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Agenda 09/25/2018 Item #9C09/25/2018 EXECUTIVE SUMMARY This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Residential Single Family (RSF -3) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for the project known as Seed to Table CPUD to allow offsite employee parking for the Seed to Table c ommercial development in the Carlton Lakes Planned Unit Development and to allow Collier Area Transit (CAT) park & ride and County utility facilities, and by providing an effective date. The property consists of 6.82± acres and 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. [PL20170003766] (This is a companion to Agenda Item 9.B) OBJECTIVE: To have the Board of County Commissioners (Board) review staff’s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above-referenced petition, render a decision regarding this rezoning petition, and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject property consists of 6.82 acres and is located at the north terminus of Piper Boulevard at the northwest intersection of Immokalee Road and Livingston Road in Section 24, Township 48 South, Range 25 East, Collier County. The applicant is requesting that the Collier County Planning Commission (CCPC) consider an application to rezone the property from the Residential Single- Family (RSF-3) zoning district to Commercial Planned Unit Development (CPUD) zoning district. The property is a single parcel owned by Collier County. There is a companion small scale GMPA for 6.33 acres related to this request. The petitioner is requesting rezoning to a CPUD to allow off-site employee parking for the Seed to Table commercial development in the Carlton Lakes PUD and to allow Collier Area Transit (CAT) park and ride and County utility facilities. There is a companion Small Scale Growth Management Plan Amendment (SSGMPA) application. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element (CIE) of the Growth Management Plan (GMP) as needed to maintain an adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the CCPC to analyze this petition. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) as identified on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). Non - residential development allowed by this designation includes essential services, e.g., water and 9.C Packet Pg. 279 09/25/2018 wastewater treatment plants, pump stations, etc.; the site is not eligible for commercial zoning. There is a companion GMP amendment petition (PL2017-0003768/CPSS-2018-1) to establish a commercial sub- district to allow the proposed uses - parking lot to serve employees of the grocery store across Livingston Road to the east (excess parking, not that which is required by code) and the Collier Area Transit Park and Ride program, and Collier County Utilities facilities. Note: The subject site comprises a +6.33-acre portion of a +17.09-acre tax parcel that is owned by Collier County; the applicant has a long-term land lease. The Consistency Review is included as Attachment C. Based upon analysis by the Comprehensive Planning Division; the proposed PUD rezone may only be deemed consistent with the FLUE IF, the companion GMP amendment petition (PL2017-0003768/CPSS-2018-1) is adopted and goes into effect. Transportation Element: In evaluating this project, staff reviewed the applicant’s Traffic Impact Statement (TIS) for consistency with Policy 5.1 of the Transportation Element of the GMP using the 2017 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states, “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless s pecific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project’s significant impacts on all roadways.” The proposed PUD on the subject property was reviewed based on the then applicable 2017 AUIR Inventory Report. The TIS submitted in the application indicates that the proposed off-site parking and CAT Park n Ride development will generate approximately 112 PM peak hour two-way trips. 9.C Packet Pg. 280 09/25/2018 The proposed development will impact the following roadway segments with the listed capacities: Roadway Link 2017 AUIR Existing LOS Current Peak Hour Peak Direction Service Volume/Peak Direction 2017 AUIR Remaining Capacity Livingston Road Imperial Street to Immokalee Road B 3,000/North 1,721 Livingston Road Immokalee Road to Vanderbilt Beach Road C 3,100/North 1,452 Immokalee Road Airport-Pulling Road to Livingston Road D 3,100/West 305 Immokalee Road Livingston Road to I-75 C 3,500/East 1,011 Based on the 2017 AUIR, the adjacent roadway network has sufficient capacity to accommodate the proposed new trips for the amended project within the 5-year planning period. Therefore, the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Operational impacts will be addressed at time of first development order (SDP or Plat). Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site is not required to set aside a preserve area. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PUDZ-PL20170003766 on August 16, 2018, and voted 5-1 (Ebert dissented because she believes the parking lot and the Oakes Farms store should be connected) to forward the petition to the Board with a recommendation to approve with stipulations. Moreover, there were several speakers in opposition to this petition. As such, this petition will be placed on Advertised Public Hearings. The CCPC stipulations include required changes and additions to be added to the PUD and four conditions: Exhibit A - List of Permitted Uses; Ex A, 1.B, insert the word “only” for employee parking. Exhibit B - Development and Design Standards; Ex B, A: insert staff report page 3 language (last paragraph, sentences 3-7) for bus use of Piper. Ex B. C: correct spelling errors. Ex B, F: Parking lot “will not” be used. Ex B, I.3.: modify heights not to exceed 20’. Exhibit C - Master Plan; Show additional CAT spaces. Exhibit F - Development Commitments; 9.C Packet Pg. 281 09/25/2018 Add #7 about alternate shift changes from peak traffic time. General comments to be incorporated: No vendor parking. No special events or event parking. Wall to be installed on all boundaries except where gated. Use new TIS handed out at the meeting which is the TIS for this PUD; not the TIS provided in the staff report. LEGAL CONSIDERATIONS: This is a site specific rezone from the RSF-3 Zoning District to a Commercial Planned Unit Development Zoning District for a project to be known as the Seed to Table CPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board, should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for CPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed CPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpos e of assuring the adequacy of available improvements and facilities, both public and private. 9.C Packet Pg. 282 09/25/2018 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with CPUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed CPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested CPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance 9.C Packet Pg. 283 09/25/2018 with existing zoning? (a “core” question…) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed CPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the CPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney’s Office. This item has been reviewed as to form and legality, and an affirmative vote of four is necessary for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendation of the CCPC, which is reflected in the attached Ordinance and recommends that the Board approve the applicant’s request to rezone to the CPUD zoning district. Prepared by: C. James Sabo, AICP, Principal Planner, Zoning Division. ATTACHMENT(S) 1. Staff Report PUDZ-PL20170003766-Seed to Table CPUD (PDF) 2. Revised Proposed Ordinance - 082018 - Attachment A (PDF) 3. FLUE Consistency Memo - Attachment B (PDF) 4. [Linked] Back Up Material Seed to Table PUDZ (PDF) 5. PL20170003766_NDN Ad as posted 9.5.18 (PDF) 9.C Packet Pg. 284 09/25/2018 COLLIER COUNTY Board of County Commissioners Item Number: 9.C Doc ID: 6473 Item Summary: This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Residential Single Family (RSF -3) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for the project known as Seed to Table CPUD to allow offsite employee parking for the Seed to Table commercial development in the Carlton Lakes Planned Unit Development and to allow Collier Area Transit (CAT) park & ride and County utility facilities, and by providing an effective date. The property consists of 6.82± acres and 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. [PL20170003766] (This is a companion to Agenda Item 9.B) Meeting Date: 09/25/2018 Prepared by: Title: – Zoning Name: James Sabo 08/21/2018 3:22 PM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 08/21/2018 3:22 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 08/21/2018 4:16 PM Zoning Ray Bellows Additional Reviewer Completed 08/23/2018 5:19 PM Zoning Michael Bosi Additional Reviewer Completed 08/27/2018 2:51 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 08/27/2018 4:00 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 08/30/2018 4:47 PM Growth Management Department James C French Deputy Department Head Review Completed 08/30/2018 5:48 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/31/2018 10:11 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/31/2018 11:13 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 09/06/2018 9:51 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/15/2018 9:50 AM 9.C Packet Pg. 285 09/25/2018 Board of County Commissioners MaryJo Brock Meeting Pending 09/25/2018 9:00 AM 9.C Packet Pg. 286 PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 1 of 14 Revised: July 30, 2018 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: AUGUST 16, 2018 SUBJECT: PUDZ-PL20170003766 SEED TO TABLE, OAKES FARMS INC. COMPANION GMPA, PL2017-0003768/CPSS-2018-1 ______________________________________________________________________________ PROPERTY OWNERS/APPLICANT/AGENT: Owner: Agent: Collier County c/o Real Property Management 3335 Tamiami Trail E. Suite 101 Naples, FL 34112 Applicant: Oakes Farms Inc. 7695 Santa Cruz Court Naples, FL 34112 Bryan Milk Milk Land Use and Planning Consultants Inc. PO Box 111045 Naples, FL 34108 Richard Yovanovich, Esq. Coleman, Yovanovich, Koester 4001 Tamiami Trail N. suite 300 Naples, FL 34103 REQUESTED ACTION: The applicant is requesting that the Collier County Planning Commission (CCPC) consider an application to rezone the property from the Residential Single-Family (RSF-3) zoning district to Commercial Planned Unit Development (CPUD) zoning district. The property is a single parcel owned by Collier County. There is a companion small scale GMPA for 6.33 acres related to this request. GEOGRAPHIC LOCATION: The subject property consists of 6.82 acres and is located at the north terminus of Piper Boulevard at the northwest intersection of Immokalee Road and Livingston Road in Section 24, Township 48 South, Range 25 East, Collier County (see location map, page 2). The proposed Master Plan is included as Attachment B. AGENDA ITEM 9-D 9.C.1 Packet Pg. 287 Attachment: Staff Report PUDZ-PL20170003766-Seed to Table CPUD (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 2 of 14 Revised: July 30, 2018 9.C.1Packet Pg. 288Attachment: Staff Report PUDZ-PL20170003766-Seed to Table CPUD (6473 : PUDZ-PL20170003766 Seed PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 3 of 14 Revised: July 30, 2018 PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting rezoning to a CPUD to allow off-site employee parking for the Seed to Table commercial development in the Carlton Lakes PUD and to allow Collier Area Transit (CAT) park and ride and County utility facilities. There is a companion Small Scale Growth Management Plan Amendment (SSGMPA) application. The property contains an FPL easement over the entire area and includes overhead electric transmission lines throughout the property. On October 24, 2017, the Collier County Board of Commissioners voted to allow the developers of Oakes Farms Seed to Table to explore a public private partnership with Collier County to support economic development through a joint use parking lot lease on the subject property. The PUD is proposed to include Tract U and Tract P. The Principal uses on Tract P are parking for the CAT park and ride program and parking for employees of the commercial development located east along Livingston Road. The accessory uses on Tract P include standard accessory uses and structures, such as fences, transit structures, shade structures, and storm water facilities. Tract U is identified as the County Utility site with principal uses listed as utility facilities and accessory uses similar to Tract P. There is an existing County Utility pump station and an FPL substation facility on Tract U. Employee parking for the commercial development to the east across Livingston Road will be the primary use for the parking lot. No LDC-required parking for the commercial development is allowed on this site. A shuttle bus system will be utilized to move employees from the parking area to the commercial development across Livingston Road. No customer parking will be permitted in the Seed to Table PUD Tract P parking lot. No truck parking, loading, unloading, deliveries, storage, or overnight parking for trucks will be permitted. A six-foot perimeter fence is required around the entire parking lot and will be installed at the time of Site Development Plan (SDP). Additionally, an enhanced 15-foot wide type “D” buffer is required along the Livingston Road frontage and will be installed as part of the SDP process. The parking lot site, Tract P, will accommodate entry and exit for CAT buses and the park-and- ride program. There are 24 parking spaces allotted for CAT use; the FPL consent agreement with the County approves 10 spaces. The buses will enter the parking area from Piper Boulevard and through Tract U. The Piper Boulevard access to the parking area will be controlled with a gate system. Only CAT vehicles, County utility vehicles, FPL utility vehicles, and emergency vehicles will be able to access the parking lot area through Tract U. The CAT buses will circulate to the north end of the parking lot where the park and ride pick-up area is located. The buses will then exit turning right onto Livingston Road southbound. Bus shelters, shade structures, and parking lot attendant structures are permitted and limited to an actual height of 30 feet. Light structures shall not exceed 20 feet in height. SURROUNDING LAND USE AND ZONING: North: Undeveloped FPL easement, zoned Residential Single-Family (RSF-3) South: Piper Road terminus, Immokalee Road r.o.w. and Canal 9.C.1 Packet Pg. 289 Attachment: Staff Report PUDZ-PL20170003766-Seed to Table CPUD (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 4 of 14 Revised: July 30, 2018 East: Livingston Road r.o.w. and commercial development, zoned Carlton Lakes PUD West: Residential, FPL substation, zone Residential Single-Family (RSF-3) Willoughby Acres Aerial Map (County GIS) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban (Urban – Mixed Use District, Urban Residential Sub district) as identified on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). Non-residential development allowed by this designation includes essential services, e.g. water and wastewater treatment plants, pump stations, etc.; the site is not eligible for commercial zoning. There is a companion GMP amendment petition (PL2017-0003768/CPSS-2018-1) to establish a commercial sub district to allow the proposed uses - parking lot to serve employees of the grocery store across Livingston Road to the east (excess parking, not that which is required by code) and the Collier Area Transit Park and Ride program, and Collier County Utilities facilities. Note: The subject site comprises a +6.33-acre portion of a +17.09-acre tax parcel that is owned by 9.C.1 Packet Pg. 290 Attachment: Staff Report PUDZ-PL20170003766-Seed to Table CPUD (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 5 of 14 Revised: July 30, 2018 Collier County; the applicant has a long-term land lease. The Consistency Review is included as Attachment C. Based upon analysis by the Comprehensive Planning Division, the proposed PUD rezone may only be deemed consistent with the FLUE IF, the companion GMP amendment petition (PL2017-0003768/CPSS-2018-1) is adopted and goes into effect. Transportation Element: In evaluating this project, staff reviewed the applicant’s Traffic Impact Statement (TIS) for consistency with Policy 5.1 of the Transportation Element of the GMP using the 2016 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states, “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project’s significant impacts on all roadways.” The proposed PUD on the subject property was reviewed based on the then applicable 2017 AUIR Inventory Report. The TIS submitted in the application indicates that the proposed off-site parking and CAT Park n Ride development will generate approximately 112 PM peak hour two-way trips. The proposed development will impact the following roadway segments with the listed capacities: Roadway Link 2017 AUIR Existing LOS Current Peak Hour Peak Direction Service 2017 AUIR Remaining Capacity 9.C.1 Packet Pg. 291 Attachment: Staff Report PUDZ-PL20170003766-Seed to Table CPUD (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 6 of 14 Revised: July 30, 2018 Volume/Peak Direction Livingston Road Imperial Street to Immokalee Road B 3,000/North 1,721 Livingston Road Immokalee Road to Vanderbilt Beach Road C 3,100/North 1,452 Immokalee Road Airport Pulling Road to Livingston Road D 3,100/West 305 Immokalee Road Livingston Road to I-75 C 3,500/East 1,011 Based on the 2017 AUIR, the adjacent roadway network has sufficient capacity to accommodate the proposed new trips for the amended project within the 5-year planning period. Therefore, the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Operational impacts will be addressed at time of first development order (SDP or Plat). Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site is not required to set aside a preserve area. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (referred to as the “PUD Findings”), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as “Rezone Findings”), which establish the legal basis to support the CCPC’s recommendation. Drainage: The proposed PUD Amendment request is not anticipated to create drainage problems in the area. Stormwater best management practices, treatment, and storage will be addressed through the environmental resource permitting process with the South Florida Water Management District. County staff will also evaluate the project’s stormwater management system, calculations, and design criteria at the time of site development plan (SDP) and/or platting (PPL). Environmental Review: Environmental Services staff has reviewed the PUDZ petition to address environmental concerns. The native vegetation on the property exists within the existing FPL easement; no preservation is required when native vegetation is within an existing utility easement 9.C.1 Packet Pg. 292 Attachment: Staff Report PUDZ-PL20170003766-Seed to Table CPUD (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 7 of 14 Revised: July 30, 2018 in accordance with LDC section 3.05.07.B.2.d. The protected species survey identified three gopher tortoise burrows within property boundary. A gopher tortoise management plan will need to be provided at PPL or SDP review. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Landscape Review: All perimeter buffers labeled on the Master Plan are compliant with the requirements of the Land Development Code. The petitioner is proposing an enhanced Type ‘D’ buffer along the East boundary line. The Land Development Code requires a double row hedge 24” high at time of planting with trees 30’ on center. The petitioner is proposing a double row hedge 5’ high at time of planting with trees 30’ on center. The CPUD boundary includes the existing County pump station. Per section 4.06.05.B.4 of the LDC, existing, previously approved public utility ancillary systems are not required to meet landscape requirements of this section of the LDC unless they are required to submit an SDPA application. The petitioner is requesting 2 deviations regarding landscape. See Deviation Discussion in that section of the report. School District: A Collier County School District review is not applicable. Utilities Review: The project lies within the potable water service area of the Collier County Water- Sewer District. Water service for landscape irrigation is readily available via existing infrastructure along the project’s frontage on Livingston Rd and Piper Blvd. Domestic water and wastewater services are not needed for this PUD. The south end of the PUD (Tract/Parcel “U”) is reserved for a County wastewater pump station but will facilitate access from Piper Blvd for County, FPL, and emergency vehicles. Zoning Services Review: Zoning Division staff has evaluated the proposed uses related to their intensity and reviewed the proposed development standards for the project. The Zoning Division also evaluated the location and orientation of the parking lot project and the potential traffic generation. The proposed parking lot location is within an existing FPL transmission line easement. The site is mostly vacant with only electrical transmission poles and related equipment occupying the site. The intensity of the proposed parking lot is reasonable related to the surrounding uses. There is no new commercial retail tenant space proposed with the project. The proposed parking lot is intended to serve an existing commercial site (former Albertson’s Grocery) that has been vacant for approximately 10 years. A parking lot use is less intensive than a commercial tenant space, but more intensive than a mostly vacant FPL easement. At the NIM, the applicant committed to starting employee shifts only during non-peak A.M and P.M. traffic hours. Exhibit F, Development Commitments does not list the employee shift change time commitment, which should be corrected as part of an approval recommendation. The proposed CAT park and ride will occupy the northern portion of the site and is an appropriate use in the area of Immokalee Road and Livingston Road. A parking lot along a major arterial street is an appropriate use. 9.C.1 Packet Pg. 293 Attachment: Staff Report PUDZ-PL20170003766-Seed to Table CPUD (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 8 of 14 Revised: July 30, 2018 With respect to Development Standards, the proposed standards are appropriate based on the parking lot use. A perimeter wall or fence around the parking lot is proposed to buffer the adjacent residential property and a 15-foot wide Type D buffer is proposed along Livingston. PUD FINDINGS: LDC Section 10.02.13.B.5 states that “In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan’s compliance with the following criteria in addition to the findings in LDC Section 10.02.08”: (Zoning Division staff responses in non-bold) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Zoning Division staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area. The Public Utilities Division further states the subject site fronts on Livingston Rd and Piper Blvd. Water distribution/transmission mains are readily available within either right-of-way, and there is adequate potable water treatment capacity to serve the landscape irrigation needs of the proposed PUD. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application were reviewed by the County Attorney’s Office and demonstrate unified control. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Comprehensive Planning staff has reviewed the petition and analyzed it for consistency with goals, objectives, and policies of the GMP. They have found the proposed amendment to be consistent with the GMP, if the companion amendment is approved. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on the location of improvements, restrictions on design, and buffering and screening requirements. The proposed PUD Document buffering and screening standards have been reviewed and are acceptable. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. There is no deviation from the required usable open space as submitted. Compliance with 9.C.1 Packet Pg. 294 Attachment: Staff Report PUDZ-PL20170003766-Seed to Table CPUD (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 9 of 14 Revised: July 30, 2018 approved standards would be demonstrated at the time of SDP. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. Compliance with all other applicable concurrency management regulations is required, including but not limited to plat plans or site development plans. The Public Utilities Division further states that Collier County has sufficient conveyance and treatment capacity for potable water service to the project. Finally, the project’s development must comply with all other applicable concurrency management regulations when development approvals are sought, including but not limited to any plats and or site development plans. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Although not need for a parking lot use, there is adequate supporting infrastructure to accommodate this project, including Collier County Water-Sewer District potable water and wastewater mains. Adequate public facility requirements will be addressed when future development approvals are sought. The Public Utilities Division further states that the area has adequate supporting infrastructure, including Collier County Water-Sewer District potable water mains, to accommodate this project. The scope of any system improvements will be determined at the time of SDP or PPL permit review. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. Two deviations are proposed in the request to rezone to CPUD. Please see the deviations section of the report. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, “When pertaining to the rezoning of land, the report and recommendations to the Planning Commission to the Board of County Commissioners…shall show that the Planning Commission has studied and considered the proposed change in relation to the following when applicable.” Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below: (Zoning Division staff responses in non-bold): 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map (FLUM) and the elements of the GMP. Comprehensive Planning staff has determined the petition is consistent with the goals, objectives, and policies of the FLUM and other elements of the GMP, if the companion amendment is approved. 2. The existing land use pattern. 9.C.1 Packet Pg. 295 Attachment: Staff Report PUDZ-PL20170003766-Seed to Table CPUD (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 10 of 14 Revised: July 30, 2018 The existing land use pattern related to surrounding properties is described in the Surrounding Land Use and Zoning section of this report. The proposed uses will not likely change the existing land use patterns in the area. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The property is zoned Residential Single-Family RSF-3. The application is to rezone to CPUD, which would not create an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing district boundaries are logically drawn. The proposed CPUD boundaries are logical and appropriate. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary. It is a request that the applicant believes is necessary to accommodate employee parking for the commercial development. The occupancy of the vacant commercial building does represent a change in conditions along this portion of the Immokalee Road corridor. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. This criterion is not specifically applicable as the proposed change is not within a neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The Transportation Division states that the roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat). Additionally, the project’s development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. It is not anticipated that the rezone request to CPUD will create drainage problems in the area. Stormwater best management practices, treatment, and storage for this project will be addressed through Environmental Resource Permitting (ERP) with the South Florida Water Management District (SFWMD). County environmental staff will evaluate the stormwater management system and design criteria at the time of SDP or PPL. 9.C.1 Packet Pg. 296 Attachment: Staff Report PUDZ-PL20170003766-Seed to Table CPUD (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 11 of 14 Revised: July 30, 2018 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed rezone to CPUD is not likely to reduce light or air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. Property value is affected by many factors. It is driven by market conditions and is generally a subjective determination. Zoning alone is not likely to adversely affect the property values. Market conditions usually prevail. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Most of the adjacent property is already developed as commercial or residential use. The approval of the rezone request from RSF-3 to CPUD is not likely to deter development activity of surrounding property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed rezone to CPUD complies with the GMP (if companion amendment is approved) and is found consistent, then it is consistent with public policy and the change does not result in the granting of a special privilege. Consistency with the FLUE is determined to be consistent with public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the applicant cannot use the property as they have proposed without rezoning to CPUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The Zoning Division staff determination is the proposed uses are not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The application was reviewed and found compliant with the GMP (if the companion amendment is approved) and the LDC. The Zoning Division staff does not review other sites related to a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which 9.C.1 Packet Pg. 297 Attachment: Staff Report PUDZ-PL20170003766-Seed to Table CPUD (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 12 of 14 Revised: July 30, 2018 would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the proposed rezone request to CPUD would require significant site alteration. The site is vacant and construction would be required. The development standards would be applied during the SDP and plat process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project must comply with the criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF) and must be consistent with applicable goals and objectives of the GMP related to adequate public facilities. This petition has been reviewed by Comprehensive Planning staff for consistency with the GMP as part of the amendment process, and they find it to be consistent, if the companion amendment application is approved. The concurrency review for APF is determined at the time of SDP review. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. DEVIATION DISCUSSION: The petitioner is seeking two deviations from the requirements of the LDC. The petitioner’s rationale and staff analysis/recommendation is outlined below. Deviation # 1. Trees and Palms A deviation from LDC Section 4.06.05. Plant Material Standards, Subsection D.2. Trees and Palms, which requires all new code required trees to be ten feet in height and all new trees to have a mature height of 15 feet to allow for trees to have a lower height, not to exceed a mature height of 14 feet, consistent with an approved landscape plan by FPL and Collier County. Approval of the landscape plan shall be obtained prior to SDP approval. Petitioner’s Justification: The subject property is owned by Collier County; however, it is largely encumbered by an FPL easement. The Collier County BCC voted to allow the developers of Oakes Farms Seed to Table site (former Albertsons 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. In a sense, FPL will also be partner in this public private partnership, in that an FPL Consent Agreement will be required. As part of the FPL Consent Agreement certain conditions apply. One such condition requires that landscape trees (and light poles) be limited in height to a maximum of 14 feet. Since the Collier County LDC Section 4.06.05. Plant Material Standards, Subsection D.2. Trees and Palms, requires all new code required trees to be ten feet in height at time of planting and to have a mature height of 15 feet, this deviation is necessary. As part of the Deviation, we have included that the developer submit a landscape plan to both FPL and to the 9.C.1 Packet Pg. 298 Attachment: Staff Report PUDZ-PL20170003766-Seed to Table CPUD (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 13 of 14 Revised: July 30, 2018 County, and to obtain approval of both parties prior to SDP Staff Analysis and Recommendation: The deviation is reasonable and justifiable as it directly relates to FPL easement requirements. The Landscape Division further states that staff supports this deviation as it complies with FPL’s guidelines. Since there are no vertical structures proposed, staff sees no detrimental effect resulting from the 2’ reduction in height at time of planting. Deviation # 2. Public Utility Landscaping A deviation from LDC Section 4.06.05.b.4. - Public utility ancillary system landscaping requirements, which requires, under certain circumstances, screening and buffering requirements for ancillary public utility systems and facilities, to waive such requirements for the north perimeter boundary of Tract “U” where it is adjacent to Tract “P”. Petitioner’s Justification: There is no need for screening and buffering at this location (between Tracts “U” and “P”) as this will not be not visible from any adjacent property or from Livingston Road, as there are required buffers that will be installed along the north, west and east perimeters of Tract “P”, including a buffer along Livingston Road, which will sufficiently screen the north boundary of Tract “U” from view. This deviation was suggested by Collier County Public Utilities. Staff Analysis and Recommendation: The deviation is reasonable and justifiable as it was suggested by the Public Utility division and the boundary between the tracts is not visible. The Landscape Division further adds that Exhibit A of the PUD states that the uses proposed for Tract ‘U’ will be subject to LDC section 5.05.12, which references LDC section 4.06.05.B.4 for landscape requirements. Section 4.06.05.B.4 requires a 5’ high hedge composed of shrubs spaced 4’ on-center to be provided around the exterior perimeter of the surrounding fence or wall. In addition, Sabal Palms with a clear trunk height of 8-12’ are required spaced 10’ on-center if there are any projections visible above the fence or wall. The screening that will be required along the exterior of the West, South and East walls will provide screening from Livingston Rd. and Immokalee Rd. The uses on Tract ‘U’ will be screened from store patrons and non-users. Due to the limitation of parking permitted only for employees North of Tract ‘U’, staff sees no detrimental effect if this deviation request is approved. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on May 31, 2018, 5:30 PM, at the Collier County Public Library Headquarters Sugden Theater at 2385 Orange Blossom Naples, FL. For further information, please see the NIM Summary information in the back-up material. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. COUNTY ATTORNEY OFFICE REVIEW: 9.C.1 Packet Pg. 299 Attachment: Staff Report PUDZ-PL20170003766-Seed to Table CPUD (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) PUDZ-PL20170003766; Seed to Table, Oakes Farms Page 14 of 14 Revised: July 30, 2018 The County Attorney’s Office reviewed this staff report on July 27, 2018. RECOMMENDATION: Zoning Division staff recommends the CCPC forward petition PUDZ-PL20170003766 Oakes Farms Seed to Table to the Board of County Commissioners with a recommendation of approval, subject to the addition of a Development Commitment in Exhibit F for employee shift changes during non-peak A.M.and P.M. traffic hours only. Attachments: A) Proposed CPUD Ordinance B) Proposed Master Plan C) FLUE Consistency Review 9.C.1 Packet Pg. 300 Attachment: Staff Report PUDZ-PL20170003766-Seed to Table CPUD (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) 9.C.2 Packet Pg. 301 Attachment: Revised Proposed Ordinance - 082018 - Attachment A (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) 9.C.2 Packet Pg. 302 Attachment: Revised Proposed Ordinance - 082018 - Attachment A (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) 9.C.2 Packet Pg. 303 Attachment: Revised Proposed Ordinance - 082018 - Attachment A (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) 9.C.2 Packet Pg. 304 Attachment: Revised Proposed Ordinance - 082018 - Attachment A (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) 9.C.2 Packet Pg. 305 Attachment: Revised Proposed Ordinance - 082018 - Attachment A (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) 9.C.2 Packet Pg. 306 Attachment: Revised Proposed Ordinance - 082018 - Attachment A (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) 9.C.2 Packet Pg. 307 Attachment: Revised Proposed Ordinance - 082018 - Attachment A (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) 9.C.2 Packet Pg. 308 Attachment: Revised Proposed Ordinance - 082018 - Attachment A (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) 9.C.2 Packet Pg. 309 Attachment: Revised Proposed Ordinance - 082018 - Attachment A (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) 9.C.2 Packet Pg. 310 Attachment: Revised Proposed Ordinance - 082018 - Attachment A (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) 9.C.2 Packet Pg. 311 Attachment: Revised Proposed Ordinance - 082018 - Attachment A (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) 1 Growth Management Department Zoning Division Memorandum To: James Sabo, AICP, Principal Planner, Zoning Services Section From: David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section Date: July 12, 2018 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PUDZ-PL20170003766 REV:3 PETITION NAME: Seed to Table CPUD REQUEST: Rezone +6.33 acres from RSF-3, Residential Single Family 3 dwelling units per acre zoning district, to Commercial Planned Unit Development to permit: 1) a parking lot to serve employees of the grocery store located across Livingston Road to the east (excess parking, not that which is required by code), and patrons of the Collier Area Transit Park and R ide program; and, 2) Collier County Utilities facilities. LOCATION: The subject site is at the northwest corner of Livingston Road and Piper Boulevard/Cocohatchee Canal/Immokalee Road (CR 846), in Section 24, Township 48 South, Range 25 East. COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban (Urban – Mixed Use District, Urban Residential Subdistrict) as identified on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). Non-residential development allowed by this designation includes essential services, e.g. water and wastewater treatment plants, pump stations, etc.; the site is not eligible for commercial zoning. There is a companion GMP amendment petition (PL2017-0003768/CPSS-2018-1) to establish a commercial subdistrict to allow the proposed uses - parking lot to serve employees of the grocery store across Livingston Road to the east (excess parking, not that which is required by code) and the Collier Area Transit Park and Ride program, and Collier County Utilities facilities. Note: The subject site comprises a +6.33-acre portion of a +17.09-acre tax parcel that is owned by Collier County; the applicant is seeking a long-term land lease. Certain FLUE policies are provided below, with staff analysis following in [bold]. Policy 5.6 New developments shall be compatible with, and complementary to, the surrounding land uses as set forth in the Land Development Code. [Comprehensive Planning leaves this determination to Zoning Services staff as part of their review of the petition in its entirety. However, staff would note that in reviewing the appropriateness of the requested uses/intensities on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby 9.C.3 Packet Pg. 312 Attachment: FLUE Consistency Memo - Attachment B (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) 2 properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location, traffic generation/attraction, etc.] Policy 7.1 The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [Exhibit C, PUD Master Conceptual Plan, depicts access to Livingston Road which is an arterial road as identified within the Transportation Element.] Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [Exhibit C, PUD Master Conceptual Plan, does not depict a loop road but all portions of the proposed parking lot are served by the single access point on Livingston Road. Further, based upon the small size of the site and limited development depicted on Exhibit C, staff finds it not feasible to provide a loop road.] Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [To the east and south are road; to the west is a Collier County Utilities pump station, FPL substation, and undeveloped/vegetated land owned by Collier County (+150’ x +670’ = 2.3 acres); to the north is an undeveloped 2.5-acre parcel in private ownership and zoned RSF-3. The subject site and lands to the north are encumbered by an FPL powerline easement containing overhead powerlines. Given the surrounding land uses and proposed uses of the site, staff finds it not feasible to provide interconnections.] CONCLUSION: Based upon the above analysis, the proposed PUD rezone may only be deemed consistent with the FLUE IF the companion GMP amendment petition (PL2017-0003768/CPSS-2018-1) is adopted and goes into effect. Comment: • The PUD Ordinance needs to provide for the effective date to be linked to the effective date of the companion GMP amendment petition. (County Attorney’s Office has been reminded) IN CITYVIEW cc: Michael Bosi, AICP, Zoning Director Ray Bellows, Zoning Manager PUDZ-PL20170003766 SeedToTable R3 G:\CDES Planning Services\Consistency Reviews\2018\PUDZ dw/7-12-18 9.C.3 Packet Pg. 313 Attachment: FLUE Consistency Memo - Attachment B (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) 9.C.5 Packet Pg. 314 Attachment: PL20170003766_NDN Ad as posted 9.5.18 (6473 : PUDZ-PL20170003766 Seed to Table Oakes Farms) 13 1 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-63S2, PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED rb] PUD Rezone (PUDZ): LDC subsection 10.02.13 A. -F., Ch. 3 G. 1 of the Administrative Code F-] Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3'G. 2 of the Administrative Code F-1 PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A. -F. A PPLICANT CONTACT, INFORMATION Name of Property Owner(s) Collier County c/o Real Property Management Address: 3335 Tamiami Trail E., Ste. 101 City: Naples State.F L ZIP: 34112 a Telephone: E -Mail Address: Fax: Lessee's Agent: Name of Applicant/Agent.. Brian Howell (on Behalf of Oakes Farms, Inc.) Firm: Phoenix Associates of Florida, Inc. Address: 13180 Livingston Rd., Ste. 204 City: Naples Telephone: 239-596-9111 Cell: N/A E -Mail Address: bhowell@phoenix-associates.com State: FL ZIP: 34109 Fax: 239-596-2637 Be aware that, Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these, regulations. *Additionai Agents: *Bryan Milk, Milk Land Use and Planning Consultants, Inc. P.O. Box 111045, Naples, FL 34108;Phone: 239-370-2932; email:BryanMilkl@gmail.com *Robert J. Mulhere, FAICP, VP, Hole Montes, Inc. 950 Encore Way, Naples, FL 34110;Phone: 239-254-2000; email:bobmulhere@hmenq.com *Richard Yovanovich, Esq., Coleman Yovanovich & Koester, P.A. 4001 Tamiami Trail N.,Naples, FL 34103; Phone: 239-435-3535;email:ryovanovic@cyklawfirm.com Updated 2/01/2018 Page 1 of 11 Go*.4eily County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES., FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 REZONE— Q:,U _E T This application is requesting a rezone from: RSF-3 Zoning district(s) to the 3XIMEN Present Use of the Property: zoning district(s). Vacant/FPL Easement Proposed Use (or range of uses) of the property: Parking& Collier County Utilities; See Cover Letter Original PUD Name: Not Applicable Ordinance No.: Not Applicable INF Mg! EIR. Y P 'PRO T 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; 0 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 0 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: 24 / 48S /25E _ Lot: Block: Subdivision: Metes & Bounds Description: See Boundary Survey Plat Book: Page #: Property I.D. Number: na maloalne IZAI Size of Property: ft. x ft. = Total Sq. Ft. Acres: 6.33 Address/ General Location of Subject Property: North of terminus of Piper Boulevard at N. W. Intersection of Immokalee and Livingston Roads PUD District (refer to LDC subsection 2.03.06 C): 1� 1111111 Commercial ❑Residential ❑Community Facilities F-1 Mixed Use ❑Other: F-1 industrial Updated 2/01/2018 Page 2 of 11 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Coer, County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 T1 �Z", NP NP �4W 5E Zoning Land Use N RSF-3 FPL Eastment, Undeveloped S Piper Blvd. Terminus, Immokalee Rd. Canal, Immokalee Rd. Piper Blvd. Terminus, Immokalee Rd. Canal, Immokalee Rd. E PUD (Carlton Lakes) Livingston Road & Commercial Development w/in PUD W RSF-3 (Willoughby Acres) Single -Family and FPL Substation 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: 7, 7 �►SSOCIATICiNS 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.colliergov.net/index.aspx?page=774. Name of Homeowner Association: Carlton Lakes Homeowners Association Mailing Address: 4896 Carlton Lakes Blvd. —City: Naples State: FL Zip: 34110 Name of Homeowner Association: Carlton Lakes Master Association Mailing Address: 15770 Livingston Road City: Naples Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: I State: FL Zip: 34110 City: State: ZIP: City: State: ZIP: City: State: ZIP: Updated 2/01/2018 Page 3 of 11 Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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. See attached Evaluation Criteria 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. Updated 2/01/2018 Page 4 of 11 Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (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? 0 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? F-1 Yes FN-] No if so please provide copies. 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. f, 1 W111 a A I I of the Administrative (locie Tor ine hinvi 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. k 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. Updated 2/01/2018 Page 5 of 11 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Name of Applicant(s): Address: Telephone: E -Mail Address: Cor County 2800 NORTH HORSESHOE DRIVE NAPLES., FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NOT APPLICABLE APPLICANT:CO:NT._ RM Cell: Address of Subject Property (if available): City: State: ZIP: City: State: ZI P: Fax: NOT APPLICABLE Section/Township/Range: _J� Lot: Block: Subdivision: Metes & Bounds Description: Plat Book: Page #: Property I.D. Number: 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: Updated 2/01/2018 Page 6 of 11 E PEOF SE.WA VV E' Check applicable system: NOT APPLICABLE a. County Utility System H b. City Utility System C. Franchised Utility System Provide Name: d. Package Treatment Plant (GPD Capacity): e. Septic System UY Check applicable system: County Utility System NOT APPLICABLE ❑ a. 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: Updated 2/01/2018 Page 6 of 11 Caoe.r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.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. NOT APPLICABLE 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. NOT APPLICABLE 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. NOT APPLICABLE Updated 2/01/2018 Page 7 of 11 Co ger County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES., FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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 an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to V 11a e' .5 M e, 0C n" i h e: �1 C!P.r .7,b'de"11' QJI�P U t each section. I n**' c- im".`f"i "u' itta i e M .p e. e-.1 I N$E.RT'1'1:N:K-*. REQUIREM NTS -0P1ES.*":' RE QUIREO., -NOT.:, Cover Letter with Narrative Statement including a detailed description of why amendment is necessary Completed Application with required attachments (download latest version) Pre -application meeting notes Affidavit of Authorization, signed and notarized Property Ownership Disclosure Form Notarized and completed Covenant of Unified Control 1V11 Completed Addressing Checklist 1F71 V\J Warranty Deed(s) 1 0 Li List Identifying Owner and all parties of corporation Signed and sealed Boundary Survey Architectural Rendering of proposed structures 1 21 Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated,. FLUCFCS Codes with legend included on aerial. 1 Statement of Utility Provisions Environmental Data Requirements pursuant to LDC section 3.08.00 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. Q ❑ [✓ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. F 21 Traffic Impact Study 1._[Z] EL Historical Survey School Impact Analysis Application, if applicable Electronic copy of all required documents Completed Exhibits A -F (see below for additional information)' El 2✓. 1:1 List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) F] ✓ Checklist continues on next page Updated 2/01/2018 Page 9 of 11 Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 Y2" x 11" copy ❑1-1 ❑ Utilities Engineering: Eric Fey - f 74 OriginalPUD document/ordinance, and MasterPlan 24"x36"—Only if Amending the PUD Immokalee Water/Sewer District: o ✓ ❑ Revised PUD document with changes crossed thru & underlined Copy of Official Interpretation and/or Zoning Verification 1 V( *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: El Exhibit A: List of Permitted Uses 0 Exhibit B: Development Standards n Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code 0 Exhibit D: Legal Description 0 Exhibit E: List of Requested LDC Deviations and justification for each 0 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: E] School District (Residential Components): Amy Lockheart 0 conservancy of SWFL: Nichole Johnson ❑ Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams & David Berra Emergency management: Dan Summers Immokalee Water/Sewer District: City of Naples: Robin Singer, Planning Director Other: . . ..... --JA ED ASSOC ,'T I 9 Pre -Application Meeting: $500.00 ® PUD Rezone: $10,,000.00* plus $25.00 an acre or fraction of an acre 0 PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre 0 PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre ® Comprehensive Planning Consistency Review: $2,250.00 0 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 0 Listed or Protected Species Review (when an EIS is not required): $1,000.00 ® Transportation Review Fees: o Methodology Review: $500.00, to be paid directly to Transportation at the Methodology Meeting* *Additional fees to be determined at Methodology Meeting. e Minor Study Review: $750.00 o Major Study Review $1,500.00 Updated 2/01/2018 Page 10 of 11 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www-colliergov.net ® Legal Advertising Fees: CCPC: $1,125.00 BCC: $500.00 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 [I 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 51 and subsequent re -submittal will be accessed at 20% of the original fee. LeVN,- Signature of Petifloner or Agent Dat & L Printed na4. d of signing party Updated 2/01/2018 Page 11 of 11 FOR PETITION NUMBEIRS(S) SEED TO TABLE CPUD (PUD2-PL-20170003766) AND SSGMPA (PL-201700037681CPSS-2018-1) 1, FRANCIS A, OMES, III (print name), as DIRECTOR PRESIDENT (title, If applicable) of OAKES FARMS, INC. I I - -(company, 11 licable), swear or affi under oath, that I am the (choose one) WA& doNdAylt WW#WfM"*rnand that: LOSSEE 4 1 1 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in t ' his application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of 'Investigating and evaluating the request made through 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. Well authorizeBRYAN MILK, RICHARD YOVANOVICH & 808 MULHERE to act as our/my representative in any matters regarding this petition Including I through 2 above. *Notes: * If the applicant is a.corporation, then it is usua/1 executed by the corp. pres. or v, pres. Y a If the applicant is a Limited Liability Company (L.LC.) or Limited Company (L.C.), then the documents should t icallybesignedby the Company's."Managing Member.