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Backup Documents 10/26/2010 Item #17BCOLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) #W11 Originating Dept/ Div: ODES. /Zoning Person: Nancy Oundla Date: 0,71, I O Petition No. (If none, give brief description): PUDZ - 2008 -AR- 14048, Barefoot Commercial Center Petitioner. (Name & Address): yQ. Grady Minor & Associates, D. Wayne Arnold, 3800 Via Del Rey, Bonita Springs, FL 34134 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) diehard D. Yovanovich, Esq., Goodlette, Coleman, and Johnson, P.A., 4001 Tamiami Trail, Suite 300, Naples, FL 34103�1(obert E Williams, Trustee, 3240 5th Ave. S.W., Naples, FL 34117 Hearing before BCC BZA Other Requested Hearing date: October 26. 2010 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): Dili Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ- 2008 - Alt -14048 Robert E. Williams, Trustee of the Robert E. Williams Trust dated October 5, 2004, represented by D. Wayne Arnold, AiCP of Q. Grady Minor and Associates, Inc. and Richard Yovanovich of Coleman, Yovanovich & Koester, P.A., is requesting a rezoning from Commercial (C -2) and Mobile Home (MH) zoning districts with a Rural Fringe Mixed Use Neutral Lands overlay to a Commercial Planned Unit Development (CPUD) zoning district, with removal of the Rural Fringe Mixed Use Neutral Lands overlay, for a project to be known as Corkscrew Commercial Center CPUD. The rezoning petition allows for a maximum 60,000 square feet of commercial, retail, office, church and school uses. The subject property consists of 8 +/- acres which is located at the northwest corner of Immokalee Road and Platt Road in Section 27, Township 47 South, Range 27 East, in Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4500096189 for Account Number: 068779 Reviewed by: q_ Z7- to Division 49ninistrator or Designee Date List Attachments: s as 1&11 a A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal 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: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. # 1f11tff **Irtf +tifffffl +f # *lftlff Fll**# tti*****# ltti# fff * ***1*+fllff+ifR +*tllffff +Ifff i*tfflRif *f## # *t FOR CLERK'S FI E USE ONLY: L Date Received: 128 1 O Date of Public hearing: _ /0 tL Date Advertised: i0 8fo a ORDINANCE NO. 10- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -4I, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM COMMERCIAL (C -2) AND MOBILE HOME (MH) ZONING DISTRICTS WITH A RURAL FRINGE MIXED USE NEUTRAL LANDS OVERLAY TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT, WITH REMOVAL OF THE RURAL FRINGE MIXED USE NEUTRAL LANDS OVERLAY, TO BE KNOWN AS THE CORKSCREW COMMERCIAL CENTER CPUD. THE PROJECT WILL ALLOW DEVELOPMENT OF A MAXIMUM OF 60,000 SQUARE FEET OF COMMERCIAL, RETAIL, OFFICE, CHURCH AND SCHOOL USES. THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF IMMOKALEE ROAD AND PLATT ROAD, IN SECTION 27, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 8 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Wayne Arnold of Q. Grady Minor and Associates, Inc, and Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., representing Robert E. Williams, Trustee of the Robert E. Williams Trust dated October 5, 2004, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 47 South, Range 27 East, Collier County, Florida, is changed from Commercial (C -2) and Mobile Home (MH) Zoning Districts with a Rural Fringe Mixed Use Neutral Lands Overlay Corkscrew Commerclal Center PUDZ- 2009 -AR -14048 Rev. 9/08/10 Pago 1 oft 17801 to a Commercial Planned Unit Development (CPUD) Zoning District, with removal of the Rural Fringe Mixed Use Neutral Lands Overlay, to be known as the Corkscrew Commercial 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 Number 200441, 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 12010. ATTEST: BOARD OF COUNTY COMMISSION] DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Heidi Ashton -Cieko Assistant County Attorney Land Use Section Chief Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Concept Plan Exhibit D - Legal Description Exhibit E — List of Deviations Exhibit F - Developer Commitments CROSCPS•0091"s Corkscrew Com cW Center PUDZ - 2008 -AR -14048 Rev. 9/08110 Page 2 of 2 4.u: :- CORKSCREW COMMERCIAL CENTER CPUD PERMITTED USES I. Permitted Uses 17841 The 8f acre commercial project shall be developed with no more than 60,000 square feet of gross leasable floor area. 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. Accounting — Group 8721 2. Adjustment and collection services — Group 7322 3. Advertising agencies — Group 7311 4. Apparel and accessories store (up to 1,800 square feet) — Groups 5611, 5621, 5632, 5641, 5651, 5661, 5699 5. Architectural services —Group 8712 6. Auditing — Group 8721 7. Automobile parking, parking garages & structures — Group 7521 8. Banks, credit unions and trusts — Groups 6011, 6019, 6021, 6022, 6029, 6035, 6036, 6061, 6062, 6081, 6082, 6091, 6099 9. Barber shops (except barber schools) — Group 7241 10. Beauty shops (except beauty schools) — Group 7231 11. Bookkeeping services — Group 8721 12. Business consulting services — Group 8748 13. Business credit institutions — Groups 6153, 6159 14. Child day care services — Group 8351 