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Backup Documents 09/13-14/2011 Item # 8B8B .� COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday, August 19, 2011, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. #** kk*** k** kk******* k* kk* kk** k********* k** kk*** k*** k** k*** kk*** k**# * *k *k *k * * * * * * * *kk * * * * *kk *kk *k ** *kkk* Originating Dept/ Div: GMD /Zoning Person: Kay Deselem, Principal Planner Date: August 10, 2011 Petition No, PUDZ- PL2009 -1017: Estates Shopping Center CPUD Petitioner: Kenneth R, Johnson as Trustee; 4011 N. Tamiami Trail, Suite 300; Naples, FL 34103 Name & Address of any person(s) to be notified by Clerk's Office: D. Wayne Arnold, AICP, Q. Grady Minor & Associates, PA; 3800 Del Rey; Bonita Springs, FL 34135 and Richard D. Yovanovich, Esquire; Coleman, Yovanovich & Koester, P.A.; Northern Trust Bank Building; 4001 Tamiami Trail North, Suite 300; Naples, FL 34103 Hearing before: X BCC N/A BZA N/A Other Requested Hearing date: Tuesday, September 13, 2011. Based on advertisement appearing 20 days before hearing. Newspaper(s) to be used: Naples Daily News Proposed Text: See Attached Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs: Department: Land Development Services, Zoning Review Section; Fund & Cost Center: 131- 138326- 649100- 00000; Purchase Order Number: 4500096189; Account Number: 068779 Reviewed by: /U _ __ $ -10-i� Divis' n Administrator or Designee Date List Attachments:. Ordinance DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *****#********* # * * * * * * *k * *kk * * * * *k * * * * * * # # * * ** kkk****** *k * * * * * * * * * * *kk *kk * * * * # * * * * *k ** *kkk * *k *k * *kkR ** FOR CLERK'S OFFICE USE ONLY: Date Received: �� Date of Public Hearing: 3 Date Advertised: CJ Z Teresa L. Polaski 8B From: DeselemKay <KayDeselem @colliergov.net> Sent: Friday, August 12, 201111:03 AM To: Minutes and Records Cc: Bellows, Ray; Lorenz, William; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Brock, MaryJo Subject: PUDZ- PL2009 -1017: Estates Shopping Center CPUD Attachments: ad for BCC signed 8- 12- 11.pdf, Ordinance w_exhibits 08- 05- 11.pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. Thank youl Kay Deselem, AICP, Principal Planner Zoning Services - -Land Development Services Department 6rowth Management Division -- Planning & Regulation Phone: 239 - 252 -2931 Fax: 239 - 252 -6357 kaydeselem ecollierAO v. ne t tinder Hadda Law, e -mail addresses are public records. If you do not avant your e -rnail address released in response to a public records request. do not send e'ectronie mail to this entity. Instead, contact this office by telephone or in writing. 1 [I] ORDINANCE NO. 11- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES (E) ZONING DISTRICT WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY FOR THE PROJECT TO BE KNOWN AS THE ESTATES SHOPPING CENTER CPUD TO ALLOW UP TO 170,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT ON PROPERTY LOCATED IN THE NORTHWEST CORNER OF THE GOLDEN GATE BOULEVARD AND WILSON BOULEVARD INTERSECTION IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 41 +/- ACRES; AND PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ- PL2009- 1017) WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. and D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., representing Kenneth R. Johnson, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described property, and WHEREAS, the subject property is located in a Wellfield Risk Management Special Treatment Overlay, zones W -1, W -2 and W -3, which are not changed by this PUD Ordinance. COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION OWE: The zoning classification of the herein described real property located in Section 4, Township 49 South, Range 27 East, Collier County, Florida is changed from an Estates (E) zoning district with a Wellfield Risk Management Special Treatment Overlay to a Commercial Planned Unit Development (CPUD) with a Wellfield Risk Management Special Treatment Estates Shopping Center \ PUDZ•PL2009 -1017 Rev. 8/01111 1 of 2 [I] Overlay for a 41 +/- parcel to be known as the Estates Shopping Center CPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this _day of _, 2011. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton-Cicko Assistant County Attorney Section Chief, Land Use/Transportation By: FRED W. COYLE, Chairman Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E — Developer Commitments Exhibit E. C. I a — I" Street NW Landscape Buffer Exhibit E.C. lb — 3d Street NW Landscape Buffer Exhibit E. C. 1 c — Wilson Boulevard Landscape Buffer Exhibit E. C. I d — Golden Gate Boulevard Landscape Buffer Exhibit E, C , I e — Tract 106 Enhanced Landscape Buffer Exhibit E.C. I f— Supplemental Planting Exhibit F — List of Requested Deviations CP\10-CPS-01006\53 Estates Shopping Center \ PUDZ-PL2009-1017 Rev. S /01 /11 2 of 2 . C.- 88 EXHIBIT A FOR ESTATES SHOPPING CENTER CPUD A. COMMERCIAL L PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part,for other than the following: A. Principal Uses: 1. Amusement and recreation Groups 7911 —Dance studios,schools and halls,excluding discotheques 7991 —Physical fitness facilities 7999—Amusement and recreation services, not elsewhere classified, allowing only day camps, gymnastics instruction, judo/karate instruction, sporting goods rental and yoga instruction (excludes NEC Recreational Shooting Ranges,VVaterslides,etc.) 2. Apparel and accessory stores(no adult oriented sales) Groups 5611 —Men's and boys'clothing and accessory stores 5621 —Women's clothing stores 5632—Women's accessory and specialty stores 5641—Children's and infants' wear stores 5651 —Family clothing stores 5661 —Shoe stores 5699—Miscellaneous apparel and accessory stores 3. Automotive dealers and gasoline service stations Groups 5531 —Auto and home supply stores 4. Automotive repair,services and parking(no outdoor repair/service.All repairs/services to be performed by authorized automotive technician.) Groups 7514—Passenger car rental 5. Building materials,hardware,garden supply,and mobile home dealers Groups 5231 —Paint,glass,and wallpaper stores 5251 —Hardware stores 5261 —Retail nurseries,lawn and garden supply stores 6. Business services Groups 7334—Photocopying and duplicating services 7335—Commercial photography 7336—Commercial art and graphic design 7338—Secretarial and court reporting services 7342—Disinfecting and pest control services 7359 — Equipment rental and leasing, not elsewhere classified (excluding the following uses): Airplane rental and leasing Coin operated machine rental and leasing Industrial truck rental and leasing Page I of 20 July 27,2011 Oil field equipment rental and leasing Oil well drilling equipment rental and leasing Toilets, portable rental and leasing Vending machines, rental only 7371 —Cornputer programming services 7372 — Prepackaged software 7373 — Computer integrated systems design 7374 — Computer processing and data preparation and processing services 7375 — Information retrieval services 7376 — Computer facilities management services 7379 — Computer related services, not elsewhere classified 7382 — Security systems services 7383 — News syndicates 7384 — Photofinishing laboratories 7389— Business services, not elsewhere classified 7. Communications Groups 4812 — Radiotelephone communications 4841— Cable and other pay television services 8. Construction special trade contractors (office use only, no on-site materials or equipment storage) Groups 1711— Plumbing, heating and air-conditioning 1721— Painting and paper hanging industry 1731 — Electrical work industry 1741 — Masonry, stone setting, and other stone work 1742 — Plastering, drywall, acoustical, and insulation work 1743 — Terrazzo, tile, marble, and mosaic work industry 1751— Carpentry work 1752 — Floor laying and other floor work, not elsewhere classified industry 1761 — Roofing, siding, and sheet metal work industry 1771 — Concrete work industry 1781 — Water well drilling industry 1791 — Structural steel erection 1793 — Glass and glazing work 1794 — Excavation work 1795 — Wrecking and demolition work 1796— Installation or erection of building equipment, not elsewhere 1799 — Special trade contractors, not elsewhere classified 9. Depository institutions Groups 6021— National commercial banks 6022 — State commercial banks 6029 — Commercial banks, not elsewhere classified 6035 — Savings institutions, federally chartered 6036 — Savings Institutions, not federally chartered 6061 — Credit unions, federally chartered 6062 — Credit unions, not federally chartered 6091— Non-deposit trust facilities 6099— Functions related to depository banking, not elsewhere classified Page 2 of 20 July 27, 2011 10. Eating and drinking places (Group 5812, including only liquor service accessory to the restaurant use, no outdoor music or televisions, no windows or walls permitted to be open to the outside, except as required by code.) 11. Executive, legislative, and general government, except finance Groups 9111 —Executive offices 9121 — Legislative bodies 9131 — Executive and legislative offices combined 9199 — General government, not elsewhere classified 12. Food. stores Groups 5411, — Grocery stores (one must be a minimum 27,000 square feet) 5421 — Meat and fish (seafood) markets, including freezer provisioners 5431 — Fruit and vegetable markets 5441 — Candy, nut, and confectionery stores 5451 — Dairy products stores 5461 — Retail bakeries 5499 — Miscellaneous food stores, including convenience stores with fuel pumps and carwash (Tract B only) 13. General merchandise stores Groups 5311 — Department stores 5331 — Variety stores 5399 — Miscellaneous general merchandise stores 14, Home furniture, furnishings, and equipment stores Groups 5712 — Furniture stores 5713 — Floor covering stores 5714 — Drapery, curtain, and upholstery stores 5719 — Miscellaneous home furnishings stores 5722 — Household appliance stores 5731 — Radio, television, and consumer electronics stores 5734 — Computer and computer software stores 5735 — Record and prerecorded tape stores (no adult oriented sales) 5736— Musical instrument stores 15. Insurance carriers Groups 6311— Life insurance 6321 — Accident and health insurance 6324— Hospital and medical service plans 6331 —Fire, marine, and casualty insurance 6351 — Surety insurance 6361 —Title insurance 6371 — Pension, health and welfare funds 6399 — Insurance carriers, not elsewhere classified 6411— Insurance agents 16. Justice, public order and safety Groups 9221 — Police protection 9222 — Legal counsel and prosecution 9229 — Public order and safety, not elsewhere classified 17. Meeting and banquet rooms Page 3 of 20 July 27, 2011 wool 18. Miscellaneous retail (no adult oriented sales) Groups 5912 — Drug stores and proprietary stores 5921— Liquor stores (accessory to grocery or pharmacy only) 5932 — Used merchandise stores 5941 — Sporting goods stores and bicycle shops 5942 — Book stores 5943 — Stationery stores 5944 — Jewelry stores, including repair 5945 — Hobby, toy, and game shops 5946 — Camera and photographic supply stores 5947 — Gift, novelty, and souvenir shops 5948 — Luggage and leather goods stores 5949 — Sewing, needlework, and piece goods stores 5992 — Florists 5993 — Tobacco stores and stands 5994 — News dealers and newsstands 5999— Miscellaneous retail stores, not elsewhere classified (excluding gravestone, tombstones, auction rooms, monuments, swimming pools, and sales barns) 19. Non-depository credit institutions Groups 6111 — Federal and federally-sponsored credit agencies 6141 — Personal credit institutions 615 ) —Short-term business credit institutions, except agricultural 6159 — Miscellaneous business credit institutions 6162 — Mortgage bankers and I oan correspondents 6163 — Loan brokers 20. Offices and clinics of dentist (Group 802 1) 21. Personal services Groups 7212 — Garment pressing, and agents for laundries and drycleaners 7221— Photographic studios, portrait 7231— Beauty shops 7241 —Barber shops 7251 — Shoe repair shops and shoeshine parlors 7291— Tax return preparation services 7299 — Miscellaneous personal services, not elsewhere classified, excluding massage parlors, Turkish baths and escort services 22. Public finance, taxation, and monetary policy (Group 9311) 23. Real Estate Groups 6512 — Operators of nonresidential buildings 6513 — Operators of apartment buildings 6514 — Operators of dwellings other Than apartment buildings 6515 — Operators of residential mobile home sites 6517 — Lessors Lessors of railroad property 6519— Lessors of real property, not elsewhere classified 6531 — Real estate agents and managers, 6541— Title abstract offices 6552 — Land subdividers and developers, except cemeteries Page 4 of 20 July 27, 2011 P4 Flo 24. Schools and educational services, not elsewhere classified (Group 8299) 25. Security and commodity brokers, dealers, exchanges, and services Groups 6211- Security brokers, dealers, and flotation companies 6221 — Commodity contracts brokers and dealers 6231 — Security and commodity exchanges 6282 — Investment advice 6289 — Services allied with the exchange of securities or commodities, not elsewhere classified 26. Social services Groups 8322 — Individual and family social services (adult day care centers only) 83151 — Child day care services 27. Travel agencies (Group 4724) 28. Veterinary services for animal specialties (Group 0742, excluding outdoor kenneling) 29. Video tape rental (Group 7841, excluding adult oriented sales and rentals) 30. United states postal service (Group 4311, excluding major distribution centers) 31. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals C'BZA") by the process outlined in the LDC. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: a. Utility buildings (including water and wastewater plants) which shall be enclosed. b. Essential service facilities c. Gazebos, statuary and other architectural features d. Utilities, water and wastewater facilities and/or plants, (all processing buildings must be enclosed.) H. PROHIBITED USES. 1. Amusement and recreation services, not elsewhere classified (Group 7999, NEC Recreational Shooting Ranges, Waterslides, etc.) (Except uses expressly listed in A.I.A. I are permitted). 2. Air and water resource and solid waste management (Group 9511) 3. Business Services Groups 7313 — Radio, television, and publishers' advertising representatives 7331 — Direct mail advertising services 4. Correctional Institutions (Group 9223) Page 5 of 20 July 27, 2011 5. Drinking places (alcoholic beverages) (Group 5813) 6. Educational services Groups 8211— Elementary and secondary schools 8221— Colleges, universities, and professional schools 8222 — Junior colleges and technical institutes 8231 — Libraries 7, Health services Groups 8062 — General medical and surgical hospitals 8063 — Psychiatric hospitals 8069. — Specialty hospitals, except psychiatric 8. Miscellaneous Retail Groups 5921 —Liquor stores 5961— Catalog and mail-order houses 5962 — Automatic merchandising machine operators 9. Personal services Groups 7211 — Power Laundries, family and commercial 7261— Funeral service and crematories 10. Social services Groups 8322 — Individual and family social services, excluding adult day care centers 8361— Residential care, including soup kitchens and homeless shelters III. OPERATIONAL STANDARD Hours of Operation: a. Grocery and indoor restaurant uses: 6 am to 11 pm b. Other retail and office uses: 6 am to 9 pm c,. Gas/convenience uses: 5 am to midnight d. Deliveries: 6 am to 10 pm e. Amplification devices serving drive-thru facilities: 6-am to 9 pm f. Outdoor dining: 6 am to 10 pm 21 Building Architecture: All buildings shall be designed in a unified architectural style which shall be stylistic of Key West, Olde Florida or Bermuda architecture. 3. Lighting: All lighting shall be architecturally designed. Parking lot lighting shall be limited to 25 feet in height and shall utilize low pressure sodium or similar bulbs, which will be shielded from neighboring residential land uses. Halogen lighting shall be prohibited. 