'S Seed-to-Table Historical rte-= HistoricalBridges e Cemeteries ;., Florida i z N ;, w Structures f Resource do . p, agct ;i-cubed ' `, Groups I. O o o "sip Corn r butors, g Ill, Florida Sites =.rt Ire e.rap , NE r -0 o ,, -nd the r`Isiter( ruirnum y A _ ,_. 0 0.03 0.06 0.12 0.18 0.24 1 OF 1 EXHIBIT C-2 Miles January 2018 This record search is for informational purposes only and does NOT constitute a �Tpp project review. This search only identifies resources recorded at the Florida Master Site File and does NOT provide project approval from the Division of Historical Resources. Contact the Compliance and Review Section of the Division of Historical Resources at 850-245-6333 for project review information. January 25,2018 Florida Master Barrett Stejskal !% File Situ BearPaws Environmental Consulting 1599 Covington Circle East Fort Myers,FL 33919 Phone: 239.340.0678 Email:bearpaws.env.consulting@gmail.com In response to your inquiry of January 25,2018,the Florida Master Site File lists no previously recorded cultural resources found in the following corridor of Collier County: T 48S R 25E S24 within the area outlined on the corresponding map. When interpreting the results of our 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. • Because vandalism and looting are common at Florida sites,we ask that you limit the distribution of location information on archaeological sites. • While many of our records document historically significant resources,the documentation of a resource at the Florida Master Site File does not necessarily mean the resource is historically significant. • 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, Cody VanderPloeg Archaeological Data Analyst Florida Master Site File Cody.VanderPloeg@dos.myflorida.com 500 South Bronough Street • Tallahassee,FL 32399-0250 • www.flheritage.com/preservation/sitefile 850.245.6440 ph I 850.245.6439 fax I SiteFile@dos.state.fl.us JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES { I 1 TRAFFIC IMPACT STATEMENT For Seed To Table (Livingston Road & Immokalee Road, Collier County, Florida) February 19,2018 Digitally County TIS Review Fees TIS Methodology Review Fee =$500.00 Ja m e signed by TIS(Major Study)Review Fee =$1,500.00 James M. Banks Prepared by: S M • Date: JMB TRANSPORTATION ENGINEERING, INC. (� 471 1 7TH AVENUE SW 201 8.02.1 9 NAPLES, FLORIDA 34119 a n s 12:58:14 CERTIFICATE OF AUTHORIZATION No. 27830 -05'00' (PROJECT No. 1 80 1 1 4) `�,��1Hnml►/i/pi �pMES/if''%, �,- - L. 9 ' • 0 51 38 N m 07.41.r so l •ZoIg JAM . afit �° FLO' DA REGf�i .' Q-``� '1,,„'14 ENO*”� EXHIBIT "D" TABLE OF CONTENTS Conclusions 2 Purpose of Report 3 Study Methodology 3 Scope of Project 3 Table A-Original Land Uses vs.Current&Proposed Land Uses 4 Figure 1-Location&Roadway Classification 4.1 Site Plan 4.2 Off-Site Parking Area Plan 4.3 Project Generated Traffic 5 Table B-Site-Generated Trips-Peak Hour Conditions 5 Table C-Off-Site Parking Area Trips 5 Table D-Dunkin Donuts New Trips 6 Table 1-Trip Generation Computations 6.1 Existing+Committed Road Network 7 Project Generated Traffic Distribution 7 Area of Significant Impact 7 Figure 2A-Project Traffic Distribution 7.1 Table 2A-Area of Impact/Road Classification 7.2 Figure 2B-Project Traffic Assignment(Peak Hour) 7.3 Figure 2C-Project Traffic Assignment(Off-Site Parking) 7.4 2017 thru 2018 Project Build-out Traffic Conditions 8 Table 2B-2017&2018 Link Volumes 9.1 Table 2C-2018 Link Volumes/Capacity Analysis 9.2 Appendix 10 1 Conclusions Off-site Impacts Based upon the findings of this report,it was determined that Seed To Table will not have a significant or negative impact upon the surrounding road network.It was verified that all roadways,within the project's area of influence,currently have a surplus of capacity and can accommodate the traffic associated with the proposed grocery store. As determined,the road network will continue to operate at acceptable levels of service for the foreseeable future and the project will not create any off-site transportation deficiencies that need to be mitigated. The property was originally developed as an Albertsons Grocery Store and a gas-n- convenience store having 16 fueling positions. The gas-n-convenience store was repurposed as a Dunkin Donuts which generates less trips;and it is being proposed to occupy the abandoned Albertsons store with the same land use. It was determined that the net result of the project will be fewer site-generated trips than were previously generated by Albertsons and the gas-n-convenience store. Site-Access Impacts Site Access @ Immokalee Road The site's access on Immokalee Road was previously constructed as a right-in/out driveway,which required that a right ingress turn lane be provided_ The right turn lane was designed and constructed pursuant to the minimum standards set forth by Collier County.As such,no further improvements to the site access are needed. Off-Site Parking Area Access @ Livingston Road The proposed off-site employee parking area(located on the NW corner of Livingston Road&Immokalee Road)will have one(1)right-in/out access on Livingston Road.A right ingress turn lane will be required to be designed and constructed pursuant to the minimum standards set forth by Collier County. Livingston Road has a posted speed limit of 45 MPH which will require that the taper+deceleration lane be at a minimum length of 240'.The right turn lane is a free-flow condition,so no queue storage is necessary. Off-Site Parking Area Access via Piper Road The proposed off-site employee parking area will interconnect with the eastern terminus of Piper Road,which provides signalized access to Immokalee Road via Lakeland Avenue. It was determined that the parking area will have a relatively low traffic demand on Piper Road,as well as the signalized intersection of Lakeland Avenue &Immokalee Road. Site Access @ Livingston Road The site's access on Livingston Road was previously constructed as a right-in/out driveway,which required that a right ingress turn lane be provided. The right turn lane was designed and constructed pursuant to the minimum standards set forth by Collier County.As such,no further improvements to the site access are needed. 2 Site Access @ Livingston Road The site's access on Livingston Road was previously constructed as a right-in/out driveway,which required that a rift ingress turn lane be provided. The right turn lane was designed and constructed pursuant to the minimum standards set forth by Collier County.As such,no further improvements to the site access are needed. Carlton Lakes Boulevard @ Livingston Road The intersection of Carlton Lakes Boulevard and Livingston Road was previously constructed as a left-in and right-in/out median opening that provides access to both the commercial and residential land uses adjacent to Carlton Lakes Boulevard. A left ingress turn lane and a right ingress turn lane were designed and constructed based upon build- out of the commercial and residential land uses and pursuant to the minimum standards set forth by Collier County.As such,no further improvements to the site access are needed. Purpose of Report This report was prepared pursuant to the criteria set forth by the Traffic Impact Statement Guidelines for site development plan approval(SDP)as set forth by the Collier County Government.More specifically,the study examines the potential transportation related impacts that may occur as a result of the Seed To Table grocery store and its off-site employee parking area and a public CAT park-n-ride. Study Methodology Prior to preparing the Traffic Impact Statement,the methodology for the study was established with Collier County's Transportation Planning Department between the applicant's representative(James M.Banks)and Collier County Government's representative(Mr. Steven Baluch). Scope of Project Seed To Table is a grocery store that will occupy a previously constructed commercial structure(currently vacant),which is located on the northeast corner of Livingston Road and Immokalee Road,within Collier County,Florida. The site was originally developed (SDP-00-107)as an Albertson grocery store having one outparcel that was developed as a gas-n-convenience store with sixteen(16)fueling positions. The gas-n-convenience store was later repurposed as a Dimkin Donuts.The site has one(1)right-in/out access on Livingston Road,one(1)right-in/out access Immokalee Road and one(1)full access onto Carleton Lakes Boulevard.Carleton Lakes Boulevard is contiguous to the site's northern boundary.The project has access to Livingston Road via Carleton Lakes Boulevard,which is a southbound directional left-in and right-in/out median opening. In