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HEX Agenda 03/28/2019 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, MARCH 28, 2019 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING & REGULATION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER 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 TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. CU-PL20170003317 – Beraca Baptist Church, Inc. requests a Conditional Use to allow a church within a Rural Agricultural (A) zoning district pursuant to Section 2.03.01.A.1.c.7 of the Collier County Land Development Code for a 3.5± acre property located on the north side of Lake Trafford Road, approximately 1000 feet east of Little League Road in Immokalee, in Section 31, Township 46 South, Range 29 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] B. PETITION NO. CUD-PL20180000209 – Toll Gate Naples, LLC requests affirmation of a zoning verification letter issued by the Planning and Zoning Division pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of a beauty salo n (SIC 7231, except beauty and cosmetology schools) is comparable in nature to those commercial uses permitted in Section 3.3 for Parcel “A” of the Tollgate Commercial Center PUD, Ordinance No. 92-10, as amended. The subject property is located on the north side of Beck Boulevard, just east of Collier Boulevard, in Section 35, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN AGENDA ITEM 3-A r �vit ler County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MARCH 4, 2019 SUBJECT: CU-PL20170003317; BERACA BAPTIST CHURCH PROPERTY OWNER/AGENT: Owner: Beraca Baptist Church, Inc. 3702 Lake Trafford Road Immokalee, FL 34142 REQUESTED ACTION: Agent: Ronny De Aza RDA Consulting Engineers, LLC 3606 Enterprise Avenue Naples, FL 34104 To have the Collier County Hearing Examiner (HEX) consider an application for Conditional Use No. 7 of the Rural Agricultural (A) Zoning District as provided in Section 2.03.0I I.A. l .c.7 of the Collier County Land Development Code (LDC), to permit a church on the property described herein. GEOGRAPHIC LOCATION: The proposed unified development is made up of two properties, Parcel 4 and 23, under common ownership and comprising 3.54± acres, on the north side of Lake Trafford Road, approximately 1,000 feet east of Little League Road in Immokalee, in Section 31, Township 46 South, Range 29 East, Collier County, Florida. Property ID/Folio Numbers 00071840008 and 00072800005, respectively. (See location map on the following page) CU-PL20170003317, BERACA BAPTIST CHURCH March 28, 2018 Page 1 of 10 ki PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for a 75 -seat church on two existing non -conforming properties, one of which was previously improved, that are to be combined for development and comprise approximately 3.56+/- acres. The petitioner plans to re -permit the existing 4,442± square foot residence, constructed in 1966, as a church to provide service to the community. The conceptual site plan (see attached) provides ingress/egress from Lake Trafford Road and depicts parking, buffering, water management and native vegetation preserves. The Zoning Division utilizes specific data when reviewing an application for Conditional Use (See pg. 6). The criteria are listed below in bold with applicant responses in italics: 1. Days of Operation Weekday: Friday Weekend: Sunday 2. Hours of Operation Weekday: 7: 00 pm - 9: 00 pm (Bible Study) Weekend: 9:00 am - 12: 00 pm (Service) 7: 00 pm — 9: 00 pm (Service) 3. Number of Seats (where applicable) 75 seats 4. Total number of members or users 65 members 5. Total number of groups using the site (different congregations, organizations, or clubs) The church will provide group ministries and bible studies. 6. Location, square footage, and proposed use for each structure Center of site. Square footage of principal structure = 4,442± Square Feet, the existing pool area is 1,500± square feet, and the proposed parking area is 9,830fsquare feet. There are no additional structures proposed and those appearing as existing are to be removed, as indicated on the site plan, prior to a Certificate of Occupancy being issued. Proposed use of principal structure: Worship and Bible study only. No accessory uses proposed. 7. Number of meetings, and days and times Number of meetings = 3 max. (I weekday, 2 weekend). CU-PL20170003317, BERACA BAPTIST CHURCH March 28, 2018 Page 3 of 10 S. Identify all principal and accessory uses to occur on site Principal Use: Worship and Bible study only. No accessory uses proposed. 9. Any planned special events (fundraisers, holidays) Annual Revival, once a year. No other planned special events contemplated. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the subject property, which is developed and within a Rural Agricultural (A) zoning district: North: Unimproved; zoned Rural Agricultural (A) East: Liberty Landing Tract C-4 (Common Area - Access/Drainage/Irrigation Easement and 10 -foot Landscape Buffer Easement), with a zoning designation of Liberty Landing Residential Planned Unit Development (RPUD) South: Lake Trafford Road (Right -of -Way), then undeveloped residential with a zoning designation of Arrowhead Mixed-use Planned Unit Development (MPUD) West: Single-family residence, with a zoning designation of Rural Agricultural (A) CU-PL20170003317, BERACA BAPTIST CHURCH March 28, 2018 Page 4 of 10 Aerial (County GIS) GROWTH MANAGEMENT PLAN GMP CONSISTENCY: Comprehensive Planning staff has reviewed this request and offered the following comments: Future Land Use Element (FLUE): The subject property is designated Urban — Mixed Use District, Low Residential Subdistrict, as depicted on the Immokalee Future Land Use Map in the Immokalee Area Master Plan of the Growth Management Plan (GMP). Based upon an analysis performed by Comprehensive Planning staff, the proposed Conditional Use may be deemed consistent with the Immokalee Area Master Plan and FLUE of the GMP. Transportation Element: The Transportation Services Department has reviewed this petition and has determined the project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, which states, "The County Commission shall review all rezone petitions, SRA. designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) CU-PL20170003317, BERACA BAPTIST CHURCH March 28, 201a Page 5 of 10 affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year A UIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " According to the TIS provided with this petition, the proposed Church development will generate a projected total of +/- 2 PM peak hour, 2 -way weekday trips for the proposed facility on the adjacent local roadway, Lake Trafford Road. There is adequate capacity on this roadway to accommodate the proposed Church development. Therefore, the subject Conditional Use can be found consistent with Policy 5.1 of the Transportation Element of the GMP, and as noted above the Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the five-year planning period. Transportation Review: Transportation Division staff has reviewed the petition request, the CU document and Master Plan for right-of-way and access issues and is recommending approval. Conservation & Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site consists of 2.63 acres of native vegetation. A minimum of 0.26 (10%) acres of the existing native vegetation shall be placed under preservation and dedicated to Collier County. Environmental Review: Environmental Services staff has reviewed the Conditional Use petition to address environmental concerns. The Master Plan provides a 0.26 acre preserve, which meets the minimum 10 percent preservation requirement in accordance with LDC section 3.05.07. No listed animal species were observed on the property. Stiff -leaved wild -pine (Tillandsia fasciculata) and Inflated wild -pine (Tillandsia balbisiana) listed as a less rare plant, have been observed on the property and will be protected in accordance with LDC 3.04.03. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. CU-PL20170003317, BERACA BAPTIST CHURCH March 28, 2018 Page 6 of 10 STAFF ANALYSIS: When considering a Conditional Use petition, the Hearing Examiner must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other property of uses in the same district of neighborhood; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Section 2.03.01.A.1, of the LDC permits conditional uses in the Rural Agricultural (A) zoning district. The requested use for a church is allowed as conditional use in the Rural Agricultural (A) zoning district, subject to the standards and procedures established in section 10.08.00, conditional uses procedures, of the LDC. 2. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). This request is consistent with the GMP and with the conditions proposed by staff this project will be in compliance with applicable provisions of the Land Development Code (LDC). 3. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Ingress and egress to the subject property will be limited to a single access on Lake Trafford Road. The TIS submitted by the applicant indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 -year planning period as noted above and not adversely impact the surrounding roadway network. Although the petitioner did not provide a parking tabulation, they have stipulated to 75 -seats within the church and provided a conceptual site plan evidencing the placement of 27 standard parking spaces, two of which are handicapped accessible. LDC Section 4.05.04.G, Table 17 — Parking Space Requirements, requires three parking spaces for every 7 seats within a church; therefore, 32 off-street parking spaces are required. Staff notes that the subject location is within the Immokalee Urban Overlay District, for which LDC Section 2.03.07.G.7.c allows for an administrative reduction of parking of no more than 20%, not to exceed ten spaces. Furthermore, there is sufficient space on site to provide for additional off-street parking. Given this information, staff is confident that parking requirements will be satisfied at the time of Site Development Plan (SDP) review. Said conceptual plan further depicts a parking aisle width of 24 feet which, as per LDC Section 4.05.02.L, Table 16 — Minimum Aisle Width in Parking Lots, is sufficient to accommodate two-way travel with parking angled at 90 degrees. 4. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. CU-PL20170003317, BERACA BAPTIST CHURCH March 28, 2018 Page 7 of 10 The subject location is adjacent to roadways to the south and east, to the north is a large unimproved property within an A zoning district, and a single-family residence approximately 175 feet to the west. The buffers labeled on the Conceptual Site Plan are in accordance with the Land Development Code. A 6' wide area has been shown outside of the preserve for the location of shrubs and trees, if needed after removal of exotics within the preserve and supplemental planting within the preserve in accordance with LDC section 3.05.07, to meet the Type `B' Buffer required along the West boundary. 5. Compatibility with adjacent properties and other property in the district. If the proposed Conditions of Approval are adopted, the proposed church can be found compatible with adjacent properties and other properties in the immediate area. Based on the above findings, this conditional use should, with stipulations as outlined in this staff report, be recommended for approval. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION• This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. NEIGHBORHOOD INFORMATION MEETING (NIM)• The applicant conducted a duly noticed and advertised NIM on December 19, 2018 at Beraca Baptist Church, located at 1160 West Main Street, Immokalee, FL 34142. The meeting commenced at approximately 6:15 p.m. and ended at approximately 6:45 p.m. A total of ten persons were in attendance; however, only one was not there on the behalf of the church or the County. The concerned party was identified as Elizabeth Lazzara who advised she represented Habitat for Humanity, owner of the abutting property to the east. She generally voiced support for local ministries and was in support of a church at the subject location; however, she was concerned about the hours of operation, the use of sidewalks by children in the area, and a dilapidated fence. The pastor of the church addressed her concerns directly and advised that the church would not be holding meetings or services during daytime hours on weekdays and he would look into whether or not the fence in question is on church property. A follow-up e-mail was received from Ms. Lazzara on January 2, 2019, which was forwarded to the applicant (Please, see attached Letter of Concern). In response to Ms. Lazzara's concerns, the applicant has stipulated to remove the Liberty Way access point, to screen the parking lot from Liberty Way by placing the required landscape buffer, and the church has agreed to repair the fence; the provided conceptual site plan demonstrates satisfaction of all but the fence repair. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed the staff report on March 12, 2019. CU-PL20170003317, BERACA BAPTIST CHURCH March 28, 2018 Page 8 of 10 RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition CU- PL20170003317, subject to the following conditions: 1. With exception to the parking area, the Beraca Baptist Church Use shall be limited to that which is depicted on the Beraca Baptist Church Conceptual Site Plan. The depicted parking area may be expanded to accommodate required off-street parking for the church use in the event the petitioner does not seek an administrative parking reduction. 2. The hours of operation shall be limited to the following: Weekday: 7:00 pm - 9:00 pm Weekend: 9:00 am - 9:00 pm Weekday: Friday Weekend: Sunday I The number of seats provided by the church shall be limited to 75 seats. 4. The applicant shall be limited to only one principal structure at approximately 4,442± square feet. 5. Perimeter fencing shall be repaired and maintained by the property owner, in accordance with the LDC, prior to the issuance of a Certificate of Occupancy for a church at the subject location. 6. For services and other periods and events of significant traffic generation, as determined by Collier County staff, the property owner shall provide traffic control by law enforcement or a law enforcement approved service provider as directed by Collier County staff, with staffing and at location(s) as directed by the Collier County Transportation Administrator or his designee. Attachments: A) Boundary Survey and Conceptual Plan B) Letter of Concern and Applicant's Response C) Application and Backup Materials CU-PL20170003317, BERACA BAPTIST CHURCH March 28, 2018 Page 9 of 10 PREPARED BY: JOHN yKE LLY ENI/RPNNER ZO G DIV ION -ZONING SERVICES SECTION REVIEWED BY: RAYM044 V. BELLOWS, ZONING MANAGER ZONING VISION -ZONING SERVICES SECTION ATE MICHAEL BOSI, A1CP, DIRECTOR DATE ZONING DIVISION CU-PL20170003317, BERACA BAPTIST CHURCH March 28, 2018 Page 10 of 10 A Aq DATE MICHAEL BOSI, A1CP, DIRECTOR DATE ZONING DIVISION CU-PL20170003317, BERACA BAPTIST CHURCH March 28, 2018 Page 10 of 10 w MAS' OF BOUNDARY AND TOPOGRAPHIC SURVEY sc-mi r:49 6 rac.nrmloe�wrrx annel[lgtalsa Z •9aeaw SUOUIDWS ILEPWT: PwauY t_�wa _ a ri'Aeir. IE�oI�BOY ip, " ,Ith uR y a[cA�efe �� r®arra.w�r.s.crnnre�s.r.wsa�ars4.hr 4srrrrwl• +•s•r ::;•, l��LvdFslQfibrsiWblMrefr9m.Erru A.a�ti.wAr.rlr,rwirr Twox YrvirlMi9lir. rvsr.Bt�llrrlF..tsrxrrra6r ia[0L51.'br'•/.. � ter`. 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'•rr�..'.��«.�`�r�w'wr 'wa..`'.r.i.,l��w...r��rR. �r9J+r .e nwl ua'v `.r�e.r� Y yrr�.+...+..r<wrrr.r �,��.rrr�r,+.w _• ea�.ry ra. tl.J l.l+ok ylTr. -Ir+_ re. r 9.,p.Rnr�dli.yr'.w.r bdryaYfr E6L Tyrt.p s= .. r•T�.�..1.11..IrYA /r..Yr as..w.ra.• dYlbul�rfpp pr AlO.•Ygr mriJ lntlM l.r'.rrrR✓, W...r.na.rrylyar� �'�N P+ILa ' r�t�Ir {y.rTNrrrr.>.r rsaewlr.rryr. Irr�� L,Jy II I)2pl} y`r r..��o:e�w.i. �. .r sx.ww..r.,wr-r+...�n3,ao. o.�.oeorioly PIII�x LAY f111t7R1 — t�rrw+r Jrw .wr.:rrr�.�.wr�wTtl".y�r� r.3es�os-war rw.e.rl•rr+� r.r..lwia veR newol.o.os uwd BERACA BAPTIST CHURCH O'frNERI CONTRACTOR SHALL. USE$I`ArQAH CHURCH USE TRAFFIC CP`lTRLX AS FOLLOWS'. 1. FOR SERVICES AND OTHER PFRICOS AND EVENTS OF_S"IFr_Aw TRAFFIC GENERATION. AS DETERMINED BY CaL ER OXW" STAFF THE PROPERTY OWNER SHALL PROVIDE TRWOC ODNTROL BYLAW FIEORCEMEMT ORA LAW ENFCRCEIENT APPROWED SERVICE PRCmCER AS DIRECTED BY COL ER COUNTY STAFF. WITH STAFFING AND AT LOCATK*KS)AS DRECTED By THE COLLER COUNTY TRANSPORTATION ADMINISTRATOR OR HIS DESIGN. Conceptual Site Plan i r.