4. Outdoor dining: Alcohol service for outdoor dining shall be accessory to food service. Page 6 of 20 July 27, 2011 Ire 5. Outdoor music: Outdoor music is prohibited for all uses within the PUD. B. PRESERVE No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for the preserve area depicted on the CPUD Master Plan, that is required to be a minimum of 4.21 acres, other than those uses allowed by Section 3.05.07 H.l.h. of the LDC, or any successor provision. Principal Uses: a. Native preserves b. Water management c. Mitigation areas d. Hiking trails, boardwalks, shelter, or other such facilities constructed for the purpose of passage through or enjoyment of the site's natural attributes. e. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals (BZA) or designee determines to be compatible in the Preserve Area. DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the CPUD Commercial Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. Page 7 of 20 July 27, 2011 8B EXHIBIT B FOR ESTATES SHOPPING CENTER CPUD TABLE I DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT 1 Whichever is greater. 2 Developer will limit single users to no greater than fifteen thousand (15,000) square feel in size, except for: One (1) grocery store user between twenty-seven thousand (27,000) and sixty thousand (60,000) square feet in size; One (1) commercial user up to thirty thousand (30,000) square feet in size; and One (1) commercial user up to twenty thousand (20,000) square feet in size. The grocery store must be constructed and receive the first certificate of occupancy as part of the first phase of construction. 3 Accessory uses such as fences/walls, dumpsters, bus shelters, signage, and similar structures are not required to meet the minimum principal or accessory setbacks as listed in Exhibit 13, Table 1, above, however they are subject to Sections 2,01.02, 4.02.02.4;02.03 and 5.06 of the LDC, 4 Except the utility building shall not be Located closer than 75 feet to the northern property line. 5 No building may exceed 30,000 square feet in size, except for the grocery anchored building with inline stores. Page 8 of 20 July 27, 2011 PRINCIPAL USES ACCESSORY USES' MINIMUM LOT AREA 10,000 Sq. Ft. NIA MINIMUM LOT WIDTH 75 Ft. N/A MINIMUM YARDS (External) From Wilson Boulevard so Ft. 45 Fit. From Golden Gate Boulevard 55 Ft. 15 Ft. From Northern Project Boundary 125 Ft. 125 Ft 4 From 3d Street NW 300 Ft. 100 Ft. From I' Street NW 35 Ft. 30 Ft. MINIMUM YARDS (Internal) Internal Drives/ROW 20 Ft. 5 Ft. Rear 15 Ft. 10 Ft. Side 10 Ft. 10 Ft. Preserve 25 Ft. 10 Ft. MINK DISTANCE BETWEEN STRUCTURES 20 Ft. or V2 the sum of the building heights N/A MAXIMUM HEIGHT (single story only) Zoned Actual 35 Ft. 45 Ft. 35 Ft. 35 Ft. MINIMUM FLOOR AREA 1,000 Sq. Ft. N/A MAX. GROSS COMMERCIAL BUILDING AREA 2,5 170,000 Sq. Ft. N/A 1 Whichever is greater. 2 Developer will limit single users to no greater than fifteen thousand (15,000) square feel in size, except for: One (1) grocery store user between twenty-seven thousand (27,000) and sixty thousand (60,000) square feet in size; One (1) commercial user up to thirty thousand (30,000) square feet in size; and One (1) commercial user up to twenty thousand (20,000) square feet in size. The grocery store must be constructed and receive the first certificate of occupancy as part of the first phase of construction. 3 Accessory uses such as fences/walls, dumpsters, bus shelters, signage, and similar structures are not required to meet the minimum principal or accessory setbacks as listed in Exhibit 13, Table 1, above, however they are subject to Sections 2,01.02, 4.02.02.4;02.03 and 5.06 of the LDC, 4 Except the utility building shall not be Located closer than 75 feet to the northern property line. 5 No building may exceed 30,000 square feet in size, except for the grocery anchored building with inline stores. Page 8 of 20 July 27, 2011 uj z 0 pill- CL if W� I floil -------------- 46 VALSON84ULE=11OR PE 0 aG F R vi C, If 3W MOE FAISOMM ST MW a 301 WIDE ENHANCED E 0 R WIDE ENK4NCE. 0 ER a9 rc L "T ZD iv r w ............... -,N .......... r,TE D WI-iiH v 'MOE ENNANCW 7 �.a� Al ......................... 8B 1*--i EXHIBIT D FOR ESTATES SHOPPING CENTER CP"UD LEGAL DESCRIPTION A PORTION OF GOLDEN GATE ESTATES, UNIT NO. 11, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF TRACT 144 OF GOLDEN GATE ESTATES, UNIT NO. 11, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89*40'50" WEST, ALONG THE SOUTH LINE OF SAID GOLDEN GATE ESTATES, UNIT No. 11, FOR A DISTANCE OF 2,000.00 FEET TO THE SOUTHWEST CORNER OF TRACT 107 OF SAID GOLDEN GATE ESTATES, UNIT No. I I; THENCE RUN NORTH 00"19'10" EAST, FOR A DISTANCE OF 860.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 106 OF SAID GOLDEN GATE ESTATES UNIT No. 11; THENCE RUN SOUTH 89140.'50" EAST, FOR A DISTANCE OF 660.00 FEET TO THE SOUTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT I I I OF SAID GOLDEN GATE ESTATES, UNIT No. 11; THENCE RUN NORTH 00 °19'101, EAST, FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF SAID TRACT 111; THENCE RUN SOUTH 89*40'50" EAST, FOR A DISTANCE OF 660.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 75 FEET OF THE NORTH 1:50 FEET OF SAID TRACT 111; THENCE RUN SOUTH 00'19'10" WEST, FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 142 OF SAID GOLDEN GATE ESTATES, UNIT No. 11; THENCE RUN SOUTH 89"40'50" EAST, FOR A DISTANCE OF 680.00 FEET TO THE NORTHEAST CORNIER OF THE SOUTH 180 FEET OF SAID TRACT 142; THENCE RUN SOUTH 00'19'10" WEST, FOR A DISTANCE OF 860.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 40.62 ACRES, MORE OR LESS. Page 10 of 20 July 27, 2011 W EXHIBIT E FOR ESTATES SHOPPING CENTER CPUD LIST OF DEVELOPER COMMITMENTS Regulations for development of the Estates Shopping Center CPUD shall be in accordance with the contents of this CPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. A. TRANSPORTATION The development of this NWUD shall be subject to and governed by the following conditions: 1. Right-of-Way for Golden Gate Boulevard Expansion and Right-of-Way for the Wilson Boulevard Expansion will be donated to the County at no cost to County within 120 days of a written request from the County. 2. The County will allow construction of a full median opening at the project entrance between Ist and 3rd, after approval of right of way permit. The design and construction shall be the responsibility of the developer. Should the project entrance access point meet signal warrants and if approved by the county, the developer will be responsible for all design and constructionfinstaltation costs of a traffic signal. The County reserves the right to modify the median opening should safety or doewnented capacity conflicts develop. Signalization, if warranted, must also be timed with the existing signal at Golden Gate Boulevard and Wilson Boulevard, with the Wilson Boulevard and Golden Gate Boulevard signal prioritized for green time. 3. The first phase of development, inclusive of the required grocery store and recognized to be no greater than 100,000 square feet, shall have a proportionate share responsibility towards intersection improvements at Wilson and Golden Gate Boulevard. 4. The last 70,000 square feet of the project shall not receive SDP approval from the Growth Management Division until commencement of County's proposed improvements to the intersection of Golden Gate Boulevard and Wilson Boulevard, unless the Developer has elected to commence construction of the intersection improvements in advance of the County (the non-site related portion of the cost of said improvements shall be eligible for road impact fee credits). No certificates of occupancy shall be issued for this phase until said intersection improvements are complete. This phase shall also have proportionate share responsibility toward the cost of the intersection of Wilson and Golden Gate Boulevard. For the purposes of this commitment "intersection improvements" shall mean four lanes of approaching and departing traffic travelling north/south and east/west and dual left turn lanes and right turn lanes in all directions except the southbound right turn lane on Wilson Boulevard being a dual right turn lane. 5. Access points shown on the Master Plan are conceptual. Page I I of 20 July 27, 2011 6. Up to four primary project access locations are proposed. Access points will be determined at Site Development Plan review in accordance with the County Access Management Policy: One direct connection to Wilson Boulevard is proposed; located as far to the North as can be reasonably accommodated on the final SDP. ii. Access to Golden Gate Blvd via 1st Street NW is proposed. iii. Access to Golden Gate Boulevard between 1st Street NW and 3rd Street NW is proposed. Refer to condition no. 2 above, referring to signalization. iv. Access to Golden Gate Blvd via 3rd Street NW is proposed. 7. The developer shall add signage at project entrance on Std Street NW prohibiting truck and/or delivery traffic. B. BUS SHELTERS 1. The developer shall install or make payment in lieu of construction for two school bus stop shelters, which shall be installed at or near the intersection of I" Street N.W. and Golden Gate Boulevard. If authorized by the School District the shelter size and location shall be coordinated with the Collier County School District. Installation of the shelters shall be concurrent with issuance of the first building certificate of occupancy if constructed by Developer. 2. At the request of Collier County, the developer shall install or make payment in lieu of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter. The exact location will be determined during site development plan review for Phase 2 of the project. If constructed by County, owner shall convey to County an easement for the bus shelter at no cost to County. C. LANDSCAPE BUFFERS 1. Any portion of the Project directly abutting residential property (property zoned E- Estates and without an approved conditional use) shall provide, at a minimum, a seventy -five (75) feet wide buffer, except the westernmost 330' of Tract 106, which shall provide a minimum 20' wide buffer in which no parking uses are permitted. Twenty -five (25) feet of the width of the buffer along the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained or re- planted native vegetation and must be consistent with subsection 3.05.07.H of the Collier County Land Development Code (LDC). The native vegetation retention area may consist of a perimeter berm and be used for water management detention.. Any newly constructed berm shall be revegetated to meet subsection 3.05.07.1-1 of the LDC (native vegetation replanting requirements). Additionally, in order to be considered for approval, use of the native vegetation retention area for water management purposes shall meet the following criteria: a. There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro- period unless it is proven that such would have no adverse impact to the existing vegetation. b. If the project requires permitting by the South Florida Water Management District, the project shall provide a letter or official document from the District Page 12 of 20 July 27, 2011 8B indicating that the native vegetation within the retention area will not have to be removed to comply with water management requirements. If the District cannot or will not supply such a letter, then the native vegetation retention area shall not be used for water management. c. If the project is reviewed by Collier County, the Developer's engineer shall provide evidence that no removal of native vegetation is necessary to facilitate the necessary storage of water in the water management area. 2. Landscape buffers adjacent to external rights-of-way shall be: 1'/3'd Streets — Minimum 30' wide enhanced buffer (Exhibit E.C.la and Exhibit E.C. I b) Wilson Boulevard — Minimum 25' wide enhanced buffer (Exhibit E.C. I c) Golden Gate Boulevard— Minimum 50' wide enhanced buffer (Exhibit E.C. I d) The seventy -five foot wide vegetative preserve/buffer identified and located along the northern property boundary shall retain existing native vegetation. Where the existing vegetation does not meet the requirements of the LDC, the owner or its successors shall replant and supplement native vegetation at all three vegetative strata as required by the LDC. Plant materials must be native species compatible with vegetation existing within the preserve area. These supplemental plantings must occur concurrent with the first phase of development on the site. The mid-story vegetative plant material may be clustered near the northern preserve edge in order to address fire safety concerns. The replanted preserve must be 80 percent opaque within one year at six feet in height. Please refer to Exhibit E.C. If for details. 4. Along the northern boundary of Tract A of the Conceptual PUD Master Plan, the Developer shall be required to install a six foot high sound wall adjacent to the preserve/landscape buffer area as depicted on Exhibit C, Master Plan.. The six foot height shall be measured from the adjacent drive aisle or I st Street NW, whichever is greater. The wall shall be installed concurrent with the commencement of site work for the first phase of commercial development on Tract A. D. ENVIRONMENTAL I A minimum of 15% of the on-site native vegetation must be retained. 29.09± acres of native vegetation exists requiring preservation of 4.21± acres of native vegetation. See calculation below. (40.69+ acres (total site) - 12.53± acres (7.54 ac. single family homes, 4.90 ac, row, .09 ac, pump station) = 28.094: acres (native vegetation) x 15% = 4.21± acres (required preserve). 2, A Black Bear Management Plan and a Fox Squirrel Management Plan are to be submitted at the time of SDP. Page 13 of 20 July 27, 2011 �1 V1 T •^I po 8B � pi r E r GA n O e �1 V1 T •^I po 8B � pi r r GA n O �1 V1 T •^I po 8B � pi ! _ a 2 y �k ƒk ©§ »A k \ f � » 4 \ � m � � g � � � � � � � � ot � � � � .� � : .� : .� � : .� � � . {�. � .� .� � , .� � *Not .