addition,it is being proposed to construct an off-site"employee only"parking area with a small CAT Park-n-Ride area.The off-site parking will be located on the northwest corner of Livingston Road&Immokalee Road.Employees using the off-site parking area 3 will be those that arrive/depart on a shift rotation(i.e.,7 AM and 3 PM shift rotations). In order to avoid potential auto/pedestrian conflicts,employees will be prohibited from walking between the grocery store and off-site parking lot.A shuffle bus and call station will be used for transporting employees between the off-site parking area and grocery store. Table A Original Land Uses vs.Current&Proposed Land Uses Original Land Use Current or Proposed Land Use Principal Use Albertson Seed To Table (61,286 s f) (Proposed 60,497 sj) Ontparcel Gas-n-Convenience Dunkin Donuts w/16 Fuel Positions (Existing since 2014) Off-Site Parking None Employee Parking(237 Spaces) CAT Park-n-Ride(10 Spaces) r\ 4 1 \ ___ �+ gI N liC n I NORTH Veterans Mem. Blvd I I N.T.S. I I 1 Learning Lane k \`Ds }avina Way m Entrada Ave ` II I Carlton Lakes Blvd O I 0 O O I o Immokalee Rd 1 _ 11111 _ _ v ' > Autumn Oaks Lane u ‘i oo m >•\ . Hidden Oaks Lane I 0 m C a I i 0 Spanish Oaks Lane v I a g Golden Oaks Lane o A \ v m 1 N o ;Icti.al LEGENDN ` mm..mm. .m.,m2 6—LANE ARTERIAL4—LANE ARTERIAL/COLLECTOR 2—L/N7E ARTERIAL nII2—LANE COLLECTOR/LOCAL ROAD — • • — 111. RAIL44410,. Vanderbilt Beach Rd I II JMB TRANSPORTATION ENGINEERING, INC. 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B 7 Y I • ' j : ; I Ila r4 I— ' g'l 1i ir' p I ' q IN 1:',1 11 ! _- I , I r:, Iib Irx t - g I 1 Yid 1r , . c.�.:3 c_-xI I I Z I ,I '+}., I ' ip I t I 1- < I 1 ri' ij t1 ' 1 I I=i Lv~i 1 I +r 111+� ;—,I i I ' I, ' ; P 21 l t I. 1 i 1:, IIff r PIPER BOIILEVAtRD t: rn ',,,a';:.. -.�,. _IL_ 4. s a Project Generated Traffic Seed To Table,Off-site Parking Area&CAT Park n Ride Traffic that can be expected to be generated by the Seed To Table grocery store was estimated based upon the guidelines established by the Institute of Transportation Engineers,Trip Generation Manual, 10th Edition.That is,historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that land use code"Supermarket"(LUC 850)was most appropriate in estimating the proposed use trips.In addition, Collier County staff requested that the trips associated with the off-site employee parking area and CAT Park-n-Ride be estimated.As previously mentioned,the off-site parking area is to accommodate employees arriving and departing on a shift rotation(i.e.,7 AM and 3 PM shift rotations),which occurs during off-peak hour conditions. As determined, Seed To Table will generate"net new" 154 vph and 403 vph trips during the AM and PM peak hours,respectively.Table lA depicts the computations performed in determining the total new trips. Also,shown on Table lA is the off-site parking area trip estimates. The off-site parking is estimated to generate no more than 150 entering/2l exiting trips during the off-peak AM period and no more than 17 entering/95 exiting trips during the off-peak PM period. Table B provides a summary of the trip generation computation results that are shown in Table 1. Table B Site-Generated Trips-Peak Hour Conditions (Summation of Table 1) Daily Weekday AM Peak Hour PM Peak Hour New Trips Generated New Trips Generated New Trips Generated (ADT) (vph) (vph) 4,081 154 403 Table C Off-Site Parking Area Trips(Off-Peak Hour) Daily Weekday AM Non Peak Hour PM Non-Peak Hour New Trips Generated NewTnps Generated New Trips Generated (ADT) (vph) (vph) N/A 171 112 5 The report concludes that Seed To Table will generate more than 100 net new trip ends during the weekday highest peak hour.As such,the report investigates the traffic impacts associated with the project based upon the criteria set forth by the Collier County Government's Traffic Impact Statement Guidelines for developments generating"more than 100 trips",which is defined as a major study. Dunkin Donuts It was previously determined that Dunkin Donuts will generate fewer trips than the gas-n- convenience store, as follows: In order to determine the project's net new traffic, the estimated trips for the existing gas-n-convenience store were subtracted from the estimated trips associated with the Dunkin Donut. That is, Proposed Development Trips less Existing Development Trips =Net New Trips Table 1 (see excerpt from the Dunkin Donuts TIS in the appendix)provides a detail of the estimated total trips less existing trips. The net new trips were then adjusted to reflect a pass-by rate of 49%, but no greater than 10%of the adjacent street traffic. The following is a summary of the results. Table D Dunkin Donuts New Trips (Dunkin Donuts Trips Less Gas n C-store Trips) Daily AM Peak Hour PM Peak Hour (ADT) (vph) (vph) Dunkin Donuts Trips 1,678 227 88 Gas-n-C Store Trips 2,463 161 197 Net New`Crips+Pass-by -785 66 - 109 Net New Trips -44)0 34 -56 6 TABLE 1 TRIP GENERATION COMPUTATIONS Seed to Table - Grocery Store Land Use Code Land Use Description Build Schedule 850 Supermarket 60,497 s.f. Land Use Trip Generation Equation Code Trip Period (Based upon S.F.) Total Trips Trips Enter/Exit LUC 850 Daily Traffic(ADT)= T=66.95(X)+1,391.56= 5,442 ADT AM Peak Hour(vph)= T=3.40(X)= 206 vph 128 /78 vph 62%Enter/38%Exit= PM Peak Hour(vph)= Ln(T)=0.74Ln(X)+3.25= 537 vph 274 / 263 vph 51%Enter/49%Exit= Pass-by Trips per ITE=36% 25% Pass-by Rate New Daily Traffic(ADT)= (ADT)x(%of New Trips) 4,081 ADT /-� New AM Peak Hour(vph)= (AM)x(%of New Trips) 154 vph 96 / 59 vph 62%Enter/38%Exit= New PM Peak Hour(vph)= (PM)x(%of New Trips) 403 vph 205 / 197 vph 51%Enter/49%Exit= Off-Site Employee Parking Area Time Period (Shift Rotation) No.of Emplyees/Shift Trips Generated 6:15 to 7:15 AM 120 Employees 120 Enter/0 Exit Employee Shuttle 20 Enter/20 Exit CAT Park n Ride 10 Enter/1 Exit Total= 150 Enter/21 Exit 12:00 to 1:00 PM 60 Employees 10 Enter/50 Exit Employee Shuttle 12 Enter/12 Exit Total= 22 Enter/62 Exit 2:45 to 3:15 PM 70 employees 1 Enter/70 Exit 15 enter/15 Exit CAT Park n Ride 1 Enter/10 Exit Total= 17 Enter/95 Exit C. I Existing+Committed Road Network Table 2A describes the E+C road network.As shown,there are no significant 5-year committed roadway improvements within the project's area of impact. The two principal arterials that will provide immediate access to the site are Immokalee Road and Livingston Road. Livingston Road is classified as a six-lane divided arterial.The road functions as a primary north/south arterial that extends between its southern terminus at its intersection with Radio Road to its northern continuation as Imperial Parkway at the Collier/Lee County line. Within proximity of the site,the posted speed limit of is 45 MPH. Immokalee Road is classified as a six-lane divided arterial. The road functions as a primary east/west interconnect between the northern Golden Gate Estates Area and northwest Collier County,as well as continues north/south to the Immokalee Community and interconnects with S.R. 29.Within proximity of the site,the posted speed limit of Tmmokalee Road is 45 MPH. Carlton Lakes Boulevard is a two-lane local road. Livingston Road @ Immokalee Road is a four-way intersection and is controlled by a traffic signal. Table 2A provides a detail of the surrounding E+C road network and their respective minimum level of service performance standards and capacity. Project Generated Traffic Distribution The project's net new traffic was distributed to the surrounding road network based upon logical means of ingress/egress,current and future traffic patterns in the area, demographics,competing markets, as well as growth trends for the surrounding areas. Table 2A and Figure 2A provide a detail of the traffic distributions based on a percentage basis and depicts the expected net new AM and PM traffic distributions for peak hour peak direction and non-peak direction. Figure 2B and Figure 2C depict the site-generated turning movements at the project's access on Livingston Road and Immokalee Road for the AM&PM peak hour and"shift- rotation"peak hour conditions,respectively. Area of Significant Impact The area of significant impact was determined based upon Collier County's 2%,2%and 3%criteria(i.e.,if the project's traffic is 2%or more of a roadway's adopted level of service capacity,then the project has a significant impact upon that link). Table 2A describes the project traffic distributions and the level of impact on the surrounding roadways_As shown,there were no roadways that were found to be impacted by 2%or 7 I II el NORTH MIS Veterans Mem. Blvd 1 Learning Lane Ravina Way Entrada Ave 1 I Carlton Lakes Blvd 0 0 1 o O d N ' I NCI, 15%G Immokalee Rd Zi--5'► 4 25%�. 