15. Churches — Group 8661 16. Civic, social and fraternal associations — Group 8641 17. Commercial art and graphic design — Group 7336 18. Commercial photography — Group 7335 19. Computer and computer software stores (up to 1,800 square feet) — Group 5734 20. Computer programming — Groups 7371, 7372, 7373, 7374, 7375, 7376, 7377, 7378, 7379 21. Credit reporting services — Group 7323 22. Debt counseling only - Group 7299 23. Direct mail advertising services — Group 7331 24. Eating places — Group 5812 25. Education services — Groups 8211, 8221, 8222 26. Educational plants 27. Engineering services — Group 8711 September 9, 2010 Page 1 of 9 BCCZ r 28. Essential services, subject to LDC Section 2.01.03 29. Food stores, except supermarkets (up to 2,800 square feet) — Groups 5411, 5421, 5431, 5441, 5451, 5461, 5499 30. Funeral services (except crematories) — Group 7261 3,1. Garment pressing, and agents for laundries and drycleaners — Group 7212 32. Gasoline service station, subject to LDC Section 5.05.05 (allowed in Area 1 only, with a maximum of 5,000 square feet and 12 vehicle fueling positions) — Group 5541 33. General merchandise stores — Groups 5331, 5399, 34. Group care facilities (category I & II, except homeless shelter), subject to LDC Section 5.05.04. 35. Hardware stores — Group 5251 36. Health services — Groups 8011, 8021, 8031, 8041, 8042, 8043, 8049 37. Home furniture, furnishings, equipment store — Groups 5713, 5714, 5719 38. Home health care services — Group 8082 39. Insurance agencies, brokers, carriers — Groups 6311, 6321, 6324, 6331, 6351, 6361, 6371, 6399, 6411 40. Landscape architects, consulting & planning — Group 0781 41. Legal services — Group 8111 42. Libraries (except regional libraries) — Group 8231 43. Loan brokers — Group 6163 44. Management and public relations — Groups 8741, 8742 45. Mortgage bankers and loan correspondents — Group 6162 46. Musical instrument stores — Group 5736 47. Paint, glass, wallpaper stores — Group 5231 48. Personal credit institutions — Group 6141 49. Photocopying and duplicating services — Group 7334 50. Photofinishing laboratories, pick -up and drop -off establishments only — Group 7384 51. Photographic studios — Group 7221 52, Physical fitness facilities (physically integrated and operated in conjunction with another permitted use in this district) — Group 7991 53. Public relations services — Group 8743 54. Radio, television and consumer electronics store — Group 5731 55. Radio, television and publishers advertising representatives — Group 7313 56. Real estate — Groups 6531, 6541, 6552 57. Record and prerecorded tape stores — Group 5735, excluding adult oriented sales and rentals 58. Religious organizations — Group 8661 59. Repair services — miscellaneous, excluding aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines — Groups 7629, 7631 60. Retail services - miscellaneous — Groups 5912, 5942, 5943, 5944, 5945, 5946, 5947, 5948, 5949, 5961 61. Secretarial and court reporting services — Group 7338 September 9, 2010 Page 2 of 9 BCCZ 17B 4, 0 62. Security and commodity brokers, dealers, exchanges services — Groups 6211, 6221, 6231, 6282, 6289 63. Shoe repair shops or shoeshine parlors — Group 7251 64. Social services, individual and family — Group 8322 65. Surveying services — Group 8713 66. Tax return preparation services — Group 7291 67. Travel agents, and no other transportation services -- Group 4724 68, United States postal service, excluding major distribution center — Group 4311 69. Veterinary services — Group 0742, Excludes outdoor kenneling 70. Videotape rental — Group 7841, excluding adult oriented sales and rentals 71. Any other commercial use or professional service which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals. Accessory Uses/Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Uses and structures that are accessory and incidental to the permitted principal uses. 2. Cocktail lounges (Group 5813), only in conjunction with eating places (restricted to inside of building number 3). 3. Car Wash (single bay, drive- through, allowed in Area I only) — Group 7542 4. Caretaker's residence, subject to LDC Section 5.03.05. 5. Outdoor Seating (no amplified music or sound shall be permitted) 6. Sidewalk sales, subject to LDC Section 4.02.12. September 9, 2010 Page 3 of 9 BCCZ 178101. EXHIBIT B CORKSCREW COMMERCIAL CENTER CPUD DEVELOPMENTSTANDARDS Table I below sets forth the development standards for land uses within the Corkscrew Commercial Center CPUD. Standards not specifically set forth herein shall be those specified in the applicable sections of the Land Development Code (LDC) in effect as of the date of approval of the Site Development Plan (SDP) or Subdivision plat. TABLE Development Standards for Commercial District * Per subdivided lot, excluding parking areas under buildings SPS = Same as Principal Structure September 9, 2010 Page 4 of 9 BCCZ Principal Structures Accessory Structures Minimum Lot Area 10,000 square feet N/A Minimum Lot Width 75 feet N/A Minimum Setbacks — External From External Rights -of -way 25 feet SPS From Western and Northern Boundary 25 feet SPS Minimum Setbacks — Internal Internal Drives/ROW 10 feet 10 feet Preserve 25 feet 10 feet Minimum Separation of Structures 10 feet or %= sum