� . �. e ■ $ ■ 7. c) WOO 00 n N s I'll'i b rO,�w Y. NN rI it ti C tei PO 6 4 d W W waiv luawdulaAaa put 0. s i fA Q �m;6. PC ;64 49 P-" po PC 8B � saiv loamdolaAaa tag Y OA sY 'm W-6 'M z 0.0 s i fA Q �m;6. PC ;64 49 P-" po PC 8B � Ow r 3 0 94 E� a yM� Yi M T4 J r a a u r a� U W �4 W 8B r a a u r a� U W �4 W .84 i's a I bhM b BO uj O o_ BB EXHIBIT F FOR ESTATES SHOPPING CENTER CPUD LIST OF REQUESTED DEVIATIONS 1. Deviation from Land Development Code (LDC) Section 3.05.07..H.I.h.iii, Preserve Standards, which requires a five foot minimum setback from Preserve, to permit a sound wall to be constructed adjacent to the preserve in the location depicted on Exhibit C, Master Plan. Page 20 of 20 July 27, 2011 Teresa L. Polaski 89 From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Friday, August 12, 20113:08 PM To: Teresa L. Polaski Cc: Ashton, Heidi; Williams, Steven Subject: Land use ads for 9 -13 -11 BCC Meeting Teresa I spoke with the attorneys involved with these legal ads and confirmed that Wednesday, 8/24 is fine. Also, Heidi agreed that all of the (20 day) ads should run on the same day (8/24). Should something go wrong, we still have time to get it corrected. Sorry, for any confusion. We will wait for the proofs. Thanks again for your help. Dinny Virginia A. Neet, Legal Assistant Office of the Collier County Attorney Telephone (239) 252 -8066 - Fax (239) 252 -6600 New address as of November 1 2010: Collier County Office of the County Attorney 3299 Tamiami Tr. E., Suite 800 Naples, FL 34112 -5749 Under Florida Law, e -mail addresses are public records. If you de not vivant 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, Acct. #068779 August 15, 2011 Attn: Legals Naples News Media 1100 Immokalee Road Naples, Florida 34110 Re: PUDZ- PL2009 -1017, Estates Shopping Center CPUD Dear Legals: Please advertise the above referenced notice on Wednesday, August 24, 2011, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500096189 F-- B �• 1 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, SEPTEMBER 13, 2011, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES (E) ZONING DISTRICT WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY, FOR THE PROJECT TO BE KNOWN AS THE ESTATES SHOPPING CENTER CPUD, TO ALLOW UP TO 170,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT ON PROPERTY LOCATED IN THE NORTHWEST CORNER OF THE GOLDEN GATE BOULEVARD AND WILSON BOULEVARD INTERSECTION IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 41 +/- ACRES; AND PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ- PL2009 -1017) Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. I] Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380; Assisted listening devices for the hearing impaired are available in the County Commissioners, Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts August 15, 2011 nt�y of co CLERK OF THE RC COLLIER COUNTY COUI 3301 TAMIAMI IL P.O. BOX 4 3044 llier IT COURT LOUSE Clerk of Courts Accountant Auditor Custodian of County Funds X111 NAPLES, FLORIDA 4101 -3 D. Wayne Arnold, AICP Q. Grady Minor & Associates, PA 3800 Del Rey Bonita Springs, FL. 34135 Re: Notice of Public Hearing to consider Petition PUDZ- PL2009 -1017, Estates Shopping Center CPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 13, 2011, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, August 24, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Z�. j t qW resa Polaski, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.colliercierk.com Email: collierclerkCcollierclerk.com -� 8 B nt o llier CLERK OF THE SRC IT COURT Dwight E. Brock COLLIER COUNTY OUR OUSE Clerk of Courts 3301 TAMIAMI IL E ST Clerk of Courts P.O. BOX 4 34 Accountant NAPLES, FLORIDA �044 01 - 3 44 Auditor Custodian of County Funds August 15, 2011 Kenneth R. Johnson, Trustee 4011 N. Tamiami Trail, Suite 300 Naples, FL. 34103 Re: Notice of Public Hearing to consider Petition PUDZ- PL2009 -1017, Estates Shopping Center CPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 13, 2011, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, August 24, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK L Teresa Polaski, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerk(a collierclerk.com nt ofd` liter 8 B CLERK OF THE JRC IT COURT Dwight E. Brock COLLIER COUNTY OUR MOUSE Clerk of Courts Clerk of Courts 3301 TAMIAMI IL EST P.O. BOX 4 3044 Accountant NAPLES, FLORIDA 4101 -344 Auditor Custodian of County Funds August 15, 2011 Richard Yovanovich, Esquire Coleman, Yovanovich & Koester, P.A. Northern Trust Bank Building 4001 Tamiami Trail N. Suite 300 Naples, FL 34103 Re: Notice of Public Hearing to consider Petition PUDZ- PL2009 -1017, Estates Shopping Center CPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 13, 2011, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, August 24, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLE L� t Teresa Polaski, \ Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerkCcollierclerk.com 8. B Teresa L. Polaski To: Legals NDN (legals @naplesnews.com) Subject: PUDZ- PL2009 -1017, Estates Shopping Center Attachments: PUDZ- PL2009 -1017 (Estates Shopping Ctr).doc; PUDZ- PL2009 -1017 (Estates Shopping Ctr).doc Legals, Please advertise the attached legal ad on Wednesday, August 24, 2011. Thanks Teresa L. Polaski, BMR Clerk III Minutes and Records Department 239- 252 -8411 239- 252 -8408 fax Teresa.Polaski@colliercierk.com i r � Teresa L. Polaski From: Pagan, Emely <EPagan @Naplesnews.com> Sent: Monday, August 15, 20111:55 PM To: Teresa L. Polaski Subject: Ad Confirmation Attachments: UAS1299 jpg ATTACHED please REVIEW notice & send your APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. Ad Number 1912193 Total Ad Cost $280.02 Emely PAgan 213 -6061 NOTICE OF INTENT TO CONSIDER ORDINANCE 89 Notice is hereby given that on TUESDAY. SEPTEMBER 13, 2011, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Last Tamiaml Trail Naples, Florida, the Board of County C6mmissioners will consider the enactment cad a County Ordinanc*. The meeting will commence at 9:00 A.M. The title of the proposed Ord] Hance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN� TY, FLORIDA, AMENbING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AkEA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPER- TY FROM AN ESTATES M ZONING DISTRICT WITH A WELLFIELD RISK MANAGE- MENT SPECIAL TREATMENT OVERLAY TO A COMMERCIAL PLANNED UNIT DEVEL- OPMENT (CPUD) ZONING DISTRICT`1VTH A VVELLFIEL15 RISK MANAGEMENT SPECIAL TREATMENT OVERLAY, FOR THE PROJECT TO BE KNOWN AS THE ESTATES SHOP - PING CENTER CPUE), TO ALLOW UP TO 170,000 SQUARE FEET OF COMMERCIAL DE- VELOPMENT ON PROPERTY LOCATED IN THE NORTHWEST CORNER OF THE GOLD - EN GATE BOULEVARD AND WILSON BOULEVAR D INTERSECTION IN SECTION 4, TOWNSHIP 49 SOUTH RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 41 +/- ACRES; AND PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ- PL2009- 1 t> 17) Copies of the proposed Ordinance are on file vv th the Clerk to the Board and are available for inspection, All interested parties are invited to attend and be heard. NOTE' All persons wishing. to speak can any agenda item must register with the Count administrator prior to presentation of the agenda item to be addresss�ed- Indnlvidual speakers will be limited to 3 minutes on any item. The selection of an in- dNidual to speak can behalf of an organization or group is encouraged. If recog- nized by the Chairman, a spokesperson for a group or organization may, be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said rnater al a minimum of 3 weeks prier to the respective gublic hearing. In any case, written r aaterials intended to be considered by the oard shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board wilI became a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evi- dence upon which the appeal is based, if you are a person with ,a disability who needs any accommodation its order to par- ticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3335 Tarhiami Trail East, Building W, Naples. Florida 34112, (239)2.52-8380; Assisted listening devices for the hearing impaired are available in the County !Commissioners' Office. BOARD OF COUNTY COMMISSIONERS. COLLIER Co wrP , FLORIDA MED COYLE, CHAIRMAN DWIGHT E_ BROCK, CLERK By. Teresa Pol aski, Deputy Clerk (SEAL) August 24, 2011 No1912193 w ! Teresa L. Polaski From: DeselemKay <KayDeselem @colliergov.net> Sent: Monday, August 15, 20112:47 PM To: Teresa L. Polaski; Neet, Virginia Subject: RE: Ad Confirmation -- Golden Gate Shopping Center Looks fine to me. Kay Deselem, AICP, Principal Planner Zoning Services - -Land Development Services Department Growth Management Division -- Planning & Regulation Phone: 239 - 252 -2931 Fax: 239 - 252 -6357 kaydeselem @colliergov.net - - - -- Original Message---- - From: Teresa L. Polaski fmailto: Teresa .Polaski @collierclerk.coml Sent: Monday, August 15, 20112:35 PM To: NeetVirginia Cc: DeselemKay Subject: FW: Ad Confirmation <<UAS1299.jpg>> Please review for NDN. (Estates Shopping Center) - - - -- Original Message---- - From: Pagan, Emely (mailto:EPagan @Naplesnews.coml Sent: Monday, August 15, 20111:55 PM To: Teresa L. Polaski Subject: Ad Confirmation ATTACHED please REVIEW notice & send your APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. Ad Number 1912193 Total Ad Cost $280.02 Emely PAgan 213 -6061 No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1392 / Virus Database: 1520/3835 - Release Date: 08/15/11 Please visit us on the web at www.colliercierk.com 1 Teresa L. Polaski From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Monday, August 15, 20113:09 PM To: Teresa L. Polaski Cc: Williams, Steven Subject: FW: Ad Confirmation Ok by the attorney!! - - - -- Original Message---- - From: Ashton Heidi Sent: Monday, August 15, 20113:05 PM To: NeetVirginia Cc: WilliamsSteven Subject: RE: Ad Confirmation The capitalized part is correct. Heidi Ashton -Cicko Heidi Ashton -Cicko Assistant County Attorney Land Use Section Chief Phone (239) 252 -8400 Fax (239) 252 -6300 Note: Address change on November 1, 2010: Office of the County Attorney, 3299 East Tamiami Trail, Suite 800, Naples, FL 34112 - - - -- Original Message---- - From: NeetVirginia Sent: Monday, August 15, 20113:03 PM To: AshtonHeidi Cc: WilliamsSteven Subject: FW: Ad Confirmation - - - -- Original Message---- - From: Teresa L. Polaski fmailto: Teresa .Polaski @collierclerk.coml Sent: Monday, August 15, 20112:35 PM To: NeetVirginia Cc: DeselemKay Subject: FW: Ad Confirmation <<UAS1299.jpg>> Please review for NDN. (Estates Shopping Center) - - - -- Original Message---- - From: Pagan, Emely [mailto:EPapan @Naplesnews.coml 1 m Sent: Monday, August 15, 20111:55 PM To: Teresa L. Polaski Subject: Ad Confirmation ATTACHED please REVIEW notice & send your APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. Ad Number 1912193 Total Ad Cost $280.02 Emely PAgan 213 -6061 No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1392 / Virus Database: 1520/3835 - Release Date: 08/15/11 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. I] Teresa L. Polaski From: Naples Daily News <naplesnews @clicknbuy.com> Sent: Tuesday, August 23, 2011 11:08 PM To: Teresa L. Polaski Subject: Thank you for placing your classified advertisement. Ad # 1912193 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, SEPTEMBER 13, 2011, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES (E) ZONING DISTRICT WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY, FOR THE PROJECT TO BE KNOWN AS THE ESTATES SHOPPING CENTER CPUD, TO ALLOW UP TO 170,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT ON PROPERTY LOCATED IN THE NORTHWEST CORNER OF THE GOLDEN GATE BOULEVARD AND WILSON BOULEVARD INTERSECTION IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 41+ /ACRES; AND PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ- PL20091017) Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252- 8380; Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN NAPLES DAILY NEWS 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 Kim Pokarney, who on oath says that she serves as the Accounting 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, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on August 24, 2011 Affiant further says that the said Naples Daily News is a newspaper published at Naples. in said Collier County, Florida. and that the said newspaper has heretofore been continuously published in said Collier County. Florida; distributed in Collier and Lee counties of Florida. each day and has been entered as second class mail matter at the post otiicc in Naples. in said Collier County, Florida, for a period of I vear next preceding the first publication of the attached copy of advertisement, and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the sa.-pewspaper. ( Signature of affiant Sworn to and subscribed before me This 26th day of August, 2011 (Signature of notary public) ,HUIrq KARDI E KAN6A5 =` • « ": Notary Public State of Florida My Comm. Expires Jul 29, 2013 ,;l Commission # DD 912237 L NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby Mn hat on TUESDAY, SbPTEMBER 13, 2011, in the Boardroom, 3rd Floor, AdMin Vatlon Building, Collier County Govemment Center, 3299 East Tamilami Trail,' Naples, Florida, the Board of County' Commissioners will consider the enactment of 'a County Ordinance. The meeting will commence at 9:00 AM. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUN- TY, . FLORIDA, AMENDING, ORDINANCE NO. 200"1; AS AMENDED, THE COWER FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED RE) Ty FROM AN ESTATES fE) ZONING DISTRICT WITH A WELLFIELD RISK MENT SPECIAL `TREATMENT CWMILAV m A rnuucerrAr m A.— r, vcrwr r, rvn inn rnwt'6i rV at KNOWN A5 THE ESTATES 'SHOP- PING CENTER CPUD, TO ALLOW UP TO 170;000 SQUARE FEET OF COMMERCIAL DE- VELOPMENT ON PROPERTY'LOCATED IN THE NORTHWEST CORNER OF THE GOLD- EN GATE BOULEVARD AND WBSON . BOULEVARD INTERSECTION IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 'EAST, COWER COUNTY, FLORIDA, CONSISTING OF 41+k ACRES; AND F'WDING : AN EFFECTIVE DATE., (PETITION PUDZ- PL2009- 1017) Copies of the proposed Ordinaince ase•aa file with the Clerk to the Board and are available for inspection. All Interested parties are Invited to attend and be heard. NOTE: All p County awn ni iatratorviprio�r to presentation of thenda item must register with the Individual speakers wil be limited to 3 minutes on y I em. rum el be addressed. in- dividual to any Item. The selection i f ec speak on bllalf of an organization w group is encouraged M recog- nized by Chairmm; a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or gra�his materials included in the Board agenda packets must submit said material a %imum of 3 -weeks prior:to the r nre public hearing. In any use, written materials intended to be consideredthe Board shall be submitted to the appropriate County staff a minimum of-seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaininngg thereto and therefore, may need to ensure that a verbatim record of the proc�aedings is made, which record -includes the testimony and evi- denceupon which the appeal is based If ,you are a person with a disability who needs arry accommodation in order to par- ticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact, the Collier County Facilities Managenwnt Depart- ment located at: 3335 Tamiami Trail East Building W, Naples, Florida 34112; (239)252-8380; Assisted listening devices for the hexing impaired are available In the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy perk (SEAL) Aumi l iA. 2017 Ne10 »104 Q D':� ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP V U TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 through #4 com lete the checklist and forward to Sue Filson (Im ' a #5 Route to Addressee(s) (List in routing order Office Initials Date 1. Judy Puig GMD Planning & Regulation/Operations (Initial) 2. Septembers 1.2,011 Agenda Item Number 8.13. 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Ordinance Number of Original 1 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Deselem Phone Number 252 -2931 Contact appropriate. (Initial) Agenda Date Item was Septembers 1.2,011 Agenda Item Number 8.13. ...Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance Number of Original 1 Attached — I 201kw Documents Attached INSTRUCTIONS & CHEC1<1,1CT 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be —Applicable) signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from 49 contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 49 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 0 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's �� signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC September 14, 2011 and all changes made during the meeting have been incorporated in the attached document. The County ItV Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 86 " ORDINANCE NO. 11- 3 0 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES (E) ZONING DISTRICT WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY FOR THE PROJECT TO BE KNOWN AS THE ESTATES SHOPPING CENTER CPUD TO ALLOW UP TO 150,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT ON PROPERTY LOCATED IN THE NORTHWEST CORNER OF THE GOLDEN GATE BOULEVARD AND WILSON BOULEVARD INTERSECTION IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 41 +/- ACRES; AND PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ- PL2009 -1017) WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. and D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., representing Kenneth R. Johnson, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described property; and WHEREAS, the subject property is located in a Wellfield Risk Management Special Treatment Overlay, zones W -1, W -2 and W -3, which are not changed by this PUD Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 4, Township 49 South, Range 27 East, Collier County, Florida is changed from an Estates (E) zoning district with a Wellfield Risk Management Special Treatment Overlay to a Commercial Planned Unit Development (CPUD) with a Wellfield Risk Management Special Treatment Estates Shopping Center \ PUDZ- PL2009 -1017 Rev. 9/15/11 - FINAL 1 of 2 Overlay for a 41 +/- parcel to be known as the Estates Shopping Center CPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State and after the comprehensive plan amendment in Ordinance No. 2011 -29, which created the Estates Shopping Center Subdistrict, becomes effective. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this 1+ day of 2011. ATTE BOARD OF COUNTY COMMISSIONERS DWIiq:KI` $ -NRK'0LERK COLLIER COUNTY, FLORIDA Approved as to form and 1 gal sufficiency: '4j� A (A) eidi s ton -Cicko Assistant County Attorney Section Chief, Land Use /Transportation By: FRED W. COYLE, Cha6fhan Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E — Developer Commitments Exhibit E.C.1 a — 1St Street NW Landscape Buffer Exhibit E.C.Ib — 3rd Street NW Landscape Buffer Exhibit E.C.1c — Wilson Boulevard Landscape Buffer Exhibit E.C.1 d — Golden Gate Boulevard Landscape Buffer Exhibit E.C.Ie — Tract 106 Enhanced Landscape Buffer Exhibit E.C.1 If — Supplemental Planting Exhibit F — List of Requested Deviations CP \10- CPS - 01006 \58 Estates Shopping Center \ PUDZ- PL2009 -1017 Rev. 9/15/11 - FINAL 2 of 2 [I� EXHIBIT A FOR ESTATES SHOPPING CENTER CPUD A. COMMERCIAL I. PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Amusement and recreation Groups 7911 —Dance studios, schools and halls, excluding discotheques 7991 — Physical fitness facilities 7999 — Amusement and recreation services, not elsewhere classified, allowing only day camps, gymnastics instruction, judo/karate instruction, sporting goods rental and yoga instruction (excludes NEC Recreational Shooting Ranges, Waterslides, etc.) 2. Apparel and accessory stores (no adult oriented sales) Groups 5611 — Men's and boys' clothing and accessory stores 5621 — Women's clothing stores 5632 — Women's accessory and specialty stores 5641 — Children's and infants' wear stores 5651 — Family clothing stores 5661 — Shoe stores 5699 — Miscellaneous apparel and accessory stores 3. Automotive dealers and gasoline service stations Groups 5531 — Auto and home supply stores 4. Automotive repair, services and parking (no outdoor repair /service. All repairs /services to be performed by authorized automotive technician.) Groups 7514 — Passenger car rental 5. Building materials, hardware, garden supply, and mobile home dealers Groups 5231 — Paint, glass, and wallpaper stores 5251 — Hardware stores 5261 — Retail nurseries, lawn and garden supply stores 6. Business services Groups 7334 — Photocopying and duplicating services 7335 — Commercial photography 7336 — Commercial art and graphic design 7338 — Secretarial and court reporting services 7342 — Disinfecting and pest control services 7359 — Equipment rental and leasing, not elsewhere classified (excluding the following uses): Airplane rental and leasing Coin operated machine rental and leasing Industrial truck rental and leasing Page 1 of 20 September 14, 2011 m Oil field equipment rental and leasing Oil well drilling equipment rental and leasing Toilets, portable rental and leasing Vending machines, rental only 7371 — Computer programming services 7372 — Prepackaged software 7373 — Computer integrated systems design 7374 — Computer processing and data preparation and processing services 7375 — Information retrieval services 7376 — Computer facilities management services 7379 — Computer related services, not elsewhere classified 7382 — Security systems services 7383 —News syndicates 7384 — Photofinishing laboratories 7389 — Business services, not elsewhere classified 7. Communications Groups 4812 — Radiotelephone communications 4841 — Cable and other pay television services Construction special trade contractors (office use only, no on -site materials or equipment storage) Groups 1711 — Plumbing, heating and air - conditioning 1721 — Painting and paper hanging industry 1731 — Electrical work industry 1741 — Masonry, stone setting, and other stone work 1742 — Plastering, drywall, acoustical, and insulation work 1743 — Terrazzo, tile, marble, and mosaic work industry 1751 — Carpentry work 1752 — Floor laying and other floor work, not elsewhere classified industry 1761 — Roofing, siding, and sheet metal work industry 1771 — Concrete work industry 1781 — Water well drilling industry 1791 — Structural steel erection 1793 — Glass and glazing work 1794 — Excavation work 1795 — Wrecking and demolition work 1796 — Installation or erection of building equipment, not elsewhere 1799 — Special trade contractors, not elsewhere classified 9. Depository institutions Groups 6021 — National commercial banks 6022 — State commercial banks 6029 — Commercial banks, not elsewhere classified 6035 — Savings institutions, federally chartered 6036 — Savings Institutions, not federally chartered 6061 — Credit unions, federally chartered 6062 — Credit unions, not federally chartered 6091 — Non - deposit trust facilities 6099 — Functions related to depository banking, not elsewhere classified Page 2 of 20 September 14, 2011 10. Eating and drinking places (Group 5812, including only liquor service accessory to the restaurant use, no outdoor music or televisions, no windows or walls permitted to be open to the outside, except as required by code.) 11. Executive, legislative, and general government, except finance Groups 9111 —Executive offices 9121 — Legislative bodies 9131 — Executive and legislative offices combined 9199 — General government, not elsewhere classified 12. Food stores Groups 5411 — Grocery stores (one must be a minimum 27,000 square feet) 5421 — Meat and fish (seafood) markets, including freezer provisioners 5431 — Fruit and vegetable markets 5441 — Candy, nut, and confectionery stores 5451 — Dairy products stores 5461 — Retail bakeries 5499 — Miscellaneous food stores, including convenience stores with fuel pumps (Tract B only) 13. General merchandise stores Groups 5311 — Department stores 5331 — Variety stores 5399 — Miscellaneous general merchandise stores 14. Home furniture, furnishings, and equipment stores Groups 5712 — Furniture stores 5713 — Floor covering stores 5714 — Drapery, curtain, and upholstery stores 5719 — Miscellaneous home furnishings stores 5722 — Household appliance stores 5731 — Radio, television, and consumer electronics stores 5734 — Computer and computer software stores 5735 — Record and prerecorded tape stores (no adult oriented sales) 5736 — Musical instrument stores 15. Insurance carriers Groups 6311 —Life insurance 6321 — Accident and health insurance 6324 — Hospital and medical service plans 6331 — Fire, marine, and casualty insurance 6351 — Surety insurance 6361 — Title insurance 6371 — Pension, health and welfare funds 6399 — Insurance carriers, not elsewhere classified 6411 — Insurance agents 16. Justice, public order and safety Groups 9221 — Police protection 9222 — Legal counsel and prosecution 9229 — Public order and safety, not elsewhere classified 17. Meeting and banquet rooms Page 3 of 20 September 14, 2011 18. Miscellaneous i Groups 5912 5921 5932 5941 5942 •etail (no adult oriented sales) — Drug stores and proprietary stores — Liquor stores (accessory to grocery or pharmacy only) — Used merchandise stores — Sporting goods stores and bicycle shops — Book stores [L 5943 — Stationery stores 5944 — Jewelry stores, including repair 5945 — Hobby, toy, and game shops 5946 — Camera and photographic supply stores 5947 — Gift, novelty, and souvenir shops 5948 — Luggage and leather goods stores 5949 — Sewing, needlework, and piece goods stores 5992 — Florists 5993 — Tobacco stores and stands 5994 — News dealers and newsstands 5999— Miscellaneous retail stores, not elsewhere classified (excluding gravestone, tombstones, auction rooms, monuments, swimming pools, and sales barns) 19. Non - depository credit institutions Groups 6111 — Federal and federally- sponsored credit agencies 6141 — Personal credit institutions 6153 — Short-term business credit institutions, except agricultural 6159 — Miscellaneous business credit institutions 6162 — Mortgage bankers and loan correspondents 6163 — Loan brokers 20. Offices and clinics of dentist (Group 802 1) 21. Personal services Groups 7212 — Garment pressing, and agents for laundries and drycleaners 7221 — Photographic studios, portrait 7231 —Beauty shops 7241 — Barber shops 7251 — Shoe repair shops and shoeshine parlors 7291 — Tax return preparation services 7299 — Miscellaneous personal services, not elsewhere classified, excluding massage parlors, Turkish baths and escort services 22. Public finance, taxation, and monetary policy (Group 9311) 23. Real Estate Groups 6512 — Operators of nonresidential buildings 6513 — Operators of apartment buildings 6514 — Operators of dwellings other than apartment buildings 6515 — Operators of residential mobile home sites 6517 — Lessors of railroad property 6519 — Lessors of real property, not elsewhere classified 6531 — Real estate agents and managers 6541 — Title abstract offices 6552 — Land subdividers and developers, except cemeteries Page 4 of 20 September 14, 2011 24. Schools and educational services, not elsewhere classified (Group 8299) 25. Security and commodity brokers, dealers, exchanges, and services Groups 6211 — Security brokers, dealers, and flotation companies 6221 — Commodity contracts brokers and dealers 6231 — Security and commodity exchanges 6282 — Investment advice 6289 — Services allied with the exchange of securities or commodities, not elsewhere classified 26. Social services Groups 8322 — Individual and family social services (adult day care centers only) 8351 — Child day care services 27. Travel agencies (Group 4724) 28. Veterinary services for animal specialties (Group 0742, excluding outdoor kenneling) 29. Video tape rental (Group 7841, excluding adult oriented sales and rentals) 30. United states postal service (Group 4311, excluding major distribution centers) 31. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ") by the process outlined in the LDC. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: a. Utility buildings (including water and wastewater plants) which shall be enclosed. b. Essential service facilities c. Gazebos, statuary and other architectural features d. Utilities, water and wastewater facilities and /or plants, (all processing buildings must be enclosed.) II. PROHIBITED USES: 1. Amusement and recreation services, not elsewhere classified (Group 7999, NEC Recreational Shooting Ranges, Waterslides, etc.) (Except uses expressly listed in A.I.A.1 are permitted). 2. Air and water resource and solid waste management (Group 9511) 3. Business Services Groups 7313 — Radio, television, and publishers' advertising representatives 7331 — Direct mail advertising services 4. Correctional Institutions (Group 9223) Page 5 of 20 September 14, 2011 III. � r • r 5. Drinking places (alcoholic beverages) (Group 5813) 6. Educational services Groups 8211 — Elementary and secondary schools 8221 — Colleges, universities, and professional schools 8222 — Junior colleges and technical institutes 8231 — Libraries 7. Health services Groups 8062 — General medical and surgical hospitals 8063 — Psychiatric hospitals 8069 — Specialty hospitals, except psychiatric 8. Miscellaneous Retail Groups 5921 — Liquor stores 5961 — Catalog and mail -order houses 5962 — Automatic merchandising machine operators 9. Personal services Groups 7211 —Power Laundries, family and commercial 7261 — Funeral service and crematories 10. Social services Groups 8322— Individual and family social services, excluding adult day care centers 8361— Residential care, including soup kitchens and homeless shelters OPERATIONAL STANDARDS Hours of Operation: a. Grocery and indoor restaurant uses: 6 am to 11 pm b. Other retail and office uses: 6 am to 9 pm c. Gas /convenience uses: 5 am to midnight d. Deliveries: 6 am to 10 pm e. Amplification devices serving drive -thru facilities: 6 am to 9 pm f. Outdoor dining: 6 am to 10 pm 2. Building Architecture: All buildings shall be designed in a unified architectural style which shall be stylistic of Key West, Olde Florida or Bermuda architecture. 3. Lighting: All lighting shall be architecturally designed. Parking lot lighting shall be limited to 25 feet in height and shall utilize low pressure sodium or similar bulbs, which will be shielded from neighboring residential land uses. Halogen lighting shall be prohibited. 4. Outdoor dining: Alcohol service for outdoor dining shall be accessory to food service. Page 6 of 20 September 14, 2011 5. Outdoor music: Outdoor music is prohibited for all uses within the PUD. B. PRESERVE 8 B f ;a. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for the preserve area depicted on the CPUD Master Plan, that is required to be a minimum of 4.21 acres, other than those uses allowed by Section 3.05.07 H.l.h. of the LDC, or any successor provision. I. Principal Uses: a. Native preserves b. Water management c. Mitigation areas d. Hiking trails, boardwalks, shelter, or other such facilities constructed for the purpose of passage through or enjoyment of the site's natural attributes. e. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals (BZA) or designee determines to be compatible in the Preserve Area. DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the CPUD Commercial Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. Page 7 of 20 September 14, 2011 t 1 EXHIBIT B FOR ESTATES SHOPPING CENTER CPUD TABLE I DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT ' Whichever is greater. 2 Developer will limit single users to no greater than fifteen thousand (15,000) square feet in size, except for: One (1) grocery store user between twenty-seven thousand (27,000) and sixty thousand (60,000) square feet in size; One (1) commercial user up to thirty thousand (30,000) square feet in size; and One (1) commercial user up to twenty thousand (20,000) square feet in size. The grocery store must be constructed and receive the first certificate of occupancy as part of the first phase of construction. 3 Accessory uses such as fences /walls, dumpsters, bus shelters, signage, and similar structures are not required to meet the minimum principal or accessory setbacks as listed in Exhibit B, Table I, above, however they are subject to Sections 2.01.02, 4.02.02, 4.02.03 and 5.06 of the LDC. 4 Except the utility building shall not be located closer than 75 feet to the northern property line. 5 No building may exceed 30,000 square feet in size, except for the grocery anchored building with inline stores. Page 8 of 20 September 14, 2011 PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUM LOT WIDTH 75 Ft. N/A MINIMUM YARDS (External) From Wilson Boulevard 50 Ft. 45 Ft. From Golden Gate Boulevard 55 Ft. 15 Ft. From Northern Project Boundary 125 Ft. 125 Ft. From 3` Street NW 300 Ft. 100 Ft. From I" Street NW 35 Ft. 30 Ft. MINIMUM YARDS (Internal) Internal Drives/ROW 20 Ft. 5 Ft. Rear 15 Ft. 10 Ft. Side 10 Ft. 10 Ft. Preserve 25 Ft. 10 Ft. MIN. DISTANCE BETWEEN STRUCTURES 20 Ft. or 'h the sum of the building heights N/A MAXIMUM HEIGHT (single story only) Zoned Actual 35 Ft. 45 Ft. 35 Ft. 35 Ft. MINIMUM FLOOR AREA 1,000 Sq. Ft. N/A MAX. GROSS COMMERCIAL BUILDING AREA 2, 5 150,000 Sq. Ft. N/A ' Whichever is greater. 2 Developer will limit single users to no greater than fifteen thousand (15,000) square feet in size, except for: One (1) grocery store user between twenty-seven thousand (27,000) and sixty thousand (60,000) square feet in size; One (1) commercial user up to thirty thousand (30,000) square feet in size; and One (1) commercial user up to twenty thousand (20,000) square feet in size. The grocery store must be constructed and receive the first certificate of occupancy as part of the first phase of construction. 