� n T s .1s.srK� Cir 1" ..24 � Poem b C 4 `� Late Treilord � s '� EI�Y 5cnaar Y �sTcxirsTrra�..� F ® B l ate Traifxd Rd B^., ��GEM&F� e'-4nT.brAn.�� • M 1Ri.i i bU'wx..l..�ar�r Location Map N T.S .;CERT 2omr*G A1fC {and rove OWNERf CONTRACTOR SHALL. IN COMPLIANCE WITH FLORIDA BUILDING ti A .owti wtuLrlxtAaAcaE+[� CODE STH EDITION �2014) SHALL UNDERSTAND THAT A BUILDING 5 Rvw urn. Fyno.o n �++.warw�oev PERI) T APPLICATION WILL BE SUBMITTEO FOR A CHANGE DF USE E ROW--, PERMIT PRIOR TO ANY OCCUPANCY. YY A sIHXEFANYRES�ENlIY Rwem 5 !w� I..'4`r9 Im.tdAn �R TRit r Da � b7.90T TION REwuvK OF E%OnCso AFTER / uFFER ensEMENr f0 f arsloe sET encK I PRESERVE 25 >< SETBACK LINE ro 11 D --PK_ rc I To- POWER POLE I"CJ CMc Po'dr I POWER POLE ARIW< I 1 iw I rn D w EXISTING 5' CONC. WALK - ° ` W 350.00'(P) 350.00' (M) LAKE TRAFFORD ROAD (V Total RW) I �w I I ♦. W m Am I $ J Y II 50FRONT SET BACK I D R—ER EASFIYWp�ESHfTT 10' W� 28'P".y 24'AwWPeKrnAR CONCEPTUAL SITE PLAN NUMBER OF SEATS: Current Church 755e - DIMENSIONAL STANDARDS ZONRK, DISTRICT ON AREA % AREA AGNS PERCENTAGE PW SE Ch—h a Sidewalks avement 4042 1500 fi30 9830 $130 n DID 0.03 0.01 0.23 012 2. 0.9 0.41 fi 3.3US AREA 21532 049 13. WATER BODIES Creek 5575 0.5 4. PERVIOUS ARFA 13Eaa3 Q TOTALS 15N015 3.541 100 NUMBER OF SEATS: Current Church 755e - PRESERVE ii Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E. 1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. If existing vegetation within the preserve does not meet the requirement of a Type U buffer after removal of exotics, and the buffer requirement cannot be met by the addition of vegetation within the preserve in accordance with 3.05.07, plantings will be provided in the 6' landscape easement adjacent to the preserve as needed to satisfy the buffer requirement Rev -5 January 2, 2019 Rm"Y De A� Re9A 18411 Dale: OdoDer 30.2017 DIMENSIONAL STANDARDS ZONRK, DISTRICT P.GRICIAILRAL MINIMUM LOT AREA 217,8000 SO FT. M LAII LOT WIDTH I., REG. FRONT YARD SETBACK SOFT REO. SIDE YARD SETBACK 30 FEET REO. REM YARD SETBACK 50 FT MAXIMUM BUILDING HEIGHT 35 FEET LOT AREA 151015 Sa. FT LOT WIDTH 350 FEET PRESERVE ii Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E. 1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. If existing vegetation within the preserve does not meet the requirement of a Type U buffer after removal of exotics, and the buffer requirement cannot be met by the addition of vegetation within the preserve in accordance with 3.05.07, plantings will be provided in the 6' landscape easement adjacent to the preserve as needed to satisfy the buffer requirement Rev -5 January 2, 2019 Rm"Y De A� Re9A 18411 Dale: OdoDer 30.2017 KellyJohn From: Elizabeth Lazzara <elazzara@habitatcollier.org> Sent: Wednesday, January 02, 2019 5:03 PM To: KellyJohn Subject: CU Proposal at Liberty Way & Lake Trafford Road Immokalee Attachments: Site Plan Bercaca B Church CU proposal.pdf; Beraca B Church CU Meeting Agenda.pdf Follow Up Flag: Follow up Flag Status: Flagged Hello John, I am writing in regard to the Beraca Baptist Church conditional use proposal for the property at 3702 Lake Trafford Road, Immokalee. You may recall we met at the neighborhood meeting December 19, 2018 regarding this matter. Based on the presentation and the responses to questions by the applicant, Beraca Baptist Church and Mr. Aza with RDA Consulting representing the applicant (collectively the "Applicant"), it appeared they had not done the needed analysis and follow up for this proposal prior to publicly presenting the proposed site plan. There are a number of resultant concerns with the proposal as presented on December 19th as follows. Proposed New Curb Cut and Driveway onto Liberty Way As this was the first opportunity to see what was proposed, it came as a surprise the Applicant proposed a curb cut and drive onto Liberty Way. It appeared they had not understood the proposed curb cut and driveway onto Liberty Way presented a number of issues. • The proposed driveway cuts across private property owned by the Liberty Landing Homeowners Association (the "Association"). The applicant has never previously contacted the Association about this matter to discuss use of their property for this purpose. As you can imagine this presents legal, insurance, and other concerns along with additional associated costs for the Association. • When asked about impacts to vegetation such as trees and shrubs owned by the Association along Liberty Way, the Applicant appeared not to be aware that the driveway as proposed could displace existing vegetation owned by the Association. The proposed site plan did not indicate the presence of the existing vegetation. • The proposed driveway and curb cut bisects the sidewalk along Liberty Way. The proposal raises traffic and safety concerns for the elementary school children in the neighborhood using the sidewalk when walking to the nearby Lake Trafford Elementary School. When asked about this issue, the Applicant stated a traffic study had been prepared and found there were no traffic impacts from the proposal. The Applicant did not offer to provide a copy of the traffic study to support this claim, and did not appear to be aware of the use of the sidewalk by children both along Liberty Way and across the street intersecting Liberty Way at mid -block to Lake Trafford Elementary. The Association would look to see that the site plan be redesigned so the driveway and curb cut does not cross Association property. In any case, the HOA will not take any legal responsibility or financial reasonability for the improvements. A copy of the traffic study should also be made available for viewing. Hours of Operation As part of the presentation, the Applicant did not indicate what the hours of operation would be for the proposed use. When asked to elaborate, the Applicant was vague about the hours of operation. The Association would look to see a condition if approved, restricting the hours of operation for the proposed use: • During weekdays when children would be using the area sidewalks to attend the Elementary school, and • Daily in the evening (including weekdays and the weekend) to no later than 9 pm, to limit the noise to the adjacent residences. Attachment B Condition of Existing Fence When it was brought up at the December 191`' meeting the condition of the fence was poor, the applicant stated that the condition of the fence was "just fine as is". They indicated they had no pians to repair or replace the existing fence. It was noted the Applicant had previously been contacted by the Association following Hurricane Irma to see whether they had plans to repair or replace the fence. The Applicant at that time had stated they had no money to do repairs or replace the fence and wanted to know if the Association would do it for the Applicant. This issue has been concerning to the Association as it is the primary entrance to the Association community. The Association would look to see a condition if approved, that the fence be replaced or repaired, and then maintained. Landscaping When asked what landscaping is proposed the Applicant's response was that no plan had yet been prepared but it would be "the minimum to meet the requirements". The Association would look to see screening of the parking lot from the Liberty Way view incorporated into the planting plan. Scheduling Concerns It is unfortunate the timing of this information has been over the holidays when many have been away from the area. The above comments are based on the preliminary information presented at the December 19th. As I was also away over the holidays immediately following the meeting, the new information needs to be shared further with Association members. We will need time to provide notice to convene a meeting of the Association to receive their additional input to this proposal. Please notify me what the schedule is for this proposal and any next opportunities to provide input from the Association on this proposal or modified versions. Thank you for your assistance in this matter. Ne, Elizabeth Lazzara Director of Community Engagement i'r Habitat for Humanity .0@WU8* Habitat for Humanity of Collier County 640 N. 91h Street. Immokalee, FL 34942 Office: 239-657-4466 — Fax: 239-657-9044 elazzaraPhabitatcollier.ore/www.HabitatCollier.or www.Ha bitatcol lier.ora Fallow Habitat for Humanity of Collier County... M13 YOU RDACQrqSULTING January 17, 2019 Collier County Government, Growth Management Division Planning and regulation 2800 N Horseshoe Drive Naples, FL 34104 RE: Conditional Use PL20170003317 BERACA MURCH - 3702 LAKE TRAFFORD RD (CU) Dear Building Official: This Letter is to address the comments and concerns raised by Habitat for Humanity via email on January 2, 2019. • Proposed New Curb Cut and Driveway onto Liberty Way. o The Driveway on Liberty Way is not required and was removed it from the proposed Conceptual Site Plans. ■ Condition of Existing Fence. o The Church agrees to fixing the fence as part of the approval. • Landscaping o The Parking lot will be screened from Liberty Way by putting the required landscape buffer. Should you have any questions or need additional information, please email me (ronnydeazaPrdafI,com) or call me (239-302-3280). Sincerely, RONNY DE AZA 78411 3606 Enterprise Ave, Suite 227, Naples, FL 34104 ■ 239-302-3280 info@rdafl.com ■ www.rdafl.com CU*Y County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE LDC Section 10.08.00 & Code of Laws section 2-83 — 2-90 Chapter 3 C.1 of the Administrative Code PETITION NO (PL) PROJECT NAME To be completed by staff DATE PROCESSED ❑ A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS ❑ A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER APPLICANT CONTACT INFORMATION Name of Property Owner(s): DESTINE, EST DAVID, BERRACA BAPTIST CHURCH, INC Address: 3702 LAKE TRAFFORD RD City: IMMOKALEE State: FL ZIP: 34142 Telephone: 239-537-7021 Cell: 239-537-7021 Fax: E -Mail Address: DESTINE551@GMAIL.COM Name of Applicant/Agent: RONNY DE AZA Firm: RDA CONSULTING ENGINEERS, LLC Address: 3606 ENTERPRISE AVE city: NAPLES Cell: 239-784-2515 Telephone: 239-302-3280 E -Mail Address: RONNYDEAZA@RDAFL.COM State: FL ZIP: 34104 Fax: 239-302-3281 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 10/14/2017 Page 1 of 12 Attachment C CAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www. coiliereov.net ASSOCIATIONS 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/index.aspx?page=774. Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: City: State: ZIP: City: State: ZIP: City: State: ZIP: City: State: ZIP: City: State: ZIP: PROPERTY INFORMATION On separate page, provide a detailed legal description of the property covered by the application: ® If the request involves changes to more than one zoning district, the applicant shall include separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre -application meeting; and o The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Property I.D. Number: 00071840008 & 00072800005 Section/Township/Range: 31 /46 /.29 Subdivision: 100- ACREAGE HEADER Metes & Bounds Description: SEE ATTACHED SURVEY Size of Property: 385 ft. X 400 ft. = 154000 Total Sq. Ft. Acres: 3.54 Address/ General Location of Subject Property: 3702 LAKE TRAFFORD RD, IMMOKALEE, FLORIDA 34142 Plat Book: Page #: Lot:2 Block: 10/14/2017 Page 2 of 12 Ga�ier GauHty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coiliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on a separate page) Section/Township/Range: _,_/ Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: Metes & Bounds Description: CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00, of the AGRICULTURAL zoning district for CHURCH (type of use). Present Use of the Property: SINGLE FAMILY RESIDENTIAL 10/14/2017 Page 3 of 12 Zoning Land Use N A NON-AGRICULTURAL ACREAGE S R.O.W. LAKE TRAFFORD RD FOLLOWED BY THE ARROWHEAD MPUD-RESIDENTIAL E R.O.W_ LIBERTY WAY FOLLOWED BY THE LIBERTY LANDING RPUD-RESIDENTIAL W A SINGLE FAMILY RESIDENTIAL If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on a separate page) Section/Township/Range: _,_/ Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: Metes & Bounds Description: CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00, of the AGRICULTURAL zoning district for CHURCH (type of use). Present Use of the Property: SINGLE FAMILY RESIDENTIAL 10/14/2017 Page 3 of 12 Cofler County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coiliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 EVALUATION CRITERIA Pursuant to LDC section 10.08.00 and Chapter 3 CA of the Administrative Code, staff's recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affectthe public interest and thatthe specific requirements governing the individual conditional use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. On a separate page, provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district. e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? NO PUBLIC HEARING ON THIS PROPERTY WITHIN THE LAST YEAR. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? 1] No ❑ Yes (If yes please provide copies.) 10/14/2017 Page 4 of 12 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT wwwxoliiergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST "CANT INFORMATION Name of Armlicant(s): RONNY DE AZA/ RDA CONSULTING INGINEERS, LLC Address: 3606 ENTERPRISE AVE City: NAPLES State: FL ZIP: 34104 Telephone: 239-302-3280 Cell: 239-784-2515 Fax; 239-302-3281 E -Mail Address: RONNYDEAZA@RDAFL.COM Address of Subject Property (If available): City: State: ZIP: LEGAL DESCRIPTION Section/Township/Range:31_ /46 29 Lot: 2 Block: Subdivision: 100 -ACREAGE HEADER Plat Book: Page #: Property I.D. Number: 00071840008 & 00072800005 Metes & Bounds Description: SEE ATTACHED SURVEY TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: ❑ a. County Utility System ❑ b. City Utility System ❑✓ C. Franchised Utility System ❑ d. Package Treatment Plant ❑ e. Septic System ❑ Provide Name: . (GPD Capacity): TYPE OF WATER SERVICE TO BE PROVIDED a. County Utility System ❑ b. City Utility System C. Franchised Utility System d. Private System (Well) ❑ Total Population to be served: Peak and Average Daily Demands: A. Water -Peak: 1750 Average Daily: 500 B. Sewer -Peak: 1575 Average Daily: 450_ PROVIDE NAME 10/14/2017 Page 5 of 12 Co*e-r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: OCTOBER 2018 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Waste water will be sent to Immokalee City sewer system. County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. 10/14/2017 Page 6 of 12 .t C046 7 C01101ty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collier ov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of F.S. §695. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services Department, within 15 days of recording of said Memorandum or Notice. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. 10/14/2017 Page 7 of 12 Coder County .-a COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coiliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑■ A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals ❑ A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.I. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. Requirements for Review Copies Required Not Required Completed Application (download current form from County website) 1 Cover letter briefly explaining the project 1 Pre -Application Notes 1 ❑ Affidavit of Authorization, signed and notarized 1 © ❑ —71 Completed Add ressinp, Checklist 1 Property Ownership Disclosure Form 1 ❑ ❑ Warranty Deed(s) 1 ❑ ❑ Boundary Survey 1 ® ❑ Conceptual Site Plan 24" X 36" plus (one 8 Yz X 11 copy) ❑ ❑ 11 Plans showing proposed location for utilities, if required ❑ ❑ Plans for screening and buffering the use with reference as to type, dimensions, and character, if required ❑ ❑ ❑ Plans showing the proposed landscaping and provisions for trees protected by County regulations, if required ❑ ® ❑ Plans showing the proposed signs and lighting, including type, dimensions, and character, if required ❑ ❑ ❑ Architectural Rendering of Proposed Structure(s), if applicable 1 ❑ Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ ❑ Statement of utility provisions (with all required attachments & sketches) 1 ❑ ❑ Environmental Data Requirements, pursuant to LDC section 3.08.00 1 ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) at time of public hearings. Coordinate with project planner at time of public hearing. ❑ ❑ Listed Species Survey; less than 12 months old. Include copies of previous surveys. 