of building heights, whichever is greater 10 feet Maximum Building Height Maximum Zoned Height I story, not to exceed 25 feet 1 story, not to exceed 25 feet Maximum Actual Height 1 story, not to exceed 30 feet I story, 30 fee a exceed et Minimum Floor Area 1,000 square feet * N/A Maximum Gross Leasable Area 60,000 square feet N/A * Per subdivided lot, excluding parking areas under buildings SPS = Same as Principal Structure September 9, 2010 Page 4 of 9 BCCZ e I !1 r1 • �4 I „�11t r 66 L 37_]7.T11;� 1 1 r 17801 COMMERCIAL CENTER CPUD LEGAL DESCRIPTION The subject property is 8.0 +1- acres, is located in Section 27, Township 47 South, Range 27 East, and is more fully described as follows: THE NORTHEAST ONE - QUARTER OF THE NORTHEAST ONE - QUARTER OF THE SOUTHEAST ONE - QUARTER OF SECTION 27, TOWNSHIP 47 SOUTH, RANGE 27 EAST, LESS THE SOUTH 30 FEET THEREOF, RESERVED FOR ROAD PURPOSES AND EXCEPT THE RIGHT -OF -WAY FOR STATE ROAD 846, COLLIER COUNTY, FLORIDA. September 9, 2010 Page 6 of 9 BCCZ 1761 EXHIBIT E CORKSCREW COMMERCIAL CENTER CPUD DEVIATIONS Deviation #1 seeks relief from LDC Section 5,05.08 C.9, Architectural Design Standards, which requires all sides of a non - residential building within a PUD to be treated as primary facades, to allow the west side of Building I and the north side of Building 2 to be treated as non - primary facades. 2. Deviation #2 seeks relief from LDC Subsection 5,03.02 H.l.c, Fences and Walls, which requires an eight (8) foot high masonry wall within the landscape buffer along Platt Road to allow for a double row four (4) -foot high hedge planted three (3) feet on center in lieu of the wall. 3. Deviation #3 seeks relief from LDC Subsection 5.05.05 D.1, Automobile Service Stations, which requires a minimum 25 foot wide landscape buffer to allow for a minimum 15 -foot wide Type D landscape buffer. September 9, 2010 Page 7 of 9 BCCZ EXHIBIT F CORKSCREW COMMERCIAL CENTER CPUD DEVELOPER COMMITMENTS Regulations for development of the Corkscrew Commercial Center CPUD shall be in accordance with the contents of this CPUD Document and applicable sections of the LDC and Growth Management Plan (GMT) 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. 2. The Corkscrew Commercial Center CPUD shall be developed using a common architectural theme throughout the project. All buildings will be designed to reflect a rural or rustic character. The Corkscrew Commercial Center CPUD shall be designed and developed to minimize unnecessary outdoor lighting. Due to the rural character of the surrounding area, all light fixtures will be shielded to direct illumination only onto the subject property and will use the minimum brightness necessary. The developer shall follow International Dark Associations ODA) "Simple Guidelines for Outdoor Lighting Regulations" and shall specify "Fixture Seal of Approval" (FSA) lighting by the IDA. 4. Because ambient noise levels are typically lower in rural areas than in urban areas, the developer shall minimize intrusive noise by prohibiting outdoor amplified sound excluding intercom systems utilized for communication with service attendant. 5. Only one, single -bay car wash facility may be permitted within the PUD, and shall only be permitted in Area 1 identified on the conceptual master plan. The car wash facility must be designed, built and operated utilizing a recycled water system in order to minimize water and wastewater demand for the facility. 6. Owner shall reserve a thirty (30) foot wide strip along the entire Immokalee Road propert y frontage and shall convey to the County a stormwater easement prior to receipt of its first certificate of occupancy. As compensation for the thirty (30) foot wide stormwater easement, Collier County shall grant to the Developer transportation impact fee credits equal to the fair market value of the stormwater easement on the date of it's conveyance. The amount of the transportation impact fee credits shall be based upon an appraisal done by the County which appraisal shall be completed within 90 days of the approval of the PUD. If the owner disagrees with the County's appraisal or the County fails to timely complete its appraisal, the owner may obtain its own appraisal and the amount of the transportation impact fee credits shall be the average of the two appraisals. If the County fails to timely complete its appraisal, the owner may obtain its own September 9, 2010 Page 8 of 9 BCCZ 178 AI appraisal and the amount of the transportation impact fee credits shall be the amount in the developer's appraisal. The owner shall also be permitted to utilize the stormwater easement for stormwater management and open space. Collier County shall incorporate the stormwater management into the roadway design for Immokalee Road. No outdoor dining or activities shall be permitted after 10:00 p.m., except that fueling operations can occur beyond 10:00 p.m. 8. A six (6) feet high wall shall be constructed within the project's western PUD landscape buffer, and shall extend from Platt Road, north approximately five hundred (525 *) feet, which shall be at least 20 feet beyond the northern edge of the parking area, as shown on the PUD master plan. Landscaping shall be provided on the exterior of the wall in accordance with