3 Accessory uses such as fences /walls, dumpsters, bus shelters, signage, and similar structures are not required to meet the minimum principal or accessory setbacks as listed in Exhibit B, Table I, above, however they are subject to Sections 2.01.02, 4.02.02, 4.02.03 and 5.06 of the LDC. 4 Except the utility building shall not be located closer than 75 feet to the northern property line. 5 No building may exceed 30,000 square feet in size, except for the grocery anchored building with inline stores. 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C wm y n a o rcg ¢ yyrc ¢^¢ w W W W O D D � �Qaw7i $ KY K W K K �,mrvniN Q �w n p zz w 2< U y LL w LL W W Q y a ZG o c �W r� r�ir2 �Z mZ r u wZ a&K ny W N W y W W W j y U WW W WW wN y yo Qaw gg zM oz oz oz oz NJ Ng N� Na O O EXHIBIT D FOR ESTATES SHOPPING CENTER CPUD LEGAL DESCRIPTION A PORTION OF GOLDEN GATE ESTATES, UNIT NO. 11, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF TRACT 144 OF GOLDEN GATE ESTATES, UNIT NO. 11, AS RECORDED IN PLAT BOOK 4 AT PAGES 103 AND 104 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89 °40'50" WEST, ALONG THE SOUTH LINE OF SAID GOLDEN GATE ESTATES, UNIT No. 11, FOR A DISTANCE OF 2,000.00 FEET TO THE SOUTHWEST CORNER OF TRACT 107 OF SAID GOLDEN GATE ESTATES, UNIT No. 11; THENCE RUN NORTH 00-19'10" EAST, FOR A DISTANCE OF 860.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 106 OF SAID GOLDEN GATE ESTATES UNIT No.11; THENCE RUN SOUTH 89 °40'50" EAST, FOR A DISTANCE OF 660.00 FEET TO THE SOUTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 111 OF SAID GOLDEN GATE ESTATES, UNIT No. 11; THENCE RUN NORTH 00 °19'10" EAST, FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF SAID TRACT 111; THENCE RUN SOUTH 89 °40'50" EAST, FOR A DISTANCE OF 660.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 75 FEET OF THE NORTH 150 FEET OF SAID TRACT 111; THENCE RUN SOUTH 00 °19'10" WEST, FOR A DISTANCE OF 75.00 FEET TO THE NORTHWEST CORNER OF THE SOUTH 180 FEET OF TRACT 142 OF SAID GOLDEN GATE ESTATES, UNIT No. 11; THENCE RUN SOUTH 89 °40'50" EAST, FOR A DISTANCE OF 680.00 FEET TO THE NORTHEAST CORNER OF THE SOUTH 180 FEET OF SAID TRACT 142; THENCE RUN SOUTH 00 °19'10" WEST, FOR A DISTANCE OF 860.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 40.62 ACRES, MORE OR LESS. Page 10 of 20 September 14, 2011 EXHIBIT E FOR ESTATES SHOPPING CENTER CPUD LIST OF DEVELOPER COMMITMENTS Regulations for development of the Estates Shopping Center CPUD shall be in accordance with the contents of this CPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. A. TRANSPORTATION The development of this MPUD shall be subject to and governed by the following conditions: Right -of -Way for Golden Gate Boulevard Expansion and Right -of -Way for the Wilson Boulevard Expansion will be donated to the County at no cost to County within 120 days of a written request from the County. The County will allow construction of a full median opening at the project entrance between 1st and 3rd, after approval of right of way permit. The design and construction shall be the responsibility of the developer. Should the project entrance access point meet signal warrants and if approved by the county, the developer will be responsible for all design and construction/installation costs of a traffic signal. The County reserves the right to modify the median opening should safety or documented capacity conflicts develop. Signalization, if warranted, must also be timed with the existing signal at Golden Gate Boulevard and Wilson Boulevard, with the Wilson Boulevard and Golden Gate Boulevard signal prioritized for green time. The first phase of development, inclusive of the required grocery store and recognized to be no greater than 100,000 square feet, shall have a proportionate share responsibility towards intersection improvements at Wilson and Golden Gate Boulevard. 4. The last 50,000 square feet of the project shall not receive SDP approval from the Growth Management Division until commencement of County's proposed improvements to the intersection of Golden Gate Boulevard and Wilson Boulevard, unless the Developer has elected to commence construction of the intersection improvements in advance of the County (the non -site related portion of the cost of said improvements shall be eligible for road impact fee credits). No certificates of occupancy shall be issued for this phase until said intersection improvements are complete. This phase shall also have proportionate share responsibility toward the cost of the intersection of Wilson and Golden Gate Boulevard. For the purposes of this commitment "intersection improvements" shall mean four lanes of approaching and departing traffic travelling north /south and east /west and dual left turn lanes and right turn lanes in all directions except the southbound right turn lane on Wilson Boulevard being a dual right turn lane. 5. Access points shown on the Master Plan are conceptual. Page 11 of 20 September 14, 2011 6. Up to four primary project access locations are proposed. Access points will be determined at Site Development Plan review in accordance with the County Access Management Policy: One direct connection to Wilson Boulevard is proposed; located as far to the North as can be reasonably accommodated on the final SDP. ii. Access to Golden Gate Blvd via I st Street NW is proposed. iii. Access to Golden Gate Boulevard between 1st Street NW and 3rd Street NW is proposed. Refer to condition no. 2 above, referring to signalization. iv. Access to Golden Gate Blvd via 3rd Street NW is proposed. 7. The developer shall add signage at project entrance on 3`d Street NW prohibiting truck and /or delivery traffic. B. BUS SHELTERS The developer shall install or make payment in lieu of construction for two school bus stop shelters, which shall be installed at or near the intersection of I" Street N.W. and Golden Gate Boulevard. If authorized by the School District the shelter size and location shall be coordinated with the Collier County School District. Installation of the shelters shall be concurrent with issuance of the first building certificate of occupancy if constructed by Developer. At the request of Collier County, the developer shall install or make payment in lieu of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter. The exact location will be determined during site development plan review for Phase 2 of the project. If constructed by County, owner shall convey to County an easement for the bus shelter at no cost to County. C. LANDSCAPE BUFFERS Any portion of the Project directly abutting residential property (property zoned E- Estates and without an approved conditional use) shall provide, at a minimum, a seventy-five (75) feet wide buffer, except the westernmost 330' of Tract 106, which shall provide a minimum 20' wide buffer in which no parking uses are permitted. Twenty -five (25) feet of the width of the buffer along the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained or re- planted native vegetation and must be consistent with subsection 3.05.07.H of the Collier County Land Development Code (LDC). The native vegetation retention area may consist of a perimeter berm and be used for water management detention. Any newly constructed berm shall be revegetated to meet subsection 3.05.07.H of the LDC (native vegetation replanting requirements). Additionally, in order to be considered for approval, use of the native vegetation retention area for water management purposes shall meet the following criteria: a. There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro - period unless it is proven that such would have no adverse impact to the existing vegetation. b. If the project requires permitting by the South Florida Water Management District, the project shall provide a letter or official document from the District Page 12 of 20 September 14, 2011 indicating that the native vegetation within the retention area will not have to be removed to comply with water management requirements. If the District cannot or will not supply such a letter, then the native vegetation retention area shall not be used for water management. If the project is reviewed by Collier County, the Developer's engineer shall provide evidence that no removal of native vegetation is necessary to facilitate the necessary storage of water in the water management area. Landscape buffers adjacent to external rights -of -way shall be: I ` /3`d Streets — Minimum 30' wide enhanced buffer (Exhibit E.C.la and Exhibit E.C.1 b) Wilson Boulevard — Minimum 25' wide enhanced buffer (Exhibit E.C.1 c) Golden Gate Boulevard — Minimum 50' wide enhanced buffer (Exhibit E.C.1 d) The seventy -five foot wide vegetative preserveibuffer identified and located along the northern property boundary shall retain existing native vegetation. Where the existing vegetation does not meet the requirements of the LDC, the owner or its successors shall replant and supplement native vegetation at all three vegetative strata as required by the LDC. Plant materials must be native species compatible with vegetation existing within the preserve area. These supplemental plantings must occur concurrent with the first phase of development on the site. The mid -story vegetative plant material may be clustered near the northern preserve edge in order to address fire safety concerns. The replanted preserve must be 80 percent opaque within one year at six feet in height. Please refer to Exhibit E.C.If for details. 4. Along the northern boundary of Tract A of the Conceptual PUD Master Plan, the Developer shall be required to install a six foot high sound wall adjacent to the preserve /landscape buffer area as depicted on Exhibit C, Master Plan.. The six foot height shall be measured from the adjacent drive aisle or 1st Street NW, whichever is greater. The wall shall be installed concurrent with the commencement of site work for the first phase of commercial development on Tract A. D. ENVIRONMENTAL 1. A minimum of 15% of the on -site native vegetation must be retained. 28.09± acres of native vegetation exists requiring preservation of 4.21± acres of native vegetation. See calculation below. (40.62± acres (total site) - 12.53± acres (7.54 ac. single family homes, 4.90 ac. row, .09 ac. pump station) = 28.09± acres (native vegetation) x 15% = 4.21± acres (required preserve). A Black Bear Management Plan and a Fox Squirrel Management Plan are to be submitted at the time of SDP. Page 13 of 20 September 14, 2011 u u u Y s R L L R � r.+ d d i.i r.+ y 3 tl O M 1 • ^y O AVA' TTW� V1 eaad juawdolanaQ L bG _ 7s z • -��^ 1 Y Fri try + 0 M r J Y �. CN L bG _ 7s z � 3 try 4r o. ��istC a� a� L v1 W I i. FPM �I V it C� U W W lip'"aMs try 4r .� eaa d a 3uawdo[aAOU ��istC a� a� L v1 W I i. 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O 'm Z Tz Uj rj x 20 N 30 WIDE ENHANCE 9 s JL u > Ln -4 u 'u CE X:, 0 7E c,: > -Q O Q) =0 (-') .2 E U-0 Lu t 16 oc E Ln CJ - ro E Ow) - ,o -Oc m o x > < 5R cu cu Lu LU > OLE > C: aj _r , 4E' W , U) M Lj -,o zo cQC c: — 0- luo ED: o <z E jo-I 0. -f 0) CL) U) Lo a) CL W ra Lrj a OL 0. ru w U O 0 0 0 c N ro w u Ln 0) ro ra M �O -ofu rT, E Ca 5 0§ m u v u w m -0 c =3 Q) C, (V rl, fa 2) Al M IL . •. . . . . . . . • U) (5 LO E ro E 0 Ln -�6 > ' ti ro cp c: 'c) o') b . poo0 > 0 HU ro 0 m m Id uj U. co 2 E ui 0 W 'a 0) Q) r- -70 ui 'o LU lu IV 0) z 'o i> c: WL -2 E .2 o Qj N -Fu L — —CED - E fu 30' WIDE ENHANCED CD L E -, E . -0 fo Lo r T7 E U u OIL N -4 fn o - __ - - - - - - - - - - Agenda Item #: Meeting Date Presented by: C :ff Sm'SEMBLER BROOKS VILLAGE 8B NAPLES, FLORIDA Brooks Village, a neighborhood Publix shopping center with Walgreens, is located at the southwest corner of Pine Ridge Road and Collier Boulevard, in the heart of the rapidly growing southeastern Naples. Pine Ridge Road has direct access to and from 1 -75 and, together with north and south access via Collier Boulevard, this site is in an excellent location to serve a large residential trade area. POPULATION WITHIN: mile: 15 3 miles: 45,041 5 miles: 105,192 AVERAGE HOUSEHOLD INCOME: 1 mile: $73,369 C 3 miles: $70,158 Iles: $75,401 TRAFFIC COUNT: North of Pine Ridge Rd. on Collier Blvd. - 28,044 ADT East of Logan Blvd. on Pine Ridge Rd. - 22,541 ADT :rAeJ "Lett PROJECTED OPENING: June 2009 PARKING: 453 spaces ANCHORS: Publix, Walgreens CONTACT: For leasing and outparcel information contact Jon Graber, 727 - 384 -6000, Office Direct: 727 - 344 -8191, Cell: 727 - 466 -8070, Toll Free: 800- 940 -6000 or Jon. Graber@sembler.com ShopBrooksVillagexom THE SEMBLER COMPANY SEMBLER.COM 1,750 s.t 1,200 s.E 1 ,200 s.f. 1,750 s.E 1,400 s.E U 1,400 s.L 1,400 s.E u. u• 4 C_ Z oa Q� = V C C �TT M r 1 r. l -, i i IT --� — _ a R O� C Z C • 1�1 EXHIBIT F FOR ESTATES SHOPPING CENTER CPUD LIST OF REQUESTED DEVIATIONS 1. Deviation from Land Development Code (LDC) Section 3.05.07.H.l.h.iii, Preserve Standards, which requires a five foot minimum setback from Preserve, to permit a sound wall to be constructed adjacent to the preserve in the location depicted on Exhibit C, Master Plan. Page 20 of 20 September 14, 2011 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2011 -30 Which was adopted by the Board of County Commissioners on the 14th day of September, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 21st day of September, 2011. DWIGHT E. BROCK Clerk of Courts a ,� liii e r k � f7' . } Ex- officio to.1$�Pa:pd••ot y , �, County Commis2o it .✓�' + I� By: Martha Vefg „ C'" Deputy Cler T, m I 1-9 X, is ;u S Ki d Ash hwnRcom ,r 3 v 4 v 'vim �. �� e. o�'`t� �a, � ►� -�� s- S , � h�v�- imu cam. c k" un (t + f� OCt�`f STS � .� ti� °�:.�- �1��- �'�-� alp,+ or UTL Inc G (O w 4h lk�LM=N� o'c(�Jct Axe--k bc- L4 mnit'f b G i uoh in�lnl *at -Lw O'rA t a o, o n o . �'� �- b��ti� �- n-1 9 hook) M JC IJitCt Mmn-vaCot. bJ, ban C44\A(�c-k �h`� Lai. �.