2� 0% NI 1 a v I OAutumn Oaks Lane N m O I o Hidden Oaks Lane m I 1 Spanish Oaks Lane F v .. P Golden Oaks Lane -oo oo I m I o 0 a I \ ..i.: y C c > a_ 1 ftaiii. Vanderbilt Beach Rd LEGEND 6� 5%i Project Traffic Distribution by Percentage ' MB TRANSPORTATION ENGINEERING, !NO. Seed To Table Project Generated Traffic Distribution FIGURE 2A February 18, 2018 . J. 1 4, C sa III' 0 00000 0000 C , Z Z Z Z Z Z Z Z Z z t— Cn i Cit o O O O O O O O 0 D O• � N- 0NC000co t— NCOM d d' 13) C cr. MMCOM a 0• •Oc-• � r- V- •V- -• 00 V 0 Q' N NNNNM NNNN E 0 V) 4'• Y 0 a d W.E. O of co W W Z !n co t!) a Z L_ w ❑ _ L d Y t 0 O Q) 0) 0) 0) 0) 0) 0 0 d a a 0r- 00 0) C4) MMNr- C 0 z 4-. ✓ L L_ 0 S 0 aaaZ LU U.1 n cZZZ I"' U1...) L L 13 _ ❑ a 0YY _ o MNOLO , - - NC 2 0 > LI- O 0 0 o 0 0 0 o c o 0 0 0 Q i La � In LO CD NCOV o � < W aro ,— N W m C E ° 0 0 0 0 0 0 0 0 0 0 —I (/l 0 0 00000 0000 CO O L 3 C N T T Up 10 N O r- r- r Q ~ O Y > > N M co co co co co M co co I-- W J a i O I •Y • OI❑ WWWWW CWWLL] 1 reIL a 0 1n 1 I m 0 0 ❑ ❑ ❑ c0CD ❑ '� ❑ ❑ ❑ r e 0 — vr c0 CO p p VD CO m CO CD w w O C) Y N e- o- N v io O O N o o r _a 13 rn 11 0 Q c to a) m o 11 t C • n 'O aE o iii 11 a3 > O C O o cJ o m V o v a a c0 -0 = O n _ t m m ...,_ o C 0 Y N 'C to _O .m IO Y 0 d' 0 13 :o p E S a c to m o_ E o c • Y E C9 ¢ � if E E > a` ES m xa tIJ 0 0 0 1 'El A '3 m C F- t- a 0 I m ami o E C a a • $. .' E N ,-- N •- N 0 0 0 0 0 d- d' v v rt to to 10 in 1.2. V 2 a m coCO NORTH 2 Q N.TS. a rn M d Q 2 AM 24 PM 32 Carlton Lakes Blvd AM 49 PM 64 a,p Seed To Table Traffic AM = 128 enter / 78 exit lL AM 87 : PM 138 PM = 274 enter / 263 exit Dunkin Donuts Traffic PM = enter116 / exit 44 PM = 44 enterer / 44 4 exit exit co M rn a a a m I. Tr co 4 AM 48 PM 77 AM 39 PM 61 Immokalee Rd F - tAM 61 : PM 80 AM48 : PM77-► � t AM 48 : PM 77 _J Tr co 2 a rn t 2 LEGEND 4-AM 28 : PM 58 Seed To Table & Dunkin Donuts Traffic AM Peak Hour : PM Peak Hour JMB TRANSPORTATION ENGINEERING, INC. Seed To Table Project Generated Traffic Assignment FIGURE 2B February 18, 2018 1.3 greater than its adopted level of service.As such, only Immokalee Road and Livingston Road were considered to be impacted by the project. 2017 thru 2018 Project Build-out Traffic Conditions In order to establish 2017 thru 2018 project build-out traffic conditions,two forecasting methods were used. The first traffic forecasting method was the County's traffic count data was adjusted for peak season conditions,peak hour conditions,peak direction, and an annual growth rate was then applied. The peak season/peak hour/peak direction factor as shown on Table 2B was derived from the 2017 Collier County AUR Reports.The annual growth rate was also obtained from the 2017 AUIR Report.Using the annual growth rate,the 2018 background traffic conditions were determined,which are depicted in Table 2B. The second traffic forecasting method was to add the vested trips (trip bank)identified in the 2017 AUIR report to the adjusted peak season,peak hour and peak direction traffic counts.The 2018 vested trips "+"background traffic volumes are depicted in Table 2B. The greater of the two values produced by the two forecasting procedures was then considered to reflect the 2018 background traffic. The net new project generated traffic was then added to the background traffic.Table 2C provides a summary of the 2017 thru 2018 traffic conditions and the roadways'level of service and remaining available capacity.As shown,all project impacted roadways will continue to operate at the County's adopted minimum level of service thresholds at project build-out. Site-Access Impacts Site Access @ Immokalee Road The site's access on Immokalee Road was previously constructed as a right-in/out driveway,which required that a right ingress turn lane be provided. The right turn lane was designed and constructed pursuant to the minimum standards set forth by Collier County.As such,no further improvements to the site access are needed. Off-Site Parking Area Access @ Livingston Road The proposed off-site employee parking area(located on the NW corner of Livingston Road&Immokalee Road)will have one(1)right-in/out access on Livingston Road.A right ingress turn lane will be required to be designed and constructed pursuant to the minimum standards set forth by Collier County.Livingston Road has a posted speed limit of 45 MPH which will require that the taper+deceleration lane be at a minimum length of 240'.The right turn lane is a free-flow condition,so no queue storage is necessary. Off-Site Parking Area Access via Piper Road The proposed off-site employee parking area will interconnect with the eastern terminus of Piper Road,which provides signalized access to Immokalee Road via Lakeland Avenue.It was determined that the parking area will have a relatively low traffic demand 8 on Piper Road,as well as the signalized intersection of Lakeland Avenue&Immokalee Road. Site Access @ Livingston Road The site's access on Livingston Road was previously constructed as a right-in/out driveway,which required that a right ingress turn lane be provided. The right turn lane was designed and constructed pursuant to the minimum standards set forth by Collier County.As such,no further improvements to the site access are needed. Site Access @ Livingston Road The site's access on Livingston Road was previously constructed as a right-in/out driveway,which required that a right ingress turn lane be provided. The right turn lane was designed and constructed pursuant to the minimum standards set forth by Collier County.As such,no further improvements to the site access are needed. Carleton Lakes Boulevard @ Livingston Road The intersection of Carleton Lakes Boulevard and Livingston Road was previously constructed as a left-in and right-in/out median opening that provides access to both the commercial and residential land uses adjacent to Carleton Lakes Boulevard.A left ingress turn lane and a right ingress turn lane were designed and constructed based upon build-out of the commercial and residential land uses and pursuant to the minimum standards set forth by Collier County.As such,no further improvements to the site access are needed. 9 Q ® ■ § § = 7 / 0 § / 0) k .- 1.0 § CO CO 13 Q . o « / / CV _ .,— GU � Se 0� a.£ / m @m/ ) © co A § o 2 a ° © ¥ ) J \ CO CO 0 7 J f k cn ° ° 2 e Q a CO ° > ~ ~ o a m Y L. 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O U C �� N O 2 co O .. •- 6) O) la CI CO CO W > N 00 p Y J 0 J a a m m a HZ m a oI w z z J / L C a c o c QO S = mm a o w ti N a) N N No ..:1- 01 (0 0 °' 0 a am 0N Cl)'� W ❑ mm CO Ce J 3 0 V"' h O 0 0 0 O O Q = ,-- 01 N N a) a) co °' a C rx Q O 0N C a) = - N '5 r o o E o o a a cc a o r RS C c%) N CC o NY o = E0 Q .- Q J 0 co Ce Ce 0 C 0 To O r £ > _ J (-4 O 'O (CU) 9.2 APPENDIX Miscellaneous Documents 10 JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT For Immokalee Road & Livingston Road - Albertsons Insubstantial Change to SDP-00-107 (Dunkin Donuts -NE Corner of Immokalee Rd @ Livingston Rd) October 4,2012 Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 761 21 ar STREET NW NAPLES, FLORIDA 341 20 (239) 919-2767 CERTIFICATE OF AUTHORIZATION NO. 2783❑ (PROJECT NO. 1 2091 2) JAMES M. BANKS, P.E. DATE FLORIDA REG. NO. 43860 Al TABLE 1 Albertson Insubstantial Change to SDP-00-107 (Proposed Dunkin Donuts) Trip Generation Computations Land Use Code Land Use Code Description Build-out Schedule Existing LUC 945 Gas/Service Station w/Convenience Store = 2,029 s.f. Proposed LUC 937 Coffee/Donut Shop w/Drive-Thru = 2,049 s.f. *********************************************************************** DAILY TRAFFIC(ADT) Proposed(LUC 937) Daily=T=818.58(7 )=818.58(2.05)= 1,678 ADT Existing(LUC 945)Daily=(Peak Hour)/8%=(197)/8% - 2,463 ADT Net Difference= 785 ADT AM PEAK HOUR TRAFFIC(VPH) Proposed(LUC 937)AM Peak Hour=T= 110.75 (X) = 110.75 (2.05) = 227 vph Existing(LUC 945)AM Peak Hour=T=79.3 (X) =79.3 (2.03)= - 161 vph Net Difference= 66 vph 51%Enter/49%Exit= 34/32vph PM PEAK HOUR TRAFFIC (VPH) Proposed(LUC 937)PM Peak Hour=T=42.93 (X) =42.93 (2.05)= 88 vph Existing(LUC 945)PM Peak Hour T=97.08 (X) =97.08 (2.03)= - 197 vph Net Difference= - 109 vph 50%Enter/50%Exit= -55/54vph Net New Trips (Adjusted for Pass-by Capture) *********************************************************************** PASS-BY ADJUSTMENT ITE Pass By Percentage =49 % NEW DAILY TRAFFIC (ADT) Daily Traffic = (-785) * 51% -400 ADT NEW AM PEAK HOUR TRAFFIC(VPH) AM Peak Hour= (66) * 51%= 34 vph 51%Enter/49%Exit= 17/17 vph NEW PM PEAK HOUR TRAFFIC(VPH) PM Peak Hour= (-109)* 51% - 56 vph A2- 31xOt.. 