the requirements of the LDC. Any tenant space located within Building 113 and occupied by a restaurant use shall be required to utilize construction methods incorporating noise attenuation techniques such as additional insulation materials on walls and ceilings. Windows and doors must remain closed except when patrons are entering or exiting the premises. September 9, 2010 Page 9 of 9 BCCZ Acct. #068779 September 29, 2010 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ- 2008 -AR- 14048, Barefoot Commercial Center Dear Legals: Please advertise the above referenced notice on Sunday, October 10, 2010, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500096189 NOTICE OF INTENT TO CONSIDER ORDINANCE of Notice is hereby given that on TUESDAY, October 26, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 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 NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM COMMERCIAL (C -2) AND MOBILE HOME (MH) ZONING DISTRICTS WITH A RURAL FRINGE MIXED USE NEUTRAL LANDS OVERLAY TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT, WITH REMOVAL OF THE RURAL FRINGE MIXED USE NEUTRAL LANDS OVERLAY, TO BE KNOWN AS THE CORKSCREW COMMERCIAL CENTER CPUD. THE PROJECT WILL ALLOW DEVELOPMENT OF A MAXIMUM OF 60,000 SQUARE FEET OF COMMERCIAL, RETAIL, OFFICE, CHURCH AND SCHOOL USES. THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF IMMOKALEE ROAD AND PLATT ROAD, IN SECTION 27, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8 ACRES; AND BY PROVIDING AN EFFECTIVE DATE Petition: PUDZ- 2008 -AR- 14048, Robert E. Williams, Trustee of the Robert E. Williams Trust dated October 5, 2004, represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, Inc. and Richard Yovanovich of Coleman, Yovanovich & Koester, P.A., is requesting a rezoning from Commercial (C -2) and Mobile Home (MH) zoning districts with Rural Fringe Mixed Use Neutral Lands overlay to a Commercial Planned Unit Development (CPUD) zoning district, with removal of the Rural Fringe Mixed Use Neutral Lands overlay, for a project to be known as Corkscrew Commercial Center CPUD. The rezoning petition allows for a maximum 60,000 square feet of commercial, retail, office, church and school uses. The subject property consists of 8 +/- acres which is located at the northwest corner of Immokalee Road and Platt Road in Section 27, Township 47 South, Range 27 East, in Collier County, Florida. 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. 17 8 44 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 3301 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: Martha Vergara, Deputy Clerk (SEAL) Couj t�, -,of c llier CLERK OF THE CIRCQIT Dwight E. Brock COLLIER COUNTY tOURI;HOU Clerk of Courts 3301 TANIIANII " AIL E,�ST P.O. BOX 4((3044 NAPLES, FLORIDA'14101 -3044 a, yy September 29, 2010 Robert E. Williams, Trustee 32405 1h Ave. SW Naples, FL 34117 COURT 1704 Clerk of Courts Accountant Auditor Custodian of County Funds Re: Petition: PUDZ- 2008 -AR- 14048, Barefoot Commercial Center Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 26, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 10, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerkCcollierclerk.com 'Count�i: oft -Qllier 17B CLERK OF THE C11 Dwight E. Brock COLLIER COUNTY ii: C 3301 TAMIAMI f' Clerk of Courts P.O. BOX 41. NAPLES, FLORIDA September 29, 2010 Coleman, Yovanovich & Koester Richard D. Yovanovich 4001 Tamiami Trail N Suite 300 Naples, FL 34103 :CVIT COURT OURfHOUSE Clerk of Courts NIL EXST 044 Accountant X4101 -3044 Auditor 01 Custodian of County Funds Re: Petition: PUDZ- 2008 -AR- 14048, Barefoot Commercial Center Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 26, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 10, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone(239)252 -2646 Fax(239)252 -2755 Website: www.collierelerk.com Email: collierclerk (a),,collierclerk.com CLERK OF THE C -�] Dwight E. Brock COLLIER COUNTY t Clerk of Courts 3301 TAMIAMI 0 P.O. BOX 41. NAPLES, FLORIDA September 29, 2010 Q. Grady Minor & Associates D. Wayne Arnold 3800 Via Del Rey Bonita Springs, FL 34134 ier 178141 a,TIT COURT RTPOUSE Clerk of Courts _EAST 4 Accountant 101 -3044 Auditor Custodian of County Funds a Re: Petition: PUDZ- 2008 -AR- 14048, Barefoot Commercial Center Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 26, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 10, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone(239)252 -2646 Fax (1239)252 -2755 Website: www.collierclerk.com Email: collierelerk@collierelerk.com Martha S. Vera: From: Sent: To: Subject: Attachments Legals, Please advertise tl. _ Send an ok when ycu Thanks, Martha Vergar;i, Minutes and Rer Clerk of the Cir- and Value P ,S Office: (239) Fax: (239) E -mail: martha., 176 '1 Martha S. Vergara Wednesday, September 29, 2010 4:05 PM Naples Daily News Legals PUDZ- 2008 -AR- 14048, Barefoot Commercial Center PUDZ- 2008 -AR -14048 (Barefoot Comm. Ctr 10- 26- 10).doc. PUDZ- 2008 -AR -14048 (10- 26- 10).doc ing attached ad on Sunday. October 10, 2010. eive. 7puty Clerk Dept. ,)urt Board 0 J6 n ra @ col I ie rclerk.com Martha S. Vergara' From: Legals NDN [legals @naplesnews.com] Sent: Thursday, September 30, 2010 10:58 AM To: Martha S. Vergara Subject: RE: PUDZ - 2008 -AR- 14048, Barefoot Commercial Center 1111 From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Sent: Wednesday, September 29, 2010 4:05 PM To: Legals NDN Subject: PUDZ- 2008 -AR- 14048, Barefoot Commercial Center Legals, Please advertise the following attached ad on Sunday. October 10, 2010. Send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara @collierclerk.com Please visit us on the web at www.collierelerk.