�; -�c ��x I�c�►�S -e. -�fi�,ti �,�� I� K-� m ►1��c�; N" Ki,�� 2 ol 0 (1 � c wA K ap � , ��M�j 1\J S�� 6� �'iu kO K C, l ITV�C C'4\j' Sa �&,,-t4,-j 4-o bE; r pt M-uvt -LJ64r) 0� I alAJ5 b-C (610 --U-Q'n kvc r�� Aw oi) ct G trn (;y'c GUS li p C�t� �YAkv� i kw,5 & 'l r e 4o c, I-j 4o Tdo,� o� -Jakr-, h0ui-og �1 ��,n ,, C) sM Agenda item Meeting Date Presented by: s S ; BCC-GMP Minutes July 28, 2010 turned in by Marcia Kendall Board Approved February 89 2011 Item #2C 8B �� 8B y MR. WEEKS: ** *Commissioners, your next item is petition CP- 2008 -2, petition requesting an amendment to the Golden Gate Area Master Plan and Golden Gate Area Future Land Use Map and Map Series to expand and modify the Randall Boulevard commercial subdistrict to allow an additional development intensity not to exceed 360,950 square feet of commercial uses of the C4 zoning district with exceptions for property located on the south side of Randall Boulevard extending from 8th Street Northeast, west to the canal on the west side of the Big Corkscrew Island Fire Station in Sections 26 and 27, Township 48 south, Range 27 east, consisting of approximately 56 -and -a -half acres. And Commissioners, you do have some registered speakers for this item. CHAIRMAN COYLE: Okay. How many speakers do we have? MR. WEEKS: Looks like six. CHAIRMAN COYLE: Six, okay. Mr. Anderson, if you'd like to make a brief presentation. MR. ANDERSON: Yes, sir, thank you. My name is Bruce Anderson from the Roetzel & Andress Law Firm, and with me today is the principal of the Emergent Development Group, Mr. Jack Sullivan. Also with me is Tim Hancock, the director of planning for Davidson Engineering. You will probably recall this application from your prior hearing. It enjoys widespread community support. The Department of Community Affairs raised two objections to this amendment. The first objection was to the original language which referred to allowing uses that are permitted in the C4 district. Their concern was that the language would allow for a self - amending Comprehensive Plan. Their thinking is that if the County Commission later decided to amend the C4 zoning district to allow additional uses, that that would J 8 B have the effect of allowing those uses automatically in the Randall Boulevard subdistrict. So we held conversations with DCA and with your staff, and we have resolved that by tying the C4 uses to those that are in existence today. We used that in a similar fashion on another subdistrict in the Golden Gate Master Plan. Their second objection concerned transportation planning. Their concern has been addressed by adding project phasing language tied to the improvements of Randall Boulevard. There is adequate capacity there today to accommodate Phase I of the project, which is limited to 100,000 square feet. There is additional language that was added after the Planning Commission by your st my client, and that's featured in yo a summary. That will allow a II to move fo ce there is sufficient capacity on Randall Boulevard do so. The other substantive change to the amendment text is that my client has agreed to -- that a grocery store anchor of at least 35,000 square feet would be included in the Phase I portion of the project. You have a companion item which is a developer contribution agre was bein i al. Under the broad parameters of that agreement, my client is donating right -of -way without impact fee credits for the eventual six -laning of Randall Boulevard. Under the DCA, both the fire station and the forestry service building on the county's property will be moved, and those two essential service agencies will collocate on the eastern corner of 8th Street and Randall Boulevard, where a traffic signal is eventually planned to go. That relocation will be at the sole expense of my client and another property owner, and that includes the cost of rezoning the property, getting SDP approval, and providing site improvements. At the outset, my client set out to create a win -win -win situation 88 for the county, the neighbors in the community, and through that petition and the DCA that we have before you, we believe we've accomplished that. We thank you for your consideration. CHAIRMAN COYLE: Thank you very much. Commissioner Coletta? COMMISSIONER COLETTA: I'm sorry. Sir, could you -- I could wait until after the speakers, if you don't mind. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: But I do want to speak after that. CHAIRMAN COYLE: Okay. Who are the speakers? Could you stand, please, for me? Is there anyone here who objects to this petition? Okay. There is one person who objects. Okay. Then we will call the speakers in order. Thank you. MR. WEEKS: First is James Siesky, who will be followed by Karen Acquard. MR. SIESKY: Good morning, Commissioners. My name is Jim Siesky of the law firm of Siesky, Pilon, and Potter. I'm here on behalf of Urika Oil, Inc., and its president, Francisco Colasso, who's with me. We didn't want to be here to object today, and it's really not our desire to object, but we're really left with no alternative. We were approached by Mr. Sullivan, I guess, in June of 2008. In April of 2009 we entered into an agreement where we would participate in the Randall Boulevard subdistrict along with his proposal. Backing up a little bit. Urika Oil owns the existing gas station and convenience store that's at the corner of Randall and Immokalee Road. Our primary concern from the very beginning has been access, because access to the station is crucial to my client's business. We've had meetings with your county Transportation Department and Mr. Sullivan and his staff. Unfortunately it seems that there's no alternative that will give my client reasonable access to his property re- 107 AUD once development goes forward here. Your staff, your transportation staff, and I have no objection with their concept, because we've hired our own traffic engineer, and he couldn't come up with anything better. He says that the county staff wants a direct route going west or -- excuse me -- east on Immokalee Road, and it would join with Randall. Perfectly reasonable. The only problem is, we have a right -in, right -out. The access, if you're coming from the west, either on Randall or on Immokalee Road, is that you're going to have to take an out -of -the -way mile trip to get to my client's property and back to your intended route which, as you know, is going to just severely damage his business. We've explored other alternatives, even consulted with an eminent domain attorney. That's probably not a reasonable solution because the county probably has the ability to do what it intends to do without any compensation to my client. We've consulted an appraiser to see whether or not this change in use would be of a significant value for my client. It will not. We've tried to negotiate some sort of an arrangement with Mr. Sullivan for an exchange of property or other possibilities. That was not successful. CHAIRMAN COYLE: That's your time limit. But, please, we want to understand the problem thoroughly, so if you could summaries quickly, we'll grant you additional time. MR. SIESKY: Thank you, sir. The problem is the construction of the road. This development will necessitate construction of that road sooner. From my client's point of view, the longer that the construction of that road can be delayed, the better his business will be. And he has -- CHAIRMAN COYLE: Well, we're good at that. MR. SIESKY: He has provided a service to this community over the years. He's been there since 1996. There's a convenience store, a ._4 O 86 '` fast -food restaurant, a bank, and a gasoline station there. And we would request whatever help you can give us. CHAIRMAN COYLE: Okay. MR. SIESKY: Thank you very much. CHAIRMAN COYLE: Thank you. Thank you. MR. WEEKS: Karen Acquard, to be followed by Pat Humphries. MS. ACQUARD: Good morning, Commissioners. For the record, it's Karen Acquard. Our home is directly behind this proposed center. As before, I'm speaking on behalf of myself, my husband, and a majority of the homeowners whose property is adjacent to this proposed development. We are in favor of it. This is the first developer who has come along who has given us, in writing, promises that would protect us from the noise and the dirt and so on from the six lanes. I also happen to have served on the last Golden Gate Master Plan Restudy Committee and -- from its inception to its sunset. I missed two meetings in two years, and we met every other Wednesday. This center meets the intent of that master plan because it is on the periphery of the Estates. The location is such that Emergent can attract the primary stores and businesses. Being involved in Estates things for many years, I have learned that the one thing that big businesses insist on is rooftop demographics. You can set them on a corner, and they can count all the cars that go past a site and say, oh, my God, and they have no place else to go, and you take it to corporate headquarters and they go, we can't count enough rooftops. That's why it took us ten years to get a scale -down Walgreen's on one corner. This has Waterways, Orangetree, Valencia Lakes, and Citrus Green rooftops. The big businesses can count the rooftops they want, and they should be happy to bring their stores there. Emergent is working with the residents to -- and has pledged to Fix* • B continue to get our input to bring us the design we like and stores that we would -- we want. We feel what -- if there's going to be commercial, we want quality commercial, and they are committed to bringing that out there. And finally, I want to point out to all of you what a shot in the arm this center could be to the economy out in our area. It will provide jobs in road construction, it will provide jobs in building construction, and when it's completed, you're talking hundreds of jobs in the stores, offices, and restaurants there. I urge you to approve this change because by doing so you can have a home run, a touchdown, and a checkered flag all in one for us. Thank you. CHAIRMAN COYLE: Thank you. MR. WEEKS: Pat Humphries, to be followed by Vahan Nazarian. MS. HUMPHRIES: Good morning. My name is Pat Humphries. I'm a resident of Golden Gate Estates, a former board of director for the Golden Gate Estates Area Civic Association, present board of director for the homeowners' association for the Golden Gate Estates, Estates Land Trust Committee member, and a volunteer for the Shy Wolf Sanctuary. Today I am speaking for myself. In 1992 I moved to Golden Gate Estates. Shortly thereafter, I heard a rumor that there was going to be a Winn Dixie on Immokalee Road in front of Orangetree. It didn't happen. In 1999, a developer made a presentation to the Estates Civic Association promising a Publix. It didn't happen. Now, finally we have a commitment for a shopping center with a quality grocery store in the right place and the right time and about time. I enthusiastically support this project because it is compatible with the Golden Gate Area Master Plan and will serve the residents of the Estates without impacting the rural character. I am confident that Emergent will build a facility that will satisfy the community both aesthetically and commercially. Thank you. CHAIRMAN COYLE: Thank you. MR. WEEKS: Mr. Vahan Nazarian, to be followed by Frank Alameda. MR. NAZARIAN: Good morning, Commissioners. CHAIRMAN COYLE: Good morning. MR. NAZARIAN: My name is Vahan Nazarian, as the person just said, and I live at Valencia Golf and Country Club development. And I just want to lend my voice in support of the Randall Boulevard shopping plaza. And it's going to provide a shopping facility that's convenient and is sorely needed for our area. Thank you very much. CHAIRMAN COYLE: Thank you. MR. WEEKS: Mr. Chairman, I think it appropriate, and I hope you agree, that I should point out that both Mr. Nazarian and the next speaker, Frank Olmeda, have signed up as representing the petitioner, Emergent Development, just for the record. CHAIRMAN COYLE: Okay, thank you. MR. WEEKS: And the final speaker after Mr. Olmeda would be Paul Unsworth. CHAIRMAN COYLE: Okay. MR. OLMEDA: Good morning, Commissioners. CHAIRMAN COYLE: Good morning. MR. OLMEDA: My name is Frank Olmeda. I live at the Valencia Golf and Country Club. My wife and I are in full support of this proposed development, and we encourage the commissioners to support and vote for -- in favor and vote yes. Thank you. CHAIRMAN COYLE: Okay. Thank you. MR. WEEKS: And again, the last speaker, Paul Unsworth. 88 MR. UNSWORTH: Hi. My name's Paul Unsworth. I'm a resident of Valencia Lakes. I'm also the chairman of the advisory committee to the developer of Valencia Lakes. I've been in contact with the developer and various residents within the community, Valencia Lakes community, that is, and I wholly -- wholeheartedly support the development. The developer has assured us and our committee that we would be involved with the design and planning aspects of it so it doesn't impact our community. It's something we really need out there. Granted, the nearest shopping center is five -plus miles. Just wanted to lend my support for this project. And there's others in our community as well that feel the same way. Thank you. CHAIRMAN COYLE: Thank you very much. Commissioner Coletta? COMMISSIONER COLETTA: Yes. Thank you, sir. Mr. Anderson, if I may, a couple of questions. You know, the only objection we had -- and I mean, it's for good reasons. When anybody has a business and they've had it for a number of years and they've put themselves into it and they feel threatened by what's happening with progress -- I mean, whether you went there or not, eventually the road's going to be four or six laned, and the same scenario of events is going to take place and the same problem we're having with E- Grocery stores, the one on Immokalee Road and the one on Golden Gate Boulevard, access can't be traditionally held when you go from a two -lane road to a four- to a six -lane road; however, as has been pointed out, that when this project comes, it's going to force the road to happen that much sooner, which -- I'm sorry. Would you elaborate on that a little bit. MR. ANDERSON: I'll defer to Mr. Casalanguida. COMMISSIONER COLETTA: Oh, okay. Nick, we're calling on your expertise. MR. KLATZKOW: Hot potato. 88 CHAIRMAN COYLE: This is called passing the buck. COMMISSIONER COLETTA: Yeah, don't go too far, Mr. Anderson. I'm not through with you yet. COMMISSIONER HALAS: Typical lawyer. MR. CASALANGUIDA: He only passed 25 cents, so we can get him on the way out, if you don't mind. For the record, Nick Casalanguida with Growth Management Services. The road is not presently deficient and it would accommodate up to 100,000 square feet right now. Because this is a Growth Management Plan amendment and there's a rezone to follow sooner, there is nothing programmed for that road to go into construction at this time within the five -year work program. So approving a Comp. Plan amendment at an intersection we've already defined as a critical intersection will not cause us to build that road faster per se. COMMISSIONER COLETTA: And am I correct in assuming, too, that if they put the supermarket in place -- which, by the way, Mr. Anderson, thank you for picking up on my suggestion for including that as the starting point for your project. The inclusion of that grocery store will not cause the automatic improvements to the intersection requiring them? MR. CASALANGUIDA: No, sir. COMMISSIONER COLETTA: So in other words, they could go through with the first phase of it. So we're probably looking at a time frame of five -years -plus; is that correct? MR. CASALANGUIDA: You know, I hate to put a time frame on it. You know, we'd have to wait and see when the funding was available and the demand that came online. I think one important note is the developer and his attorney -- and Francisco is a nice guy. I met with him many times. They reviewed 7061s, our design and said they couldn't find anything better. I mean, that is eventually what we're going to build when we expand that roadway. We'll work with them and try and do what we can, but our design is not affected, per se, by this* development. It's affected by the design of that road and the function of the roadway itself. COMMISSIONER COLETTA: Okay. Thank you very much, Nick. Question, again, for Mr. Anderson. CHAIRMAN COYLE: Don't go away, Nick. MR. CASALANGUIDA: Okay. COMMISSIONER COLETTA: Yeah. Mr. Anderson, is there any intentions of this development including another gas station and convenience store within its -- its planned development? MR. ANDERSON: No. COMMISSIONER COLETTA: So in other words, you wouldn't be competing in any way at some point in time when you do reach that critical point? I mean, of co ore, I imagine, would be of some competiti r a co nee store. But in ity, it's going to about stay tsa Okay. ell, I appreciate that, but I do have anot ues 'on, too. We wer lking about the --the compatibility of this and the oss' ility that t ere's the concern over commercialization of the area and the ca ing capacity for yourself and other developments that have p viously been approved and possibl w developments that may me down beforehand. I understand your client h done a study on is; is that correct? MR. ANDERSON: That's rrect. COMMISSIONER COLETTA: at with us th time? . ANDERSON: Yes. It as submitted to your sta d it finds tha ere is sufficient need for w nronosed 8Ba+' oth with our petition and another one that t commission chose not to smit. SSIONER COLETTA: Ok And just one last thing I'd like to add. I think this is a on er 1 project that's got the support of the community over and above what you normally see, and I commend you for bringing everybody together on this. I'd like to correct one thing. We had reference about the master plan and reference about the peripheral (sic) of the master plan. And there's no references in the master plan regarding on the peripheral. It may have taken place in discussions, but it never became part of the master plan, and I just wanted to correct that for the record. Other than that, this project's got my total support. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: In the summary ofthis, originally it said that the Planning Commission had turned this down. COMMISSIONER COLETTA: No. COMMISSIONER HALAS: I thought it did, staff recommendation. Okay. I thought it was -- MR. ANDERSON: It was approved at transmittal and at adoption. COMMISSIONER HALAS: Okay. And then there was some changes that were made, is that correct, to the wording of this document? MR. ANDERSON: Yes, sir, yes, sir. At the very last sentence under the transportation mitigation section, it would read that neither the building permit limitations nor the certificates of occupancy limitations shall apply if satisfactory alternative mitigation is approved by the Board of County Commissioners pursuant to Transportation Element Policy 5. 1, or if traffic conditions change in such a manner that adequate capacity is available. COMMISSIONER HALAS: Okay, okay. �i CHAIRMAN COYLE: Commissioner Fiala -- oh, I'm sorry. Go ahead. COMMISSIONER HALAS: I have one more questions. This is for Nick. Do you have a pictorial of the proposed transportation in regards to the gentleman that is representing the gas station there? MR. CASALANGUIDA: Yes, sir, I do. North is this way up on the viewer. COMMISSIONER HALAS: Yep. MR. CASALANGUIDA: This is Immokalee Road as it currently exists, and then you have that T intersection that comes down. And right now there's a reverse frontage road that takes you back into this site, which is the gas station site that currently exists, the shopping center site that exists, and the fire station site that exists. COMMISSIONER HALAS: Oh, okay. Got it now. I see. MR. CASALANGUIDA: What the county designed and is part of their process was to put a pond site on this vacant parcel, which is part of Emergent Development, whereas now Emergent Development has come forward and said, we will build the water management system. So the design coming off would be a free -flow ramp that would continue on, and then you would peel off and come back into the site and then come back around and go out and continue on. And this is the design that was presented to the property owner and reviewed by their traffic engineer that said that is the most feasible way of providing access to the property in the future condition. COMIVIISSIONER HALAS: Now, can you explain -- they said in regards to this that they'd have to go a mile out of the way before they -- MR. CASALANGUIDA: I think they're referencing their left bound access. CHAIRMAN COYLE: Southbound, southbound traffic on 88 � Immokalee. MR. CASALANGUIDA: Well, to come in, coming from westbound, since there's no direct way to come in, you would have to go down Immokalee, make a U -turn and then come back around and then come in. And quite frankly, Commissioners, intersections are the worst place to provide access for. Now, keep in mind, you're seeing right now a stop. In the future condition this becomes a flyover and comes down. Immokalee /Randall becomes your -- one of the most highest volume intersections there is. You have Ave Maria, Big Cypress, potentially the lab we talked about, Serenoa Development, and everything that goes on. We're trying to make this a free -flow intersection as much as we can. COMMISSIONER HALAS: The intersection you presently have, that's dangerous, very dangerous. MR. CASALANGUIDA: It is, sir, because you, currently right now, have an access point that peels off this way and comes in to serve them, and it backs up in the morning past that. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Well, my questions have been answered. Between Commissioner Halas and Commissioner Coletta, I've got them all answered. Thank you. CHAIRMAN COYLE: I'd like for you to get more specific about when this is likely to happen. You said it's not in the five -year plan now? MR. CASALANGUIDA: Correct, sir. The only thing we have now is similar to what we've done at Immokalee and Collier where Commissioner Coletta and I had worked with the developer there, is you just -- you're planning and designing and acquiring little bits of right -of -way in preparation of doing the ultimate project when you m move forward. There's nothing in the five -year CIE other than the county doing the preliminary design, any preliminary permitting with the developer as we prepare for this project. We anticipated probably a year ago that Big Cypress was going to move forward. They had the DRI, and they suspended it. This would have been an intersection that probably would have been funded by that DRI. Now we're at a point where we don't anticipate anything coming forward that would drive the construction of that intersection. CHAIRMAN COYLE: So it's definitely not going to happen in five years? MR. CASALANGUIDA: Sir, I think you know our funding, sir. There's nothing in our five -year CIE, and our funding is looking bleaker going into fiscal year'12 than it is -- than it is right now. CHAIRMAN COYLE: Okay. Does that help you any at all? MR. SIESKY: Thank you, Commissioner. It gives some comfort. But in speaking with Mr. Casalong- -- Casaluingda? COMMISSIONER FIALA: Casalanguida. Isn't that a wonderful name? MR. SIESKY: Casalanguida? I love the name. It's harder than Siesky. He indicated to us that the five -year plan is revisited every year. So with development here and other development, it is possible that next year it could be in the five -year plan; is that not true? MR. CASALANGUIDA: It's always possible that Big Cypress comes back on line and we have a large development that says, I want to fund this intersection in order to proceed, and I can't -- I can only speculate when that would happen, but I know you know the environment right now. There is nothing programmed and nothing really on the horizon that would drive that intersection. 8B i., _ i 77CCnn CHAIRMAN COYLE: The chances are, if it came into the five -year program, it would be in the fifth year of the five -year program. MR. SIESKY: We can only hope. CHAIRMAN COYLE: Yeah. I don't see anything accelerating it to the two -year horizon because just the permitting process is going to take that long. MR. CASALANGUIDA: Design and permitting will take at least 24 to 36 months, two to three years, yeah. CHAIRMAN COYLE: So I think your chances are this is going to be a while, but I don't know of a -- I don't see a long -term solution for you here, which is unfortunate. MR. SIESKY: Right, thank you. CHAIRMAN COYLE: Okay, sure. Okay. COMMISSIONER COLETTA: Motion to approve. CHAIRMAN COYLE: That was the last public speaker? COMMISSIONER HALAS: Second. CHAIRMAN COYLE: We have a motion for approval by Commissioner Coletta, and a second by Commissioner Halas. And a comment by David Weeks. MR. WEEKS: Mr. Chairman, there's one issue staff needs to bring to your attention. It's in the executive summary on Page 5, and this pertains to the property we were just discussing. CHAIRMAN COYLE: Tract 71. MR. WEEKS: Tract 71, which is in the striping pattern here. At one time they were a party to this application, and that changed earlier this year. They are no longer a party to that application. One of the changes that the applicant made post - transmittal, that is, leading up to these adoption hearings, was simply to remove that property from their proposed changes and expansion to the petition. (Commissioner Henning is now present via speakerphone.) MR. WEEKS: That is, the subject -- the Tract 71 is already in the C:� existing Randall Boulevard subdistrict, but no longer being a party to this application, then they would keep the same uses they're approved for today. That is, if this application is approved as requested, there would be no change in use for Tract 71, and that is appropriately so. The applicant had just left them alone. They made no changes to their status. They did not change their development rights. You might recall several months ago this commission approved an appeal to a zoning letter relevant to Tract 71 and also the next parcel to the west. Those are two different PUDs that, together, they comprise the existing Randall Boulevard subdistrict. The action you took was to allow C2 uses throughout this existing subdistrict. So back to Tract 71. By your action, despite what the language states in the Comprehensive Plan or the PUDs, those properties -- and we'll focus on Tract 71 again -- are allowed C2 uses. So as a matter of cleanup to the master plan language, one of your options would be to change the language for Tract 71 and replace that existing list of uses with a phrase that would state all C2 uses, because that is consistent with your prior action on that property. Staff is further offering an option that you allow all of the same uses that are being proposed for this whole expanded subdistrict, that is mostly C4 uses, to also apply to this Tract 71 even though they're no longer a party to the application. And our rationale is this: There's some compatibility concern over the Tract 71 being limited to C2 uses and the rest of this new subdistrict being allowed mostly C4 uses, but it -- an even larger concern from the staff perspective is, in thinking long term, the potential for aggregation and redevelopment to occur. And if this Tract 71 is limited to C2 uses but the properties on both sides of it are allowed C4 type uses, that potentially could preclude the ability for that aggregation and development. So to try to boil it down, there's three options that you have. One 8B V° is to leave the application as it is, which means if you approve it, Tract 71 will be allowed C2 uses based upon prior board action. Second option is to specifically change the language for Tract 71 to specifically say C2 uses are allowed. That's the cleanup part. Neither of those two actions change the development rights of that Tract 71. The third option is to make Tract 71 eligible for all of the uses as they're being proposed for the balance of this subdistrict. That does increase their development rights. That makes it -- the owner of Tract 71 could then come in and request a modification to their PUD to allow those C4 uses on the property. Last comment is, what is the downside to the county? There may or may not be any, but as Nick was just discussing intersection improvements, it's possible that some portion of Tract 71 might be needed to accommodate that future improvement to the intersection, that is, we might need some land from Tract 71 for right -of -way or utilities or some of both. And, if we have to purchase the property from Tract 71, there's the potential that the value of that property might have increased by being allowed C4 uses versus C2. CHAIRMAN COYLE: Okay. I have -- well, Commissioner Halas has a question, but let me try one first. Am I to conclude from this that the action that would serve the best interests of the property owners would be the action that would permit it, Tract 71, to have the same use as allowed elsewhere in this subdistrict? MR. WEEKS: I would certainly think so, yes, sir, to allow the same, yes, sir. CHAIRMAN COYLE: And before we make a decision, should we not talk with the people who own that property to find out what their preference would be? Have we done that? Do we have any idea what we're doing to those property owners there? MR. WEEKS: Staff has not discussed that with them, and I'm m glad to see that they're here to -- if they wish to speak. CHAIRMAN COYLE: Okay. Does the same owner own 71 as all the -- MR. WEEKS: No, sir, separate. CHAIRMAN COYLE: Do you own the entire Tract 71? MR. SIESKY: Yes, sir. CHAIRMAN COYLE: Could you give us some indication as to which option you'd like to see us -- MR. KLATZKOW: May I just interrupt? CHAIRMAN COYLE: Sure. MR. KLATZKOW: David, have we advertised for this? CHAIRMAN COYLE: That's what's bothering me here. MR. KLATZKOW: Have we advertised for any of this? No, right? MR. WEEKS: No. The advertisement is -- no. MR. KLATZKOW: I don't know how we can go forward with this. COMMISSIONER HALAS: No, we can't go forward with this. CHAIRMAN COYLE: Well, at least we can get an idea of what you would prefer. MR. SIESKY: Thank you, sir. Obviously, our first option is to have it turned down. But if it were approved, I would point out to the commission that the draft document indicates that it's the intent to promote development in this area. I had it highlighted, but I can't find it at the moment. And I don't think that it's a good idea to have a doughnut hole. I don't -- I think that's inconsistent with the stated intent of the ordinance, and for that reason, I would -- if the commission does decide to approve this application, I would request that the C4 uses be allowed on Tract 71. CHAIRMAN COYLE: Be allowed. Okay, good. Thank you 88 " very much. Now, there's a question about whether or not we can take action on that today, but at least we understand what your position is, or your preference at least. So how do we separate this --this issue? Do we just have a separate hearing on Tract 71 ? Do we have to go through another Growth Management Plan modification, or how do we do this? MR. KLATZKOW: Correct me if I'm wrong, David. Originally they were part of this application. And if they stayed part of the application, they would get this benefit. They chose to withdraw from the application, all right. MR. WEEKS: That's correct. MR. KLATZKOW: Okay. So the fact that there's a hole in the doughnut now is their doing at the end of the day. CHAIRMAN COYLE: Okay. Can they --can they elect to join the application again? MR. KLATZKOW: We haven't advertised. CHAIRMAN COYLE: Oh, okay. MR. WEEKS: The advertisement is rather general in nature. The acreage figure still encompassed the subject property, and that was necessary because it's both a modification of and an expansion of an existing subdistrict. So we had to include the subject property in that acreage figure that was in the legal ad. The square footage figure that is associated with this amendment is not specific to this Tract 71. MR. SIESKY: Commissioner, if I just may clarify. Initially what happened was the developer withdrew this parcel. We didn't withdraw. Rather than to have authorization for the developer hanging out after he withdrew us so that he may do something that we weren't aware of, we withdrew as well. CHAIRMAN COYLE: Okay. MR. SIESKY: Just for clarification. ♦. 4.� T� CHAIRMAN COYLE: So County Attorney, you're going to have to tell us how we can legally proceed here. MR. KLATZKOW: You know, I hate saying this because it makes all the sense in the world, but I'm concerned that there may be legal impediments to doing it this way. And if -- you know, if everybody here wants to take the chance of a challenge down the road, I'm okay with that, but I'm saying that you're opening yourselves up to that challenge. CHAIRMAN COYLE: How does it impact the petition, your petitioner, Mr. Anderson? MR. HANCOCK: Good afternoon, Commissioners. CHAIRMAN COYLE: You've got a minute. MR. HANCOCK: Tim Hancock with Davidson Engineering. One of the functional problems is that there is a square footage cap for additional square footage that is in the language. And if he is granted the C4 uses and comes in to rezone and increases -- requests an increase in his square footage, it would then eat into the square footage that is a part of the balance of the application. That's the best I can do in 60 seconds. CHAIRMAN COYLE: Wow. This is more complex than it has to be. MS. MOSCA: For the record, Michele Mosca, Comprehensive Planning staff. Actually the square footage allotment or allocation is specific to the expansion. The Tract 71 has the existing square feet of roughly 21,000 square feet with no cap on it. CHAIRMAN COYLE: Okay. So am I to understand then if this -- if 71 were allowed to have the C4 zoning, that the square footage would not adversely affect the petitioner that we're talking to right now; is that a fair statement? MS. MOSCA: I believe that would be a fair statement, correct. 