1 ❑ ❑ Traffic Impact Study (TIS) or waiver 1 ❑ ❑ Historical and Archeological Survey, or waiver 1 Electronic copy of all documents and plans * Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 ❑ ❑ * If located in the Bayshore/Gateway Triangle Redevelopment Area, include an additional set of each submittal requirement 10/14/2017 Page 8 of 12 Cofer Clv my COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 wvvw.coiliergov.net (239) 252-2400 FAX: (239) 252-6358 ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. Planners: Indicate if the petition needs to be routed to the following additional reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ Conservancy of SWFL: Nichole Johnson ❑ GMD Graphics ❑ City of Naples: Robin Singer, Planning Director ❑ Utilities Engineering: Eric Fey 1 ❑ Parks and Recreation: Barry Williams Immokalee Water/Sewer District: i ❑ Other: ElSchool District (Residential Components): Amy f Lockheart Communication Towers: Mosquito Control Naples Airport Au Commercial Mining: Impact Fees Collier County Airport 10/14/2017 Page 9 of 12 Cotner County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 FEE REQUIREMENTS All checks payable to: Board of County Commissioners ❑ Pre -Application Meeting: $500.00 (to be credited towards the application fee if the application is filed within 9 months of pre -application meeting) ❑ Conditional Use Application Fee: $4,000.00 o When filed with Rezone Petition: $1,500.00 o Additional fee for 51" and subsequent reviews: 20% of original fee ❑ Comprehensive Planning Consistency Review: $300.00 ❑ Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 ❑ Listed or Protected Species survey review fee (when an EIS is not required): $1,000.00 ❑ Transportation Fee, if required: o Methodology Review Fee: $500.00 o Minor Study Review Fee: $750.00 o Major Study Review Fee: $1,500.00 ❑ Estimated Legal Advertising Fee for the Hearing Examiner or CCPC: $1,125.00 ❑ Estimated Legal Advertising Fee for the BZA, if required: $500.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 4/4/18 Agent/Owner Signature RONNY DE AZA Agent/Owner Name (please print) Date 10/14/2017 Page 10 of 12 COLLIER COUNTY GOVERNMENT Co 4'e" T County 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collier ov.net (239) 252-2400 FAX: (239) 252-6358 Public Participation Requirements LDC Section 10.03.06 B. or C. Chapter 8 of the Administrative Code Notice for Minor Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the Hearing Examiner's receipt of the staff report and application materials in accordance with the applicable sections of the Administrative Code. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: Date, time, and location of the hearing; Description of the proposed land uses; and 2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised Hearing Examiner hearing date. Public Hearing for Minor Conditional Use Petitions Hearing Examiner: The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Notice for Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. 10/14/2017 Page 11 of 12 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collier ov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: 0 Date, time, and location of the hearing; Description of the proposed land uses; and 2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised public hearing date. Public Hearing for Conditional Use Petitions Environmental Advisory Committee (EAC): The EAC shall hold at least 1 advertised public hearing, if required. Collier County Planning Commission (CCPC): The CCPC shall hold at least 1 public hearing. Board of Zoning Appeals (BZA): The BZA shall hold at least 1 advertised public hearing. 10/14/2017 Page 12 of 12 RDA Consulting Engineers, LLC January 31, 2018 Collier County Government Growth Management Division 2800 North Horseshoe Drive Naples, Florida 34104 RE: Berraca Baptist Church Conditional use Narative Statement. Dear Building Official: It is the intent of the property owner, "DESTINE, DAVID & MARC SAINRIUS" to request a Conditional Use approval and permit for the above referenced project. This site comprises of 3.56 ± Acres. There is an existing Single Family Residence on the property and the owner is planning to utilize the structure as a church to provide service to the community. The current LDC and Land Use will allow a Church to be constructed pending the Conditional Use approval. The intended church will have a 24' wide drive access through Lake Trafford Road giving enough access in case of a fire catastrophe and as you can see in the attached Traffic Impact Study, the Church will not have a negative automotive impact in the community. The Conditional use will not have negative effect on neighboring properties in relation to noise, glare, economic impact or odor. Shall you have any questions for this application, feel free to contact me via email or cell phone. OY DE 411 Sincerely * * = � : TATE OF �� "�. Ronny De Aza •�z �aNA�-� ••`• PE 78411 239-784-2515 ro n nydea za @ rdafl.com 3606 Enterprise Ave Suite 222, Naples, FL 34104 9 239-302-2,)Qn Consulting Engineers, LLC November 12, 2018 Collier County Government Growth Management Division 2800 North Horseshoe Drive Naples, Florida 34104 RE: Beraca Baptist Church Conditional use Narrative Statement. Dear Building Official: Evaluation Criteria. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. The proposed project is consistent with the design requirements as stated in the LDC as stated below: It will provide enough Parking spaces for the new Church included ADA parking spaces and also ADA compliance accessibility. ® Project will comply with minimum Landscape requirements and landscape requirement buffers as shown on the attached sheet LA. ® A new preserve area is being proposed to comply with the LDC. This project will not impact any wetlands and we are in compliance with the min 25' setbacks to the preserve area. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. As shown on the attached TIS, the impact to traffic because of the church is going to be minimum and within allowable parameters. In addition, the access driveway and parking isles maintain a minimum 24' with in compliance with the LDC and Fire requirements. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. We so not expect the church to have a negative impact to the community. Service will be held inside the church in the center of a 400' wide lot, noise should be kept to a minimum. No glare, odor or negative economic impact is expected. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district. The site is surrounded by R.O.W.s on two sides of the property, and empty agricultural zone on the north and a Single Family Residence over 175' to the west with a landscape buffer separating the property. We expect no negative impact to adjacent properties from the proposed church. 3606 Emerprisu Ave Suite 222, Naples, FL 34104 + 239-302-3280 • www.rdafl.com Consulting Engineers, LLC e. Please provide any additional information which you may feel is relevant to this request. 0 The proposed project consists of 1 Church only for Phase and parking lot for 75 church seats. ADEIVDLJM 1 Consistent Data Required per the Conditional Use Memorandum dated October 7, 2008: 1. Days of operation Fridays and Sundays. 2. Hours of operation R-- Friday--7PM to 9PM Bible Study Sunday 9:AM to 12 PM Service 7: PM to 9 PM Service 3. Number of seats (where applicable) R-75 seats 4. Total number of members and/or users R-65 Members 5. Total number of different groups using the site (for churches – number of congregations; for clubs number of different clubs ) R- one group 6. Location, square footage and proposed use for each structure on site (principal and accessory) R-3702 Lake Traford Road, Immokalee, Florida 34142 3691 SQF 7. Number of meetings and days and times R-3 meeting R-- Friday--7PM to 9PM Bible Study Sunday 9:AM to 12 PM Service 7: PM to 9 PM Service 3606 Enterprise Ave Suite 222, Naples, FL 34104. 239-302-3280 • www.rdafl.com Consulting Engineers, LLC 8. Identify all Principal and Accessory Uses to occur on site (for example accessory day care, educational classes, food service, etc). R— educational class only during the days and hours of operations 9. Any planned special events (annual fund raisers, holiday celebrations, etc). R -Annual revival ( once a year) 10. Complete Trip Generation information. Shall you have any questions for this application, feel free to contact me via email or cell phone. Sincerely Ronny De Aza PE 78411 239-784-2515 ronnydeaza@rdafl.com 3606 Enterprise Ave Suite 222, Naples, FL 34104 9 239-302-3280 ■ www.rdafl.com Co*lev County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coII jgMoy.net (239) 252-2400 FAX: (239) 252-6358 HIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the nercentaee of such interest: b C. Name and Address % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership BERRACA BAPTIST CHURCH, INC 100 PO BOX 922, immokalee, fl 34143 I EVENS SAINT LOIS, OFFICER, PASTOR MARC S. BELLEUS, OFFICER, PASTOR If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the oercentaee of interest: Name and Address I % of Ownership Created 9/28/2017 Page 1 of 3 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 9 If the property is in the name of a GENERAL or LIMITED PARTNERSH IP, list the name of the general and/or limited partners: e. If there is a CONTRACT FOR PURCHASE with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address I % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: ` Name and Address g. Date subject property acquired 02/16/18 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: Date option terminates: Anticipated closing date: Co*er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 or AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature RONNY DE AZA Agent/Owner Name (please print) 4/4/28 Date Created 9/28/2017 Page 3 of 3 AFFIDAVIT OF AU MORIZATION FOR PETITION NUMBERS(S) 1, priame) s (title, If applicable) of company. If applicable), swear or affirm under oath, that I am the (chwse one) owndrM applicent ntract purchaser and that: 1. I have ful authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours I& the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions ioned by the approv on. 5. We/I authorize .0 C` to act as our/my representative in any matters regarding this petition iwJudingiJ thrcrugV2 above. 'Notes. . ff the applicant is a corporation, then 9 Is usually executed by the corp. pees. or v. pees. If the applicant is a limited Liability Company (LL -C.) or Limited Company (L. C ), then the documents should typically be signed by the Company's Managing Member ' + ff the applicant is a padwmhrp, then typicafly a partner can sigma on behalf of the partnership. o If the applicant is a limited partnership, then the general partner must sign and be identified as the general partner" of the named partnership. a If the applicant is a trust, then they must Include the trustee's name and the words "as trustee" - In each instanco, first determine the applicant's status, e.g, individual, corporate, trus4 partnership, and then use the appropriate format for that ownership. Under penattles of perjury. I declare that 1 have read the foregoing Affidavit of Authorization and that the facts stated In It are true. $igrra ere STATE OF FLORIDA COUNTY OF COLLIER r11Z'311R 'na Te Tara foregoinVnstrument was sworn to (or affirmed) and subscribed before me onaaffiiFrrmalion), >' (date) by _ 2. 5 (J-4 (name of person providing as Who Is personally known to me or w ras produced (-'L P '� - (type of identification) as identification. sTAMPlSt AL PAMELAM. JOHNSTONE S .{ ^ My COMMISSION # Oft 10700 T EXPIRES: May 23, 2021 BMdad Tixu Nofarygubik UWWM14n CM09-GUA-OU MUSS KEV 3rM14 Signature of Notary : b lc AFFIDAVIT OF AUTHORIZATION FOR PEY' riom NUMBERS(S) I. r»,(print name), as f (titie, if app6cabh3) of Berraca ba ptis Church (company, if a Ilcable), swear or affirm under oath, that I am the (choose one) ownerKlapplicant=oontract purchaser and that 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; . 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application -are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of Investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize s6AcoWuLT&P—INEEMuc _ to act as our/my representative in any matters regarding this petition including 1 through 2 above. 'Notes: . If the applicant is a corporation, then it is usually executed by the corp. press or v pros. . if the applicant is a Li mfted Liability Company (LL.C.) or Limited Company (LC.), then the documents should typically be signed by the Company's Managing Membor." . If the applicant Is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the general partner' of the named partnership. • if the applicant Is a frust, then they must include the trustees name and the words as trustee". • In each Instance, first determine the applicants status, e.g., individual, corporate, frust, partnership, and then use the appropriate format for (hot ownership. Under penalties of perjury, II declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. riat� STATE OF FLORIDA COUNTY OF COLLIER Da Th�,t�gregaing insiru niswo to (or affirmed) and subscribed before ma on (date) by _ (name of person providing r' th or affirmation), as who Is pefsorrally known to me or who has produced (type of identificatlon) as identifivation. ' — sTAMPISM SignatUre of Notary Public TEVENOT ETIENNE x ANY commissiON #FF109M REV 3124114 DL9'0N NOINN 1I03N 1SVOWS Nd60 E 0[06 'll 'add X111 8 TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT 3TATEMET For Berraca Baptist ChuYch (Lake Trafford Road, Immokalee, Florida) December 4, 2017 CotTIS Review Bees TIS Methodology Review Fee = $500.00 TIS (Small-scale Study) Review Fee = $0.00 Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 4711 7TH AVENUE SW NAPLES, FLORIDA 341 19 CERTIFICATE OF AUTHORIZATION NO. 27830 (PROJECT No. 171 O 1 1 ) +y.,.111I11111141oFyrr+r,' + 'r N No 43860 STATE JAMES BANK O K) . IIA +++ FLORIDA REG. NO.114, ONA\-� �rJ*r+��J1111I11ti�y'��' 1 INITIAL 1V1(ETINO CHECIMIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date: 12-4-2417 Time: N/A Location: Collier CounV Government Offices orifi Horseshoe Drive People Aftendin : Name, Organization, and Telephone Numbers 1) James M. Banks, JMB Transportation Engineering, Inc., 239-91.9-2767' 2) Stephen Baluch, Collier County Government 3) 4) Study Preparer: Pr.eparer's Name and Title: James M, lMaiiks, P.E., Presidont Organizatioll: JIMB Trans orugion Engincerhig, Inc. Address & Telephone Number: 4711 7th Avenue SW Naples. Florida 34119 (239)-919- 2767 Reviewer((): Reviewer's Naive & Title: Stephen Balucli Collier County Transportation Manning Department Am)li_c_sn_i:_ Applicant's Nene, Address: Telephone Number: Froposed Development: Name: Berraca. Ba tilt Church Location: 3742 Lake Trafford Road Land Use Type: W_orshiplCliurch ITE Code #: LUC 560 Proposed number of development units: Phase 1 - 4,442 s.£ and 75 seats. Other: Description: Zoning: Existing: Coanprehensive plan recommendation: Requested: Findings of the preliuILjaty Study: See the attached all, aV,W= 6L sanksweskWIPACJECMI CoNler Couny11710i16eiacca BayPst ChumlrlMe9+4tL�4�YfK W+l dac AA -J Study Small -Scale TIS Study Area: Boundaries: Based gDoix the County's 2%. 2% & 3% impact rule. See atfache_d Additional intersections to be analyzed: Horizon Year(s): 2019 Analysis Time Period(s): PM Peak Future Off -Site Developments: None Source of Trip Generation Rates: ITE 'rip Generation Manual 9di Edition - Wcekda nips estimated based upon size of structure. Sunday taus based upon nixurber of seats 'See Table I Reductions in Trip Generation Rates: Pass -by trips: Intemal trips (PUD): Transmit use: Other: Horizon Year Roadway Network Improvements: 2021 vor Collier County's 5-vear CIE. Methodolo Jai Assam tions: Non -site traffic estimates: See Attached Site trip generation: See 'Table I Trip distribution method: Based upon manual assigpIpont{See Tab e 2A & Iii re 2A Traffic assignment method: Based upon manual. assigpinerit {See Table 2A &_ Figure 2A Traffic growth rate: Per Collier Coxux(y AUIR Repar t usilxg growth rate or ,vested Rips metlxod, wIxiclxerrcr is eater. C.iUsoMW masM,9uaksV)wIdgpM0JEC7S11CoWCouMYfflff18araxa6goPstGY+exd+VS lrcdcfo9Nteportdx AA '*J. S ecial Teat�l� es: (from preliminary study or prior experience) Accidents locations: None Sight distance: None Traffic control: Signal system location. & progression needs: on-site parking needs; Data Sources: Base maps: Prior study reports: Access policy and jurisdiction: Review process: Requirements: Miscellaneous: Small Scale Study —No Fee X Minor Study - $750.00 Major Study - $1500.00 Includes 2 intersections Additional Intersections - $500.00 each All fees will be agreed to during the MedJOduiogy meetilig mid inust bepaid to TransporintionPrior to our sign -Off 0" th& ❑Pplicatinri. Rcvie ' ers Applicant ClusersWamasht. Danks ftdoPIPROJECTa1 Coll(vCaanl 071011 &W48 BapflstChurchV4fe!rodN�gyRaAortdoc M i LAKE TRAFFORDROAO 2VX7W"ft-° (Drwam �vwta>r.