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 helodesk2collierclerk.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. v, Bill 178 _�-2(64- D #CihiII JiF PFTITIP'N rjRwNANmP €TI73C NOTICE OF INTENT TO CONSIDER ORDINANCE Notice ie herby given that on U11DAY, Ocmbar 16,:3010, in the Bogrdroom, 31tl Floor, Adminittrabon Building, Collier County GovemmeM Center, 3301 East Ta- miami Troll, Naples, Florida the Boed of County Commissioner will consider the enactment of a County Ordiwnce. Tw'meedng will commence at 9..00 A.M. The title of the proposed Ordinance k as follows: Copies of the proposed Ordimnos an cm file with the Clark to the Board and are available for inspertlon. All interested parties are i Wm�rkoelto attend and be heard. h NOTE: AU rna wilift'to =sryolitmr agenda it�'b Ibe eddrassed� faunryry admeudsa toff peler b IrdWidwl spwkers'A" b limkW to 3 minutes on any Item. The saNRbn at an in- dividual to speak on behalf of an organization or gmup Is encouraged. If recog- nized by the CMIrmak a spokesperson for a grope or orgapizaUon may be allotted 10 mihutesto speak on an Item. persons Melting to haw written or graphic materials dad in the Board agenda peekes. Croat submit sold matetkl a mhdmum of 3 ka Prw m the ive puolk hMl R g. M any case, written materials intended To tit cwddwed Shr awry be submitted W the appropp(Ffete Cwmry staff a m d saves days PdsA t public healing. All seat@ W used in' d{NyeNR Nana fora the'. Ward will tiedssgeggsmammt partof the moord Anilto a— who deddes to aan�� #j5 of the Bgerd III( tlwd'ta reaad. of the pertalnfngg tharaW 0 isI"ab Samm H+R a verbatim pf the khteepings ksr�d� kh al "I" the testimony and wl, Aerie upenwhrch the appwi kgpad. If you are a person with a disability who needs any accommodation in order to par- in this Proceeding, you are entitled, at no 'cost w you, to the provision of certain assistartte. Please contact the Collier County Facilities Management Depart- ment, located at 3301 Tamlaml Trail East, Sul Ing W, Naples, Fbnda 112, (21339)2C u,8380.Assisted rsk listening devices for the hearing impaired are available In BOARD OF COUNTY COLLIER COUNTY, FLORIDCOMMISSIONERS A FRED COYLE, CHAIRMAN DWIGHT E. BROCK CLERK By: Martha Vergam, Deputy Clerk (SEAL) 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 Pokarnev, 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 October 10, 2010 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 office in Naples, in said Collier County. Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount. rebate, commission or refund for the purpose of securing this advertisement for publication in thS -,4d newspaper. ( Signature of affiant) Sworn to and subscribed before me This 13s' day of October, 2010 (Signature of notary public) FRED COYLE, CNRIRLWI . .: WONT E. ORQM CLERK. Nrtlt�rlM Rte, +rA�vSy , KAROL E KANGAS (,/ E Notary putljc - S1,1, ct Florida PAY Comm Expire., Joi 29, 2013 Commission # DD 912237 FRED COYLE, CNRIRLWI . .: WONT E. ORQM CLERK. Nrtlt�rlM Rte, +rA�vSy , ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 S 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 fa ter the Board has taken action on the item.l ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exrrntion of the Chairman's sienan, draw a line th mu2h routine Imes # 1 thmueh #4_ complete the checklist and forward to Sue Filson (line #5). Route to Addressee(s) (List in muting order Office Initials Date 1. Judy Puig GMD -P & R/Operations & Regulatory Mgmt. Dept. (Initial) A licable Agenda Date Item was 2. Agenda Item Number 17 B. Approved by the BCC 3. Type of Document 4. Number of Original 1 Attached 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Q �L/ lol zglo 6. Minutes and Records Clerk of Court's Office 2. 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 Nancy Gundlach I) Phone Number 239- 252 -2484 Contact appropriate. (Initial) A licable Agenda Date Item was October 26, 2010 Agenda Item Number 17 B. Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance 'D ^ILO Number of Original 1 Attached T Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Fortes/ Original Documents Routing Slip WW, 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) A licable 1. Original document has been signed/initialed for legal sufficiency. (All documents to be 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 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 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. (n l 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's 1n signature and initials are required. t 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 flame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on Oct. 26.2010 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Fortes/ Original Documents Routing Slip