88 A.+ CHAIRMAN COYLE: Okay. How can we make -- well, I still don't know how we proceed under these circumstances. MR. KLATZKOW: Well, what I'm saying is that -- well, one, I'd like, you know, Mr. Anderson to say that he's okay with this. What I'm saying is that if somebody later objects, you've got a problem. If nobody objects, you have no problem. CHAIRMAN COYLE: Yeah. MR. KLATZKOW: So you might be doing the right thing, but you might be opening everybody up here to a challenge. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: My concern is, the people that butt up to this area, there's where the challenge may be, because they may be happy with C2 but not with C4. So I think -- I think that's a problem, too. MS. MOSCA: Commissioner Halas, the entire subdistrict, excluding Tract 71, would be eligible for C4 uses. So it would be the single parcel that would be limited to the C2 uses. CHAIRMAN COYLE: I think what you just said was the same thing Commissioner Halas said, but I'm not sure. Tract 71 -- COMMISSIONER HALAS: Butts up to residential. CHAIRMAN COYLE: Yeah, yeah. And if they are allowed to have C4 uses, the residential to the south of that project -- COMMISSIONER HALAS: May be opposed to it. CHAIRMAN COYLE: Yeah. MS. MOSCA: Perhaps. COMIVIISSIONER HALAS: So -- and you haven't checked with them. MR. WEEKS: But I would point out -- excuse me -- point out that when this petition was transmitted, approved for transmittal, the original application did include Tract 71 and it did include C4 uses, and heretofore, until today, we've not heard any objections to that. 8 CHAIRMAN COYLE: Okay. So the assumption is that it was previously submitted and identified as part of this petition? MR. WEEKS: That is correct. CHAIRMAN COYLE: There was no objection to that rezoning, so logically you would assume that there won't be an objection now. But it could be a challenge if someone wanted to do that. What do you think, Mr. Anderson? MR. ANDERSON: Well, I'm a little uncomfortable because I've never seen their language, so I'm not sure about the square footage cap. Also, this language has very specific provisions about architectural work and participating in that unified architectural theme. CHAIRMAN COYLE: Yeah, yeah. MR. ANDERSON: We're kind of uncomfortable. MR. KLATZKOW: You know, we could table this, sir, so that everybody can get together and figure out what the ramifications are and then get back to this. CHAIRMAN COYLE: Well, the problem is, you probably can't do that today. I would doubt if you'd be able to solve that today. If you can, that's wonderful. But your next shot is September, and I don't know if you want to wait that long. So how do we proceed then if this petitioner wants to go ahead? MR. KLATZKOW: It's his application. This is a private application. Mr. Weeks had suggested a different -- or modification to it. If Mr. Anderson says he does not want to proceed in this manner, I don't think he should proceed. CHAIRMAN COYLE: Okay. You're paying for it, right? MR. ANDERSON: Yes, sir. CHAIRMAN COYLE: It's your application. How do you want to go? MR. ANDERSON: Well, I want approval. CHAIRMAN COYLE: How bad do you want approval? You } 80 want approval without the changes to Tract 71, is what you're saying? MR. ANDERSON: That would probably be our preference. This was kind of last minute, and we weren't consulted about it either. CHAIRMAN COYLE: Okay. Now, what do we do to help Tract 71 owners? MR. KLATZKOW: Well, look. I mean -- CHAIRMAN COYLE: I mean, after this -- let's suppose we go ahead with this and we approve this petition which is, you know, their petition, and if we approve that petition, what can we do to help Tract 71 owners after that? MR. WEEKS: Well, Tract 71 owners will still be eligible at their own initiative to amend their existing PUD to allow all C2 uses, because right now their PUD is very narrow following the very narrow language in the Golden Gate Master Plan for their property. So they -- due to your prior action, if you don't do anything further for Tract 71 today, you've already made them eligible for all C2 uses. They can -- CHAIRMAN COYLE: And that's a PUD revision? MR. WEEKS: That is correct, PUD amendment only. CHAIRMAN COYLE: GMP -- it's not a GMP modification? MR. WEEKS: That's correct. CHAIRMAN COYLE: Now, if they want to go to C4 -- MR. WEEKS: Then they will need to amend the GMP and their PUD. CHAIRMAN COYLE: It becomes more time - consuming and more expensive. MR. WEEKS: Yes, sir. CHAIRMAN COYLE: Okay. All right. There is an alternative, at least, but I think it's the best we can do under the circumstances. MR. WEEKS: Mr. Chairman, if I can say something further �L about the option of adding the C2 uses for their property. Again, because of the prior board action, staff has flagged this subdistrict as a cleanup change needed to the Golden Gate Master Plan. As part of the evaluation and appraisal .report, which we're working on right now, we can identify -- if this gets approved today as proposed by the applicant, staff could identify then in the EAR as an issue Tract 71 uses to be changed to reflect C2. Again, to reflect your own prior action as a matter of cleanup, because there is the discrepancy of the language saying, here's your list of 13 uses versus the board's action of saying you get C2. So we could clean that up and get that part of it straightened out, and then it's up to the applicant if and when they want to come in and amend their PUD. CHAIRMAN COYLE: Okay. All right. Okay. Do I hear a motion -- COMMISSIONER HALAS: You got a motion. CHAIRMAN COYLE: -- on this particular -- okay. COMMISSIONER COLETTA: And a second. CHAIRMAN COYLE: And a second. Do we have a vote? COMMISSIONER COLETTA: Not yet. That's next. COMMISSIONER HALAS: You're going to have to stipulate exactly -- we're going to have to stipulate that -- CHAIRMAN COYLE: Well, it won't include Tract 71. COMMISSIONER HALAS: It won't include Tract 71. MR. WEEKS: I would ask that the motion be to -- I believe that was the motion, is to approve the petition as requested by the applicant, and I would say further, as modified in your executive summary, that one sentence that Bruce read into the record. CHAIRMAN COYLE: Yep, okay. COMMISSIONER COLETTA: I incorporate that in the motion. CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: And in my second. 86 CHAIRMAN COYLE: Okay. The motion is to approve the request by the petitioner to include the modification as stated in our executive summary concerning Transportation Element Policy 5. 1, and it will not include Tract 71. COMMISSIONER FIALA: Nick looks like he wants to say something. MR. CASALANGUIDA: You may have a commissioner on the phone, but you've got a companion item with this that you may want to discuss first, and then take action separately but with both of them going forward, because they are tied together. In other words, if you hear the companion item and you already motioned to approve this and you don't like the companion item, I just want to make sure that they're kind of -- they're kind of tied together. CHAIRMAN COYLE: Okay. Commissioner Henning, are you with us? COMMISSIONER HENNING: I am briefly. I just lost my charger again, so I'm here until the phone goes dead. CHAIRMAN COYLE: Okay. Then we'll -- you're suggesting then, Nick, that we take a look at the companion item before we vote on this one? MR. CASALANGUIDA: I would suggest that you hear the companion item, and then if you like what you hear, then you vote on both separately. CHAIRMAN COYLE: All right, okay. Just as long as everybody understands that what we're considering on this petition has nothing to do with Tract 71 at the present time. MR. CASALANGUIDA: Right. COMMISSIONER HALAS: Yep. MR. KLATZKOW: And Commissioners, could I get a motion from the board that Commissioner Henning may participate by telephone due to extraordinary circumstances? CHAIRMAN COYLE: Okay. All who wish to grant approval for Commissioner Henning to participate by telephone, please say aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: (No response.) CHAIRMAN COYLE: Any opposed? (No response.) CHAIRMAN COYLE: It's approved unanimously. MR. KLATZKOW: Thank you, sir. CHAIRMAN COYLE: All right. Now you're going to tell us about the companion. MR. CASALANGUIDA: You've already heard much about it, Commissioners. The developer's agreed to work with the fire district and the forestry division, as well as the county EMS, Transportation Department, to design and incorporate water management into his development, as well as provide right -of -way. There is a reduction in buffering on the roadway to allow to accommodate a little bit of a thinner buffer but with the same plant material. And another note is that when we come to rezone, that these -- DCA becomes more refined with the exhibits, because we are really at a conceptual phase with both the water management system and the roadway design. So we had put that language in the DCA that says, prior to rezone, you'll revisit pretty much the DCA and redefine all these exhibits to be more accurate with the road project. Other than that, I'll answer any questions that you have. CHAIRMAN COYLE: Okay. Now, I want to make sure there are no inconsistencies between the companion item and the ORC Report. No? MR. WEEKS: No. MR. CASALANGUIDA: No. The DCA is addressing roadway deficiencies and compatibility with its neighbors, but not land use. CHAIRMAN COYLE: Okay. MR. CASALANGUIDA: Yeah. CHAIRMAN COYLE: All right. Any questions, comments, motions from the board? COMMISSIONER COLETTA: Motion to approve. CHAIRMAN COYLE: Okay. Motion to approve the companion item and -- COMMISSIONER COLETTA: Do we have to vote on them separately? MR. KLATZKOW: No, you can do it at once if you'd like. CHAIRMAN COYLE: We can do it at one time? MR. KLATZKOW: Sure. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Okay. And the original motion I made. CHAIRMAN COYLE: Then we're going to have a vote on the original motion -- COMMISSIONER HALAS: I'll second that. CHAIRMAN COYLE: -- which will include the companion item as just described. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) �(4 4,e • A- 1 CHAIRMAN COYLE: Then it passes unanimously, 5 -0. MR. ANDERSON: Thank you very much. CHAIRMAN COYLE: Okay. I'm wondering if we can finish this. Can we finish this? MR. WEEKS: These should go very fast, Commissioners. MR. NADEAU: Mr. Chairman, Dwight Nadeau, representing the petitioner. We would like to try and move forward, if we could. CHAIRMAN COYLE: Okay. MR. WEEKS: 1 just want to read it on the record. CHAIRMAN COYLE: Let's move forward. MR. WEEKS: ** *Okay. Next is petition CP- 2008 -4, petition requesting an amendment to the Future Land Use Element and Future Land Use Map and Map Series to redesignate from rural fringe mixed -use district sending lands to neutral lands, property located on the east and south sides of Washburn Avenue, East of the Naples Landfill, in Section 31, Township 49 south, Range 27 east, consisting of approximately 28.76 acres. Commissioners, that's the title that has been advertised. I think Dwight will probably mention to you we've had some changes to the application as a result of the ORC Report. CHAIRMAN COYLE: Okay. MR. NADEAU: Again, Commissioners, Dwight Nadeau, for the record, with RWA, representing the petitioners, Filmore Recycling, Filmore LLC, on this CP- 2008 -4. We had originally gone through our transmittal vetting process where we were going to change the designation from a rural fringe mixed -use district sending designation to a neutral designation to allow for a construction and demolition debris recycling operation. (Commissioner Henning is no longer present via speakerphone.) MR. NADEAU: It would augment the existing recycling operation that's on the subject property. f..k ,,« 88 We made our transmittal. We did have some verbal indication from DCA that they wouldn't have any objection. There was a -- the ORC Report came back with some objection. And for lack of a better term, I think it was more of a precedence matter in creating a hole in the Future Land Use Map. And so, through discussions with staff and the DCA, it was found to be appropriate to create a written exception within the Future Land Use Element to provide for the desired land use and not have to make the land -- not have to make the map change. The applicant is in agreement with the language that's been proposed. We have a letter of support on the petition. And with that, I humbly request your approval. CHAIRMAN COYLE: Okay. And staff no longer has any objections? MR. WEEKS: That is correct. CHAIRMAN COYLE: And we are in compliance with the ORC Report? MR. WEEKS: Based on our discussions with the DCA staff, they are in agreement with the language that is before you. CHAIRMAN COYLE: Okay. There seemed to be a difference between your discussions and the written report, however, if I remember correctly. MR. WEEKS: That's correct. The written report was based on the original petition as was approved for transmittal, which was to redesignate the land from sending to neutral. And the proposal now is, leave the property designated sending, just by text amendment, add this one specific use for this property. DCA was okay with that verbally. CHAIRMAN COYLE: And the petitioner's okay with that? MR. NADEAU: Yes, sir. CHAIRMAN COYLE: Okay. Is there a recommendation -- COMMISSIONER HALAS: Motion to approve. t.: 8 B CHAIRMAN COYLE: Motion to approve by Commissioner Halas. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second by Commissioner Fiala. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Commissioner Henning, were you with us? COMMISSIONER HALAS: No, he's not. COMMISSIONER COLETTA: It went back off again. CHAIRMAN COYLE: Then it passes, 4 -0. MR. NADEAU: Thank you, Commissioners. MR. WEEKS: ** *Commissioner, your last item is a county- initiated petition, petition CPSP- 2008 -7, staff petition requesting an amendment to the Future Land Use Element to add a new policy, 4.11, pertaining to aligning planning time frames in the GMP. You approved it unanimously for transmittal. There were no comments in the ORC Report. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER HALAS: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by a Commissioner Coletta, and second by Commissioner Halas and Commissioner Fiala. Is there any further discussion? f 86 (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS : Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes, 4 -0. MR. WEEKS: That's it, Commissioners. CHAIRMAN COYLE: Okay. We don't have to do anything else. I'll entertain a motion to adjourn. COMMISSIONER HALAS: Motion to adjourn. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to adjourn, Commissioner Halas, second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS : Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: We are adjourned. Thank you very much, ladies and gentlemen. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12 :28 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS /EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISWCTS UNDER ITS CONTROL FRED COYLE, Chairman AMSM' ATTEST a.. Tk� -OR ocK, cc DWIGHT E. BROCK, CLERK .. �� These minutes approved by the B d on li'LL S 3f d 1 S 2/'9 2 o i i , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. �► ESTATES SNOPRNG ;1 RANDALL PRIMARY & SECONDARY TRADE AREA ESTATES SHOPPING — TAZ TRADE AREA OVERLAP RFMUD SENDING LANDS RFMUD RECEIVING LANDS O ESTATES TAZ NOT PART OF RANDALL TRADE AREA R i r3�y 400 .agenda lte;r, #: Meeting Date : 3 -13 Presented bv. r ` ; Avv� he Awe K z 47m J -At: N:— fJ J-1fd -Ave NE At* NE u7 tt t NE r. .. 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