-" YP 9 If the applicant is a partnership, then typically a partner can sig* n on behalf of the partnership. If the applicant is a limited partnership, then the general partner must sign and be identified as the "general pattnee of the named parthersh' 1P. If the applicant is a trust, then they must include the trustews name and the words "as trustee". In each Instan * ce, first determine the applicant's status, e.g., Individual, corporate, trust, partnership, and then use the approp'fiate format for that ownership. I The foregoing instrument was swom to (or affirmed) and subscdbed before me on (date) by (name of person providing oath or affirmation), as NA0, _ff or who has produced is personall known to (type of identification) as Identification. ............ --- - ------- ature of Notary 136b, C REBECCA NIFUIr. commission ,., ;542 E my cornmistsion E _;Pir FebrUCH y 26. 202_1_____ lig, ]REV 3/24/14 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) 37boc" A —P 6w,4"v title, if 0 ( I, IV as name, applicableof.(company, If appli'ca"ble'"'), swear or affirm ) , .......... under oath, that I am the (choose one) owne'r applicant =66rittadt. purchaterf. and that: 1 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the appro,' 4.66t!6n. 01 5. Well authoriz'e" L l to act as our/my representative tonin 1. ' in any matters regarding this petitkd6di n . g 1 through 2 above. *Notes: I If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L. C.), then the documents should typically be signed by the Company's "Managing Member. If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. * If the applicant is a trust, then they must include the trustee's name and the words "as trustee". * In each instance, first determine the applicant's status,, e.g., individual, corporate, trust, partnership,, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts-'-S-�te : i it are ttu'e.. ren 2 L/ Date " 6L :AVWff_ 14 .(date) by to.ir d instrument was sworn to (or affirmed) and subscribed before me Thef 'i' on rTV —,(name of person providing.. 1th; 6- r'M tKb h), as who is personally known to me or who has produced K t (type of identification) as identification, VT STAMP/SEAL Signature o ry Publi ic ..... ... ... . ........... A, LISSETT DE LA ROSA MY COMMISSION # FF981281 W A s6 L EXPIRES April 12, 2020 (40t),3W-053 FWdallotary$erAm-c,= CP\08-COA-00115\155 REV 3/24/14 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,, FLORIDA 34104 www.colli*ergov.net (239) 252-2400 Pre-Application Meeting Notes Pet oh' Typ e - Date amd T' Assigned Planner: Fred Reischl Engineering Manager (for PPL's and FPs): . . . .......... Project Name: Seed to Table - Additional Parking P e' Property QO 17 C el PropertylD#: 162960004 Current Zoning.- .4925 LivingstonMaplesProject Address,State, FL zit): 34110 Applicant. Phoenix Associates of South Florida Agent Name,: Phone. 239-596-9111 -AgSaFL 34109 ent/Firm Address: 13180 Livingston Pd fy:204 NapleRete, Zip: PropertyOwner: Collier County -- Please provide the following, if applicable: L Total Acreage: 17 .0 9 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 1 1 of 5 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 wwwxollier . net (239) 252-2400 Mweeting Notes It As of 10/16/2017 all honing applica have revised applications., and your associated Application is I*ncluded in your notes; add , i �tionallya *new Pro erty Ownership D I isclosure P Form 'i's required for all applications. A copy of Wis new form 'is 'Included 'in your pre -app Disc, h-3,1mew Information provid'ed by sur ff to applicant dunyng the Pre -Application Meeting is based on Iffie best avaflab;le data at the time of the meeting and may not fullyInform the applicant of issues that could arisle- dun'ng the process,,The Administrative Codeand LDC dictates the ,e regulavdns vvh all applications must satisfy. Any checklists provided of required data for an applic,ation may nott rl oudkie vhat is needed. Itis the applicant's res.,ponsibility to provide all reg utreof clata. Updated 10/13/2017 Page 1 2 of 5 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coll*IM—Ov.net (239) 252-2400 N N No OWN MleeAj"ng Notes z4 _71 coQ 11 ol 10F ", 111! MOORE;! Ar IN f Li A -U -A-0 j A -N DIScIalme1r.f m d n pr(olvideld 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 en'se dun'ng the process. The Administrative Code and LDC cid's- tes tiisregg lalions 1wh't-,-h all a.0p#catk)ns must satisfy. Any checklists provided of required cy'a �As d dr.,,i For an appilication •n'Tay not fibflly outfine what i needed. It I's the applicant's responsibility to p,mvide all.requ-ired data, Updated 10/13/2017 Page 1 3 of 5 COLLIER COUNTY GOVERNMENT 2800 NORTH HO". GROWTH MANAGEMENT DEPARTMENT wwwxol-liergov. net (239) 252-2400 Name Review Discipline Pane Email E David Anthony Environmental Review 252-2497 davidanthony@colliergov.net _. Summer Araque Environmental Review 252-5290 sum merbrownaraque @ colliergovnet C; Claudine Auclair Mid operations and Regulatory Management 252-5887 claudineauclair@coll'iergov.net 01 Steve 8aluch Transportation Planning 252-2361 step hen baluch@coll iergov.net F.] Ray Bellows Zoning, Planning Manager 252-2453 raymondbellows@colliergov.net .. Laurie Beard PUD Monitoring 252-5782 lauriebeard @coiltergov.net Craig Brown Environmental Specialist 252-2548 craigbrown@colliergov.net :.: Heidi Ashton 0icko Managing Asst. County Attorney 252-8773 heidiashtoncolliergov.net John De3lasis Zoning Services / Planning Tech 252-1050 johndeblasis@colliergov.net Kay Deselem Zoning Services 252-2586 kaydeselem@colliergov.net rale Fey North Collier Fire 597-9227 dfey@northcollierfire.corn Eric Fey, P.E. Utility Planning 252-1037 erlcfey@colIiergov.net Tim Finn, AlCP Zoning Division 252-4312 timothyfinn@coiliergov.net L. Sue Faulkner 'Comprehensive Planning 252-5715 suefaulkner@colliergov.net LJ Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net .carnes French Growth Management Deputy Department Head 252-571:7 jamesfrench@c©llier"gov.net ["'I Michael Gibbons Structural/Residential Plan Review 252-2426 m ichaelgi bbons@ coiliergov.net E", storm Gewirtz, P.E. Engineering Stormwater 252-2434 stormgewirtz@coiliergov.net E fancy Gundlach, ATOP, PLA Zoning Division 252-2484 nancygundlach@colliergov.net I ,Shan Hingson Greater Naples Fire District 774-2890 shingson@gnfire.org C John Houldsworth Engineering Subdivision 252-5757 johnhouldsworth@colliergov.net Ei Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net 1.1 Alicia Humphries Right -Of -way Permitting 252-2320 aliciahumphries@colliergoV.net _. Marcia Kendall Comprehensive Planning 252-2387 marclakendall@colliergov.net --.' Jahn Kelly Zoning Senior Planner 252-5719 johnkelly colliergov.net E_` Garrett Louviere, P.E. Transportation Planning 252-2526 garrettiouviere@colliergov.net L..� Thomas l astroherto Greater Naples Fire 252-7348 thomasmastroberto@colliergov.net `.. Jack McKenna, P.E, Engineering Services 252-2911 jackmckenna@colliergov.net ....° Matt McLean, P.E. Development Review Director 252-8279 matthewmclean@colliergov.net Updated 10/13/2417 Page 1 4 of 5 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colLielgov.net t800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 t239) 252"2400 Michele Mosca, AICP --- Capital Project Planning --------- 252-2466 michelernosca @colliergov, net El Annis Moxam Addressing 252-5519 annismoxam@colliergov.net r] Stefanie Nawrocki Development Review - Zoning 252-2313 stefanienawrocki@colliergov.net Richard Orth Stormwater Planning 252-5092 richardorth@colliergov.net. E Brandy Otero Transit- 252-5859 brandyotero@coll'iergov.net L Brandi Pollard Utility Impact fees 252-6237 brandipollard@colli*ergov.net V"Fred Reischl, AICP Zoning Division 252-4211 fred reischl @coil iergov.net Todd Riggall North Collier Fire 597-9227 triggaII@northcoil!erfire.com Daniel Roman, P.E. Engineering Utilities 252-2538 danielroman@colliergov.net L -J Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brettrosenblum@colliergov.net James Sabo, AICP Zoning Principal Planner jamessabo@colliergo.net kchael Sawyer Transportation Planning 252-2926 micha elsawyer@colliergov.net Corby Schmidt, AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net Chris Scott., AICP Development Review - Zoning 252-2460 chrisscott@colliergov.net Peter Shawinsky rchitect irai Review 252-8523 petershawinsky@colliergov.net V.'camden Smith Zoning Division Operations 252-1042 camdensmith@coll*iergov.net. + Scott Stone Assistant County Attorney 252-5740 scottstone@colliergov.net Mark Strain Hearing Exam'lner/CCPC 252-4446 markstrain@colliergov.net U'0111`�'Mark Templeton Landscape Review 252-247S marktempleton@colliergov.net Jessica Velasco Zoning Division Operations 252-2584 j*essicavelasco@colliergov.net Jon Walsh., P.E. Building Review 252-2962 jonathanwalsh@colliergov.net David Weeks, AICP Comprehensive Planning Future Land Use Consistency 252-2306 davidweeks@colliergov.net LJ Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net Christine Willoughby Development Review -Zoning 252-5748 christinewilloughby@colliergov.net 1 1 i M + ot, m 111 Pag,,e 1 5 o c> LMi4' c-, Y\ COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierLoy.net Final -1.5sabmittal I eqt'flirement Checkh'.Tt for-, �_J F)UD Rezonej�- Ch. 3 G, 1 of the Ad mi n istrat i've Code Ch�, 3 G,, 2 of the Administrat' e C de Amendment to PQD P k' g" IUD to PUD Rezone- Ch. 3 GZ,:1 of the Adm'n"sWv trat"ve. C ode 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (2139) 2.52-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. 10/15/2017 Page 9 of 14 NIOT REQUIRED Cover Letter with N rrative Statement including a detailed description of why amendment is necessary Completed Application with required attachments MGM Pre -application meeting notes -- ---------------------- - - - - ----- ---- ----- Affidavit of Au't.horization, signed and notarized Pro,)e isclosure Form p qy Ownershjp P Notarized and completed Covenant of Unified Control 1 _qheckl*st f,O�Mleted Address'Dj Warranty Deed(s) List Identifying Owner and all parties of corporation M 0_4 M ME Signed and sealed Bo-undary Survey Architectural Rendering of proposed structures Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCKS Codes with legend included on aerial. Statement of Utility Provisions Environmental Data Requirements pursuant to LDC section 0+1 00 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. Listed or Protected Species survey, less than 1Z mont hs old. Include copies of previous surveys. Traffic Impact Study Historical Survey - ------- OM 0 :lull= Electronic copy of allrequired documents j OEM List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) Revised Conceptual Master Site Plan 24" x 36"and One 8 Y2" x 11" copy i Original PUD document/ordinance, and Master Plan 24" x 36"' — Only if Amendthe PUD ing ---------- mom 10/15/2017 Page 9 of 14 r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www,collierggLv.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX*,, (239) 252-6358 Checklist continues on this page Revised PUD document with changes crossed thru & underlined I*lf located in Immokalee or seeking affordable housing, include an additional set of each submittal -Leqy�irement 'The following exhibits are to be completed on a separate document and attached to the application packet-, I Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhib"t C. Exhibit D: Legal Description :1 Exhibit E: List of Requested LDC Deviations and justification for each I Li t om s of Development C mitments Exhibit F. If located in RFMU (Rural Fringe Mixed Use Receiving .and Areas Pursuant to LDC subsection 2.03.08A2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan," Jig': I WA o School District (Residential Components): Amy F� conservancy, of SWFL: Nrchole chole Johnson Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams & David Berra Emergency Management.- Dan Summers - El Immokalee Water/Sewer D'istrict. City of Naples: Robin Singer, Planning Director Other: A AT IVIA1111111-141114MI WILOMWUPIA I Ie4l I 1A #I*-12;4Pk7N;r. NIV441M Is I I A] kA *%Igo tU14:3 A's 411 liTzl'W14141 iftZhIliTA tI`#.A MT Listed or Protected Species Review (when an EIS is not required): $1000.00 Transportation Review Fees: 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 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www"C010grg I , _qvnet :1 Legal Advertising Fees.- * CCPC: $1,125.00 * BCC: $500.00 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 2S2-6358 0 School Concurrency Fee, 'if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having Jurisdiction. The Land Development Code requires Neiahborhood Notification moilers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package, I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5' and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent Printed named of signing party Date 10/15/2017 Page 11 of 14 Project Description.* Based on discussion and direction today at the BOCC meeting, we would like tu#, move forward and schedule a pre -application meetina- with all applicable staff for a PUD and GMPA for the Seed to Table Joint Use Parking Lot. Under Florida Law, e-mail addresses are public, records, If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3 Piper BWd p Naples, Florida 1 Google, Inc. Street Mew - Dec 2014 i 1 i 0 r 111 7- - .. Ir -= a�►' Ir i .�• ti_ ,d ,. - . .i.Y:.'�f�r�t..l' .. :' � ��YY"S V' � 'y�`ri 7 .� ��t.__..t 4:. �_� 1 ' ` 'R':�F��,7�1"'... Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 F A T �wN RP�sosc�R$ P IQ e 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 oercentage of such interest: 13 Name and Address I %of Ownership I 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 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 Dercentaae of interest: I Name and Address I %of Ownership I Created 9/28/2017 Page 1 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 701 e. f. A Co er County 2800 NORTH HORSESHOE DRIVE NAPLES., FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the gpnp-ral and/or limited partners: I-- - Name and Address I %of ownership I LEASE WITH COLLIER COUNTY - LESSEE NAME If there is a E:0NTRAUf0R4WRCKA8E, 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 Oakes Farms, Inc. 100% 7695 Santa Cruz Court, Naples, FL 34109 Francis A. Oakes., III, President Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or 01 •r KU dWFPU1dL1Ull1 Pdl tilt=[ -Mipy U1 LlUaL, Name and Address 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 3 000" County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWrH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collie[gov.net (239) 252-2400 FAX: (239) 252-6358 Date option terminates: -, or Anticipated closing date: 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 4 2xv Agent/Owerr Signqt!re te Agent/Owner Nme (please print) Created 9/28/2017 Page 3 of 3 RRC: PRM Win. ...-MMMY BMW INT INDmade THIS.," WARRANTY: the day of ., 1990-" by.-JOIM.-*J-'MAURIEL INDIVIDUALLY TRUSTEE, .here iHafts calle'd, the-OrAntori -a Political aubdi.visiion 0 ca the Stai of- Fli iidal.'who's' oat office address is3301 Tamiami eFlorida p Trail' E'�'_ Naples,' ril., ' 33962 hereinafter' called' the granteeial '*its.-su0cesuorf3j. and. assigns,,, andlliaensees WrMSSETN That the' -grantor,,' for and in considerati of ". • the sum ..'of .,TEN -DOLLARS and other good and -valuab C= consid6ra'tiohs.. receipt i4hereof, fa hereby acknowledged, herelb "pop W n grantso -bargainsp -sells'#, -aliensp remises, releasest conveys an 'situate te J. confirms. unto the grantee# all that certain land i =Collier Countyl'rloridar viz: The East half of the Southeast quarter of the.Southeas East, quazter of- Section 24, Township 48 South, Range 25 East Collier County, Florida. LESS AND EXCEPT the West 3 feet, and South 100 feet for right-of-way and drai nag easement. Also described'as Lots 125, 126t 127 and 128 C= "palm River Estates Extension* SEE EXHIBIT A ATTACHED cm C" HERETO AND MADE A PART HEREOF* 'HIS", IS NOT THE HOMESTEAD - OF THE GRANTOR WHO RESIDES AT. 313 C" -RIVIERA DRIVE,'NAPLES,FLORIDA j Property ID #00162960004 C) .1 TOGiSTBIZIME with all. the. tenements, hereditaments and thereto belonging or inanywise appertaining. appurtenancestainin4e To AV ANQ��,�,..