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VM ma3ra 3H1 iOiMI15Y33H1 iOlWaVd i0 .13n2lnS�avaNno9 ( n o _ �03N031O 530NN3fONNNVId J`jN`{l'1115`NoJ ,.VM .,MNw ,,,,,,,p '"-11 T01"3WN0�AN3 �NI2133NIJN3 ONR133NION31V1ms �, - ,� n+Lle-.1 m.o. •SNI'tl4R101dHlnOSdOS31VIOOSStlXIN30Hd O.133liO-11,45 'Id1Sd00 .... ..,.�.se•u�w u..m... 3119 'x3fD ONM33NI0N3lNO 3 in ft Q!ij{t8 IT!3 r 4 FM OP- i- iW ,48 1041ggtb R as $ • !ew 6 _ w d o y w 4 ag 24 3> i 3 6 8 6 w -6 63 g 1g12, s 5' q� 6 a ^6 3 3a We e€ 11e 1 l Pk -g Kam ilii iiieiE g 14.-30 rg 1 ill a i LJ24LJ all g 01 NI .iii ail ii g/!ht Iill i Io. d o 1Y11.1 Z 21 E LIVINGSTON ROM m E ri ..,-........... .... __..,...._.. .. _ ,_.._..... .. _ I a - ZItp "WP-1!E 5 m,ra.r„vw C p�j 6 0 wry—–---S9--- main —1-137/'"'��p ii ► � Q e34 r/ `E' �O 0 r �� /7(----. p r.\ lal calif E,Fa LIIil l i �R 0 0p11 ply h-g $ 2112 .i € -3 ai ?'c zi !!! e O a COLLIER COUNTY x i z'a tt s � o�nff'i E O ECONOMIC DEVELOPMENT AGREEMENT This Economic Development Agreement (hereinafter referred to as "Agreement") is entered into this day of , 2018, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners (hereinafter referred to as the "County"), and Oakes Farms, Inc., a Florida corporation(hereinafter referred to as"Employer"). RECITALS: WHEREAS, Collier County enjoys broad Home Rule Powers,which include the authority to enter into agreements to enhance economic development within the County; and WHEREAS, Florida Statute Sec. 125.045 expressly provides that"The governing body of a county may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose. The provisions of this chapter which confer powers and duties on the governing body of a county, including any powers not specifically prohibited by law which can be exercised by the governing body of a county,must be liberally construed in order to effectively carry out the purposes of this section;" and further that "it constitutes a public purpose to expend public funds for economic development activities,including,but not limited to,developing or improving local infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real property, and making grants to private enterprises for the expansion of businesses existing in the community or the attraction of new businesses to the community;"and WHEREAS,Employer has purchased a long-vacant commercial building formerly utilized as an Albertson's Supermarket located at 4835 Immokalee Road,Naples, Florida,on the east side of Livingston Road; and WHEREAS, Employer is converting this vacant building into a facility which will be a multipurpose retail food business,as described in the Business Plan attached hereto as Exhibit A; and Page 1 WHEREAS, it is anticipated that Employer will be hiring several hundred workers for this facility; and WHEREAS, there is insufficient parking at the facility to handle the employee parking needs; and WHEREAS, Collier County is the owner of a vacant parcel across the street from the facility, identified as Parcel No. 00162960004 on the Property Appraiser's rolls; and WHEREAS,Collier County acquired the vacant parcel in 1990 for purposes of establishing Livingston Road,with the remainder of the parcel being largely viewed as surplus property; and WHEREAS,Collier County is presently unaware of single inquiry from anyone since 1990 expressing an interest in purchasing or leasing the remainder of the parcel; and WHEREAS, Collier County is willing to lease the remainder of the parcel, located on the west side of Livingston Road, as depicted in Exhibit B, to Employer on the terms and conditions set forth below and in the Lease Agreement attached as Exhibit C, which terms Employer is agreeable to;and WHEREAS,the Board expressly finds that the opening of this facility and development of the project will result in substantial economic benefits to the County, including but not limited to the creation of hundreds of jobs and a net increase to the County's tax base. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration,the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree as follows: 1. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. Employer will conduct itself in a commercially reasonable manner to obtain all development orders, permits, licenses, and otherwise meet all requirements in order to open and operate the contemplated business. 3. Unless extended in writing for good cause by the County Manager, should Employer fail to open the contemplated business by January 1, 2020, this Agreement will be Page 2 brought back to the Board of County Commissioners for review and reconsideration, which may include termination. Upon such termination, neither party will have any further obligation to or claim against the other with respect to any of the matters set forth in this Agreement and the Lease. Legal Matters 5. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. 6. This Agreement constitutes the entire agreement between the parties with respect to the matters set forth herein and supersedes and takes the place of any and all previous representations,undertakings,and agreements between the parties relating to this transaction.This Agreement does not constitute a lien on the property, and cannot be assigned or transferred by Employer without the prior written consent from the County. Nothing contained herein shall be deemed or construed to create between or among any of the parties any joint venture or partnership nor otherwise grant to one another the right, authority or power to bind any other party hereto to any agreement whatsoever. Remainder of Page Left Intentionally Blank Signature Page to Follow Page 3 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Andy Solis, Chairman Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney AS TO OAKES FARMS,INC. Signed, sealed and Delivered in the presence of: By: Signature Print ame -ieture Printed Name STATE OF FLORIDA COUNTY OF COLLIER L-LEE The foregoing Agreement was acknowledged before me this 33(aIbday ofmcaq;(2018, byl- y►j�, ('� S ., who is personally known to me or has produced X1 25 (,...1C!.e-a:6C:, as proof of identity. [NOTARIAL SEAL] L' '�SEAL] ' J Signature of Person Taking Acknowledgment KIM E LATTIMER MY COMMISSION#GO122296 EXPIRES July 08,2021 Page 4 GROUND LEASE BY AND BETWEEN COLLIER COUNTY AND OAKES FARMS, INC. This Long-Term Ground Lease(hereinafter referred to as"Ground Lease")is entered into this 2:,;t1 day of Clkt 012018, by and between Oakes Farms, Inc., a Florida corporation, whose mailing address is 7695 Santa Cruz Court,Naples, FL 34109,hereinafter referred to as"Lessee", and Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail,Naples, Florida 34112,hereinafter referred to as "Lessor,"collectively stated as the"Parties." RECITALS: WHEREAS,Collier County enjoys broad Home Rule Powers,which include the authority to enter into agreements to enhance economic development within the County; and WHEREAS,Florida Statute Sec. 125.045 expressly provides that"The governing body of a county may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose. The provisions of this chapter which confer powers and duties on the governing body of a county, including any powers not specifically prohibited by law which can be exercised by the governing body of a county, must be liberally construed in order to effectively carry out the purposes of this section;" and further that "it constitutes a public purpose to expend public funds for economic development activities, including,but not limited to, developing or improving local infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real property, and making grants to private enterprises for the expansion of businesses existing in the community or the attraction of new businesses to the community;"and WHEREAS,the Parties this date have entered into an Economic Development Agreement. This Lease and the Parties' Economic Development Agreement are meant to constitute the Parties' full agreement with respect to the matters stated therein, and each of these two agreements is dependent upon the other; and WHEREAS, it: is the Board's finding that it is in the public interest to lease this property to Lessee on the terms and conditions set forth below. WITNESSETH: NOW,THEREFORE,in consideration of the terms and conditions contained herein and in the concomitant Economic Development Agreement between the Parties,the Parties hereby agree as follows: Page 1 of 12 1. Conveyance. On the terms and conditions set forth in this Ground Lease, and in consideration of Lessee's performance under this Ground Lease,the Lessor conveys to the Lessee the present possessory interest in the Leased Land described below. 