WW, Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17B 1 MEMORANDUM Date: November 5, 2010 To: Nancy Gundlach, Principal Planner Zoning & Land Development Reivew From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2010 -40 Attached for your records is a copy of the document referenced above, (Item #1713) adopted by the Board of County Commissioners on October 26, 2010. The Minutes and Record's Department will hold the original in the Official Record's of the Board. If you have any questions, please feel free to call me at 252 -8411. Thank you. Attachment 1 ?B MEMORANDUM Date: November 5, 2010 To: Larry Lawrence Property Appraiser From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinances: 2010 -40 and 2010 -41 Attached, for your records you will find one (1) copy of the documents referenced above, adopted by the Board of County Commissioners on Tuesday, October 26, 2010. If you should have any questions, please call me at 252 -8411. Thank you. Attachments ORDINANCE NO. 10- 40 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE 'ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM COMMERCIAL (C -2) AND MOBILE HOME (MH) ZONING DISTRICTS WITH A RURAL FRINGE MIXED USE NEUTRAL LANDS OVERLAY TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT, WITH REMOVAL OF THE RURAL FRINGE MIXED USE NEUTRAL LANDS OVERLAY, TO BE KNOWN AS THE CORKSCREW COMMERCIAL CENTER CPUD. THE PROJECT WILL ALLOW DEVELOPMENT OF A MAXIMUM OF 60,000 SQUARE FEET OF COMMERCIAL, RETAIL, OFFICE, CHURCH AND SCHOOL USES. THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF IMMOKALEE ROAD AND PLATT ROAD, IN SECTION 27, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 8 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Wayne Arnold of Q. Grady Minor and Associates, Inc. and Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., representing Robert E. Williams, Trustee of the Robert E. Williams Trust dated October 5, 2004, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 47 South, Range 27 East, Collier County, Florida, is changed from Commercial (C -2) and Mobile Home (MH) Zoning Districts with a Rural Fringe Mixed Use Neutral Lands Overlay Corkscrew Commercial Center PUDZ- 2008 -AR -14048 Rev. 9/09/10 Page 1 of 17B 14 to a Commercial Planned Unit Development (CPUD) Zoning District, with removal of the Rural Fringe Mixed Use Neutral Lands Overlay, to be known as the Corkscrew Commercial 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 Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority �vyoote of the Board of County Commissioners of Collier County, Florida, this 2 -e day of Ci bf-V, 2010. ATTEST: DWIGHT, E' iAbCfCyCLERK y: , Deputy Clerk Att@st at to Ch4Irv, n y i1p1�Wry.ra��,h,< ' Approved as to form and legal sufficiency: Heidi Ashton -Cicko Assistant County Attorney Land Use Section Chief Attachments: Exhibit A - Permitted Uses Exhibit B - Development Standards Exhibit C - Master Concept Plan Exhibit D - Legal Description Exhibit E - List of Deviations Exhibit F - Developer Commitments CP \08- CPS - 00415 \55 Corkscrew Commercial Center I'UDZ- 2008 -AR -14048 Rev. 9/08/ 10 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA r By: FRED W. COYLE, Chairman Page 2 of 2 EXHIBIT A CORKSCREW COMMERCIAL CENTER CPUD PERMITTED USES I. Permitted Uses 17B" The 8f acre commercial project shall be developed with no more than 60,000 square feet of gross leasable floor area. 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. Accounting — Group 8721 2. Adjustment and collection services — Group 7322 3. Advertising agencies — Group 7311 4. Apparel and accessories store (up to 1,800 square feet) — Groups 5611, 5621, 5632, 5641, 5651, 5661, 5699 5. Architectural services — Group 8712 6. Auditing — Group 8721 7. Automobile parking, parking garages & structures — Group 7521 8. Banks, credit unions and trusts — Groups 6011, 6019, 6021, 6022, 6029, 6035, 6036, 6061, 6062, 6081, 6082, 6091, 6099 9. Barber shops (except barber schools) — Group 7241 10. Beauty shops (except beauty schools) — Group 7231 11. Bookkeeping services — Group 8721 12. Business consulting services — Group 8748 13. Business credit institutions — Groups 6153, 6159 14. Child day care services — Group 8351 15. Churches — Group 8661 16. Civic, social and fraternal associations — Group 8641 17. Commercial art and graphic design — Group 7336 18. Commercial photography — Group 7335 19. Computer and computer software stores (up to 1,800 square feet) — Group 5734 20. Computer programming — Groups 7371, 7372, 7373, 7374, 7375, 7376, 7377, 7378, 7379 21. Credit reporting services — Group 7323 22. Debt counseling only — Group 7299 23. Direct mail advertising services — Group 7331 24. Eating places — Group 5812 25. Education services — Groups 8211, 8221, 8222 26. Educational plants 27. Engineering services — Group 8711 September 9, 2010 Page I of 9 BCCZ ire 14 28. Essential services, subject to LDC Section 2.01.03 29. Food stores, except supermarkets (up to 2,800 square feet) — Groups 5411, 5421, 5431, 5441, 5451, 5461, 5499 30. Funeral services (except crematories) — Group 7261 31. Garment pressing, and agents for laundries and drycleaners — Group 7212 32. Gasoline service station, subject to LDC Section 5.05.05 (allowed in Area 1 only, with a maximum of 5,000 square feet and 12 vehicle fueling positions) — Group 5541 33. General merchandise stores — Groups 5331, 5399, 34. Group care facilities (category I & II, except homeless shelter), subject to LDC Section 5.05.04. 