-� �ffme in fee simple forever* AND.th vdere is with said granted.that in fed that th'e: grantor. is -ly seized of i� and simples the* grantor h. right and lai4f 1 ut rity to sell and conve said land= at --g-ra-ktor he',eby f ly warrants the title t the lawful ol ni - a d Uddelm Iga ns claims id'. la d �end e a e '� -h . all :all P'e'rson w omsoevei _�a th sai nd is free * of encumbrance eq en t to' December 31, 9, 1989, restr ct n w a i n e e ent of record* he ntor has signed and sealed them sents the day a yea fi above written. Signedy seal d delivered An.our pe Al -RAURIEL INDIVIDUALLY. AS TRUSTEE -STATE OF FLORIDA' COUNTY OF COLLIER that on this. day, before -.mer. an I HEREBY CERTIFY office in the State aforesaid and in the County afor'6sai duly authorized . to - take acknowledgments,. personally appeared JohnJ. Maurielf t 'th me known to . be the• person described in and 'who' executed that he. executed foregoing instrument and acknowledged before, me the same. WITNESS my hand and official se 1 in -the County and State' last' aforesaid 'this ' day of ;-.1990 LAW OFMCES NQ1 (SEAL) My Commission Exvire's: -, -:' �� "'. , C. A. MURPHY .VINCENT MURPHY' ro. 8a. 0 I Ott. a 0. .. R .3810 N. AMPORT RID. THIS INSTRUMENT PREPARED BYzCOif PAUL :24j-fq92' t WLES, nORIDA VINCENT MURPHY, ATTORNEY AT L AW k4l,.TFA,�,Vyt aawz This- Proodity been 3810 NORTH AIRPORT ROAD, SUITE%Aacquired wxlw 'frm NAPLES, FLORIDA 33942, threat of cor4a=tion and is exenpt WITHOUT: OPINION documntary staW tax in accordance with F,A,,C' Mle 12B-49014 (15) (b) i ... p1—voi,; � cm .. :�� ' CJI • .. '. ` .: , � � �, ' I o �ccz =IIto N �00 / '4• 13+ W, 5/ 340' wwo oe rrAl •,. is .s:•• �; •: ai P ' . 4, o& • � f.�T l 3 Po> e+► 1240ACM, .5 1Wp KAL 'y NoTts MIMS 8I~K SON REFER TO AN ASSUMED 8EAR1 NC3 ..OF .• 0!4S' t>k'i " E. �,ALC3VCi THE EAST, L I NE OF THE SOUTHEAST .1 ! 41 OF ' - '': • :SEC,T I C N 24 r . 'TOWNSH I P 4 S • SOUTH FSE 2 5 EAST i,C OLL 1 ER OOUWY : ! -.-,FLORIDA* 'SUBJECT, TO; EAskMENTS, RESERvAT I ONS OR RESTRI CT I «NS OF RECORD. ; :PAFi EL 70 . PAfiEW TRACT : t� ' r AL DE I PT t ON REFERENCES R is 1 N 0OX BOOK 1.1 AT ' Pte•• 103, 1037 , AND 1038 OF THE PUBS. I Cs oF..00LLj ER 40UM'Y,. FLORIDA. • ,i AMGEL 70.(-- PAF=L TAKE • /'' y NOT A SURVEY '. • RvVxd;4,iWJ Wt„biod in official Rocwds of ' COLLIER COUNTY. FLORIDA ' JAMES C. GILES, CLERK Go: DALE SI DIAT M,q, i►�o/ 7] A', �K M'T'GN `io" A,GGOMPAWY SF.Cilt�i '24 Nl�l, 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 day of � �'[1140 18, 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." 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. 1.25.045 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 acbievement 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 farther that "'it constitutes a public purpose to expend public funds for economic development activities, including, but not limited to, developing or improving local inftastructure, 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 enterpn-ses for the expansion of businesses existing in the community or the attTaction 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' fall agreement with respect to the matters stated therein, and each of these two agreements is dependent upon the other; and WHEREAS, 0 A , it is the Board's finding that it is in the public interest to lease this pr pe y to Lessee on the terms and conditions set forth below. W I T N E S S E T H: 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 A(s follows: Conv ce. On the terms and conditions set forth in this Ground Lease, and i consideration of Lessee's performance under this Ground Lease, the Lessor conveys to the Lesse the present possessory interest in the Leased Land described below. i 2. Desc *n'on of Leased Land. The Leased Land which is the sub ect of this Ground ptj Lease is set forth and identified in Exhibit "Ahereinafter referred to as the "Leased Land or Premises." 3. Conditions to Conveyance. Lessee warrants and represents to Lessor that it ha 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: I 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. A-ny questions of title and survey that may arise in the future; and d. Lessee's satisfactory performance of all terms and conditions of this Groun4, 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 Lar4 A`s follows: Page 2 of 12 lit wl- ■ 4io 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"), sit--W- development plan approval ("SDP"), South Florida Water Management District permit and other federal, state and local pen -nits (hereinafter collectively referred to as ("Goverm-nental 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 ten-ninated earlier by the Parties, shall terininate on the 20 -year anniversary date of this Ground Lease. Unless either party gives the other party at least one year's inotice in advance of the renewal term,, the term shall automatically renew for two additional '*e "ods 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, irnpact fees and obligations of any kind that relate to the Leased Land. Lessee will indemnify and hold Lessor harmless from any and alt claims, costs,,and obligations arising from Lessee's use of the Premises. In case any action or proceeding is br6ught 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 %:... Lessee shall not in any way encumber the Premises, and shall promptly remove any and all liens placed aaainst 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. Lesseetss- 0--,b1i,1 tion to M, -,a, 1.nfain Vr=.Ses an�i CO nn Re uirements. 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 sball 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 OZEEM 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 EnioYment. 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 f or State government. Lessor will use its best efforts to mate 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. 11 1 14. Termination and Surrender. Unless otherwise rautually agreed by the Partie within thirty (30) days after termination of the lease tenn, Lessee shall redeliver possession of th Premises to Lessor in good condition and repair. Lessee shall have the right at any time durin Lessee's occupancy of the Premises to remove any of its personal property, equipment, and sign provided, however, at the termination of this Ground Lease, Lessor shall have the option of eithe: requiring Lessee to demolish and remove all improvements made by Lessee to the Leased Lan upon Lessee's vacation thereof, or to require Lessee to retain said improvements with fixtures o the Leased Land which improvements and fixtures will become the property of the Lessor upo Lessee's vacation of the Premises. 15. Assigament. This Ground Lease i's personal to Lessee. Accordingly, Lessee ma not assign this Ground Lease or sublet any portion of the Leased Land without the express prio written consent of the Lessor, which consent may purported 7e! withheld in Lessor's sole discretion. An assignment or sublet without the express written consent of Lessor shall be considere void from its inception and shall be grounds for the immediate tennination of this Lease. Lesso may freely assign this Lease upon written notice to Lessee. �1 16. Insurance. a. Lessee shall provide and maintain a Commercial General Liability insuranc. policy, approved in writing by Lessor and the Collier County Risk Managemen'l Department, for not less than Three Million and 00/ 100 Dollars ($3,000,000.00) combine N single limits during the term of this Ground Lease. If such amounts are less than goo insurance industry pacticwulruir, Lssr, rsee rvs the right to increae se thsr insurance limits by providing Lessee with at least sixty (60) days' advance notice to do si re od eqeeoe Page 5 of 12 b. In addition, Lessee shall provide and maintain Worker's Compensatiol Insurance covering all employees meeting the then existing Statutory Limits in complianci with the applicable state and federal laws. The coverage shall include Employer's Liabilit, with a rninimum, limit of One Hundred Thousand and 00/100 Dollars ($100,000.00) pe each accident. If such amounts are less than good insurance industry practice woul( require, Lessor, reserves the right to increase these insurance limits by providing Lesscw with at least sixty (60) days' advance notice to do so. I I d. Failure to cohtinuously abide by all of these insurance provisions shall bm 4-eemed to be a material breach of this Ground Lease and Lessor shall have the remediel set forth below. I 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: 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 wfitten 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 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. A iv. Amy 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 iling remains unreleased for a period of sixty (60) days from the date of f 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 (9 0) 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 terniinate as well. 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 mariner it so chooses and shall not be liable to Lessee for such disposal. 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, whichever is higher ("Default Rate"), which interest shall be promptly paid by Lessee to LeSSOT. 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 1 - ay 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: 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 M 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 th length of time that the respective breach may have continued. i I MEN 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 juri sdiction. 19. This Ground Lease contains the entire agreement of the Parties with respect to th matters COVeTed by this Ground Lease and no other agreement, statement or promise made an party, or to any employee, officer or agent of any party, which is not contained in this Groun 1*1 Lease shall be binding or vana. Time is of the essence in the doing, performance and observatio of each and every term, covenant and condition of this Ground Lease by the Parties. I 20. In the event state or federal laws are enacted after the execution of this Grouni Lease, which are applicable to and preclude in whole or in part the Parties" compliance with the 'A, then in such event this Ground Lease shall be modified or revoked as Lerins of this Ground Lease, 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 sball be given to the Parties set forth* below and shall be made by hand delivery, facsimile, ovemight 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 ftom actual receipt of the notice. Time shall run only on business days which, for purposes of this Ground Lease sball be any day other than a Saturday, Sunday or legal public holiday. Notices shall be addressed as follows: 1f to Lessor: County Manager Collier County Manager's Office 3301 East T Trail Naples, Florida 34112 CC: Real Property Managemet 3301 •' y' Trail Building W Naples, Florida 34112 Page 9 of 12 Ifto Lessee: Alfie Oaks 7695 Santa Cruz Court Naples, FL 34109 CC Steve Bracci5 Esq. 9015 Strada Steil 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 overrdght delivery service. 41P 9 WAW9 W_"_j wit 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 causeii 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, abnon-nal weather condition, hurricanel floodl lightning, wind, drought, and the, binding order of any govemmental authority. 1 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-su b- 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 mad aware of the following: Radon is a naturally occurring radioactive gas that, when it ha accumulated in a building in sufficient quantities, may present health risks to persons who ar exposed to it over time. Levels of radon that exceed federal and state guidelines have been foun Page 10 of 12 in buildings in Florida. Additional information regardinfz 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 b the Board of County Commissioners. This Ground Lease may be recorded by the County in th 'I Official Records of Collier County, Florida, within fourteen (14) days after the County enters int this Ground Lease, at Lessee's sole cost and expense. IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Ground Leas the day and year first above written. I P-9-1 itness (signature.. print name) V Witness (signature) _GU;s-7W%1 1 (print name) ATTEST: DWIGHT E. BROCK, Clerk 0 Deputy Clerk Jeffrey A. Klatzkow, County Attorney Oakes Farms, Inc. 0 'Ile .44 74M (Print Name and Title) 11'OARD OF COUNTY COMMISSIONERS:, COLLIER COUNTY, FLORIDA 0 Andy Solis, Chairman Page 11 of 12 EXHIBIT A (Desciiption of Leased Land) Page 12 of 12 EXHIBIT A (Description of Leased Land) This Economic Development Agreement (hereinafter referred to as "Agreement") is entered into this day of 1) 20183 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 Fanns, Inc., a Florida corporation (hereinafter referred to WHEREAS, Collier County enjoys broad Home Rule Powers, which include the authority to enter into agreements to enhance economic development within the County; an -,,i WHEREAS, Florida Statute See. 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 vublic funds for economic development activities, including, but not limited to, developing or improving local infrastructure, p or industrial or manufacturing issuing bonds to finance or refinance the cost of ca ital projects f 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 tho* WHEREASI Employer has purchased a long -vacant commercial building formerly utilized as an Albertson's Supennarket located at 4835 Immokalee Road, Naples, Florida, on the east side 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; P age 1 WHEREAS, it is anticipated that Employer will be hin'ng several hundred workers for this WHEREAS, there is insufficient parking at the facility to handle the employee parking WHEREAS, Collier County is the owner of a vacant parcel across the street from the facility, identified as Parcel No. 00 162960004 on the Property Appraiser's rolls; anI WHEREASI Collier County acquired the vacant parcel in 1990 for purposes of establishin.1 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 thi west side of Livingston Road, as depicted in Exhibit B, to Employer on the terms and condition!, - set forth below and in the Lease Agreement attached as Exhibit C, which terms Employer il fzgreeable to; =4 WHEREAS, the Board expressly finds that the opening of this facility and development of W 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 ML� The foregoing Recitals are true and correct and are incorporated by referenci 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 ma' include termination. Upon such termination, neither party will have any further obligation to o claim against the other with respect to any of the matters set forth in this Agreement and the Leas] AM" 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 anyjoint 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: ...... . . . . ... . ... . ... , Deputy Clerk Andy Solis, Chairman Approved as to form and legalitr Jeffrey A. Klatzkow, County Attorney Signed, sealed and Delivered in the presence of: By: Pent Printed Name STATE OF FLORIDA 1 TT -77 COUNTY OF The foregoing Agreement was acknowledged before me this �;k�day ofWcV&6�,12018, by CUcC----,6 = ., who is personally known to me or has produced as proof of identity. [NOTARIAL SEAL] Poke KIM E LATTIMER M 01MMISSION 0 GG122298 YC EXPIRES July 06, 2021 ........ ..... . . . . . . . signa(ure of Person Taking Acknowledgment Page 4 EVALUATION CRITERIA SEED TO TABLE CPUD 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, The CPUD is located in the County's "Urban" designated area. There are no limitations as to the physical characteristics of the land, access, drainage, or utilities to the site that would limit its suitability for the proposed use of parking for CAT Park and Ride system, access for CAT vehicles, and additional employee parking for nearby commercial redevelopment site. B. Adequacy of evidence of unified control and suitability of agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that 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. The property is owned by Collier County. The improvements necessary to develop the parking would be the responsibility of the commercial entity leasing a portion of the parking (for employee parking) as would the responsibility for maintenance of the parking area. C. Conformity of the proposed PUD with the goals, objectives, policies, and the Future Land Use Element of the Growth Management Plan. (This is to include identifying what Sub -District, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -District, policy or other provision.) The proposed CPUD falls within the Urban Residential Subdistrict as designated on the County FLUM. The companion SSGMPA seeks to create the Seed to Table Commercial Subdistrict, and within that Subdistrict to allow for limited uses, including parking for CAT Park and Ride system, access for CAT vehicles, and additional employee parking for the nearby commercial redevelopment site. Assuming the proposed SSGMPA is approved, the PUD will be consistent with all applicable GMP Goals, Objectives and Policies. Compliance with additional GMP provisions. Policy 1.1: Unless otherwise permitted in this Growth Management Plan, new or revised uses of land shall be consistent with designations outlined on the Future Land Use Map. OBJECTIVE 7: Promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of the Collier County, where applicable, and as follows: Page I of 4 H:\2018\2018009\WP\PUDZ\Evaluation Criteria (3-1-2018).docx Policy 7.1 The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. The property fronts on and has access on an arterial roadway (Livingston Road). The PUD provides for access to this County utility site and to the adjacent FPL Substation. Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals, The CPUD master plan provides access to Livingston Road as well as parking for users of the CAT Park and Ride system, as well as ingress and egress for CAT vehicles, which will have the effect of supporting transit use and reducing vehicle congestion. Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The proposed uses will not create new vehicle trips. Interconnection is proposed to Piper Boulevard for Cat Park N Ride Service. Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. This is not applicable to this CPUD. Policy 7.5 The County shall encourage mixed-use development within the same buildings by allowing residential dwelling units over and/or abutting commercial development. This policy shall be implemented through provisions in specific subdistricts in this Growth Management Plan. This is not applicable to this CPUD. Policy 7.6 The County shall explore the creation of an urban "greenway" network along existing major canal banks and powerline easements. This is not applicable to this CPUD. Page 2 of 4 H:\2018\2018009\WP\PUDZ\Evaluation Criteria (3-1-2018).docx Policy 5.1 of the Transportation Element notes that all rezoning applications shall consider the impacts on the overall system and shall not approve any such request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable level of service within the five year planning period, unless specific mitigating stipulations are approved. By providing enhanced access to the CAT system, the project will have a beneficial impact. Policy 9.3 of the Transportation Element shall require, wherever feasible, the interconnection of local streets between developments to facilitate convenient movement throughout the road network, 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. Land uses adjacent to this CPDD are as follows: North: RSF-3 zoned (FPL Easement) South: Piper Boulevard terminus, then Immokalee Road Canal, then Immokalee Road East: Livingston Road, then commercial development within Carlton Lakes PUD West: FPL Substation, County -owned vegetated and, RSF-3 (Willoughby Acres) The CPDD contains design requirements related to perimeter landscaping to provide adequate buffers from surrounding properties. Page 3 of 4 H:\2018\2018009\WP\PUDZ\Evaluation Criteria (3-1-2018).doex E. The adequacy of usable open space areas in existence and as proposed to serve the development. The proposed CPUD provides more than adequate open space. F. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. All necessary improvements and facilities are already in place to serve this development. G. The ability of the subject property and of surrounding areas to accommodate expansion. There are no issues that would limit the ability of the subject property or the surrounding areas to accommodate the 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. The PUD conforms to the LDC regulations, or contains deviations, where appropriate. Page 4 of 4 H:\2018\2018009\WP\PUDZ\Evaluation Criteria (3-1-2018).docx REZONING CRITERIA SEED TO TABLE CPUD 10.02.08.F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08.E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. The proposed change is consistent with the Future Land Use Element (FLUE) goals, objectives, and policies, and Future Land Use Map (FLUM), and the goals, objectives and policies as applicable, of the growth management plan. 2. The existing land use pattern. The proposed CPUD is compatible with the existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. This amendment will not create an isolated district unrelated to adjacent and nearby district. The CPUD is located at the intersection of two major arterial roadways. There are commercially zoned properties nearby, and the site has adequate size to allow for buffering between this very limited commercial use (parking) and adjacent properties. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Existing district boundaries were logically drawn in relation to existing conditions on the property proposed for change. 5. Whether changed or changing conditions make the passage of the proposed change necessary. Changing conditions do not make the passage of the proposed amendment necessary; however, changing conditions, including the redevelopment of the commercial development located across Livingston Road, and related economic benefits, including job creation, do make the proposed change desirable, appropriate, and beneficial to the public interest. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Page I of 3 HA2018\2018009\WP\PUDZ\Rezone Criteria (3-1-2018).docx The requested amendment will not adversely influence living conditions in the neighborhood. Development standards proposed ensure compatibility with neighboring properties. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The requested change to allow uses will not create or increase traffic congestion and will, in fact, have the likelihood of reducing congestion by enhancing the public access to Collier Area Transit services. 8. Whether the proposed change will create a drainage problem. The site will be designed to meet all County and SFWMD requirements. No drainage problems will be created. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The requested amendment will not reduce light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed amendment will not adversely affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change will not be a deterrent but rather a catalyst in advancing the successful redevelopment of the nearby commercial development 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The existing zoning does not allow for this beneficial use which promotes economic development. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Page 2 of 3 H:\2018\2018009\WP\PUDZ\Rezone Criteria (3-1-2018).docx The request is not out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. It is not impossible to find other adequate sites in the county for the proposed use given the proximity of this site to the commercial redevelopment site. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The physical characteristics of the property support and the degree of site alteration required is relatively minor, in order to develop the limited uses proposed under this CPUD. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. 11], as amended. There limited uses proposed will have no impact on the availability of adequate public facilities and services to serve the project. The proposed uses will not consume any such capacity, but may reduce vehicle trips on the arterial roadway system by providing greater access to CAT services. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC. Page 3 of 3 H:\2018\2018009\WP\PUDZ\Rezone Criteria (3-1-2018).docx SEED TO TABLE CPDD PROPOSED DEVIATIONS & JUSTIFICATIONS Deviation # 1. A deviation from LDC Section 4.06.05. Plant Material Standards, Subsection D.2. Trees and Palms, which requires all new code required trees to be ten feet in height and all new trees to have a mature height of 15 feet to allow for trees to have a lower height, not to exceed a mature height of 14 feet, consistent with an approved landscape plan by FPL and Collier County. Approval of the landscape plan shall be obtained prior to SDP approval. Justification: The subject property is owned by Collier County; however, it is largely encumbered by an FPL easement. The Collier County BCC voted to allow the developers of Oakes Farms Seed to Table site (former Albertsons 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. In a sense, FPL will also be partner in this public private partnership, in that an FPL Consent Agreement will be required. As part of the FPL Consent Agreement certain conditions apply. One such condition requires that landscape trees (and light poles) be limited in height to a maximum of 14 feet. Since the Collier County LDC Section 4.06.05. Plant Material Standards, Subsection D.2. Trees and Palms, requires all new code required trees to be ten feet in height at time of planting and to have a mature height of 15 feet, this deviation is necessary. As part of the Deviation, we have included that the developer submit a landscape plan to both FPL and to the County, and to obtain approval of both parties prior to SDP. Deviation # 2. A deviation from LDC Section 4.06.05.b.4. - Public utility ancillary system landscaping requirements, which requires, under certain circumstances, screening and buffering requirements for ancillary public utility systems and facilities, to waive such requirements for the north perimeter boundary of Tract "U" where it is adjacent to Tact "P". Justification: There is no need for screening and buffering at this location (between Tracts "U" and "P") as this will not be not visible from any adjacent property or from Livingston Road, as there are required buffers that will be installed along the north, west and east perimeters of Tract "P", including a buffer along Livingston Road, which will sufficiently screen the north boundary of Tract "U" from view. This deviation was suggested by Collier County Public Utilities. H:\2018\2018009\WP\PUDZ\Resubmittal\Justification for Deviations (Revised 5-14-2018).docx 77. iY 'VERC-ANAL 0 z t Perimeter Buffers I H:\2018\2018009\WP\PUDZ\Resubmittal\Justification for Deviations (Revised 5-14-2018).docx ENVIRONMENTAL DATA —"IW FLUCFCS Legend FLUCFCS Code Community Acres % 411 Pine Flatwoods 1.53 Ac .± 17.94% 510 RoadsideSwale 0.39 Ac ± 4.57% NOTES; .-. •� y 740 Disturbed Lands 0.13 Ac ± 1.52°x'0 _ FLUCFCS lines estimated from ? 1"-200' aerial photographs and * 4 i 743 Spoil Area (Large Limestone Rocks) 0.74 AC.± 8.68% locations approximated. r�JA � 800 Livingston Rd Right -of -Way 1.06 Ac.± 12.439, >�.#,�••_.,p.,,. FLUCFCS per Florida Land Use, X F- Cover and Forms Classification 8146 Primitive Road and Trails 0.93 Ac.± 10.90`Yo System (FLUCFCS) (FDOT1999). Legend 832 Electrical Transmission Lines 3.75 Ac.± 43.969, Aerial photographs were acquired Other SUrfaCe TOTAL 8.53 Ac.± 100.00% through Collier County Property Appraiser's office with a flight Waters (0.39± Ac) I Iker date of January, 2016. Drawn By: Date: Category Seed to Table Commercial Subdistrict `a Page BWS 1/12/17 FLUCFCS 2 OF 5 Job Number Scale: D -- 1 1 = 200' Aerial FLUCFCS Map Exhibit S/T/R County ENVON140" 24/485/25 E Collier 1599 Covington circ= East, Fort Myers, FL 33919 (239)340-0678 bear a«s.env.consultin Pmaii-com x M w A i ``'r F � rp e i r on= FLUCFCS Legend I f* (j FLUCFCS Code 411 Community Pine Flatwoods Acres 1.53 Ac.± % 17.94/ 510 Roa dsi de Swa 1 e 0.39 Ac.± 4.57% NOTES: Legend 740 Disturbed Lands 0.13 AC.t 1,529'a FLUCFCS lines estimated from 1 -200 aerial photographs and Other Surface � 7t 743 Spoil Area (La rge Limestone Rocks) 0.74 Ac .± 8.689/o locations approximated. pproximated. Waters (0.39± Ac) o S00 Livi n Ston Rd Ri ght-of- Way g 1.06 Ac.± 12.43% FLUCFCS per Florida Land Use, Gopher Tortoise Burrow 8146 Primitive Road and Trails 0.93 Ac.± 10.90% Cover and Forms Classification System (FLUCFCS) (FDOT 1999). Locations (3) S32 EI ectrica I Transmission Li nes 375 Ac.± . 43.96/ Aerial photographs were acquired /� / Protected Species Survey TOTAL 8.53 Ac ± 100.00% through Collier County Property Appraiser's office with a flight f V Transects date ofJanuary, 2016. Drawn By: Date: Category•� Page BwS 1/12/17 PSS Seed to Table Commercial Subdistrict 5OF5 Job Number Scale: v -- 111= 200' I Map Exhibit S/T/R County Aerial ri a PSS ENYMOMEKTAL(QNWNfi C _ I 24/48S/25E Collier 2 99 Covington eCirclepa East, Fort Myers, rrnaN c9 239) 346.0578 bear avn.env.eonsultin (� mail corn JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STAT M NT For Seed To (Livingston Road & Immokalee Road, Collier County, Florida) February 19, 2018 Digitally County TIS Review signed Fees byTIS Methodology Review Fee = S500.00 TIS` (Major Study) Review Fee = $1,500.00 James M. JameBanks Prepared by: Me Date: JMB TRANSPORTATION ENGINEERING, INC. 4711 7TH AVENUE SW 2018*02*19 NAPLES, FLORIDA 341 19 12:x$:14 CERTII" KATE OF AUTHORIZATION No. 278313 B a n k o5'oo' (PROJECT NO. 180 1 1 4) >'�,,`A1fIIIlly II► ►,,,i-# PAf 00 Ak ' 410 s w 6 L r Am� V I ~ OP I Z JAM 81;- ; .' DAZE r FLOAfDA REG10�00� at s �� N Gire Conclusions 2 Purpose of Report 3 Study Methodology 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 .Asea of Significant Impact ASignificant 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 fmdings of this report, it was determined that Seed To Table will not have a significant or negative * act upon the surrounding road network. It was verified imp 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-conve-nience store was repurposed as a Dunkin Donuts which generates less trips; and it is being proposed to occupy the abandoned _Mbertsons 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 comer of Livm*gston Road & h=okalee Road) will have one (1) right-in/out access on L ston RoA right ingress turn lane will be required to be designed and constructed pursuant to the standards set forth by Collier County. Livinaston Road has a posted speed limit of 45 MPH which will require that the taper + deceleration lane be at a uni" ium length of 240'. The right turn lane is a free-flow conditionso no queue storage is necessary. Off -Site Parking Area Access via Pier Road The proposed off-site employee parking area will interconnect with the eastern terminus of P*er Road which -pro• 'des signalized access to Immokalee Road via Lakeland IP I - Avenue. It was determined that is area will have a relatively low traffic deman�t on Piper Road, as we'll as the signalized intersection of Lakeland Avenue & Immokalee Road. Site Access @ Livingston Road The site's access on L* ' ston Road was previously constructed as a right-in/out Wing driveway, which required that a right m'gress 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 u*nprovements to the site access are needed. 2 Site Access @ Livingston Road The site's access on Livingston ston Road was previously constructed as a right-in/out driveway, which required that a right ingress tum 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 light-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 fla g 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 comer of Livingston Road and Immokalee Road, within Collier County, Florida. The site was originally developed (SDP -00- 107) as an Albertsons grocery store having one outparcel that was developed as a gas -n -convenience store with sixteen (t6) fueling positions. The gas -n- convenience store was later repurposed as a Dunkin Donuts. The site has one (1) right-in/out access on Livingston Road, one (1) right-inJout access hnmokalee 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 -Mout 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 comer of Livingston Road & Immokalee Road. Employees using the off-site parking area N will be those that arrive/depart on a shift rotation (i.e., 7 AM and 3 PM sbift 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 shuttle bus and call station will be used for transporting employees between the off-site parking area and grocery store. Table Orizinal Land Uses vs. Current & Proposed Land Uses ME Original Land Use Current'or Proposed Land Use Principal Use Albertson Seed To Table (61,286 sf) (Proposed 60,497 sf), Outparcel Gas -n -Convenience Dunkin Donuts w/ 16 Fuel Positions (Existing since 201 4) Off -Site Parking None Employee Parking (23 7 Spaces) CAT Park -n -Ride (10 Spaces) ME I I % O N C .5 J NORTH I ' Veterans Mem. Blvd N.T.S. Learning Lane ` avina Way Lo t� Entrada Ave i Carlton Lakes Blvd 0 o 3 a� v > Immokalee Rd `v Autumn Oaks Lane 75 0 M >, Hidden Oaks Lane 0 m C: a- Spanish Oaks Lane v 0 t a Golden Oaks Lane 0 M Cc) v v p o ' a: 0 LEGEND co Of V' S -LANE ARTERIAL q - c 4–LANE ARTERIAL/COLLECTOR — �— — — — a , 2–LANE ARTERIAL 0 V2–LANE COLLECTOR/LOCAL ROADVanderbilt Beach Rd � ...�� ■� � � � JM8 TRANSPORTATION ENGINEERING, INC. Seed To Table Project location & Roadway Classification FIGURE 1 February 18, 2018 +0 ( -_.------------------_------------_...-.-.._---_..---------------------------- - L I 1 I j .G' UTOACK - - - - - - - - - - --———— — — — — . — ---_.-------r ._ —._.._ _———— IRAc.-IWOASO _'------_.—,_ _—_ _. — _— 0_ --— -- i �%,r.d a+.nrraet4�w. 1 1 �`.°-,��„�^,'"•_ �#�,,..."' ,�;�r rh )< r2 n :. NisW i Ir ®® Al i 111 11i Emilio r, INFOR W, vr ..r. 11 i Fv �e� TYPE B DETAIL -_.------------------_------------_...-.-.._---_..---------------------------- - L I 1 I j .G' UTOACK - - - - - - - - - - --———— — — — — . — ---_.-------r ._ —._.._ _———— IRAc.-IWOASO _'------_.—,_ _—_ _. — _— 0_ --— -- i �%,r.d a+.nrraet4�w. 1 1 �`.°-,��„�^,'"•_ �#�,,..."' ,�;�r rh )< r2 n mv 5.40 acres loll Hite 2.17 Tt7TAL PARKINr., III 237 TOTAL. STT 10 TOTAL PUBLIC t 6 HC STT 1 NG PUBLIC i O U Z LL 7 i� x Q c r PARI. & RIDE - _ - --_- - - _ _.____ - - - - �.� ._.- - - - ------ �� ___�- LLA IV — + i I } Af.C[X'4 NQ t'ARKIN� As NO rKAc�INr, NITNIN rn_ MwTnirt ncccss rn11 t dt 0 to, or Pot Fu ©/ p fill �FVTT If rrLACISSsPAlr13r * .yam - 'Bill f J r w it ly I1 1a l nar uETe{✓trloit �� ' � i Q _ _ z . =01 a ' LIVINGSTON ROAD Z) Ce r - v low _ rc , Lu J!E va _._� �. }, .� .�_ ... r _ w .. ,. gam,. ..• .� � . �. .� ii. � «..:.. ... ..... -v... ., »., ...aw .» -1 „a. «.t .w. .w. �• .