2. Description of Leased Land. The Leased Land which is the subject of this Ground Lease is set forth and identified in Exhibit "A," hereinafter referred to as the "Leased Land or Premises." 3. Conditions to Conveyance. Lessee warrants and represents to Lessor that it has examined the title and boundaries of the Leased Land and is accepting the parcel "as is." Accordingly, this conveyance is subject to all of the following: a. Any and all conditions, restrictions, encumbrances, and limitations now recorded against the Leased Land, including but not limited to FPL restrictions; b. Any and all existing or future zoning laws or ordinances; c. Any questions of title and survey that may arise in the future; and d. Lessee's satisfactory performance of all terms and conditions of this Ground Lease. 4. Use of Leased Land. The primary purpose of this Ground Lease is for Lessee to construct and operate an employee parking lot in conjunction with a business as described in the Parties' Economic Development Agreement. Accordingly, Lessee shall utilize the Leased Land as follows: • Lessee shall pay all costs to design,construct,and maintain an employee parking lot,which lot shall be subject to approval by Collier County,which approval shall not be unreasonably withheld. O Lessee shall notify, in writing, all contractors making tenant improvements or regular maintenance that Lessor's interest in the property is not subject to any construction liens. The Lessee shall also include language in any construction contract whereby the applicable entities acknowledge receipt of such no-lien notice and agree that they will not lien the landlord's interest in the property for any tenant improvement. ▪ Lessee shall submit all tenant improvement and maintenance contracts to the Lessor for prior review and approval of any tenant improvements or regular maintenance, which approval shall not be unreasonably withheld, • Lessee shall remove, satisfy or bond off any claims of lien recorded against the Lessor's interests by the Lessee's contractors, and to indemnify, defend and hold the Lessor's harmless with respect to any such liens. The Lessee shall pay the landlord a liquidated daily fee until any lien is satisfactorily removed. • The parking lot shall include at least twenty-four spaces for Collier Area Transit/Park and Ride vehicles. • Accommodations shall be made by Lessee to allow for Collier Area Transit Buses to enter and exit the parking lot. ▪ Lessee shall develop and construct a County approved and properly permitted pedestrian sidewalk from the Southern facing portion of the parking lot, along Piper Boulevard to the existing pedestrian cross-walk located at Livingston Road and Immokalee Road. Page 2 of 12 • Lessee shall construct and maintain a 6ft interior perimeter fence or wall that will surround the parking lot areas with appropriate openings or gate access to allow for vehicle ingress and egress to the parking lot, pedestrian access to shepherd anyone using the parking facility to utilize the existing cross-walk at the intersection of Immokalee Road and Livingston Road, and any other required access for Collier County or FPL to neighboring properties,rights-of-ways, or easements. • Lessee shall develop and construct an enhanced type "D" landscape buffer facing Livingston Road with a double hedgerow 6ft in height,no less than 5ft in height at planting and 6ft in height established within one year of planting, adjacent to the entire perimeter fence. • The parking lot may not be used by customers of the business serviced by the lot. • Lessee shall be solely responsible for acquiring all required permits and FPL agreements to utilize the Leased Land. • Parking lot attendant(s) must be on site during store operating hours to prevent employees/pedestrians from crossing anywhere from site to store, across Livingston Road, except from the designated and properly marked crosswalk located at Livingston Road and Immokalee Road. • The site shall be regularly maintained, may not be used for truck unloading or parking (delivery, tractor-trailer, offsite storage, etc.) or overnight parking, and will be regularly monitored for security by the Lessee. 5. Lessee's Obligation to Build. Lessee shall design, permit and construct in compliance with all governmental regulations, at its sole cost and expense, a parking lot and attendant facilities to be solely utilized for the uses described above. The plans, specifications, and design for the Lessee's improvements to be constructed on the Leased Land are subject to • reasonable approval by Lessor. Lessor shall have thirty(30)days after receipt of any submittal by Lessee to review Lessee's submittals and provide a written response as to whether the submittal is approved as submitted,not approved as submitted, or Lessor may provide Lessee with requested changes. If the submittal is not approved or if Lessor requests changes, Lessee shall submit revised plans that will meet with Lessor's approval or incorporate the requested changes into the plans. If Lessee determines not to revise its plans, then Lessee may terminate this Ground Lease. Lessee may make nonmaterial changes to the approved plans from time to time to accommodate site issues or operating changes to Lessee's use of the Leased Land. Material changes from the approved plans will require Lessor's written approval, which approval shall not be unreasonably withheld. All plans shall conform with Collier County standards. Construction must commence no later than two years from the date of this Ground Lease. In the event Lessee does not commence construction within such period, then the Lessor shall have the right to terminate this Lease, and neither party shall have any further obligations to the other party. Upon commencement of construction,Lessee shall diligently pursue said construction to completion and complete said construction on or before twenty-four(24) months from commencement, subject to delays beyond the control of the Lessee. Lessee shall be solely responsible for the costs of repairing any damage to Lessor's roads, water and sewer facilities or other infrastructure located within or outside the Leased Land resulting from construction or use by Lessee, its agents, officers or employees. Lessee must demonstrate to Lessor that it has sufficient funds necessary to complete any proposed project, and Lessor may require, as part of its approval, the posting of a construction bond or like security to assure completion of the proposed project. Page 3 of 12 The proposed uses for the Leased Land will require an amendment to the Collier County Growth Management Plan ("GMP"), a rezone of the Planned Unit Development ("PUD"), site development plan approval ("SDP"), South Florida Water Management District permit and other federal, state and local permits (hereinafter collectively referred to as ("Governmental Approvals"). Lessee will apply for the necessary Governmental Approvals at its sole expense. Lessor agrees to execute all applications to Governmental Approvals as the owner of the Leased Land. 6. Term of Ground Lease. The term of this Ground Lease shall commence on the date first above written, and unless terminated earlier by the Parties, shall terminate on the 20-year anniversary date of this Ground Lease. Unless either party gives the other party at least one year's notice in advance of the renewal term, the term shall automatically renew for two additional periods of five years. If Lessee holds over after the expiration of the lease term, such tenancy shall be from month to month under all of the terms, covenants, and conditions of this Ground Lease subject, however, to Lessor's right to seek legal relief to eject Lessee from the Premises as a holdover. 7. Rent. Throughout the term of this agreement, including any renewal term, the Lessee shall pay to Lessor the sum of$1,000.00 per annum, payable on the commencement date of this Lease,as well as the anniversary date each year thereafter. 8. Net Lease. This is a fully net lease, with Lessee responsible for all costs, fees, and charges concerning the Leased Land. Accordingly, Lessee shall promptly pay when due and prior to any delinquency all costs, fees, taxes, trash removal services, assessments, utility charges, impact fees and obligations of any kind that relate to the Leased Land. Lessee will indemnify and hold Lessor harmless from any and all claims, costs,.and obligations arising from Lessee's use of the Premises. In case any action or proceeding is brought against Lessor by reason of Lessee's use of the Premises, Lessee shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if Lessor shall so request, at Lessee's expense, by counsel reasonably satisfactory to Lessor. It is specifically agreed, however, that Lessor may at its own cost and expense participate in the legal defense of such claim, with legal counsel of its choosing. 