35. Hardware stores — Group 5251 36. Health services — Groups 8011, 8021, 8031, 8041, 8042, 8043, 8049 37. Home furniture, furnishings, equipment store — Groups 5713, 5714, 5719 38. Home health care services — Group 8082 39. Insurance agencies, brokers, carriers — Groups 6311, 6321, 6324, 6331, 6351, 6361, 6371, 6399, 6411 40. Landscape architects, consulting & planning — Group 0781 41. Legal services — Group 8111 42. Libraries (except regional libraries) — Group 8231 43. Loan brokers — Group 6163 44. Management and public relations — Groups 8741, 8742 45. Mortgage bankers and loan correspondents — Group 6162 46. Musical instrument stores — Group 5736 47. Paint, glass, wallpaper stores — Group 5231 48. Personal credit institutions — Group 6141 49. Photocopying and duplicating services — Group 7334 50. Photofinishing laboratories, pick -up and drop -off establishments only — Group 7384 51. Photographic studios — Group 7221 52. Physical fitness facilities (physically integrated and operated in conjunction with another permitted use in this district) — Group 7991 53. Public relations services — Group 8743 54. Radio, television and consumer electronics store — Group 5731 55. Radio, television and publishers advertising representatives — Group 7313 56. Real estate — Groups 6531, 6541, 6552 57. Record and prerecorded tape stores — Group 5735, excluding adult oriented sales and rentals 58. Religious organizations — Group 8661 59. Repair services — miscellaneous, excluding aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines — Groups 7629, 7631 60. Retail services - miscellaneous — Groups 5912, 5942, 5943, 5944, 5945, 5946, 5947, 5948, 5949, 5961 61. Secretarial and court reporting services — Group 7338 September 9, 2010 Page 2 of 9 BCCZ 17 B IRS 62. Security and commodity brokers, dealers, exchanges services — Groups 6211, 6221, 6231, 6282, 6289 63. Shoe repair shops or shoeshine parlors — Group 7251 64. Social services, individual and family— Group 8322 65. Surveying services — Group 8713 66. Tax return preparation services — Group 7291 67. Travel agents, and no other transportation services — Group 4724 68. United States postal service, excluding major distribution center — Group 4311 69. Veterinary services — Group 0742, Excludes outdoor kenneling 70. Videotape rental — Group 7841, excluding adult oriented sales and rentals 71. Any other commercial use or professional service which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals. B. Accessory Uses /Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Uses and structures that are accessory and incidental to the permitted principal uses. 2. Cocktail lounges (Group 5813), only in conjunction with eating places (restricted to inside of building number 3). 3. Car Wash (single bay, drive - through, allowed in Area 1 only) — Group 7542 4. Caretaker's residence, subject to LDC Section 5.03.05. 5. Outdoor Seating (no amplified music or sound shall be permitted) 6. Sidewalk sales, subject to LDC Section 4.02.12. September 9, 2010 Page 3 of 9 BCCZ 170 I EXHIBIT B CORKSCREW COMMERCIAL CENTER CPUD DEVELOPMENTSTANDARDS Table I below sets forth the development standards for land uses within the Corkscrew Commercial Center CPUD. Standards not specifically set forth herein shall be those specified in the applicable sections of the Land Development Code (LDC) in effect as of the date of approval of the Site Development Plan (SDP) or Subdivision plat. TABLE Development Standards for Commercial District * Per subdivided lot, excluding parking areas under buildings SPS = Same as Principal Structure September 9, 2010 Page 4 of 9 BCCZ Principal Structures Accessory Structures Minimum Lot Area 10,000 square feet N/A Minimum Lot Width 75 feet N/A Minimum Setbacks — External From External Rights -of -way 25 feet SPS From Western and Northern Boundary 25 feet SPS Minimum Setbacks — Internal Internal Drives /ROW 10 feet 10 feet Preserve 25 feet 10 feet Minimum Separation of Structures 10 feet or %2 sum of building heights, whichever is greater 10 feet Maximum Building Height Maximum Zoned Height 1 story, not to exceed 25 feet 1 story, not to exceed 25 feet Maximum Actual Height 1 story, not to exceed 30 feet 1 story, not to exceed 30 feet Minimum Floor Area 1,000 square feet * N/A Maximum Gross Leasable Area 60,000 square feet N/A * Per subdivided lot, excluding parking areas under buildings SPS = Same as Principal Structure September 9, 2010 Page 4 of 9 BCCZ or aR h So °a og NNM3015 3N11111] pFY pETENTION I WPTER MPNAGEMENT AREP � g n El a I ):'aa 9�u � g n El a as 8 °aw`i =d� •• Nit °oa _ W-0 o$p- c5p53o - g`�-og ap �Ew� �u�n' yy�o xY35 o<5a 3 oth o g3 I� se m90 i _'el - Q'a5 °u— LL s is 0 r/ TI 1 N og s y4y £S EE i n� �s Z ra a mN x w� ' _ T c c - � � Y OF I as 8 °aw`i =d� •• Nit °oa _ W-0 o$p- c5p53o - g`�-og ap �Ew� �u�n' yy�o xY35 o<5a 3 oth o g3 I� se m90 i _'el - Q'a5 °u— LL s is 0 r/ TI 1 N og s y4y £S EE i n� �s Z ra a mN x w� ' _ T c c - � � Y OF 17B EXHIBIT D CORKSCREW COMMERCIAL CENTER CPUD LEGAL DESCRIPTION The subject