«l -... ,... .. k. ..,_ ..,, ,....... ... �y � \'a f �L Nl REVISIONS It s r) SHEET TITLE SITE PLAN i NORTH it ( -, i„.i�i t t. �; II I SHEET NUMQER I f 0 40 80 1 0F 14 .t I. I !"j, �_<:,. k ' D " SCALE- I' - 47-0' Project Generated Traffic Seed To Table, Off-site Pat�iag 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, 10 th Edition. That isl historical traffic data collected Mt similar land uses was relied upon in estimating the project's traffic. It was concluded that land use code "Superhis rker' (LUC 850) was most appropriate in estimating the proposed use trips. In addition, Collier County staff requested that the trips associated witli 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 I A depicts the computations performed in determining the total new trips. Also, shown on Table I A is the off-site parking area trip estimates. 'fhe off-site parking is estimated to generate no more than 150 entering/21 exiting trips during the off-peak AM pe'n*od 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 Table C R 'I T ne 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: .... * 0.. In order to determine the project's net new traffic, the estimated trips for the existing gas -n -convenience store were subtractedfrom the estimated trips associated with the Dunkin Donut. That is, Proposed Development Trips less Existing Development Trips — Net New Trips Table I (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` -stare Trips) on Daily (ADT) AIM Peak our (Yph)- PM Peak Hour (vph) Dunkin Donuts Trips 19678 227 88 Gas -n -C Store Trips 2,463 161 197 Net New Trips + Pass -by -785 66 -109 Net New Trips -400 34 -56 on TABLE 1 TRIP GENERATION COMPUTATIONS Seed to Table - Groce Store Land Use Code land Use Descriptio 850 Supermarket I Land Use Code Trip Period LUC 850 Daily Traffic (ADT) AM Peak Hour (vph) PM Peak Hour (vph) Pass -by Trips per ITE = 36% New Daily Traffic (ADT) New AM Peak Hour (vph) = New PM Peak Hour (vph) = Off -Site Employee Parking Are Time Period (Shift -Rotation) 6:15 to 7:15 AM I R 2:45 to 3:15 PM 60497 s.f. M0=1 (Based upon S.F.) Total Trips Trips Enter/Exit T= 66.95(X) + 1.391-56 = 5,442 ADT T= 3.40(X) = 206 vph 128 78 vph 621 Enter/ 38% Exit Ln(T) = 0.74Ln(X)+3.25 = 537 vph 274 /263 vph 51% Enter/ 49% Exit = 25% Pass -by Rate ADT) x (% of New Trips) 4,081 ADT (AM) x (% of New Trips) 154 vph 96 59 vph 62% Enter/ 38% Exit = (PM) x (% of New Trips) 403 vph 205 f 197 vph 51% Enter/ 49% Exit No. of Emplyees/Shift Trips Generated 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 60 Employees 10 Enter/ 50 Exit Employee Shuttle 12 Enter/ 12 Exit Total = 22 Enter/ 62 Exit 70 employees 1 Enter/ 70 Exit 15 enter/ 15 Exit CAT Park n Ride 1 Enter/ 10 Exit Total = 17 Enter/ 95 Exit 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 hnmokalee Road and Livingston Road. Di7ingston 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 0 pnnaary east/west interconnect between the northern Golden Gate Estates Area and northwest Collier County, as well as continues north/south to the hmokalee Community and interconnects with S.R. 29. Within proximity of the site, the posted speed limit of hAnmokalee 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 mini num level of service performance standards and capacity. Project Generated Traffic Distribution The Droi eef s net new traffic was distributed to the surrounding road network based upon L %F logical means of 1a `s 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 proj ect has a significant f icant Impi act 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 i 0 C:C LO Veterans Mem. Blvd Leaming Lane avina Way L� Entrada Ave Carlton Lakes Blvd oAL I � 0 N �O o ,4 25% 20% 15� Immokalee Rd 25% a m 3 O O AL N m 0 a O v r M C O a 0 a 1 � a� 75 0 m v� 'v v v o o ' C 0 a a: rn c rn '> 75 IL O a Vanderbilt Beach Rd LEGEND NORTH N_T_S_ 0 -v 0 0 3 Q) v Autumn Oaks Lane Hidden Oaks Lane Spanish Oaks Lane Golden Oaks Lane 65% Project Traffic Distribution by Percentage JMB TRANSPORTATION ENGINEERING, INC. Seed To Table February 18, 2018 Project Generated Traffic Distribution FIGURE 2A TABLE 2A IROJECT'S AREA OF IMPACT Project Traffic Peak Direction (vphpd) -_ 205 Entering Project Traffic Non -Peak Direction (vph) 197 Exiting I LOS Service Project Project PK Dir. PK Direction Project Pk Hr Project Pk Hr Project Road Serv. Vol. Volume Traffic PK Dir Pk Hr Non -PK Dir Non -Pk Impact Percent Significant Class LOS (vi2hpd) % Dist. (vphpd) Pk Dir DiR Standard Impact Impact 1.0 Airport Pulling Rd Immokalee to Vanderbilt 4D D 2200 5% 10 N 10 S 2% 0.47% NO 41.2 Immokalee Road Goodlette-Frank to Airport 6D E 3100 15% 31 E 30 w 2% 0.99% NO 42.1 Airport Road to Livingston Rd 6D E 3100 20% 41 E 39 w 2% 1.32% NO 42.2 Livingston Rd to 1-75 6D/8D E 3500 25% 51 w 49 E 2% 1.46% NO 43.1 1-75 to Logan Blvd 6D/8D E 3500 25% 51 w 49 E 2% 1.46% NO 43.2 Logan Blvd to C.R. 951 6D E 3200 20% 41 w 39 E 3% 1.28% NO 51.0 Livingston Road Imperial St to Immokalee Rd 6/4D D 3000 20% 41 S 39 N 2% 1.37% NO 52.0 Immokalee Rd to Vanderbilt 6D E 3100 20% 41 N 39 S 2% 1.32% NO 53.0 Vanderbilt to Pine Ridge Rd 6D E 3100 10% 21 N 20 S 2% 0.66% NO 54.0 Pine Ridge Rd to Golden Gate PkM 6D E 3100 5% 10 N 10 S 2% 0.33% NO I Immokalee Rd AM 48 PM 77 ry 0 J t\ 0- .. CO 0- n NORTH M .. N.T.S. a Q AM 24 PM 32 Carlton Lakes Blvd AM 49 PM 64 No CL rn cT G Seed To Table Traffic 128 enter / 78 exit AM 87 PM 138 P1�111 = 274 enter / 263 exit Dunkin Donuts Traffic AM = 116 enter 115 exit PM=44 enter/44 exit o_ .. ao r Q Q] AM 48 PM 77 AM 39 PM 61 tAM 61 PM 80 AM 48 : PM 77fth- LEGEND 14 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 FIGURE 213 Traffic Assignment 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 AUIR Reports. The annual growth rate was also obtained from the 2017 AUIR Report. Using the annual growth rate, the 2018 background I 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 'Y' 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. I - Site -Access Impact.,f,z Site Access @ Immokalee Road The site's access on okalee Road was previously constructed as a fight-in/out driveway, which required that a right ingress turn lane be provided. The right turn lane was designed and constructed pursuant to the xninmurn 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 comer of ngston Road & Immokalee Road) will have one (1) n*ght-in/out access on Livingston Road. A t to riot ingress turn lane will be required to be designed and constructed pursuan minimum standards set forth by Collier County. Ll*vm*gston Road has a posted spee of 45 MPH which will require that the taper + deceleration lane be at a minimum length of 240'. The right tum lane is a free-flow condition, so no queue storage is necessary. OSite ParkingArea 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 RE on Piper Road, as well as the signalized intersection of Lakeland Avenue & Immokalee Road. Site Access @ Livingston Road The site's aecou on Livingaon Road wu previously constructed as aright,in/out driveway, which required that a night ingress tum lane be provided. The right turn lane was designed and constructed pursuant to the minim -Lim 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 fight-in/out driveway, which required that a fight *ingress turn lane be provided. The right turn Ian+ was designed and constructed pursuant to the minimum standards set forth by Collier County. As such, no finther finprovements to the site access are needed. Carleton Lakes Boulevard @ Livingston Road The intersection of Carleton Lakes Boulevard and Liv* ston Road was previously Mg constructed as a left -in and fight-in/out median opening that provides access to both the com iercial 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 Mi*M*MUM standards set forth by Collier County. As such, no further improvements to the site access are needed. M 42.1 Immokalee Road 42.2 51.0 Livingston Road 52.0 ri TABLE 213 2017 & 2018 ROADWAY LINK VOLUMES Per Vested Trips Methc Per Growth Rate Method 2018 2018 Peak Hour 2017 Growth Peak Hour PK Direction AUIR AUIR Rate PK Direction Trip Background Traffic Pk per Background Bank Per Vested Trips (vphpd,l DiR AUIR (vp!,hpd (yphp. vj2hPd) Airport Road to Livingston Rd 2790 W 2.00% 2846 5 2795 Livingston Rd to 1-75 2460 E 2.00% 2509 29 2489 Imperial St to Immokalee Rd 1180 N 2.00% 1204 99 1279 Immokalee Rd to Vanderbilt 1610 N 2.00% 1542 38 1648 42.1 Immokalee Road 42.2 51.0 Livingston Road 52.0 TABLE 2C 2018 ROADWAY LINK VOLUME/CAPACITY ANALYSIS 2018 2018 2018 2018 2018 2017 Peak Hour Peak Hour Project Project Build -Out Serv. Vol. Build -Out Build -Out Peak Hour PK Direction Bkgd PK Direction Pk Hr Prjct Pk Hr Prjct Peak Hour P k Hr Peak Hour Peak Hour PK Direction Background Pk Background PK Dir Pk Non -PK Dir Non -Pk PK Dir PK Dir PK Direction PK Direction v( phpd) LOSv( phpd) Dir LOS v h d Dir (vph) Dir v h d (vphpd) v/c Ratio LOS Airport Road to Livingston Rd 2790 E 2795 W E 41 E 39 W 2834 3100 0.91 E Livingston Rd to 1-75 2460 D 2489 E D 51 W 49 E 2538 3500 0.73 D Imperial St to Immokalee Rd 1180 B 1204 N B 41 S 3-? N 1243 3000 0.41 B Immokalee Rd to Vanderbilt 1610 B 1642 N B :' ' N 39 S 1683 3100 0.54 B •Imolopill Fakv-,", 019111 ./ lul JMB TRANSPORTATION ENGINEERING9 INGm TRAFFic/TRANSPORTATIONPLANNINrm SERVICES Ili liq Ny Imi l Immokalee Road & Livingston Road m Albertsons Insubstantial Change to SDPmO1 (Dunkin Donuts - NE Corner of Immokalee Rd @ Livingston Rd) October 4, 2012 Prepare. by: JM13 TRANSPORTATION ENGINEERING, INC. 761 21 ST STREET NW NAPLES, FLORIDA 341 20 (239) 919-2767 CERTIFICATE OF AUTHORIZATION NO. 27830 (PRoJECT NO. 1 2091 2) JAMES M. BANKS, P.E. DATE FLORIDA RED. NO. 43860 AI TABLE I Albertsons 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(X) = 818.58(2.05)= 1,678 ADT Existing (LUC 945) Daily — (Peak Hour) / 8% = (197) / 8% - 2,463 ADT Net Difference = - 785 ADT wa 't-4 V ty"mm W Lqm 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 vuh Net Difference = 66 vph 51 %Enter/49%Exit = 34/32vph mI A b 2 e - 9 0 - 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 v Net Difference 109 vph 50%Enter/50%Exit 5.5/54vph Net New Trips (Adjustedfor Pass -by Capture) PASS-BYADJUSTMENT ITE Pass By Percentage = 49 % NEW DAILY TRAFFIC (ADT) Daily Traffic = (-785) * 51% 400 ADT NEW AM PEAK HOUR TRAFFIC (VPI -I) AM Peak Hour = (66) * 51% = 34 vph 5 1 0/oEnter/49%Exit = 17/17 vph NEW PM PEAK HOUR TRAFFIC (VPH) PM Peak Hour = (-109) * 51% - 56 vph Az NIM Summary Seed to Table CPUD (PUDZ-PL-20170003766) Seed to Table Commercial Subdistrict (SSGMPA-PL-20170003768/CPSS-2018-1) May 31, 2017, 5:30 p.m. Collier County Public Library Headquarters, Sugden Theater 2385 Orange Blossom Drive, Naples, Florida 34109 The NE\4 was held for the above referenced petitions. The petitions are described as follows: 1) A small scale Growth Management Plan Amendment (SSGMPA) specifically amending the Future Land Use Element and Future Land Use Map and Map Series to change the designation from Urban Mixed Use District., Urban Residential Subdistrict., to Urban Commercial District., Seed to Table Commercial Subdistrict., to allow for public parking for users of CAT Park and Ride services, employee parking to support commercial development located immediately east across Livingston Road, Collier County Utility facilities, and uses or facilities associated with the FPL Easement or other existing easements. [PL-20170003768/CPSS-2018-1]; and 2) A Commercial Planned Unit Development- Rezone from the RSF-3 zoning district to a Commercial Planned Unit Development (CPDD) zoning district for the project known as Seed to Table CPUD to allow for the uses identified in (1) above. [PL -20170003766]. Note: This is a summary of the NIM. An audio/video recording is also provided. Attendees: On behalf of Applicants: Alfie Oakes,, CEO, Seed to Table Robert Mulhere, FAICP, VP Planning, Hole Montes Francesca Passidomo, Esquire, Coleman., Yovanovich, and Koester, P.A. Justin Ebright, Senior Design Tech, Phoenix Associates of Florida Stephanie Karol, Permitting Coordinator, Hole Montes Daniel Denis, IT Director, Hole Montes Dayron Mora, IT Tech, Hole Montes I,' -- County Staff-. David Weeks, AICP, Growth Management Planning Manager, Comprehensive Planning Section James Sabo., AICO, Principal Planner, Zoning Michelle Edwards -Arnold, Director, Public Transit & Neighborhood Enhancement Approximately 55 members of the public attended. Mr. Mulhere started the presentation by introducing himself, the other consultants,,* and County Staff. He explained the NIM process, the process for approval, and provided an overview of the project. Following Mr. Mulhere's presentation, there was approximately one hour and twenty minutes of questions from the public in attendance. The members of the public who attended identified themselves (primarily) as residents of Carlton Lakes to the east, and Willoughby Acres to the west. The following issues were raised: Page I of 2 HA2018\2018009\WP\PUDZ\N1MNN1M Summary (6-5-2018) rjm.docx Existing Traffic Concerns Several questions were raised in regards to, the proposed access point to Piper Road on the southern end of the property. Increased traffic, bus routes, and access to Willoughby Acres were of concern. Willoughby Acres residents were concerned that the access point on Piper Road would increase drive through traffic and encourage the general public to park along neighborhood streets. It was explained that %_1 the proposed parking lot would not be accessible from Piper. Additionally, it will include a perimeter wall/fence and landscape buffering both for aesthetics and to prevent access to the adjacent neighborhood and to direct pedestrians to cross Livingston at the marked intersection at Livingston and Immokalee. Additionally, Ms. Edwards -Arnold - explained that the county is in discussion 'about installing a transponder operated security gate at the Piper Road access point that would only open for Collier County transit and utility or FPL or employees. Mr. Mulhere went on to state that employees of Seed 2 Table will not have vehicular access to Piper Road, and that the site design will also prohibit exiting onto Piper by users of the parking facility. Concerns were raised in regards to regards to existing traffic, speed of travel, and accidents on adjacent Livingston and Immokalee roads. Mr. Mulhere stated that as a condition of approval, the developer will schedule employee shifts outside of peak morning and evening hours (6 to 8 Am and 4 to 6 PM). There will be three shifts, with 24 hour staffing. Additionally, an employee shuttle will be provided at the beginning and end of each shift to reduce pedestrian traffic. Parking Lot/Park and Ride Operations' and Design Some attendees were concerned with the design and security of the proposed parking lot related to the park and ride use. Mr. Mulhere explained that low level, shielded lighting will be utilized meeting the requirements of the LDC. Along the perimeter, there will be a 6' wall as well as landscape buffering to further shield adjacent development. With the exception of CAT bus stop shelters, there will be no structures built in the parking lot. Given the level of anticipated activity, manned parking lot security will not be necessary. One option that may be considered is security cameras. Seed 2 Table will actively manage and enforce employee parking policies, and Collier County will monitor the Park and Ride portion for cars that have been parked for longer periods of time. Additional questions were raised in regards to CAT and Park and Ride operations. Ms. Edwards -Arnold explained that the County conducted a study that showed a need for the new CAT transit stop, as well as the 24 Park and Ride spaces, which the. county requested to be included in the proposed development. However, it is too early to provide an accurate number of bus trips that will be generated, as projections can't accurately predict need based on the popularity of the route. General/Misc. General questions were asked in regards to special events and special use permits. Mr. Mulhere explained that special events requests were not for use by the applicant, but by Collier County. Mr. Mulhere indicated that application materials are available to the public via the county website. The meeiing concluded at ypproximate 7:10 PM. Page 2 of 2 H:\2018\2018009\WP\PUDZ\N1M\N1M Summary (6-5-2018) rjm.doex AV 4/4V ajrrr t]Akik NaplesNews-com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Na- ples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the ost office in Naples, in said Collier County, Florida, for a period of one year next preceding the first publication of te attached. copy of advertisement; and affiant further says that he has neither Raid nor promise ci any person or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Co5—yrine COLEMAN YOVAN OVI CH & KOESTER, Pub Dates May 16, 2018 (Sign 'ture of affiant) Sworn to and subscribed before me This May 16, 2018 WIVIr -d 0,7 q (Signature of affiant) 2013533 NIM PL20170003768/CP KAROL E KA" Notary Public - State of Florlda CommInlon I GG 126041 My Comm, Explres Jul 29, 2021 Oor ki A= 10A I WEDNESDAY, MAY 16, 2018 I NAPLES DAILY NEWS Immokalee teen accused of shooting friend Alexi C. Cardona Naples Daily News USA TODAY NETWORK — FLORIDA An Immokalee teenager was arrested over the weekend and accused of shooting a friend inthe stom- ach. The 17 -year-old faces a felony charge of aggravated battery with a deadly weapon, according to