9. Lessee's Liens and Mortgages. Lessee shall not in any way encumber the Premises, and shall promptly remove any and all liens placed against the Premises. All persons to whom these presents may come are put upon notice of the fact that the interest of the Lessor in the Premises shall not be subject to liens for improvements made by the Lessee and liens for improvements made by the Lessee are specifically prohibited from attaching to or becoming a lien on the interest of the Lessor in the Leased Land or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. 10. Lessee's Obligation to Maintain Premises and Comply with All Lawful Requirements. Lessee,throughout the term of this Lease, at its own cost,and without any expense to the Lessor, shall keep and maintain the Leased Land, including any improvements thereon, in good, sanitary and neat order, condition and repair, and shall abide with all lawful requirements. If the Premises are not in such compliance in the reasonable opinion of Lessor, Lessee will be so advised in writing. If corrective action is not begun within thirty (30) days of the receipt of such Page 4 of 12 notice and prosecuted diligently until corrective action is completed, Lessor may cause the same to be corrected, and Lessee shall promptly reimburse Lessor for the expenses incurred by Lessor, together with a 5% administrative fee. 11. Quiet Enjoyment. Lessee shall be entitled to quiet enjoyment so long as Lessee has not defaulted on any of the terms of this Ground Lease. Accordingly, Lessee shall have the exclusive right to use the Premises during the term of this Lease. 12. Condemnation. Lessor may terminate this Lease as part of a condemnation project brought by the Federal or State government. Lessor will use its best efforts to mitigate any damage caused to Lessee as a result of such termination; however, in no event will Lessor be liable to Lessee for any compensation as a result of such termination. 13. Access to Premises. Lessor,its duly authorized agents,contractors,representatives, and employees, shall have the right after reasonable oral notice to Lessee, to enter into and upon the Premises during normal business hours, or such other times with the consent of Lessee, to inspect the Premises,verify compliance with the terms of this Ground Lease,or make any required repairs not being timely completed by Lessee. 14. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within thirty(30)days after termination of the lease term, Lessee shall redeliver possession of the Premises to Lessor in good condition and repair. Lessee shall have the right at any time during Lessee's occupancy of the Premises to remove any of its personal property, equipment, and signs provided,however, at the termination of this Ground Lease, Lessor shall have the option of either requiring Lessee to demolish and remove all improvements made by Lessee to the Leased Land upon Lessee's vacation thereof, or to require Lessee to retain said improvements with fixtures on the Leased Land which improvements and fixtures will become the property of the Lessor upon Lessee's vacation of the Premises. 15. Assignment. This Ground Lease is personal to Lessee. Accordingly, Lessee may not assign this Ground Lease or sublet any portion of the Leased Land without the express prior written consent of the Lessor, which consent may be withheld in Lessor's sole discretion. Any purported assignment or sublet without the express written consent of Lessor shall be considered void from its inception and shall be grounds for the immediate termination of this Lease. Lessor may freely assign this Lease upon written notice to Lessee. 16. Insurance. a. Lessee shall provide and maintain a Commercial General Liability insurance policy, approved in writing by Lessor and the Collier County Risk Management Department,for not less than Three Million and 00/100 Dollars($3,000,000.00)combined single limits during the term of this Ground Lease. If such amounts are less than good insurance industry practice would require, Lessor, reserves the right to increase these insurance limits by providing Lessee with at least sixty(60)days' advance notice to do so. Page 5 of 12 b. In addition, Lessee shall provide and maintain Worker's Compensation Insurance covering all employees meeting the then existing Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand and 00/100 Dollars ($100,000.00) per each accident. If such amounts are less than good insurance industry practice would require, Lessor, reserves the right to increase these insurance limits by providing Lessee with at least sixty(60) days' advance notice to do so. c. Lessor shall be named as an additional insured on the Commercial General Liability insurance policy. The above-described insurance policies shall list and continuously maintain Lessor as an additional insured thereon. Evidence of such insurance shall be provided to Lessor and the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Ground Lease; and shall include a provision requiring not less than ten(10)days prior written notice to Lessor in the event of cancellation or changes in policy(ies) coverage. If such amounts are less than good insurance practice would require, Lessor reserves the right to reasonably amend their insurance requirements by issuance of notice in writing to Lessee,whereupon receipt of such notice Lessee shall have thirty(30)days in which to obtain such additional insurance. The issuer of any policy must have a Certificate of Authority to transact insurance business in the State of Florida and must be rated "A" or better in the most current edition of Best's Insurance Reports. Each insurer must be responsible and reputable and must have financial capacity consistent with the risks covered. Each policy must contain an endorsement to the effect that the issuer waives any claim or right of subrogation to recover against Lessor, its employees, representatives, and agents. d. Failure to continuously abide by all of these insurance provisions shall be deemed to be a material breach of this Ground Lease and Lessor shall have the remedies set forth below. 17. Defaults and Remedies. a. Defaults by Lessee. The occurrence of any of the following events and the expiration of the applicable cure period set forth below without such event being cured or remedied will constitute a"Default by Lessee" to the greatest extent then allowed by law: i. Discontinuation of Lessee's operation of the business contemplated in the Parties' Economic Development Agreement for a continuous period of 180 days and such default is not cured within sixty (60) days after Lessor provides written notice of default to Lessee. ii. Making of a general assignment of the benefit of creditors for a continuous period of 180 days and such default is not cured within sixty(60)days after Lessor provides written notice of default to Lessee. iii. Lessee's failure to utilize the Leased Land as set forth above for a continuous period of sixty (60) days, and such default is not cured within sixty(60)days after Lessor provides written notice of default to Lessee. Page 6 of 12 iv. Any lien is filed against the Leased Land or Lessee's interest therein or any part thereof in violation of this Ground Lease, or otherwise, and the same remains unreleased for a period of sixty (60) days from the date of filing unless within such period Lessee is contesting in good faith the validity of such lien and such lien is appropriately bonded for a continuous period of 180 days and such default is not cured within sixty (60) days after Lessor provides written notice of default to Lessee. v. Failure of Lessee to perform or comply with any material covenant or condition made under this Ground Lease, which failure is not cured within ninety (90) days from receipt of Lessor's written notice stating the non- compliance shall constitute a default (other than those covenants for which a different cure period is provided), whereby Lessor may, at its option, terminate this Ground Lease by giving Lessee thirty(30)days written notice unless the default is fully cured within that thirty(30) day notice period(or such additional time as is agreed to in writing by Lessor as being reasonably required to correct such default). This Lease Agreement is dependent upon the Economic Development Agreement being in full force and effect. Should the Economic Development Agreement terminate for any reason, including Lessee's failure to open the contemplated business, this