�arxx.r.sr.+n.n wax xnNioraac olraa.a a>m >meeosn aa� llhlld//6Ae NJi16111 OdCO�1w��ll AA r_ PHASE 1 Land Use Code Land Use Description 560 Church 560 Church Land- Use Code TriD Period LUC 560 (Weekday) Daily Traffic (ADT) _ AM Peak Hour (vph) PM Peak Hour (vph) _ TABLE 1 TRIP GENERATION COMPUTATIONS Berraca Baptist Church (Weekday) (Sunday) Build' Schedule 4,442 s.f. 75 Seats Trip Generation Equation T=9.11(X) _ T= 0.56(X) _ 62% Enter/ 38% Exit = T= 0.55(X) _ 48% Enter/ 52% Exit = To -Lai Trips Trios Enter/Exit (Weekday) 40 ADT 2 vph 1 / 1 vph 2 vph 1 / 1 vph LUC 560 (Sunday) (Sunday) Daily Traffic (ADT) = T=1.85(X) = 139 ADT Peak Hour (vph) = T= 0.61(X) = 46 vph 23 /23 vph 50% Enter/ 50%,Exit PHASE .l & 2 560 Church (Weekday] 8,442 s.f. 560 Church (Sunday) 3.50 Seats Land Use Code Trip Period .tUC 560 (Weekday) Daily Traffic (ADT)- AM ADT)AM Peak Hour (vph) _ PM Peak Hour (vph) _ LUC 560 (Sunday) Daily Traffic (ADT) _ Peak Hour (vph) _ Trip Generation Eauation T 9'.1x(X)"= T= 0.56(X) 62% Enter/ 38% Exit = T= 0.55(X) 48% Enter/ 52% Exit = T=1.85(X) _ T= 0.61(X) _ 50% Enter/ 50% Exit = Total Tri ops, Tribs Enterl xlt (Weekday) 77'ADT 5 vph 3/2 vph 5 vph 2/3 vph (Sunday) 278 ADT 92 vph 46 /46 vph O" --Sre --► C/ :X), e ea -1c A oa /- hA -7 IM 'rbjdct Traffic Peak Direoiion (vphpd) = ' kdd Traffic Non -Peak Rfrgcfion (vph) :d on Road 9.0 i.pkeTrafford-to immokAl6b Or Aft Trafford Rd 47.0 Carson Rd to SR 29 TABLE 2A PROJECT'S AW OF IMPACT 1 Entering 1 Exiting LOS Servicd Project Project PK Dir. PK Directloh Project Pk Hr Project Pk Hr. Project Road §W. Vol. Volume Traffic PK Dir Pk Hr Non -PK Olt Non -Pk Impact f@raent Significant Class LOS tvphpdl % Dist (vohadl Pk Dir ivahl DiR Standard Impac I�rnuaet 2U D 600 20% 0 N 0 S 2% .0_d3% NO 21.1 D 800 55% 1 E 1 W 3% P,97% NO im Trafford Rd 47.Q Carson Rd to SR 29 TABLE; 2B 1617& 2019 ROADWAY LIMN VOLUMES Per Ves" Tnps Meth Pei Growth Bate Method 40'19 2099 Pik Hour 2097 Growth Peak Hour PK 131fttion AUIR AUR Rate PK Direction Trip 6ai k§round Traffic Pk per Background Sank Per Visted Trips NOW) DIR AUIR (vanddl v h d (yPhod) 470 E 2.79% 491 38 508_ Ab Trafford Rd 47.0 Carson Rd to SR 29 TABLE 2C 2019 ROADWAY LINK VOLUMEICAPACITY ANALYSIS ?Q1$ 2019 2019 .2019 2019 2017 Peat Hour Peak Hour Project Project Build -Out $I@ v. Vol. Build -Out I ilild-Out Ptak Hour PK Di1poon Bkgd PK Direction Pk Hr Not Pk Hr Prjct Peak Hour 'ft Hr Peak Hour Pdak Hour OC 61rection BacJ%rqund Pk Background PK Dir Pk Non -PK Dir lion -Pk PK Dir -PK Dir PK Direction ,i bIrectlon h d LOS (vp_hhn Dir LOS (vyhad) PRtvah) Dir (VehDd) (V _W vlc Ratio LOS 470 C 548 E C 1 E 1 W 509 &90 0.64 C 3.08.00 Environmental Data 1) Purpose As per requirements in LDC Sections 3.08.00 and questions in the CU Checklist 2) Preparation Of Environmental Data Qualifications of Environmental Consultant are included as Exhibit # 1 Environmental Data. The following shall be submitted where applicable to evaluate projects. A) Wetlands i) Identify on Current Aerial / the location of all Collier County / SFWMD Jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System FLUCFCS A FLUCFCS map and vegetation inventory has been included an existing single family parcel. The site does have a small creek, drainage ditch on site. This are would be considered Jurisdictional Wetlands. The parcel consists of disturbed Mixed Hardwoods. The parcel consists primarily of Slash pines, cabbage palms and laurel oak. The ground cover is very sparse. The site consists of a single family residence and addition structures. The area has been mowed and maintained. The canopy consists of Slash pines, Laurel oaks and cabbage palms. The parcel does have a small creek, waterway. This area had flowing water and was vegetated with swamp fern, cabbage palms and Laurel oaks. B) Listed Species and Bald Eagle Nests and Nest Protection Zones i) Provide Survey Wildlife Listed Species Study (LDC 10.02.3.A.2.m) A brief examination of the parcel found no listed vertebrates on site. The parcel is located in the urban area. In addition, roads and an elementary school to the east border the site. ii) Provide Listed Plants identified in LDC Section 3.04.03 See Attached Vegetation List / FLUCCS Code Map iii) Wildlife Management Plans in accordance with LDC Section 3.04.00 See Attached Listed Species Study, No wildlife management plans should be required. C) Native Vegetation Preservation i) For Sites or Portions of Sites Cleared of Native Vegetation or in Agricultural Use: Not Applicable ii) Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site.... Location Maps / Aerials (LDC 10.02.3.A.2.m) Aerials and location maps have been provided. The site consists of approximately 2.18 acres and is located in Section 31, Township 46, Range 29; Immokalee (Collier County) Florida. The parcel is located along Lake Trafford Road. Specifically the parcel is located on 3702 Lake Trafford Road folio # 00071840008. The dominant vegetation on site consists of Slash pine, laurel oaks and cabbage palms. See Attached Location Maps, Vegetation Maps / FLUCCS Maps Native Vegetation Calculation (LDC3.05.07.A.) 3.05.07 Preservation Standards A. 2. Native Trees - Where a property has been legally cleared and only native trees remain and the native ground cover replaced with lawn or pasture, then only the native trees shall be retained. The percent requirement of native trees required to be retained shall be by tree count based on percent requirement of native vegetation pursuant to 3.05.07 B (10%) Only Slash pines with a 8 inch DBH or greater and hardwoods with 18 inches DBH or greater or palms with a minimum of 8 foot of clear trunk shall be used for calculating this requirement. Several large oaks and Slash pines will be incorporated into the site plan for preservation. Where we can incorporate these trees for preservation they will be saved. They will be incorporated and located in buffers, green space and/or parking area. Clearly identify the location of all preserves: The preserve area has been identified on the CU plan. Soil Ground Water Sampling Single family - Urban Lands �.� _-�'k -• .__•. ems, - t. 'i �' _ -I .�,F 14 FEFpER T•E.'�. _..� � - - �- y'r..S �:t L•Y:S7 - �-..�. '.a '�� _ ln �1. �- "+� •• l:lllr=��Fe.'Itl Fli V�A� y ULD '4', •rrie •Cl:RI;'IA'::'[F; tv1':..�: � :ltd. �. ._ ... -;_~�t jp�LR}[E �TRFf',F,ORO�RP .. V.KE,SFVa-r :}Ra Itl Sa1,iC.' p, L'�:_/+--?RAF F WL k!, .i • ._ . �� I F{5411FST 7'� RCS ii1'-� c �4Y .... ��1C[ LN ;•4 ��yLi�e-'''� . - �ti' 1 k 1 I' f�'�•, � •j..i=:c... . . T,SYiOR•f.'a i V. . . I ALMA. ❑R c : M• mmc'- LOCATION f ' "� �• f _� h f y Labels Drawing A Points Drawing Lines Drawing Polygons Drawing Selected Custom Parcels — Streets MapWise County Boundaries x'11 Parcel Outlines r 1r •-�# nr�a w€se�za7i �,. Copyright 2017 MapWise, Inc. All rights reserved, www.mapwise.com. This map is informational only. Norepresentation is made or warranty given as to its content. User assumes all risk of use. MapWise and its suppliers assume no responsibility for any losses resulting from such use. 0 170 340 510 ft FLUCCS CODE AND VEGETATION INVENTORY FLUCCS CODE (Description) Common Name Scientific Name Indicator Status 111/438 Single Family Home - Mixed Hardwoods This area would be considered disturbed. The area has a single family home and associated structures. The area is vegetated with Slash pines, laurel oak and cabbage palm canopy. Slash pine Cabbage palm laurel oak wax myrtle Broom sedge Caesar weed Virginia creeper Cat -briar Poison ivy Grape vine Whitehead broom 510 Creek Waterway Pinus elliotti FACW Cp,D Sabal palmetto FAC M,C Quercus laurifolia FACW Cp,O Myrica cerifera FAC+ M,O Andropogon virginicus FAC- G,O Urena lobata FACU G,O Ampelopsis quinquefolia FAC G.0 Smilax spp. FAC G,C Toxicodendron radicans FAC G,O Vitis rotundifolia FAC G,D Spermacoce verticillata FAC G,C This is a narrow meandering drainage / creek Cabbage palm Sabal palmetto FAC M,C laurel oak Quercus laurifolia FACW Cp,O Guineagrass Panicum maximum FAC- G,O Swamp fern Blechnum serrulatum FACW+ G,C Exotics Brazilian pepper Schinus terebinthifolius Exotic M,C Wedelia Wedelia trilobata Nuisance G,O Epiphytic Plants Spanish moss T. usneoides Golden polypody Polypodium sp. Wild Pines Stiff - leaved Tillandsia fasiculata FDA/C Recurved T. balbisiana FDA/T wired -leaved T. setacea FDA/T Surroundiue Area 111 Single Family Homes 171 Educational Facilities 8144 County Road ABREV1ATIONS — Canopy (Cp), Midstory (MI), Ground Cover (G) Dominant (D), Common (C), Occasional (0) INDICATOR STATUS - Obligate (OBL), Facultative wet plants (FACW), Facultative plants (FAC), Upland (UPL) - _ FLUCCS CODES _ . *Alp Labels Drawing Alp • i Points Drawing Lines Drawing Polygons Drawing Selected Custom Parcels -� Streets OSM Hybrid County Boundaries N Porcol OuUlnes copyright 2017 W-WAse. Inc AN rights reserved. wMvmapW�se.Gom. "4 This map is mfmnaumal any. No represematim is made or %a ty Own as to Its —nem use assumes ae risk of use. Mapwhse and Its - a Ppfers assume m msponsi66ry for any losses resoling from such HYDRIC H H H H H H H H H H ..� H H H COLLIER COUNTY SOIL LEGEND REVISED 1/90 H. YAMATAKI 2 3 4 6 10 11 14 15 16 17 18 ' 20 21 22 23 25 27 28 29 31 w H 32 48 33 49 34 A 35 H 36 51 37 52 38 H 39 H 40 54 41 __ 56 42 H 43 w HOLOPAW FS, LIMESTONE SUBSTRATUM kALABAR FS. CHOBEE, LIMESTONE SUBSTRATUM AND DANIA MUCKS DEPRESSIONAL RIVIERA; LIMESTONE SUBSTRATUM-COPELAND FS IMMOKALEE FS MYAMCK FS OLDSMAR FS, LIMESTONE -SUBSTRATUM FT U&ANDALE FS ' PINEDA FS, LIMESTONE SUBSTRATUM POMELLO FS OLDSMAR FS BASINGER FS RIVIERA FS, -LIMESTONE SUBSTRATUM, FT. DRUM AND 'MALABAH .HIGH FS BOCA FS 'CHOBEE, WINDER AND GATOR SOILS, DEPRESSIONAL HOLOPAW AND OKEELANTA SOILS"DEPRESSIONAL BOCA, RIVIERA, LIMESTONE SUBSTRATUM AND COPELAND FS DEPRESSIONAL HOLOPAW FS PINEDA AND RIVIERA FS WABASSO FS HILOLO LIMESTONE SUBSTRATUM, JUPITER AND MARGATE SOILS, URBAN LAND URBAN LAND HOLOPAW BASINGER COMPLEX URBAN LAND IMMOKALEE OLDSMAR LIMESTONE SUBSTRATUM COMPLEX URBAN LA mD AQUENTS COMPLEX ORGANIC SUBSTRATUM UDORTHENTS SHAPED TUSCAWILLA FS URBAN LAND MATLACHA LIMESTONE SUBSTRATUM BOCA COMPLEX. SATELLITE FS DURBIN AND WULFERT MUCKS URBAN LAND SATELLITE COMPLEX CANAVERAL BEACHES ASSOCIATION wiN'DER, RIiFIERZ�; LITIMESTONE SUBSTRATUM -AND'.- CHOBEE SOILS DEPRESSIONAL PAOLA FS (1-8 percent slopes) PENNSUCCO SOIL (marl prairie) HALL_ANDALE AND BOCA FS (slough) OCHopE, E FSL, PRAIRIE (marl) OCHOPEE FSL KESSON MUCK FREQUENTLY FLOODED ESTERO AND PECKISH SOILS FREQUENTLY.FLOODED JUPITER BOCA COMPLEX BASINGER FS, OCCASIOWZY°FLOODED H 48 H 49 A 50 H 51 H 52 H 53 H 54 H __ 56 HOLOPAW FS, LIMESTONE SUBSTRATUM kALABAR FS. CHOBEE, LIMESTONE SUBSTRATUM AND DANIA MUCKS DEPRESSIONAL RIVIERA; LIMESTONE SUBSTRATUM-COPELAND FS IMMOKALEE FS MYAMCK FS OLDSMAR FS, LIMESTONE -SUBSTRATUM FT U&ANDALE FS ' PINEDA FS, LIMESTONE SUBSTRATUM POMELLO FS OLDSMAR FS BASINGER FS RIVIERA FS, -LIMESTONE SUBSTRATUM, FT. DRUM AND 'MALABAH .HIGH FS BOCA FS 'CHOBEE, WINDER AND GATOR SOILS, DEPRESSIONAL HOLOPAW AND OKEELANTA SOILS"DEPRESSIONAL BOCA, RIVIERA, LIMESTONE SUBSTRATUM AND COPELAND FS DEPRESSIONAL HOLOPAW FS PINEDA AND RIVIERA FS WABASSO FS HILOLO LIMESTONE SUBSTRATUM, JUPITER AND MARGATE SOILS, URBAN LAND URBAN LAND HOLOPAW BASINGER COMPLEX URBAN LAND IMMOKALEE OLDSMAR LIMESTONE SUBSTRATUM COMPLEX URBAN LA mD AQUENTS COMPLEX ORGANIC SUBSTRATUM UDORTHENTS SHAPED TUSCAWILLA FS URBAN LAND MATLACHA LIMESTONE SUBSTRATUM BOCA COMPLEX. SATELLITE FS DURBIN AND WULFERT MUCKS URBAN LAND SATELLITE COMPLEX CANAVERAL BEACHES ASSOCIATION wiN'DER, RIiFIERZ�; LITIMESTONE SUBSTRATUM -AND'.- CHOBEE SOILS DEPRESSIONAL PAOLA FS (1-8 percent slopes) PENNSUCCO SOIL (marl prairie) HALL_ANDALE AND BOCA FS (slough) OCHopE, E FSL, PRAIRIE (marl) OCHOPEE FSL KESSON MUCK FREQUENTLY FLOODED ESTERO AND PECKISH SOILS FREQUENTLY.FLOODED JUPITER BOCA COMPLEX BASINGER FS, OCCASIOWZY°FLOODED •-r�-fy-r,. iWaked Raad -- Ma Wise,2077 _ WON Copyright 2017 MapWse, Inc. All rights reserved. www.mapwise.corn. This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapWise and its suppliers assume no responsibility for any losses resulting from such use. SOILS Selected Custom Parcels Streets OSM Hybrid County Boundaries F Parcel Outlines Soils Boundaries 0 6 9 25£t ft I Introduction / Purpose This report is an account of a Listed Species survey recently performed at 3702 Lake Trafford Road, Immokalee Florida. Required to meet county review requirements its purpose is to identify and describe key habitats and report any listed species using the site that would be at risk due to possible future development actions on the site. This survey and report are based on fieldwork performed during October 2017. II Site Description The project site is located at 3702 Lake Trafford Road, and consists of approximately 2.18 acres. The parcel is in Section 31, Township 48, Range 29, Collier County. This parcel has single family and other associated structures. The ground cover has been maintained. The canopy consists of mature Slash pines, Laurel oaks and cabbage palms. There is a small creek waterway that meanders north south along the western boundary of this parcel. In total the site consists of approximately 2.18 acres. The following is how the acreage figures breakdown. Single Family/ Mixed Hardwoods 111/438 Creek 510 M Listed Species Survey The required survey for a Listed Species Survey calls for a survey covering 100 % of the site, at prescribed transect distances per site acreage. Since this site is partially cleared the survey concentrated in the vegetated areas. Such a survey was conducted in October 2018. All possible species of plants and animals listed by state and federal agencies were noted. Concurrently, notes for FLUCCS mapping purposes were kept. IV Results & Discussions Listed Flora For a Complete List Look at FLUCCS Plant List Epiphytic Plants Spanish moss T. usneoides Golden polypody Polypodium sp. Wild Pines Stiff - leaved Tillandsia fasiculata FDA/C Recurved T balbisiana FDA/T wired -leaved Listed Fauna See Attached Identified Vertebrates Conclusions T. setacea FDA/T This parcel has some limiting factors for wildlife utilization. A busy road to the south borders the parcel. In addition, an elementary school is located just to the east of the subject parcel. The parcel is located in the urban area and currently has a single family home. The remaining habitat does provide some cover for small mammals and songbirds. Evidence of small mammal usage such as raccoons was evident. Armadillos digging were also evident. The site is somewhat limited in its carrying capacity. The main vertebrates encountered were birds traversing the subject parcel and foraging on site. A Bald Eagle nest is located approximately 2 miles further west. Our survey found no listed vertebrate species on this site. Some epiphytic plants such as Spanish moss, Golden polypody and Wild Pines were identified on site. ''�_,�..c - r.,' '`."^�'- •. --,�; __. Vic- ,_ - _ � � �. 4: ' .._ .• �}��_.._.-��?T�:'-' ..- - .. >r --- --�:"�:�. .�¢•- ti's •'�= PQ �. `� r� - :.sem "[' - ��Ity-•. � � �-' •.�-j3'. �``� P EPP ER 1:1 'f.' - _ �'�= �l.•,f' +'�[ ter_ " _ s �}_� 5 n lam'^ LEldDr; -1 RLE OR - AMM '11� . lt=i. =L TT M 11Gfi5'AVE' _ YEn] RfJ; �•—•—��_ SERtf'I T.Y. ref: - ..L a�.rrotio.Ro - ----- _ _r.4Es1.;.«oRn Hu u:r.�•: ar.[..��-:a_'i:=��_ - ._ � -- w, T T� r :• Ir•A W:.H OIl . - f — �, 1 � 1Fi F, V-Yi ~ - .