property is 8.0 +/- acres, is located in Section 27, Township 47 South, Range 27 East, and is more fully described as follows: THE NORTHEAST ONE - QUARTER OF THE NORTHEAST ONE - QUARTER OF THE SOUTHEAST ONE - QUARTER OF SECTION 27, TOWNSHIP 47 SOUTH, RANGE 27 EAST, LESS THE SOUTH 30 FEET THEREOF, RESERVED FOR ROAD PURPOSES AND EXCEPT THE RIGHT -OF -WAY FOR STATE ROAD 846, COLLIER COUNTY, FLORIDA. September 9, 2010 Page 6 of 9 BCCZ 17 B H EXHIBIT E CORKSCREW COMMERCIAL CENTER CPUD DEVIATIONS 1. Deviation 41 seeks relief from LDC Section 5.05.08 C.9, Architectural Design Standards, which requires all sides of a non - residential building within a PUD to be treated as primary facades, to allow the west side of Building 1 and the north side of Building 2 to be treated as non - primary facades. 2. Deviation #2 seeks relief from LDC Subsection 5.03.02 H.l.c, Fences and Walls, which requires an eight (8) foot high masonry wall within the landscape buffer along Platt Road to allow for a double row four (4) -foot high hedge planted three (3) feet on center in lieu of the wall. 3. Deviation 43 seeks relief from LDC Subsection 5.05.05 D.1, Automobile Service Stations, which requires a minimum 25 foot wide landscape buffer to allow for a minimum 15 -foot wide Type D landscape buffer. September 9, 2010 Page 7 of 9 BCCZ 17 B 1, EXHIBIT F CORKSCREW COMMERCIAL CENTER CPUD DEVELOPER COMMITMENTS Regulations for development of the Corkscrew Commercial 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. 2. The Corkscrew Commercial Center CPUD shall be developed using a common architectural theme throughout the project. All buildings will be designed to reflect a rural or rustic character. 3. The Corkscrew Commercial Center CPUD shall be designed and developed to minimize unnecessary outdoor lighting. Due to the rural character of the surrounding area, all light fixtures will be shielded to direct illumination only onto the subject property and will use the minimum brightness necessary. The developer shall follow International Dark Associations (IDA) "Simple Guidelines for Outdoor Lighting Regulations" and shall specify "Fixture Seal of Approval" (FSA) lighting by the IDA. 4. Because ambient noise levels are typically lower in rural areas than in urban areas, the developer shall minimize intrusive noise by prohibiting outdoor amplified sound excluding intercom systems utilized for communication with service attendant. 5. Only one, single -bay car wash facility may be permitted within the PUD, and shall only be permitted in Area 1 identified on the conceptual master plan. The car wash facility must be designed, built and operated utilizing a recycled water system in order to minimize water and wastewater demand for the facility. 6. Owner shall reserve a thirty (30) foot wide strip along the entire Immokalee Road property frontage and shall convey to the County a stormwater easement prior to receipt of its first certificate of occupancy. As compensation for the thirty (30) foot wide stormwater easement, Collier County shall grant to the Developer transportation impact fee credits equal to the fair market value of the stormwater easement on the date of it's conveyance. The amount of the transportation impact fee credits shall be based upon an appraisal done by the County which appraisal shall be completed within 90 days of the approval of the PUD. If the owner disagrees with the County's appraisal or the County fails to timely complete its appraisal, the owner may obtain its own appraisal and the amount of the transportation impact fee credits shall be the average of the two appraisals. If the County fails to timely complete its appraisal, the owner may obtain its own September 9, 2010 Page 8 of 9 BCCZ appraisal and the amount of the transportation impact fee credits shall be the amount in the developer's appraisal. The owner shall also be permitted to utilize the stormwater easement for stormwater management and open space. Collier County shall incorporate the stormwater management into the roadway design for Immokalee Road. 7. No outdoor dining or activities shall be permitted after 10:00 p.m., except that fueling operations can occur beyond 10:00 p.m. 8. A six (6) feet high wall shall be constructed within the project's western PUD landscape buffer, and shall extend from Platt Road, north approximately five hundred (525 ±) feet, which shall be at least 20 feet beyond the northern edge of the parking area, as shown on the PUD master plan. Landscaping shall be provided on the exterior of the wall in accordance with the requirements of the LDC. 9. Any tenant space located within Building 93 and occupied by a restaurant use shall be required to utilize construction methods incorporating noise attenuation techniques such as additional insulation materials on walls and ceilings. Windows and doors must remain closed except when patrons are entering or exiting the premises. September 9, 2010 Page 9 ol'9 BCCZ 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 2010 -40 17B Which was adopted by the Board of County Commissioners on the 26th day of October, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of October, 2010. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners Teresa Polaski, Deputy Clerk