Agreement will automatically terminate as well. b. Remedies of Lessor. In the event of the occurrence of any of the foregoing defaults, Lessor, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all individuals, entities and/or property from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Lessee, all without service of notice or resort to legal process and without being deemed guilty of trespass,or being liable for any loss or damage which may be occasioned thereby. If Lessee does not cure the defaults in the time frames as set forth above, and Lessor has removed and stored property, Lessor shall not be required to store for more than thirty(30) days. After such time, such property shall be deemed abandoned and Lessor shall dispose of such property in any manner it so chooses and shall not be liable to Lessee for such disposal. ii. If Lessee fails to promptly pay, when due,any full installment of rent or any other sum payable to Lessor under this Ground Lease, and if said sum remains unpaid for more than five (5) days past the due date, the Lessee shall pay Lessor a late payment charge equal to five percent (5%) of each such payment not paid promptly and in full when due. Any amounts not paid promptly when due shall also accrue compounded interest of two(2%) percent per month or the highest interest rate then allowed by Florida law, Page 7 of 12 whichever is higher("Default Rate"), which interest shall be promptly paid by Lessee to Lessor. iii. Lessor may sue for direct, actual damages arising out of such default of Lessee or apply for injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Lessee under this Ground Lease, or otherwise. Lessor shall be entitled to reasonable attorney's fees and costs incurred arising out of Lessee's default under this Ground Lease. c. Default by Lessor. Lessor shall in no event be charged with default in the performance of any of its obligations hereunder unless and until Lessor shall have failed to perform such obligations within ninety(90) days (or such additional time as is reasonably required to correct such default) after written notice to Lessor by Lessee properly and in meaningful detail specifying wherein, in Lessee's judgment or opinion, Lessor has failed to perform any such obligation(s). d. Remedies of Lessee. In partial consideration for the nominal rent charged to Lessee,Lessee hereby waives any claim it may have to direct or indirect monetary damages it incurs as a result of Lessor's breach of this Ground Lease, and also waives any claim it might have to attorneys' fees and costs arising out of Lessor's breach of this Ground Lease. Lessee's remedies for Lessor's default under this Ground Lease shall be limited to the following: i. For injunctive relief, as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Lessor under this Ground Lease. ii. Lessee may cure any default of Lessor and pay all sums or do all reasonably necessary work and incur all reasonable costs on behalf of and at the expense of Lessor. Lessor will pay Lessee on demand all reasonable costs incurred and any amounts so paid by Lessee on behalf of Lessor, with no interest. e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy will be cumulative and in addition to every other remedy given under this Ground Lease or hereafter existing under law or in equity. No delay or omission to exercise any right or power accruing upon any event of default will impair any such right or power nor be construed to be waived, but any such right and power maybe exercised from time to time and as often as may be deemed expedient. f. Non-Waiver. Every provision hereof imposing an obligation upon Lessee is a material inducement and consideration for the execution of this Ground Lease by Lessee and Lessor. No waiver by Lessee or Lessor of any breach of any provision of this Ground Lease will be deemed for any purpose to be a waiver of any breach of any other provision Page 8 of 12 hereof or of any continuing or subsequent breach of the same provision,irrespective of the length of time that the respective breach may have continued. Miscellaneous Legal Matters 18. This Ground Lease shall be construed by and controlled under the laws of the State of Florida. In the event of a dispute under this Ground Lease,the Parties shall first use the County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action in the Circuit Court of Collier County to enforce the terms of this Ground Lease, which Court the Parties agree to have the sole and exclusive jurisdiction. 19. This Ground Lease contains the entire agreement of the Parties with respect to the matters covered by this Ground Lease and no other agreement, statement or promise made any party, or to any employee, officer or agent of any party, which is not contained in this Ground Lease shall be binding or valid. Time is of the essence in the doing,performance and observation of each and every term, covenant and condition of this Ground Lease by the Parties. 20. In the event state or federal laws are enacted after the execution of this Ground Lease, which are applicable to and preclude in whole or in part the Parties' compliance with the terms of this Ground Lease, then in such event this Ground Lease shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Ground Lease. 21. Except as otherwise provided herein, this Ground Lease shall only be amended by mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder shall be given to the Parties set forth'below and shall be made by hand delivery, facsimile, overnight delivery or by regular mail. If given by regular mail,the notice shall be deemed to have been given within a required time if deposited in the U.S. Mail, postage prepaid, within the time limit. For the purpose of calculating time limits which run from the giving of a particular notice, the time shall be calculated from actual receipt of the notice. Time shall run only on business days which, for purposes of this Ground Lease shall be any day other than a Saturday, Sunday or legal public holiday. Notices shall be addressed as follows: If to Lessor: County Manager Collier County Manager's Office 3301 East Tamiami Trail Naples, Florida 34112 CC: Real Property Management 3301 Tamiami Trail Building W Naples, Florida 34112 Page 9 of 12 If to Lessee: Alfie Oaks 7695 Santa Cruz Court Naples, FL 34109 CC: Steve Bracci, Esq. 9015 Strada Stell Court, Suite 102 Naples, FL 34109 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 22. Lessee is an independent contractor and is not an agent or representative or employee of Lessor. During the term of this Ground Lease, neither Lessee nor anyone acting on behalf of Lessee, shall hold itself out as an employee, servant, representative or agent of Lessor. Neither party will have the right or authority to bind the other party without the express written authorization of such other party to any obligation to any third party. No third party is intended by the Parties to be a beneficiary of this Ground Lease or to have any rights to enforce this Ground Lease against either party hereto or otherwise. Nothing contained in this Ground Lease will constitute the Parties as partners or joint ventures for any purpose,it being the express intention of the Parties that no such partnership or joint venture exists or will exist. Lessee acknowledges that Lessor is not providing any vacation time, sick pay, or other welfare or retirement benefits normally associated with an employee-employer relationship and that Lessor excludes Lessee and its employees from participation in all health and welfare benefit plans including vacation, sick leave, severance, life, accident, health and disability insurance, deferred compensation, retirement and grievance rights or privileges. 23. Neither party to this Ground Lease will be liable for any delay in the performance of any obligation under this Ground Lease or of any inability to perform an obligation under this Ground Lease if and to the extent that such delay in performance or inability to perform is caused by an event or circumstance beyond the reasonable control of and without the fault or negligence of the party claiming Force Majeure. "Force Majeure" shall include an act of God, war(declared or undeclared), sabotage, riot, insurrection, civil unrest or disturbance,military or guerrilla action, economic sanction or embargo,civil strike,work stoppage,slow-down or lock-out,explosion,fire, earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the binding order of any governmental authority. 