[�Y :(• l .y f�j'., ` ■'�'S ^ I1.11P.oKi::FE DR T -- LOCATION Labels Drawing a .. Points Drawing Lines Drawing •.kr R� L '_ r Polygons Drawing Selected Custom Parcels y Streets MapWise County Boundaries Parcel Outlines y! . -Tit 1 s �_• A s �=' p•,�rs Vii:. s �: . lat ip, h 2 h' f I I N t C an d or warran iven as to its Copyri9 t 0 7 n is MapWise, Inc. All rights reserved. vAyiv.map�nse.com, T is map is in ormauona on y. o represen a ioa e ry g content. User assumes all risk of use. MapWise and its suppliers assume no responsibility for any losses resulting from such use. 1no 340 6110 ft FLUCCS CODE AND VEGETATION UWENTORY FLUCCS CODE (Description) Common Name Scientific Name Indicator Status 111/438 Single Family Home - Mixed Hardwoods This area would be considered disturbed. The area has a single family home and associated structures. The area is vegetated with Slash pines, laurel oaks and cabbage palm canopy. Slash pine Pinus elliotti FACW Cp,D Cabbage palm Sabal palmetto FAC M,C laurel oak Quercus laurifolia FACW Cp,O wax myrtle Myrica cerifera FAC+ M,O Broom sedge Andropogon virginicus FAC- G,O Caesar weed Urena lobata FACU G,O Virginia creeper Ampelopsis quinquefolia FAC G.O Cat -briar Smilax spp. FAC G,C Poison ivy Toxicodendron radicans FAC G,O Grape vine Vitis rotundifolia FAC G,D Whitehead broom Spermacoce verticillata FAC G,C 510 Creek / Waterway This is a narrow meandering drainage / creek Cabbage palm Sabal palmetto FAC M,C laurel oak Quercus laurifolia FACW Cp,O Guineagrass Panicum maximum FAC- G,O Swamp fern Blechnum serrulatum FACW+ G,C Exotics Brazilian pepper Schinus terebinthifolius Exotic KC Wedelia Wedelia trilobata Nuisance G,O Epiphytic Plants Spanish moss T. usneoides Golden polypody Polypodium sp. Wild Pines Stiff - leaved Tillandsia fasiculata FDA/C Recurved T. balbisiana FDA/T wired -leaved T. setacea FDA/T Surroundim Area 111 Single Family Homes 171 Educational Facilities 211 Pasture 8144 County Road ABREVIATIONS — Canopy (Cp), Midstory (M), Ground Cover (G) Dominant (D), Common (C), Occasional (0) INDICATOR STATUS - Obligate (OBL), Facultative wet plants (FACW), Facultative plants (FAC), Upland (UPL) WILDLIFE SPECIES OBSERVED Common Name Amphibian & Reptiles: Brown anole Birds: Dove- mourning Mockingbird Red belly woodpecker Crow, american Bluejay Gray catbird Cardinal Mammals: Virginia opossum Raccoon Nine -banded armadillo Gray squirrel SLecies Anolis sag Zenaida macroura Mimus pal lye ottos Melanerpes carolinus Corvus brachyrhynchos Cyanocltta cristata Dumetella carolinensis Richrnondena cardinalis Didelphis virginiana Procyon lotor Dasypus novemcinctus Sciurus carolininsis Status RDACONSU LTI NG ENGINEERS Meeting Minutes: Neighborhood Informational Meeting - Conditional Use for: Beraca Baptist Church 3702 Lake Trafford Rd (CU-PL20170003317) Location: Beraca Baptist Church, 1160 West Main Street, Immokalee, Florida 34142 Date: Wednesday, December 19, 2018 Time: 6 p.m. Attendees: Sign in Sheet attached Agenda: 5:30 pm Welcome and Sign -In 6:00 pm Presentation: Ronny De Aza Information regarding the formal application that has been submitted to Collier County for approval of a request for Conditional Use (CU) for a church, religious facility, or place of worship in the A, Rural Agricultural Zoning District. Proposed Use Proposed Master Plan Current LDC zoning district uses and development regulations 6:30 pm Open Floor for attendee questions 7:00 pm Meeting Adjourn Minutes: Meeting commenced at 6:15 p.m. Ronny De Aza the principal engineer was the primary presenter for this meeting. Mr. De Aza opened the meeting by overviewing the changes that are suggested in the conditional use application (CU-PL20170003317) for the single-family residence on 3702 Lake Trafford Rd being used as a Church. The current residence will have minor internal remodel to accommodate the congregation of the Church. The square footage of the residence is 3,691 sq ft. The congregation at maximum will be 75 parishioners. Mr. De Aza made copies of the proposed site plan available to the attendees. He described the proposed site changes including 27 parking 3606 Enterprise Ave, Suite 222, Naples, FL 34104 239-302-3280 ronn deaza rdafl.com - www.rdafl.com RDACONSULTING E N G I N E E R S spots including 2 ADA compliant parking spots. There will be two entrances onto the property from the right of way, both driveways will be 24 feet across. One driveway will come from Lake Trafford Road and one driveway will be added from Liberty Way. A traffic impact study was competed. The results do not show an impact to the traffic in in that area. The congregation will meet two days a week, with three meeting times. As listed on the conditional use those days are: Friday 7 p.m. — 9 p.m. and Sunday 9 a.m. — 12 a.m. & 7 p.m. — 9 p.m. Mr. De Aza also mentioned minimum landscape requirements will be met. The property is 3.54 acres and the residence is located in the middle of the property. There is no expected negative impact from sound to the adjacent properties. One adjacent property is an agricultural area and the other is a single-family home that is over 400 ft away. Mr. De Aza opened the floor to questions. One attendee introduced herself to all attendees and stated that she is affiliated with Habitat for Humanity and is there on behalf of the Liberty Landing Association that resides across the street from the residence. The attendee mentioned a 'ramshackle' fence she said is visible from the Liberty Way side of the property and asked if during the site development the fence could be improved. She provided pictures, but the exact location of the fence on the property was not determined. It was not determined if the fence is on the applicant's property or if the fence was located on the adjacent agricultural property. Action Item: RDA Consulting Engineers will identify which property the fence is located on and if there is a reasonable need to improve the condition of the fence. The Pastor for the church was present during the meeting and mentioned that he would take this into consideration as improvements to the property are made. She questioned the location of the additional driveway being added to the Liberty Road side of the property. She suggested that the driveway is designed so the existing mature trees are not removed. Mr. De Aza noted this would be considered on the Landscape Plan after the CU application has been approved. In addition, the attendee voiced her concerns regarding potential for additional weekday meeting times being added to the church schedule after the CU is approved. Her concern is for children that are walking home from school and use the sidewalks to cross the driveways and use the sidewalk that is near the property on Lake Trafford. The Pastor of the Church responded to her directly and confirmed there is no need for additional meeting times. His congregation is only available to meet during evening and weekend times, so daytime meetings and services are not scheduled. 3606 Enterprise Ave, Suite 222, Naples, FL 34104 + 239-302-3280 ronnydeaza@rdafl.com o www.rdafl.com RDACONSU LTI NG E N G I N E E R S Mr. De Aza reviewed the site plans with her regarding the sidewalks and reiterated that meetings at the Church will not be held during datetime hours on weekdays when children are in school, so this should not be a concern. This attendee voiced support for local ministries and is in support of the potential new neighbor but she also wanted to take this opportunity to voice her concerns for the children's safety and the aesthetic preservation and improvements to the property. No additional questions were asked, so Mr. De Aza closed the meeting. Meeting concluded at 6:45 p.m. 3606 Enterprise Ave, Suite 222, Naples, FL 34104 * 239-302-3280 roan deaza rdafi.com ■ www.rdafl.com i I RDACONSU LTI NG Meeting Information: Neighborhood Informational Meeting - Conditional Use for: Wednesday, December 19, 2018 at 6 p.m. Beraca Baptist Church Beraca Baptist Church 3702 Lake Trafford Rd 1160 West Main Street (CU-PL20170003317) Immokalee, Florida 34142 Sign in Sheet Name 1 I �Av r- t_ e. ow3 Coi�►'� �t/+w '7 �4NrN k 12h�'• fS fow�F�-c � ;�, 0 3 a 'CD-v� a. �� C 4 8 10 11 12 13 14 15 RDACONSU LTI NG E N G I N E E R S eennda Meeting Information: Wednesday, December 19, 2018 at 6 p.m. Beraca Baptist Church 1160 West Main Street Immokalee, Florida 34142 Neighborhood Informational Meeting - Conditional Use for: Beraca Baptist Church 3702 Lake Trafford Rd (CU-PL20170003317) 5:30 pm Welcome and Sign -In 6:00 pm Presentation: Ronny De Aza Information regarding the formal application that has been submitted to Collier County for approval of a request for Conditional Use (CU) for a church, religious facility, or place of worship in the A, Rural Agricultural Zoning District. ® Proposed Use m Proposed Master Plan Current LDC zoning district uses and development regulations: 6:30 pm Open Floor for attendee questions 7:00 pm Meeting Adjourn 3606 Enterprise Ave, Suite 222, Naples, FL 34104. 239-302-3280 ronnydeaza@rdafl.com o www.rdafl.com AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, pperry owner's list, and c y of newspaper advertisement which are hereby made a part of this Affidavit of CoAptiant of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this 8th day of March , 24�&by Ronny De Aza , who ' personally <known to me o who has produced (Signature of Notary Public) Megan Gowell Printed Name of Notary GANIM Procedures/Affidavit Of Compliance -NIM Oct201O.Doc as identification. (Notary Seal) 01' pr: y=National OWELL PublicState of Florida k GG 248501 Der�°4'es Aug 14, 2022 Bonnal Notary As ti t yL _ fi;.ir•r f, rf • L . ! + � 1 � ■ � L. IS � V�� r,) 'Y. 1 , . � E,Y. 1 p1j ��5 f•i .r• X"-�.'-. :`:f j,�i2e �Q✓ PUBLIC HEARING � �� !�! �1'1� , � y71I�II 11�NI�r i.�y�,s �.. y /, a - r � L. `..` .�:� •:-1 i1 .• �� =V +ti rr =s�j; `na uLII r. RRequesting Conditional Use ApprovalNr,.„mac t ML— kk CJI j . - 1-- i __ 5-_ _ _ '-fir. hvw. i1i.'_'•.. _~.s-.tc-�aXw..1 _ rbc � Aa' _ i.'. ' �� :k _ J Beraca Baptist Church CU - Posted sign for Hex PUBLIC HEARUNG Requesting conditional use Apprc PETITION NO. CU-PL20170003317- Beraca Baptist Churc Beraca Baptisr- Church, Inc. requests a Conditional Use to allow a church witht Rural Agricultural (A) zoning district pursuant to Section 2.03.01.A.1.c.7 of tl Collier County Land Development Code for a 3.5*- acre property located on the n side of Lake Trafford Road, approximately 1000 feet east of Little League Road Immokalee, in Section 31, To%imship 46 South, Range 29 Bast, Collier Coulity, Flo' Hearing Examiner: March 28, 2019, 9:00am Contact: John Kelly, Senior Planner, at (239)252-5719 or Email: John.Kelly@collierco Location: Hearing Examiner's Meeting Room 2800 North Horseshoe Drive, Room 609/610, Na les, FL 34104 4Z�o - - 4Z�Y1--My GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION, COMPREHENSIVE PLANNING SECTION CONSISTENCY REVIEW MEMORANDUM To: John Kelly, Senior Planner, Zoning Services Section From: Corby Schmidt, Principal Planner, Comprehensive Planning Section Date: March 6, 2019 Subject: Review of Proposed Conditional Use Petition for Consistency with Immokalee Area Master Plan and Future Land Use Element PETITION NUMBER: PL20170003317 [REV: 61 PETITION NAME: Berraca Baptist Church Conditional Use (CU) REQUEST: This petition requests a Conditional Use (CU) for a church, religious facility, or place of worship in the A, Rural Agricultural Zoning District. LOCATION: The ±3.54 -acre subject site is located in Immokalee, at the northwest corner of Lake Trafford Road and Liberty Way*, in Section 31, Township 46 South, Range 29 East. COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban - Mixed Use District, Low Residential Subdistrict, as depicted on the Immokalee Future Land Use Map in the Immokalee Area Master Plan of the Growth Management Plan (GMP). The Immokalee Area Master Plan (TAMP) provides, "The purpose of this [Urban - Mixed Use] District is to provide for residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. Certain recreation/tourist and commercial uses are also allowed subject to criteria. The purpose of this [Low Residential Subdistrict] designation is to provide a Subdistrict for low density residential development. Residential dwellings shall be limited to single-family structures and Duplexes. Multi -Family dwellings shall be permitted to provide they are within a Planned Unit Development. Mobile Home development shall be permitted in the form of mobile home sub- divisions or parks and as a mobile home overlay as defined by the Land Development Code. A density less than or equal to four (4) dwelling units per gross acre is permitted. Non-residential uses permitted within the Residential designation are limited to those uses that are compatible and/or support the residential character of the area. The allowed uses include: parks, open space and recreational uses, churches, libraries, cemeteries, public and private schools, day-care centers and essential services as defined in the Land Development Code." PAGE 1 Collier County Land Development Code (LDC), Section 2.03.01 Agricultural Districts, subsection A.1.c. Conditional uses, identifies "churches" as a permissible conditional use. The LDC provides context for these conditional uses, and defines a church as a, "building or group of buildings and/or structures providing a place of assembly for worship, ceremonies, or rituals pertaining to a particular system of beliefs". FLUE Policy 5.6 requires development to be compatible with, and complementary to, surrounding land uses, as set forth in the Land Development Code. Comprehensive Planning leaves these reviews for, and determinations for making further recommendations on, compatibility and complementary matters to the Zoning Services staff as part of their review of the petition in its entirety. The County recognizes Smart Growth policies and practices in its consideration of future land use arrangements and choice -making options. FLUE Objective 7 and Policies 7.1 through 7.4 promote Smart Growth policies for new development and redevelopment projects pertaining to access, interconnections, open space, and walkable communities. Each Policy is followed by staff analysis [in bold italicized text]. Objective 7: Promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of the Collier County, where applicable, and as follows: Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [This property fronts on Lake Trafford Road. An access point is provided to Lake Trafford Road — classified as a major collector in the Immokalee urban area by the TAMP. *To the east, a narrow tract of land connected with a neighboring subdivision effectively separates the property from fronting Liberty Way.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (The single -use site provides a parking lot and travel lanes that allows access to both access points. Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [The site abuts a roadway to the south. To the east, a narrow tract of land connected with a neighboring subdivision separates the site from Liberty Way. To the west, across the small creek on the subject site that meanders along the entire west side, is a <2 -acre parcel containing a single-family dwelling unit and beyond that is a developed single-family subdivision. To the north is an undeveloped +77.5 -acre parcel that is zoned "A" and surrounded on three sides by developed single-family PAGE 2 subdivisions. The Conceptual Site Plan illustrates no interconnection points proposed along the site's eastern or western boundaries. In staff's view, providing interconnection to the east or west may not be feasible and may provide little benefit. The Conceptual Site Plan depicts a future interconnection on the site's northern boundary.