a Collier County Sheriff's Office arrest report. As a matter of policy, the Daily News does not iden- tify minors accused of felonies, although their names are subject to disclosure. According to an incident report, first responders were dispatchedto a grassy area nearthe1400 block of Bush Street West on Saturday night and found a 16 - year -old girl who had been shot in the stomach. The girl was lying on her left side in the grass, hold- ing on to her abdomen, and another girl was kneeling nearby and "crying hysterically." The girl who was shot told a deputy she had been hurt in a drive-bybut couldn't provide any information about the vehicle or the directionit traveled, the report states. The girl said she was taking a walk with her friend when a car sped toward them and someone in- side shot at her, according to the report. The 17 -year- old told officials the same thing, the report states. The 16 -year-old was flown to Lee Memorial Hospi- tal. When a detective tried to get more information from the 17 -year-old, the teen said she didn't want to talk about the incident, an arrest report states. The 17 -year-old ultimately confessed to shooting her friend, according to the Sheriff's Office. The teen was Baker Acted, the incident report shows. A Sheriff's Office spokeswoman on Tuesday said they could not comment about whether detectives found a weapon, citing the open investigation. Man accused of drowning ducklings in pool Patrick Riley Naples Daily News USA TODAY NETWORK — FLORIDA An East Naples man was arrested on a warrant Monday and faces charges of animal cruelty after his neighbors called deputies telling them the .man had drowned ducklings in his pool. Robert Block, 79, faces five felony charges of cruelty to animals, according to a Collier County Sheriff's Of- fice arrest report. A deputy made contact with Block at the Naples Jail Center on Monday in ref- erence to a warrant after Block hada turned himself in that day, according to the Sheriff's Office. Block's next-door neighbors on Mar- bella Drive called the Sheriff's Office's Block nonemergency line at 9 a.m. March 27 and reported to a dispatcher that Block had just drowned ducklings in his pool, according to a recording of the call. "They got into his pool, and he held them downwith his skimmer and drowned them all," Block's neighbor told the call taker. "Andthe mother was out, the mama duck was out there just screaming, and the babies were squealing. It was so horrible." Florida Fish and Wildlife Conservation Commission officials were notified by the Sheriff's Office and inves- tigated the incident, according to an FWC warrant affidavit. Block told FWC investigators that "he was frustrat- ed with the wildlife in the area getting into his pool, specifically rats, rabbits, and ducks," the affidavit states. He told investigators he removed ducklings from his pool that morning with a pool skimmer and said "he had drowned some, according to the affidavit. Block admitted to investigators that he told his neighbor, who had confronted him, that he was drowning the ducklings, the affidavit states. FWC investigators found five "freshly deceased ducklings" near Block's pool area in a small pile, "con- cealed behind a palm frond," according to the affida- vit. FWC investigators wrote in the affidavit that Block told them "multiple inconsistent stories, and often only shared information once evidence of his dishon- esty was located." Block told investigators that "small wildlife, in- cluding ducks, were nuisances and he was actively looking for ways to remove them from his property," according to the affidavit. Investigators found lethal traps in Block's pool area, indicating he "was willing to kill animals to re- move them;' the affidavit states. Block posted the $25,000 bond and was released Monday, according to the arrest report. A woman who answered the phone at a number listed for Block de- clined to comment. Thb public is invited to attend a neighborhood information meeting held by Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. on behalf of the applicant at the following time and location: Thursday, May 31st at 5:30 p.m. Collier County Public Library Headquarters, Sugden Theater* 238.5 Orange Blossom Drive, Naples, Florida 34109 *Plcasc note that the Collicr County Public Library docs not sponsor or endorse this program. The subject property is located just north of the terminus of Piper Boulevard, at the N. W. corner of Tmmokalee and Livingston Roads, in Section 24, Township 48 South, Range 25 East, Collier County, Florida. The property contains 6.82 ± acres and is designated Urban Mixed Use District - Urban Residential Subdistrict on the County's Future Land Use Element. The property is presently zoned RSF-3 and is largely encumbered with an FPL easement. The applicant has submitted two (2) concurrent applications to Collier County. These applications include the following: (1) A Small Scale Growth Management Plan Amendment (SSGMPA) specifically amending the Future Land Use Element and Future Land Use Map and Map Series to change the designation from Urban Mixed Use District, Urban Residential Subdistrict, to Urban Commercial District, Seed to Table Commercial Subdistrict, to allow for public parking for users of CAT Park and Ride services, employee parking to support commercial development located immediately east across Livingston Road, Collier County Utility facilities, and uses or facilities associated with the FPL Easement or other existing easements. [PL20170003768/CPSS-2018-1]; and (2) A Commercial Planned Unit Development Rezone from the RSF-3 zoning district to a Commercial Planned Unit Development (CPUD) zoning district for the project known as Seed to Table CPUD to allow for the uses identified in (1) above. [PL20170003766]. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the applicant and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, or e-mail to: Richard D. Yovanovich, Esquire Coleman, Yovanovich, and Koester, P.A. 4001 Tamiami Trail North, Suite 300, Naples, FL 34103 Phone: 239-435-3535; Email: ryovanovich@cyklawfirm.com May 16, 2018 ND -2013533 PRACTICE CONCENTRATING IN: • Wills and Revocable Trusts • Florida Tax Residency Planning • Probate and 'frust Adtnin tration • Prenuptial Agreements • Estate Tax Planning • Durable Powers of Attorney/Living Wills v. U o 0,° . Robert H. Eardley, Esq., I,L.M. 1"ILLS, TRUSTS Flori,dt Bit & Estates t CAllo IY-rlG, & E T!'i 1 i_S Busts !> Attorney h,ufLMinnhi): Drier. Cleaner. Healthier. - Clean Without the Steam -Dries in 1 to 2 Hrs. *Superior Carpet & Upholstery Cleaning 2 �.0 Ni. Uff Carpet, Upholstery (oily 20% off on one if combined with mrpot and upholsbery) *Mitt fee is $95 plus a $5 fuel charge. Offer expires 5/30/18 f` (Min. charge $200) One coupon cannot be combined ' ,. -4 G il® l®with any other offer or 6rcauni t5 239-353-4246 239-1191 By Rhein Serving Collier County and lee County Chem -Dry proprietary hot carbonating extraction (HCE) cleaning process provides a deeper, longer -lasting clean for a healthier home. baa rk 4 __ . CARL ION LkcE:_ =: SUBJECT PARCEL y Dr V6tikG$t to .,. t Nyle: CLZrtiJ1P rl1rJt`tt.PIP" .. Q' T.r•t�7' " vvd Mcr�olcake Rd ;tet ; --i trr►makatt�e Rd 1110A D AP tICIRCLE' TAT W-4 Loa +itlt tatYl lk. ? Q ` ex iK�htl:7VAri °rtr Dr Nrt Artcite U rot WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the applicant and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, or e-mail to: Richard D. Yovanovich, Esquire Coleman, Yovanovich, and Koester, P.A. 4001 Tamiami Trail North, Suite 300, Naples, FL 34103 Phone: 239-435-3535; Email: ryovanovich@cyklawfirm.com May 16, 2018 ND -2013533 PRACTICE CONCENTRATING IN: • Wills and Revocable Trusts • Florida Tax Residency Planning • Probate and 'frust Adtnin tration • Prenuptial Agreements • Estate Tax Planning • Durable Powers of Attorney/Living Wills v. U o 0,° . Robert H. Eardley, Esq., I,L.M. 1"ILLS, TRUSTS Flori,dt Bit & Estates t CAllo IY-rlG, & E T!'i 1 i_S Busts !> Attorney h,ufLMinnhi): Drier. Cleaner. Healthier. - Clean Without the Steam -Dries in 1 to 2 Hrs. *Superior Carpet & Upholstery Cleaning 2 �.0 Ni. Uff Carpet, Upholstery (oily 20% off on one if combined with mrpot and upholsbery) *Mitt fee is $95 plus a $5 fuel charge. Offer expires 5/30/18 f` (Min. charge $200) One coupon cannot be combined ' ,. -4 G il® l®with any other offer or 6rcauni t5 239-353-4246 239-1191 By Rhein Serving Collier County and lee County Chem -Dry proprietary hot carbonating extraction (HCE) cleaning process provides a deeper, longer -lasting clean for a healthier home. 4001 Tarniarni Trail North, Suite 300 CYK. Naples, Florida 34103 T:239.435.3535 F: 239.435.1218 COLEMAN I YOVANOVICH I KOESTER May 16, 2018 Re: Seed to Table CPUD (PUDZ-PL-24170003766) Seed to Table Commercial Subdistrict (PL-2o1700037681CPSS--2018-1) Dear Property Owner: - Please be advised that Richard D. Yovanovich, Esquire, of Coleman, Yovanovich and Koester, P.A. on behalf of the applicant has made two (2) formal concurrent applications to Collier County. These applications include the following: (1) A Small Scale Growth Management Plan Amendment (SSGMPA) specifically amending the Future Land Use Element and Future Land Use Map and Map Series to change the designation from Urban Mixed Use District, Urban Residential Subdistrict, to Urban Commercial District, Seed to Table Commercial Subdistrict, to allow for public parking for users of CAT Park and Ride services, employee parking to support conunercial development located immediately east across Livingston Road, Collier County Utility facilities, and uses or facilities associated with the FPL Easement or other existing easements. [PL20170003 768/CPSS-2o 18-1 ]; and (2) A Commercial Planned Unit Development Rezone from the RSF-3 zoning district to a Commercial Planned Unit Development (CPUD) zoning district for the project known as Seed to Table CPUD to allow for the uses identified in (1) above. [PL20I70003766J. The subject property is located just north of the terminus of Piper Boulevard, at -the N. W, corner of Immokalee and Livingston Roads, in Section 24, Township 48 South, Range 25 East, Collier County, Florida,. The property contains 6.82 + acres. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to hear a presentation about these petitions and ask questions. The Neighborhood Information Meeting will be held on Thursday, May 31, 2018 at 5:30 p.m. at the Collier County Public Library Headquarters, Sugden Theater", 2385 Orange Blossom Drive, Naples, Florida 34109, 1 Should you have questions prior to the meeting, please feel free to contact me at 239.435-353 5 Very truly yours, Richard D. Yovanovich, Esq. *Please note that the Collier County Public Library does not sponsor or endorse this program. r I hereby certify that pursuant to Ordinance 2004-41, the Collier County Land Development Code, as amended, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use [Seed to Table Commercial Subdistrict (SSGMPA-PL201700037681CPSS-2018-1} and Seed to Table CPDD (PUDZ-PL20170003766) petitions], at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the County to be notified. The said notice contained the laymen's description of the site. property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance. (Signature of Applicant) RICHARD D. YOVANOVICH, ESQ. (Printed name of Applicant) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Affidavit of compliance was acknowledged before me this 16t" of May, 2018, by RICHARD D. YOVANOVICH, who is -personallyknown to me or who has produced, (Signature of Notary Public) Printed Name of Notary as identification. JUL -Abk- JIML Am. .Ay DIANNA QUINTANILLA :A � :TA A] 'N QU' NLL State of Florida Z Notary Public nissi aC GG 141591 Commission Ex i Sep 1 My Comm. Expires Sep 13, 2021 irouGh "4ahnflat N .......... 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TAPE!S"' v 2 518" compatible with Avery 0560/81 60 vn klimm1ip do fnrmsf 2q mmYF'7 min romnfih'p;Vpr. AVpV 1� 5j R fjjAj 'j WORTHALTER, MOISES PO BOX 800323 MIAMI, FL 33280---0323 YATES,, HOLLEE B 4645 SAINT CROIX LANE #1311 NAPLES, FL 34109-0000 YUGO REALTY LLC 67 PIERPONT RD ,DUDLEY, MA 01571-0000 ZHANG, ANNIE 2049 ROCK CREEK AKRON, DH 44333---0000 nAA NEIGHBORHOOD INFORMATION MEETING SEED TO TABLE CPUD (PUDZ-PL-20170003766) SEED TO TABLE COMMERCIAL SUBDISTRICT (PL-20170003768/CPSS-2018-1) THURSDAY, MAY 31, 2018 AT 5:30PM PLEASE PRINT CLEARLY ***Ptense be 6(0tV'&*S0*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. NEIGHBORHOOD INFORMATION MEETING SEED TO TABLE CPUD (PUDZ-PL-20170003766) SEED TO TABLE COMMERCIAL SUBDISTRICT, (PL-20170003768/CP55-2018-1) THURSDAY, MAY 31, 2018 AT 5:30PM PLEASE PRINT CLEARLY The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. if you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. 0 M NEIGHBORHOOD INFORMATION MEETING SEED TO TABLE CPUD (PUDZ—PL-20170003766) SEED TO TABLE COMMERCIAL SUBDISTRICT (PL-20170003768/CPSS-2018-1) - THURSDAY, MAY 31, 2018 AT 5:30PM PLEASE PRINT CLEARLY The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law., e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. d Name Address City, State Zip E -Mail Address i VN IQN, wt dr C _6T 1 C) v Cyr • -2, L t "4 C) (f Q V- 12 4 oDr A-N�_(A3 Ll I J t �Ac_ -IrL CCI SIGN POSTING INSTRU!QTIONE (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. I 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 BI RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THI 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 ROBERT J. MULHERE, FAICP NAME (TYPED OR PRINTED) HOLE MONTES, INC. STATE OF FLORIDA COUNTY OF COLLIER STREET OR P.O. BOX NAPLES, FL 34110 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this ? 4 t h - ROBERT J MULHERE personally known to me or who produced day of July 1 20 18by as identification and who clicUdid not take an oath. STEPHANIE KAROL 1. 1 Notary Public - State of Florida Signature of Notary Public Commission # FF .939980 My Comm. Exp ;% Mar 9. ?020 N.otwy-' AS]. STEPHANIE KAROL BoWedttKo* Printed Name Notary Public My Commission Expires: (Stamp with serial number) Rev. 314/2015 NOR400-zoo, �ENNT R� Docrc)� O •' roMA'E� 6 1000 u� �•'�: ,•fit+, L*Ry� j� airy 4` � •M i 7 LIC IRR6��,�� •` AM®NU�VlLs`Pii` S PLANNED UNIT DEVELOPMENT REZONE 'PETITIOM; PL -20170013$7r,66 .i 1=t 410 yyit�ila PB.i i►i wry X19 �; �qu�r ■TO Ai�. 'u 4. fi , i� M! � 3 p it ri. w p±a�y il.fer i i i+�+M�, i,71� !!': li. i a1� l�li�l,fil �y1'� h b16w Mll'i'71i+Yrian Q� Itr f1�7�U� is iv Mmir P"is' 0v of l�i0 1'fiit •ria 1P bisiyM� it ;awl ll�.�rirg4� 1.Rlr�!iTyar�� 1� +i * .,.a !fir _�t,� ti11� �'iai.l�,� � . � ilsi i�i�■'il !i7 i4.asw TIOfe ��ia a !! LF 9k WlIm �►>,�:'" IrIINN b + R H iiruwrn of 1 �r ll�i� I ran. 811' i�cgs l�4 i i0 �l�i' ikfr Asn .� �I�r iir! Alm. 9.411 rff. Pl bFw To a oa aAaT. W,sr 4=„4. +i?rr_21 Am trs cIs 160 ra�a�to arse • rm may" u m h. ii -I 'tsaa• fa-0ms wma. a,aa irs auasnrssa�saLti F? iafi aa nu, a,aca ira STs wxzsamIN' =7 W,:+■iiifAin Mrs a 1.20 �? ii�iara� saaanaaa_ tsi} - }� r eaufflo Immiml AL%t•iefr��a,a>aa a�aanfyrWa�r.sw s=:��ri i,Fai,s sr,isa[afcasYi.iaa 4wiw awsaa aaw� f,a s� ias�siia raaiz� R�OKA&aJ i+�d■ELEM ansa 4 � • i R Y I � -Yi d M�7 F� Y LAND USE SUMMARY ACRES PERCENTAGE OF SITE IMPERVIOUS 3.24 47.5% PROPOSED PAVEMENT,& SIDEWALKS 2.98 43.7% EXISTING PAVEMENT 0.20 2.9% EXISTING BUILDING 0.06 0.9% PERVIOUS 3.58 52.5% OPEN SPACE 1.90 27.9%_ DRY DETENTION 1.68 24.6% TOTAL AREA 6.82 100% LAND USE LEGEND PARCEL P PARCEL U TOTAL OPEN SPACE/ PRESERVE 0.74 AC 1.16 AC 1.90 AC WATER MANAGEMENT 1.68 AC 0.00 AC 1.68 AC. BUILDING 0.00 AC 0.06 AC 0.06 AC PARKING /PAVEMENT / SIDEWALKS 2.98 AC 0.20 AC 3.18 AC TOTAL AREA 5.40 AC 1.42AC 6.82 AC ZONING CURRENT ZONING RSF-3 PROPOSED ZONING CPUD I GENERAL NOTES I 1. +/- 6.33 ACRES OF SITE IS WITHIN A FLORIDA POWER & LIGHT EASEMENT, AND WILL REQUIRE APPROVAL OF FPL PRIOR TO SDP. 2. NO LDC REQUIRED PARKING SPACES FOR THE COMMERCIAL DEVELOPMENT IN THE CARLTON LAKES PUD OR ANY OTHER OFF-SITE USE ARE PERMITTED IN THIS PUD 3. NO PRESERVE IS REQUIRED FOR THE PROPOSED PLAN DEVELOPMENT (PER LDC 3.05.07.13.2) WATER MANAGEMENT DRY DETENTION VEHICULAR ACCESS CPUD BOUNDARY (PROPERTY BOUNDARY) r" 41 3 1**4 1 ,ASS4C>C1,A-rES QF FL4QR1QAhL. If* -4C. -6�. 4 96-2:� 13180 Livingston Road I Suite #204 Naples I FL 34109 P 239 1596-9111 F 239 1 596-2637 Certificate of Authorization #CA -0=7607 Certificate of Authorization 61-26003191 PHOENIX ASSOCIATES Of FLORIDA- INC! hereby r*WCVVS It; Camn" law cupyrieft am 00W p=v^ fthts In thwe ptm do.4m, n,.mwwft and Mm. and designs am not to 'be mproduced, chaftod or oopiod in any tam or m3mw whabc-4vvr. m we "y to bo =ipod to any thtni pant wmmut I pwm obtaining the axwou wdUn :� im-Ion ftm PHOENIX ASSOCIATES Of FLOlUchk INC, Wnftn dimsmioms on thvw drawings haft pracedatm ava "o 't d. 01� - These ideas. Plans t� '. dtwm"Oms- Cordrxton shall verify and bo mpomsible for all d~%Ionz mA cond1hans of "job. PHOENIX ASSOOATES OF FLORIOk INC. shall be notified to b wrifing at any variations at dhcmpmcWs from " dimmiom ce"Own and VecificAtom ftwn by ihaw dnwbW- All con*ucftn shall he In Accordj"Q with .7 'an"II "'. --I- tho Florida11.1dZ.IdftS Code, ;mtml mc.t adopted qdWm REVISIONS PER COLLIER COUNTY COMMENTS 0 16162 PER COLLIER COUNTY COMMENTS PER COLLIER COUNTY COMMENTS SEED TO TABLE CPDD MASTER PLAN LIVINGSTON ROAD NAPLES, FL. 34119 COLLIER COUNTY SHEET TITLE EXHIBIT C EXHIBIT C CPU D 2 0 F 2 MASTER PLAN LAN