24. Lessee will not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the Leased Land, nor permit employees, representatives, agents, contractors, sub-contractors, sub-sub-contractors, material men and/or suppliers to engage in such activities upon or about the Leased Land. 25. In compliance with Section 404.056, Florida Statutes, all Parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found Page 10 of 12 in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. 26. Lessee shall execute this Ground Lease prior to it being submitted for approval by the Board of County Commissioners. This Ground Lease may be recorded by the County in the Official Records of Collier County, Florida, within fourteen(14)days after the County enters into this Ground Lease, at Lessee's sole cost and expense. IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Ground Lease the day and year first above written. AS TO THE LESSEE: Oakes Farms, Inc. AO' F fitness (signature. t 4,4::.x A GI kc s ' (Print Name and Title) print name) C--kk Witness (signature) i &D. G ..� tf"ti (print name) AS TO THE LESSOR: ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK., Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Andy Solis, Chairman Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney Page 11 of 12 EXHIBIT A (Description of Leased Land) Page 12 of 12 --, EXHIBIT A (Description of Leased Land) ..... 1 . 1 . ., ,,,,x ,-.. ....- -- ., • — 4 • 'I • . 411 • — --e -1 s 1 .i , -- 1 „I.., ' •• .torirt, •9,---...,.. 11' • 44 •4N-4.Mr**:°%.1.1a.1 * ....'( S. II '.' .. — • , , ,1 . * • • . 1 .., Mc.' .• f t ,-,, ..4 .11,0zroxrdik,,. . mi•t.........,-... , loct ti,,,e.,Li;rq,4 ,,...i,,, ..,r.....,\ :, ';'=::".' . sra .,,-; h ..4 11 . e,"1tP" ,, . ,,,,,,, r,-- v:,„1.,- ,, _--- rAICEL 1 --, . / 1.4 *.ilet i*.1111.1 ' t , . .. _t. •- ,--,—,4,A''''';441r.1 •.. . ,s .. ,, gila,11;U tilt it Site , 0.,...m.04.1111 4414,C.th-44 9/1h/11 L Wity S,te - - 4„ li,L.,_ . .....,..** ._ . .. .„ lit - - - ' ''' immtuAltf POA) ..- " '. ....... . . (m) (ASSOCIATES OF FLOR 13i le Lheallat it3A0 taint NA I gOttil I!LORCA 3 , tompet,wohogamitub trmitotNiti alivA!VI KJ&t..S 01 k I 5.1.10117^.IN% SEED TO TABLE CPUD e* MASTER PLAN ,. lAt....-4141/44.1 mis orts.s oft a 4,..4,.....ii...........wor a di,pirok 40.1 6.41.1 ( -_ : -r - Ir.lit.T.'===rez." ouz...'" =:', r - P.n.' SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code,Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED ROBERT J. MULHERE, FAICP WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER, PL20170003768/CPSS-2018-1 AND PL20170003766. 950 ENCORE WAY SIGNATURE OF APPLICANT OR AGENT STREET OR P.O.BOX ROBERT J. MULHERE, FAICP NAPLES, FL 34110 NAME(TYPED OR PRINTED) CITY,STATE ZIP HOLE MONTES, INC. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this 24th day of July , 20 18, by ROBERT J. MULHERE personally known to me or who produced as identification and who did/did not take an oath. • - - �� . ��'�14 ` STEPHANIE KAROL � �. fa�� ` : Notary Public-State of Florida Signature of Notary Public �1 Commission•FF 939990 4 My Comm.Expires Mu 9,2020 ; •...... ....; Borxkd thrOuph NatioeN Netalif ASS& STEPHANIE KAROL Printed Name of Notary Public My Commission Expires: (Stamp with serial number) Rev.3/4/2015 NI ___ � St�EN1 RE�� RING`g NA oP�eti00 nEv 001to 031 6 •ptioris 0 of ��i g UDM 5 5t IA `v. t •� S P� Ps$' p,ND co Fa iN6• �N �: 00 $1,10,00 t Ma�NN Q�K t3' �p0 �()' 7; . kg rs rG!�° °oto ASED E�!k ` ��----, €pU S tD MD G E A� .r+f rt.,000 scat foti 0001 0 GO FAC coo , i+r rr [� ARE' aR !Y A" g E coo r -' \ n�Rr� ►tt pub pN� Ms g6 G --- a ti i +�•, . o trim tlicli Est t HTY ply£i Q ENT Rkiil i � ' ..___ `;r "' ., at rrsra v r rt SrRrcr.tO z,00. 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C 8� > n'•., `# »a,.. --S #Y..,.� �a�`Ft.,.y. d,r°rh x-•,'r^�s a s� ` a,.�, Pn ' "." • °C " ,t$, 'a :mei x' , s a•- i. i � k , � �' 7>P "i.' , , e 1 4 . a ` &r; �� , � yw • # �,m '1 ik i # 4 1 _ " r •t � tJ �' i 1411 - • , ...1 ,'"!,==.;:. ,....4,i ii:&--.',`,'„,-r°',,,.,,, :lir:, ...et, -*-- 1 -'17....,"....‘,"*4. ,,.S.1..4, :,:,..."riS.,,„''..:' + ik Z e,e � r,� r bgdr,', ` # ytp ! r � s ^y "Frk 9 i ,d ': -s„ r , i.- d a ii •.. f :,..,,.,,j,....1/444-,i ,Pp 1 i s e r ., 'a• t d#x�t tx . '� ,er drt ,P � . a^ ' .P , Aar € ># 's` .. % % NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that the Collier County Planning Commission will ho)d a public meeting on August 16,2018, commencing at 9:00 A.M.in the Board of County Commissioners Chamber,Third Floor,County Government Center,3299 East Tamlami Trail,Naples,FL. The purpose of the hearing is to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA AMENDING ORDINANCE NO.89-05,AS AMENDED,THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY ADDING THE SEED TO TABLE COMMERCIAL SUBDISTRICT TO THE URBAN-COMMERCIAL DISTRICT AND CHANGING THE DESIGNATION OF PROPERTY FROM URBAN RESIDENTIAL SUBDISTRICT TO SEED TO TABLE COMMERCIAL SUBDISTRICT TO ALLOW OFF-SITE EMPLOYEE PARKING FOR THE SEED TO TABLE COMMERCIAL DEVELOPMENT IN THE CARLTON LAKES PLANNED UNIT DEVELOPMENT AND ALLOW COLLIER AREA TRANSIT(CAT)PARK &RIDE AND COUNTY UTILITY FACILITIES;AND FURTHERMORE,RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY;PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.THE SUBJECT PROPERTY CONSISTING OF 6.33* 'ACRES IS LOCATED NORTH OF THE TERMINUS OF PIPER BOULEVARD AT THE NORTHWEST CORNER OF THE INTERSECTION OF LIVINGSTON ROAD AND IMMOKALEE ROAD,IN SECTION 24,TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA.(PL201700037681 • ') PROJECT • ' LOCATION . = c i✓ariton Lakes BLVD``.. r 0 .... J: I Immokalee.RD _ ................. All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will be made available for • inspection at the GMD Zoning Division,Comprehensive Planning Section,2800 N.Horseshoe Dr.,Naples,between the hours ' of 8:00 A.M.and 5:00 P.M.,Monday through Friday.Furthermore,the materials will be made available for inspection at the 1Collier County Clerk's Office,Fourth Floor,Collier County Government Center,3299 East Tamiami Trail,suite 401 Naples, lone week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the GMD Zoning Division,Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to August 16, 2018,will be read and considered at the public hearing. ' If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he'may need to ensure ',. that a verbatim record of the proceedings is made,which record Includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Mark P.Strain,Chairman Collier County Planning Commission July 27,2018 NO.2070827 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that the Collier County Planning Commission will hold a public meeting on August 16,2018, commencing at 9:00 A.M.in the Board of County Commissioners Chamber,Third Floor,County Government Center,3299 East Tamiami Trail,Naples,FL. The purpose of the hearing is to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA AMENDING ORDINANCE NO.89-05,AS AMENDED,THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY ADDING THE SEED TO TABLE COMMERCIAL SUBDISTRICT TO THE URBAN-COMMERCIAL DISTRICT AND CHANGING THE DESIGNATION OF PROPERTY FROM URBAN RESIDENTIAL SUBDISTRICT TO SEED TO TABLE COMMERCIAL SUBDISTRICT TO ALLOW OFF-SITE EMPLOYEE PARKING FOR THE SEED TO TABLE COMMERCIAL DEVELOPMENT IN THE CARLTON LAKES PLANNED UNIT DEVELOPMENT AND ALLOW COLLIER AREA TRANSIT(CAT)PARK &RIDE AND COUNTY UTILITY FACILITIES;AND FURTHERMORE,RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY;PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.THE SUBJECT PROPERTY CONSISTING OF 6.334 ACRES IS LOCATED NORTH OF THE TERMINUS OF PIPER BOULEVARD AT THE NORTHWEST CORNER OF THE INTERSECTION OF LIVINGSTON ROAD AND IMMOKALEE ROAD,IN SECTION 24,TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA.EPL20170003768] PROJECT Ct LOCATION Carlton Lakes BLVD c Immokalee RD w+ All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will be made available for inspection at the GMD Zoning Division,Comprehensive Planning Section,2800 N.Horseshoe Dr.,Naples,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday.Furthermore,the materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Collier County Government Center,3299 East Tamiami Trail,suite 401 Naples, one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the GMD Zoning Division,Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to August 16, 2018,will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Mark P.Strain,Chairman Collier County Planning Commission July 27,2018 ND,2070827 ❑ PROOF O.K.BY: ❑ O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:BCC_COMPREHENSIVE PLANNI PROOF CREATED AT:7/18/2018 11:49 AM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:07/27/18 ND-2070827.INDD SIZE:3 col X 9.25 in