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [This Policy addresses development characteristics mostly not germane to the small church project. Sidewalk is currently found on the site's side of both Lake Trafford ford Road and Liberty way.] Based upon the above analysis, the proposed Conditional Use may be deemed consistent with the Immokalee Area Master Plan and Future Land Use Element of the Growth Management Plan. PETITION ON CITYVIEW cc: Ray Bellows, Zoning Manager, Zoning Services Section David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section Michael Bosi, AICP, Director, Zoning Division G: Comp\ Consistency Reviews�2019 \\bcc.colliergov.net\data\GMD-LDS\CDES Planning Services\Consistency Reviews\2019\CU\CU-PL2017-3317 Berraca Church R6._rvsdFNL.docx PAGE 3 AGENDA ITEM 3-6 Cottier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION HEARING: MARCH 28, 2019 SUBJECT: ZVL(CUD)-PL20I80000209, TOLLGATE COMMERCIAL CENTER PUD PROPERTY OWNERIAPPLICANTIAGENT: Owner: Toll Gate Naples, LLC 3845 Beck Boulevard, #807 Naples, FL 34114 Agent: Robert Mulhere, FAICP Hole Montes, Inc. 950 Encore Way Naples, Fl 34110 REQUESTED ACTION: The Applicant requests the Collier County Hearing Examiner (HEX) affirm a determination by the Planning Manager, pursuant to LDC Section 10.02.06, that the proposed use of beauty shop/salon (SIC 7231, except for beauty and cosmetology schools) is comparable and compatible to those commercial uses permitted in Section 3.3 for Parcel A of the Tollgate Commercial Center PUD, Ordinance No. 92-10, as amended. GEOGRAPHIC LOCATION: The subject property is located on the north side of Beck Boulevard, just east of Collier Boulevard, in Section 35, Township 49 South, Range 26 East, Collier County, Florida. Said property comprises Tracts 7, 8, and 9 of Toil Gate Commercial Center Phase Two, as recorded in Plat Book 18 Pages 23 through 24, and has been developed as Building 8 within the Tollgate Business Park Three development which is addressed as 3845 Beck Boulevard. Property IDIFolio Number: 76885050443. ZVL(CUD)-PL20180000209 Tollgate Commercial Center P[]D Page I of 7 March 1, 2019 Mw Location Map Petition Number: PL20180000209 Zoning Map SURROUNDING LAND USE & ZONING: North: Tollgate Center, Storage; Tollgate Commercial Center PUD—Parcel A South: Beck Boulevard; right-of-way (ROW) width varies and drainage, not zoned East: Tollgate Business Park Three, parking and office/retail building; Tollgate Commercial Center PUD—Parcel A West: Tollgate Boulevard (ROW), then Shell convenience store and fuel; Tollgate Commercial Center PUD—Parcel A I 1 Aerial Photo (CC -GIS) PURPOSEIDESCRIPTION OF PROJECT: The Applicant requests a proposed beauty shop/salon (SIC 7231, except for beauty and cosmetology schools) be deemed comparable in nature to the currently allowed permitted ZVL(CUD)-PL20180000209 Tollgate Commercial Center PUD Page 3 of 7 March 1, 2019 principal uses in Section 3.3 for Parcel A of the Tollgate Commercial Center PUD, Ordinance No. 92-10, as amended. The petitioner has engaged the County's Comparable Use Determination (CUD) process which requires Zoning Division staff review submitted documentation for the purposes of issuing a Zoning Verification Letter (ZLTR). Said ZLTR was issued by the Zoning Division on January 15, 2019, finding that the proposed beauty salon, subject to parking availability at the time of obtaining a Zoning Certificate for he business as required by Code, is comparable and compatible with the listed permitted uses within Parcel A of the Tollgate Commercial Center PUD. The subject hearing seeks affirmation by the HEX of the ZLTR issued by the Zoning Division. STAFF ANALYSIS: The applicable ordinance regulating the zoning and use of the subject property is the Collier County Land Development Code (LDC), Ordinance 04-41, as amended. The current Official Zoning Atlas, an element of the LDC, reveals the subject property is located within the Tollgate Commercial Center PUD, Ordinance 92-10, as amended. As per the most current PUD Master Plan, see amending Ordinance 17-15, the subject property which comprises Tracts 7, 8 and 9, is located within Parcel A. Parcel A corresponds to Section III of the PUD Document, the Commercial Areas Plan. Section 3.2 of the PUD reveals that development within Tract A is intended to be used for commercial purposes serving the motoring public using 1-75 as well as to provide limited commercial goods and serviced of an area -wide nature for the Naples, Marco Island, Golden Gate, and the Immokalee urban areas. Allowable permitted and accessory uses applicable to the subject property are contained within PUD Section 3.3, Commercial Uses, and those listed within Section 3.3.1, Institutional Uses; development standards are located within Section 3.4. The applicant argued that although beauty shop/salon (SIC 7231, except for beauty and cosmetology schools) are not listed as being allowable permitted uses in Parcel A, within either the commercial or institutional component, that shopping centers are listed as being permitted and, being that such beauty salons are commonly located within shopping centers that they should therefore be allowed. The applicant further argues that the subject development satisfies the LDC's definition of a shopping center, which reads, in part: A group of unified commercial establishments built on a site which is planned, developed, owned or managed as an operating unit and related in its location, size, and type of shops to the trade area that the unit serves. It consists of eight or more retail business or service establishments containing a minimum total of 20, 000 square feet of floor area... Nothing within the LDC or the PUD states what types of specific business uses are allowable within a shopping center. The applicant further asserts that a beauty salon is less intense than other allowable business types and bases the assertion on a traffic impact analysis that was performed using the ITE Trip Generation Manual, 10th Edition, finding that the average peak weekday trip generation for a hair salon (ITE land use 918) is 1.45 trips per 1,000 square feet of gross floor area, whereas the average weekday PM trip generation for a quality restaurant (ITE land use 93 1) is 7.80 trips per 1,000 square feet of floor area. It is stated that quality restaurant was chosen for comparison as it has the lowest trip generation compared to other small-scale service uses allowable within the PUD. ZVL(CUD)-PL20180000209 Tollgate Commercial Center PUD Page 4 of 7 March 1, 2019 Staff research reveals the subject property received development approval using the County's Site Development Plan (SDP) process; specifically, SDP -2004 -AR -6260, as amended, Tollgate Business Park Three. Said SDP reveals approval for a unified development of 4.59+/- acres including two buildings; Building 8 (Phase II) being located on the subject property, parking and Building 7 (Phase I) being located on an adjoining property. The most current approved site plan, SDPI-PL20090000724, demonstrates both buildings have retail and office space and that required parking was established using the combined values for retail, retail storage, and office uses only. Staff recognizes that there is a shared parking agreement in effect by and between the controlling interests of both properties, OR 4992 PG 2583-2593. Upon evaluating the applicant's analysis and the SDP, Zoning Staff finds the developer did not design the subject development as a shopping center; rather, it was designed as a business park, as is substantiated by the parking tabulation that was provided as part of the SDP process (SDP -2004 -AR -6260, as amended). LDC Section 4.05.04.G., Table 17, provides a specific parking requirement for shopping centers which is not based upon individual uses. As the property was developed for retail and office space, individual uses are declared for the purpose of determining parking requirements. Staff notes that had required parking been established using the criteria for a shopping center, the site would have insufficient parking. Staff proceeded to challenge the applicant on the issue at which time the applicant provided that the proposed beauty shop/salon would comprise 2,000 square feet, in which three haircutting chairs, two nail stations and one permanent make-up station for which the LDC would require 14.5+/- parking spaces. As based upon a parking analysis provided by the applicant, the office/retail unit in question was afforded 6.8+/- parking spaces as per the approved SDP, as such there is a resulting deficit of 7.7 parking spaces. The applicant argues that the parking deficit should not be taken into consideration as a CUD is based upon uses and not SDP requirements and further suggests that the resulting parking deficit will be off- set as it is reasonable to assume that the mix of office and retail uses will result in some internal capture with employees walking to adjacent retail uses. Staff's analysis finds that the business and operational characteristics of a beauty shop/salon (SIC 7231, except for beauty and cosmetology schools) are comparable and compatible to those permitted and accessory uses enumerated within the Commercial and Institutional elements of the PUD's Commercial Areas Plan. Said analysis is based upon the term "compatibility" which is defined in the LDC as follows: "A condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. " The term "comparable" is generally defined as having features in common with something else or having equivalent or similar attributes. With respect to commercial zoning, the LDC uses a cumulative system that comprises five districts. Staff concludes that as beauty shops/salons (SIC 7231, except for beauty and cosmetology schools) are allowable within the Commercial Professional and General Office District (C-1) zoning district, the least intense of the five commercial zoning districts, they are allowable in all commercial zoning districts unless expressly prohibited. Additionally, staff concurs that such businesses are commonly found within shopping centers which are listed as being a permitted use within this PUD. With respect to intensity, staff doesn't disagree with the applicants parking ZVL(CUD)-PL20180000209 Tollgate Commercial Center PUD Page 5 of 7 March 1, 2019 analysis; however, staff believes that required parking is also a measure of intensity of use and cannot be overlooked. Based upon the above analysis, staff finds the proposed use of beauty shop/salon (SIC 7231, except for beauty and cosmetology schools) to be comparable and compatible with the Parcel A permitted uses contained within Section 3.3.A of the Tollgate Commercial Center PUD, provided that sufficient parking exists at the time of permitting and/or issuance of a Zoning Certificate to support the proposed use. Staff notes that the applicant may consider reducing the intensity of the proposed business by limiting the number of hair -cutting chairs or may pursue an Administrative Parking Reduction (APR), if justified and warranted. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed the Staff Report on March 11, 2019. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner affirm the opinion of the Zoning Manager that the use of beauty shop/salon (SIC 7231, except for beauty and cosmetology schools) is comparable and compatible with the Parcel A permitted uses contained within Section 3.3.A of the Tollgate Commercial Center PUD with the following conditions: In accordance with the LDC, the property and/or business owner(s) must obtain a Zoning Certificate demonstrating that sufficient parking exists to support any such beauty shop/salon prior to obtaining building permits for the build -out of and/or establishing occupancy within any unit(s) pursuant to this zoning action. Attachments: A. Zoning Verification Letter B. Application and Back-up Materials ZVL(CUD)-PL20180000209 Tollgate Commercial Center PUD Page 6 of 7 March 1, 2019 PREPARED BY: - JO A. L Y, SENIOR PLANNER DATE ZONING DIVISION REVIEWED BY: I-- �4/t 7 r RA V. BELLOWS, ZONING MANAGER ATE ZONING MANAGER MICHAEL BOSI, AICP, DIRECTOR DATE ZONING DIVISION ZVL(CUD)-PL20180000209 Tollgate Commercial Center PUD Page 7 of 7 March 1, 2019 GO*er C01414ty Growth Management Department Zoning Services Section January 15, 2019 Robert J. Mulhere, FAICP, VP Hole Mantes, Inc. 950 Encore Way Naples, Florida 34110 Re: Zoning Verification Letter ZLTR (CUD)-PL20180000209; Zoning Verification Letter — Comparable Use Determination for 3845 Beck Boulevard; AKA: Toll Gate Commercial Center Phase 2, Tract 7, Tract 8 and Tract 9, in Section 35, Township 49 South, Range 26 East, of unincorporated Collier County, Florida. Property ID/Folio Number: 75885050403. Dear Mr. Mulhere: This letter is in response to a Comparable Use Determination (CUD) Application that you submitted on the behalf of your client, Toll Gate Naples, LLC. You specifically seek a determination from the Planning Manager and affirmation from the Office of the Hearing Examiner, that the use of beauty shops (SIC 7231, except for beauty and cosmetology schools) is comparable and compatible with the permitted uses in the Tollgate PUD. As per the Future Land Use Map (FLUM), an element of the Collier County Growth Management Pian (GMP), the subject property is located within an area identified as an Interchange Activity Center; specifically, Activity Center 49. The applicable ordinance regulating the zoning and use of the property is the Collier County Land Development Code (LDC), Ordinance 04-41 as amended; the LDC implements the goals, policies and objectives of the GMP. The current official zoning atlas, an element of the Collier County Land Development Code (LDC), Ordinance 04-41, as amended, reveals the subject property has a zoning designation of Planned Unit Development (PUD); specifically, the Tollgate Commercial Center PUD, Ordinance 92-10, as amended. The PUD Ordinance serves to amend the LDC with respect to zoning issues and is the governing zoning regulation for the subject property. Applicable CUD regulations are contained in sections 2.03.00.A and 10.02.06.) of the Collier County Land Development Code (LDC), Ordinance 04-41, as amended. As per the most current PUD Master Plan, see amending Ordinance 17-15, the subject property is located within Parcel A. Parcel A corresponds to Section III of the PUD document, the Commercial Areas Plan. Section 3.2 of the PUD reveals that development within Tract A is intended to be used for commercial purposes serving the motoring public using Interstate 1-75 as well as to provide limited commercial goods and services of an area -wide nature for the Naples, Marco Island, Golden Gate and the Immokalee urban areas. Allowable permitted and accessory uses applicable to the subject property are those contained within PUD section 3.3, Commercial Uses, and those listed within section 3.3.1, Institutional Uses; development standards are contained within section 3.4. The subject property received development approval using the County's Site Development Plan (SDP) approval process; specifically, SDP -2004 -AR -6250, as amended, Tollgate Business Park Three. Said SDP e-1 Zoning Division . 2800 North Horseshoe Drive . Naples, FL 341c4 • 239-252-2400 ■ www.colliergov.net Attachment A Zoning Verification Letter ZLTR(CUD)-PL20180000209 Page 2 of 3 reveals approval for a unified development of +/-4.59 acres including two buildings; Building 8 (Phase II) being located on the subject property, parking and Building 7 (Phase 1) being located on an adjoining property. The most current approved site plan, SDPI-PL20090000724, demonstrates both buildings have retail and office space and that the required parking was established using the combined values for retail uses, retail storage, and office uses only. Staff recognizes that there is a shared parking agreement in effect by and between the controlling interests of both properties, OR 4992 PG 2583-2593. The applicant contends that although Beauty Salons (SIC 7231, except for beauty and cosmetology schools) are not listed as being an allowable permitted use in Parcel "A," within either the commercial or the institutional components in Parcel "A" of the PUD, that shopping centers are a listed permitted use; and since beauty salons are often located within shopping centers, they should be allowed. It is further argued that the subject location satisfies the LDC's definition of a shopping center, which reads, in part: A group of unified commercial establishments built on a site which is planned, developed, owned or managed as an operating unit and related in its location, size, and type of shops to the trade area that the unit serves. It consists of eight or more retail business or service establishments containing a minimum total of 20,000 square feet of floor area... Furthermore, nothing contained within the PUD or the LDC states what specific uses are allowable within a shopping center. The applicant further asserts that a beauty salon is less intense that other business types allowable and bases this assertion on a traffic impact analysis. Said analysis was performed using the ITE Trip Generation Manual, 101' Edition, and finds the average peak weekday trip generation for a hair salon (ITE land use 918) is 1.45 trips per 1,000 square feet of gross floor area, whereas the average weekday PM trip generation for quality restaurant (ITE land use 931) is 7.80 trips per 1,000 square feet of floor area. It is stated that quality restaurant was chosen for comparison as it has the lowest trip generation compared to other small-scale service uses allowable within the PUD. Zoning staff has evaluated the applicant's analysis and finds that the developer did not design the subject development as a shopping center; rather, it was designed as a business park, as is substantiated by the parking tabulation that was provided as part of the Site Development Plan (SDP) process (SDP -2004 -AR - 6260, as amended). LDC Section 4.05.04 G., Table 17, provides a specific parking requirement for shopping centers which is not based upon individual uses; using a shopping center ratio results in a parking requirement exceeding the quantity provided. As the property was developed for retail and office space, individual uses are analyzed for required parking purposes. The applicant was challenged on the issue of parking and it was determined that the subject CUD is for a proposed beauty salon of 2,000 square feet in which three haircutting chairs, two nail stations, and one permanent make-up station are proposed, and for which +/-14.5 parking spaces would be required. As based upon a parking analysis provided by the applicant, the office/retail unit in question is afforded +/-6.8 parking spaces as per the approved SDP, which results in a deficit of 7.7 parking spaces. The applicant argues that the parking deficit should not be taken into consideration, as a CUD is based upon uses and not SDP requirements. The applicant suggests the parking deficit will be off -set, as it is reasonable to assume that the mix of office and retail uses will result in some internal capture with employees walking to adjacent retail. Staff's analysis finds that the business and operational characteristics of a Beauty Shop (SIC 7231, except for beauty and cosmetology schools) are comparable and compatible to those permitted and accessory uses enumerated within the Commercial and Institutional elements of the PUD's Commercial Areas Plan. Said analysis is based upon the term "compatibility" which is defined in the LDC as follows: "A condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. " The term "comparable" is generally defined as having features in common with something else or having equivalent or similar attributes. With respect to commercial zoning, the LDC uses a cumulative system that comprises five districts. Staff concludes that as Beauty Salons (SIC 7231, except for beauty and cosmetology schools) are allowable within the Commercial Professional and General Office District (C-1) zoning district, the least intense of the five commercial zoning districts, they Zoning Ver f cation Letter ZLTR(CUD).PL20180000209 Page 3 of 3 are allowable in all commercial zoning districts unless expressly prohibited. Additionally, staff concurs that such businesses are commonly found within shopping centers which are listed as being a permitted use within this PUD. With respect to intensity, staff doesn't disagree with the applicants parking analysis; however, staff believes that required parking is also a measure of intensity and cannot be overlooked. Staff herewith concludes that a Beauty Salon (SIC 7231, except for beauty and cosmetology schools) is comparable and compatible, provided sufficient parking exists to support the use as proposed at the time of permitting and/or issuance of a Zoning Certificate, which is required of all businesses operating within Collier County. Staff notes that the applicant may consider reducing the intensity of the proposed business by limiting the number of hair cutting chairs, or may pursue an Administrative Parking Reduction (APR) if justified and warranted. The Zoning Manager has reviewed the subject application and submittal documents and finds the arguments made to be compelling. Based upon the information contained herein, it has been concluded that a Beauty Salon (SIC 7231, except for beauty and cosmetology schools) is comparable and compatible to permitted uses within Tract "A" of the Commercial Area of the Tollgate Commercial Center PUD. This determination must be affirmed by the Office of the Hearing Examiner to become valid; you will be notified of a hearing date and time. Disclaimer: Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development. Please be advised that the information presented in this verification letter is based on the Collier County LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County LDC or related ordinances. Should you require additional information or have any questions, please do not hesitate to contact me at (239)252-5719 or e-mail: john.kelly@colliercountyfl.gov. Researched and prepared by: Jo A. Kelly, Senior Planner Zoning Services Section C: GMD-Addressing Section GMD-PUD Monitoring Reviewed by: / ! Raymon ellows, Zoning Manager Zoning rvices Section SITE CONSTRUCTION PLANS 101v roua.se euerNEssmaw rl� onto ncas ouE. see TOLLGATE BUSINESS PARK THREE A PROJECT LYING WITHIN SECTION 35, TOWNSHIP 49 S, RANGE 26 E AND SECTION 2, TOWNSHIP 50 S, RANGE 26 E NAPLES, FLORIDA c vA� SFo wrr rotE y % v,A2E a u..... E .,,� r..aFc,� lov�l}nECrIVr. PLANS PREPARED FOR: PRISTINE HOMES, INC. 3825 BECK BLVD. #721 NAPLES, FL 34114 (239) 591-4231 LOCATION MAP PLANS PREPARED BY: JEPPESEN ENGINEERING CORP. 1090 INNOVATION AVE, SUITE A115 NORTH PORT, FL 34289 (941) 240-6040 INSUBSTANTIAL CHANGE TO SDP -AR -6260 SHEETINDEX 1. COVER SHEET 2. EXISTING CONDITIONS PLAN 3. SITE PLAN 4. UTILITY PLAN 5. WATER & SEWER DETAILS 6. PAVING, GRADING, & DRAINAGE PLAN 7. PAVING, GRADING, & DRAINAGE DETAILS 8. EROSION & SEDIMENT CONTROL PLAN DISCLAIMER: THE ON—SITE WATER AND/OR WASTEWATER FACILITIES ARE TO BE OWNED AND MAINTAINED BY THE PROJECT DEVELOPER AND/OR THE MASTER CONDOMINIUM/HOMEOWNERS' ASSOCIATION. 44 iECAflOORANANG ryMaSE II WATER 6DAY) `�IXViSrG»AGGGnCwG iOane u,i� •v „oAG, x.,.G av .cnn nRa c , v I warm rmr v� ZIIQAQKFILL NOTE: 04-007 1 OF 8 U ------ -- -------------------------------- ----- — ------- ---------------------- --—--—-----—-----—- - — — — — — — — — — — — — — — — — --- - --.� -- - ------ --------------------------------------------- --------------------------------------------- R <K. I PROJECT DA' BECK BOULEVARD (WW VARIEy) I ,n .xFn sa RRrYR FxG (F%MpYMrE M�E%(OPFn fen[E) ] YM10 MRfxi dNi. GENERAL NOTES z;.s_iesFa - - pig PMFap �ES�PxxrmDFC - 1xl SPPttS (YHIIOIxI n/c) ®R COltG O,AVfi i01 1 C I WATCR Ot-v) "` ` n. r x tpesrcrox) QREFARpp WMp (. HAS s'ER OHIYi x.wrxeiva.�x+miseaormaxu,ac mwwr.nroxer rccdsr�c e. rxea0 INSUBSTANTIAL CHANGE TO SDP -AR -6260 JEPPESEN ENGINEERING CORP. PRISTINE HOMES, INC. L TOLLGATE BUSINESS PARK THREE JGDJ 04-007 1090 INNOVATION AVE, SUITE A415 3825 BECK BLVD. #721 NORTHPORT. FL 34289 NAPLES, FL 34114 — (941) 240-6040 (239) 591-4231 SITE PLANiG0 "`=?j'//f z-��40075z n" 3 OF B ^� a <� .,,o� o ,.ox s rd ■■ r�1 . . • Jfrmm1m ■ ■■ L'I on ffim� ------ -- -------------------------------- ----- — ------- ---------------------- --—--—-----—-----—- - — — — — — — — — — — — — — — — — --- - --.� -- - ------ --------------------------------------------- --------------------------------------------- R <K. I PROJECT DA' BECK BOULEVARD (WW VARIEy) I ,n .xFn sa RRrYR FxG (F%MpYMrE M�E%(OPFn fen[E) ] YM10 MRfxi dNi. GENERAL NOTES z;.s_iesFa - - pig PMFap �ES�PxxrmDFC - 1xl SPPttS (YHIIOIxI n/c) ®R COltG O,AVfi i01 1 C I WATCR Ot-v) "` ` n. r x tpesrcrox) QREFARpp WMp (. HAS s'ER OHIYi x.wrxeiva.�x+miseaormaxu,ac mwwr.nroxer rccdsr�c e. rxea0 INSUBSTANTIAL CHANGE TO SDP -AR -6260 JEPPESEN ENGINEERING CORP. PRISTINE HOMES, INC. L TOLLGATE BUSINESS PARK THREE JGDJ 04-007 1090 INNOVATION AVE, SUITE A415 3825 BECK BLVD. #721 NORTHPORT. FL 34289 NAPLES, FL 34114 — (941) 240-6040 (239) 591-4231 SITE PLANiG0 "`=?j'//f z-��40075z n" 3 OF B ^� a <� .,,o� o ,.ox s COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Cofer County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ComparableDetermination LDC sections 2.03.00 A, 10.02.OG J & Code of Laws section 2-83 — 2-90 Chapter 3 G.6 of Administrative PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED 0 PUD Zoning District ❑ Standard Zoning District APPLICANT CONTACT INFORMATION Name of Property Owner(s): Toll Gate Naples, LLC Name of Applicant if different than owner: Address: 3845 Beck Blvd., #807 Telephone. 239-593-3883 City: Cell: N/A Naples E -Mail Address: Jessica@DevelopmentRealty.org Name of Agent(s): Robert J. Mulhere, FAICP, VP Firm: Hole Montes, Inc. Address: 950 Encore Way Telephone.. 239-254-2000 City: Naples State: FL zip: 34114 Fax: N/A State: FL ZIP: 34110 Cell: N/A Fax: 239-254-2099 E -Mail Address: bobmulhere@hmeng.com PROPERTY INFORMATION Site Address: 3845 Beck Blvd., Naples, FL Folio Number: Property Owners Name.. Toll Gate Naples, LLC 76885050403 DETERMINATION REQUEST The determination request and justification for the use must be done by a certified land use planner or a land use attorney. Provide the completed request on a separate attached sheet. Please be very specific and include the SIC Code, if known. The request should adhere to the following format: "I request a determination from the Planning Manager and approval from the Office of the Hearing Examiner, that the use of beautyshops (SIC 7231) is comparable and compatible with the permitted uses in the Tollgate PUD or in the Straight Zoning District." Revised 5/8/2018 Page 1 of 2 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Co 'er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 3 G.6 of the Administrative Code for submittal requirements. The following items are to be submitted with the application packet. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 Affidavit of Authorization 1 Completed Addressing Checklist 1 Determination request and the justification for the use 1 PUD Ordinance and Development Commitment information ✓ Property Ownership Disclosure Form 1 Electronic Copies of all documents *Please be advised: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ❑ ❑ ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. FEE REQUIREMENTS: 211 Application: $1,000.00; Additional Fees of $100 per hour will be charged as needed upon completion of review and research. Payment of Additional Fees will be required prior to the release of the verification. ❑ Estimated Legal Advertising Fee. for the Office of the Hearing Examiner: $1,125.00 All checks payable to: Board of County Commissioners The completed application, all required submittal materials, and the permit fee shall be submitted to: Growth Management Department/Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 11-20-2018 Appiicad Signature Date Robert J. Where, FAICP, VP Printed Name Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was visible and accessible at the time of inspection. This report is based on the Land Development Code that Is In effect on the date the report was prepared. Code regulations could be subject to change. While every attempt has been made to ensure the accuracy or completeness, and each subscriber to or user of this report understands that this department disclaims any liability for any damages in connection with its use. In addition, this department assumes no responsibility for the cost of correcting any unreported conditions. Revised 5/8/2018 Page 2 of 2 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Co)r County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the 0 C. ercenLage ui suai inLeicx. Name and Address % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership Robert P. Hardy as Manager Toll Gate Naples, LLC 100% (see attached Exhibit "A" for breakdown) If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage or Interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 CoMy County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the 9 enerai ana/or umrcea parmers: Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the c tticers, stockholders, beneticianes, or partners: Name and Address % of Ownership Date of Contract: f. If anv contineencv clause or contract terms involve additional parties, list all individuals or titers; it a corporation, partnership, or trust: Name and Address 9. Date subject property acquired August 3, 2012 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coiliergov.net Date of option: Cor County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change In ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 D to Signature Robert P. Hardy as Manager Toll Gate Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 EXHIBIT "A" DISCLOSURE OF INTEREST Name of Owner Percentage of Interest Toll Gate Naples, LLC 100% 3845 Beck Blvd., Suite 807 Naples, FL 34114 (Toll Gate Naples, LLC Owned By): Realty Two, LLC 51% 815 Wernsing Rd. PO Box 650 Jasper, IN 47547 Robert Paul Hardy as Trustee 49 % of the Hardy Family Trust dated 1/3/2005 (Beneficiaries of the above mentioned Trust): Jennifer Hardy Mercer 25% Catherine Pisano 25% Robert J. Hardy 25% Paul Michael Hardy 25% (Realty Two, LLC Owned By): Douglas Bawel 11.11% Zachary Bawel 11.11% Jeffrey Bawel 11.11% Bradley Bawel 11.11% Luke Bawel 11.11% Michael Schwenk 11.11% Ralph Schwenk 11.11% Rita Uebelhor 11.11% Raymond Schwenk 11.11% AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL-20ie000o209 1, ROBERT P. HARDY (print name), as MANAGER (title, if applicable) of TOLL GATE NAPLES. LLC (company, If a Iicable), swear or affirm 0 under oath, that I am the (choose one) ownerappiicantr7contract purchaser and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County In accordance with this application and the Land Development Code; 2. All answers to the questions In this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions Imposed by the approved action. 5. Well authorize ROBERT J. MULHERE, FAICP, VICE PRESIDENT to act as our/my representative In any matters regarding this petition including 1 through 2 above. 'Notes: ■ If the applicant is a corporation, then It Is usually executed by the corp. pres. or v. pres. • If the applicant is a, Limited Liability Company (L L. C.) or Limited Company (L. C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant Is a partnership, then typically a partner can sign on behalf of the partnership. • IF the applicant Is a limited partnership, then the general partner must sign and be identified as the "general partner' of the named partnership. • If the applicant Is a trust, then they must Include the trustee's name and the words 'as trustee". • In each instance, first determine the applicant's status, e.g., Individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penaltle per44y, I de t at I have read the foregoing Affidavit of Authorization and that the facts Si d In It a tru 6--l" q //7, , lZg- Signature Z Ate BERT P. HARDY, MANAGER TOLL GATE NAPLES, LLC STATE OF FLORIDA ,f COUNTY OF COLLIER ,I B The foregoing Inst ant w s sworn to (or affirmed) and subscribed before me on (date) by (name of person providing oath or affirmation), as LI 641 4 !U- who is personaliyr known to me or who has produced (type of identific on) as identification. STAMP/SEAL Signature of Notary Pu c KERRI TYLER 41 • ;: '" W COMMISSION # W%2923 EXPIRES ApA 17, 2021 ' •Yt„ CP\OB-COA-00115\155 REV 3/24/14 Determination Request and Justification The existing Tollgate PUD is located on the north side of Beck Boulevard, at the intersection of Collier Boulevard and Beck Boulevard, in Section 35, Township 49, Range 26, Collier County, Florida. The Tollgate PUD is approximately 100.24 acres, and allows a range of commercial, institutional, and light industrial uses. The applicant is requesting a Zoning Verification Letter/Comparable Use Determination to allow beauty shops (SIC 7231, except for beauty and cosmetology schools) in the building located on Tracts 7, 8, and 9 (3845 Beck Blvd.). The use is not an explicitly permitted commercial use within the Tollgate PUD, Ordinance Number 17-15. The space is in the building located on Tracts 7, 8, and 9. The following commercial uses are permitted in the Tollgate PUD: a) Automobile service stations including engine tune-ups and minor repairs, and car wash facilities which are accessory uses. b) Banks and financial institutions, business and professional offices. c) Cocktail lounges and commercial entertainment. d) Convention and exhibition halls. e) Department stores; drug stores; dry cleaning shops and dry goods stores. f) Electronic games and furniture sales. g) Ice cream shops and dairy drive-in stores. h) Motels; hotels and other transient lodging facilities. i) Research and design labs; restaurants and fast food restaurants. j) Shopping Centers. k) Souvenir stores and stationary stores. 1) Supermarkets m) Variety stores; vehicle rental -automobile and U -haul type of vehicles and equipment including outside display; veterinary offices and clinics; no outside kenneling. n) Any other commercial or professional service which is comparable in nature with the foregoing uses and which the Planning Implementation Director determines to be compatible in this district. Beauty shops are commonly located within shopping centers in Collier County, and are compatible with and less intensive than the above referenced uses, as well as compatible with the institutional uses permitted in Tracts 7, 8, and 9. According the ITE Trip Generation Manual, 10' Edition, the average peak weekday PM trip generation for a hair salon (ITE land use 918) is 1.45 trips per 1,000 square feet of gross floor area. The average peak weekday PM trip generation for a quality restaurant (ITE land use 93 1) is 7.80 trips per 1,000 square feet of gross floor area. Potential uses are limited due to the size of the units, making most of the more intensive uses listed above unfeasible. For the purposes of this analysis, quality restaurant was chosen for comparison as it has the lowest trip generation compared to other smaller scale, service uses that are currently allowed by the Tollgate PUD. The proposed beauty shop use will result in a reduction of the overall trips during the weekday peak PM hours by 6.3 5 trips (an 81 % reduction). Copies of the trip generation data for hair salons and quality restaurants from the Trip Generation Manual, 10' Edition have been included for your reference. Page 1 of 1 Land Use: 918 Hair Salon Description A hair salon is a facility that specializes in cosmetic and beauty services including hair cutting and styling, skin and nail care, and massage therapy. A hair salon may also contain spa facilities. Additional Data The site was surveyed in the 2000s in New York. Source Number I Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 39 Hair Salon (918) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General Urban/Suburban Number of Studies: 1 1000 Sq. Ft. GFA: 4 Directional Distribution: Not Available Vehicle Trip Generation per 1000 Sq Ft...GFA Average Rate Range of Rates Standard Deviation 1.21 1.21 - 1.21 « I Data Plot and Equation Caution — Small Sample Size 4 N W 3 CL n 2 1 0 X = 1000 Sq. Ft. GFA X Study Site Fitted Curve Equation: Not Given - - - - Average Rate Rz_ «««« 40 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) x n 1 2 3 4 5 X = 1000 Sq. Ft. GFA X Study Site Fitted Curve Equation: Not Given - - - - Average Rate Rz_ «««« 40 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) Hair Salon (918) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Setting/Location: General Urban/Suburban Number of Studies: 1 1000 Sq. Ft. GFA: 4 Directional Distribution: 17% entering, 83% exiting Vehicle Trip Generation_ per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 1.45 1.45-1.45 ' Data Plot and Equation U,a W C' F n r Caution — Small Sample Size 6 _ _ _ X q. 3 2 00 1 2 3 4 5 X Study Site Fitted Curve Equation: Not Given X = 1000 Sq. Ft. GFA - - - - Average Rate Ra_ *— i� Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 41 Hair Salon (918) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, AM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 1 1000 Sq. Ft. GFA: 4 Directional Distribution: Not Available Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 1.21 1.21 - 1.21 Data Plot and Equation Caution— Small Sample Size 5 4 W 3 CL F u F 2 1 On x 1 2 3 4 5 X = 1000 Sq. Ft. GFA X Study Site Fitted Curve Equation: Not Given - - - - Average Rate W_ .... 42 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999), Hair Salon (918) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, PM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 1 1000 Sq. Ft. GFA: 4 Directional Distribution: 38% entering, 62% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 1.94 1.94-1.94 Data Plot and Equation Caution — Small Sample Size 1 X = 1000 Sq. Ft. GFA X Study Site Fitted Curve Equation: Not Given - - - - Average Rate Rz_ .... Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 43 Hair Salon (918) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Saturday, Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 1 1000 Sq. Ft. GFA: 4 Directional Distribution: 36% entering, 64% exiting Vehicle Trip Generation_ per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 5.08 5.08-6.08 Data Plot and Equation H Caution — Small Sample Size 30 25 X 20 15 10 5 00 1 2 3 4 5 X Study Site Fitted Curve Equation: Not Given X = 1000 Sq. Ft. GFA - - - - Average Rate Ra_ .... 44 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) �, Land Use: 931 Quality Restaurant Description This land use consists of high quality, full-service eating establishments with a typical duration of stay of at least one hour. Quality restaurants generally do not serve breakfast; some do not serve lunch; all serve dinner. This type of restaurant often requests and sometimes requires reservations and is generally not part of a chain. Patrons commonly wait to be seated, are served by a waiter/ waitress, order from menus and pay for meals after they eat. While some of the study sites have lounge or bar facilities (serving alcoholic beverages), they are ancillary to the restaurant. Fast casual restaurant (Land Use 930) and high -turnover (sit-down) restaurant (Land Use 932) are related uses. Additional Data The outdoor seating area is not included in the overall gross floor area. Therefore, the number of seats may be a more reliable independent variable on which to establish trip generation rates for facilities having significant outdoor seating. The sites were surveyed in the 1980s and the 1990s in Alberta (CAN), California, Colorado, Florida, Indiana, Kentucky, New Jersey, and Utah. Source Numbers 126, 260, 291, 301, 338, 339, 368, 437, 440, 976 68 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) W Quality Restaurant (931) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday Setting/Location: General Urban/Suburban Number of Studies: 10 1000 Sq. Ft. GFA: 9 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 83.84 33.45 - 139.93 40.01 Data Plot and Equation i� Trip Generation Manual 10th Edition • Volume 2: Data - Services (Land Uses 900-999) 69 1,500 X X v w` CL F 1,000 u F X X X ,X 500 X X X 00 5 10 15 20 X = 1000 Sq. Ft. GFA X Study Site - - - - Average Rate Fitted Curve Equation: Not Given R'= """• i� Trip Generation Manual 10th Edition • Volume 2: Data - Services (Land Uses 900-999) 69 Quality Restaurant (931) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General Urban/Suburban Number of Studies: 7 1000 Sq. Ft. GFA: 10 Directional Distribution: Not Available Vehicle Trip Generation per 1000 Sq Ft GFA .......... Average Rate Range of Rates Standard Deviation 0.73 0.25-1.60 0.42 Data Plot and Equation W i= o x o xx x 5 ' X X 00 5 10 15 20 X Study Site Fitted Curve Equation: Not Given X = 1000 Sq. Ft. GFA - - - - Average Rate Rz_ --- 70 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) RIS Quality Restaurant (931) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Setting/Location: General Urban/Suburban Number of Studies: 19 1000 Sq. Ft. GFA: 9 Directional Distribution: 67% entering, 33% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA _...... .. Average Rate Range of Rates Standard Deviation 7.80 2.62-18.68 4.49 Data Plot and Equation m C W CL 2 F. ?00 x 150 _ x X X X 100 ' X X X X Xi 50 _ X. ". X X x X ' X X X X 00 5 10 15 20 X Study Site Fitted Curve Equation: Not Given X = 1000 Sq. Ft. GFA - - - - Average Rate R=_ .... it Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 71 Quality Restaurant (931) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, AM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 12 1000 Sq. Ft. GFA: 8 Directional Distribution: 80% entering, 20% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation i 4.47 0.87-10-38 _ 3.26 _I Data Plot and Equation 72 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) I %wrw 200 150 w` .0 N II X N 100 X X - - 50 -- X X - - X- X - X- X X XX 00 5 10 15 20 X = 1000 Sq. Ft. GFA X Study Site - - - - Average Rate Fitted Curve Equation: Not Given R'= "" 72 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) I %wrw Quality Restaurant (931) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, PM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 15 1000 Sq. Ft. GFA: 9 Directional Distribution: 61% entering, 39% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA ._ ...... . Average Rate Range of Rates Standard Deviation 8.28 2.66-15.90 3.89 Data Plot and Equation 200 150 N C W a r- F - n H 100 50 0 X = 1000 Sq. Ft. GFA X Study Site Fitted Curve Equation: Not Given - - - - Average Rate Rs_ .... &� Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 73 X X X = 1000 Sq. Ft. GFA X Study Site Fitted Curve Equation: Not Given - - - - Average Rate Rs_ .... &� Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 73 Quality Restaurant (931) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Saturday Setting/Location: Number of Studies: 1000 Sq. Ft. GFA: Directional Distribution: General Urban/Suburban 6 10 50% entering, 50% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates 90.04 53.63 - 126.78 Data Plot and Equation Standard Deviation 32.81 74 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) Noma 1,500 .. XX ' m 1,000 _ ... < . _ ...... _ . Lu CL X 2 H u X� X 500 X 00 5 10 15 20 X = 1000 Sq. Ft. GFA X Study Site - - - - Average Rate Fitted Curve Equation: Not Given R'= 74 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) Noma Quality Restaurant (931) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Saturday, Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 7 1000 Sq. Ft. GFA: 10 Directional Distribution: 59% entering, 41 % exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA ........ . Average Rate Range of Rates Standard Deviation 10.68 5.75-15.29 3.62 Data Plot and Equation 201 151 101 51 X = 1000 Sq. Ft. GFA X Study Site Fitted Curve Equation: Not Given - - - - Average Rate R:= .... II Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 75 Quality Restaurant (931) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Sunday Setting/Location: General Urban/Suburban Number of Studies: 6 1000 Sq. Ft. GFA: 10 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 71.97 41.38 -120.59 26.30 Data Plot and Equation 1,200 1,000 800 v Wu CL F- H. 11 600 400 200 X = 1000 Sq. Ft. GFA X Study Site Fitted Curve Equation: Not Given - - - - Average Rate W_ .... 76 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) I&Wzr Quality Restaurant (931) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Sunday, Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 6 1000 Sq. Ft. GFA: 10 Directional Distribution: 63% entering, 37% exiting Vehicle Trip Generation per 1000 Sq Ft. GFA Average Rate Range of Rates Standard Deviation 7.80 4.69-12.06 2.48 Data Plot and Equation 20 15i N C W CL 2 II F- 10 5 X = 1000 Sq. Ft. GFA X Study Site Fitted Curve Equation: Not Given - - - - Average Rate R:_ .... !& � Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 77 Quality Restaurant (931) Vehicle Trip Ends vs: Employees On a: Weekday, AM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 3 Avg. Num. of Employees: 22 Directional Distribution: 56% entering, 44% exiting Vehicle Trip Generation per Employee Average Rate Range of Rates Standard Deviation 0.69 0.35-2.71 1.97 _II Data Plot and Equation 1 Caution — Small Sample Size X = Number of Employees X Study Site Fitted Curve Equation: Not Given - - - - Average Rate Rz_ - 78 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) ;a= / X X 5. X , 5 _. On 10 20 30 40 X = Number of Employees X Study Site Fitted Curve Equation: Not Given - - - - Average Rate Rz_ - 78 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) ;a= Quality Restaurant (931) Vehicle Trip Ends vs: Employees On a: Weekday, PM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 3 Avg. Num. of Employees: 22 Directional Distribution: 58% entering, 43% exiting Vehicle Trip Generation per Employee Average Rate Range of Rates Standard Deviation 1.79 1.10-2.95 2.81 Data Plot and Equation 60 50 40 20 10 Caution — Small Sample Size X = Number of Employees X Study Site Fitted Curve Equation: Not Given - - - - Average Rate R:_ — i� Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 79 X X X 1 10 20 30 40 X = Number of Employees X Study Site Fitted Curve Equation: Not Given - - - - Average Rate R:_ — i� Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 79 Quality Restaurant (931) Vehicle Trip Ends vs: Seats On a: Weekday Setting/Location: General Urban/Suburban Number of Studies: 6 Avg. Num. of Seats: 345 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generation per Seat Average Rate Range of Rates Standard Deviation 2.60 1.83-4.01 0.85 Data Plot and Equation 1 F X = Number of Seats X Study Site - -- Fitted Curve - - - - Average Rate Fitted Curve Equation: T = 3.90(X) - 447.07 R'= 0.59 80 Trip Generation Manual 10th Edition - Volume 2: Data - Services (Land Uses 900-999) X 500 X ,000 X X X 500 On 100 200 300 400 500 X = Number of Seats X Study Site - -- Fitted Curve - - - - Average Rate Fitted Curve Equation: T = 3.90(X) - 447.07 R'= 0.59 80 Trip Generation Manual 10th Edition - Volume 2: Data - Services (Land Uses 900-999) Quality Restaurant (931) Vehicle Trip Ends vs: Seats On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General Urban/Suburban Number of Studies: 5 Avg. Num. of Seats: 355 Directional Distribution: Not Available Vehicle Trip Generation per Seat Average Rate Range of Rates Standard Deviation 0.02 0.01-0.04 0.01 Data Plot and Equation N W d 1 Caution — Small Sample Size X Study Site Fitted Curve Equation: Not Given X = Number of Seats - - - - Average Rate Rs= — ;A-- Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 81 5 X 0 _X X X 5 X 00 100 200 300 400 500 X Study Site Fitted Curve Equation: Not Given X = Number of Seats - - - - Average Rate Rs= — ;A-- Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 81 Quality Restaurant (931) Vehicle Trip Ends vs: On a: Setting/Location: Number of Studies: Avg. Num. of Seats: Directional Distribution: Seats Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. General Urban/Suburban 11 344 67% entering, 33% exiting Vehicle Trip Generation per Seat Average Rate Range of Rates 0.28 0.14-0.50 Data Plot and Equation Standard Deviation 0.11 82 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) RE 200 X 150 - - X.. _. Lu a X, " F X X. " F 100 X X " X " " X 50'. )( X 00 100 200 300 400 500 X = Number of Seats X Study Site - - - - Average Rate Fitted Curve Equation: Not Given R'= ""' 82 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) RE Quality Restaurant (931) Vehicle Trip Ends vs: Seats On a: Weekday, AM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 9 Avg. Num. of Seats: 278 Directional Distribution: 69% entering, 31% exiting Vehicle Trip Generation per Seat Average Rate Range of Rates Standard Deviation i 0.15 0.04-0.34 0.10 _ J Data Plot and Equation 21 OHM of X -' X X'x X X, 100 200 300 400 500 X Study Site Fitted Curve Equation: Not Given X = Number of Seats - - - - Average Rate Rz_ .... i� Trip Generation Manual 10th Edition • Volume 2: Data - Services (Land Uses 900-999) 83 Quality Restaurant (931) Vehicle Trip Ends vs: Seats On a: Weekday, PM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 10 Avg. Num. of Seats: 272 Directional Distribution: 59% entering, 41 % exiting Vehicle Trip Generation per Seat Average Rate Range of Rates Standard Deviation 0.29 0.18-0.44 0.09 ! Data Plot and Equation N Lu a H 11H 2( v 0I . )01 100 400 X = Number of Seats X Study Site Fitted Curve - - - - Average Rate Fitted Curve Equation: T = 0.35(X) - 16.83 R'= 0.72 84 Trip Generation Manual 10th Edition - Volume 2: Data - Services (Land Uses 900-999) Quality Restaurant (931) Vehicle Trip Ends vs: Seats On a: Saturday Setting/Location: General Urban/Suburban Number of Studies: 6 Avg. Num. of Seats: 345 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generation per Seat Average Rate Range of Rates Standard Deviation 2.57 1.53-4.12 0.86 Data Plot and Equation 1,500 1,000 Lu a H i H 500 0 X /X X X 10 200 300 400 X = Number of Seats X Study Site - Fitted Curve Fitted Curve Equation: T = 3.52(X) - 326.59 - - - - Average Rate R'= 0.54 i� Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 85 Quality Restaurant (931) Vehicle Trip Ends vs: Seats On a: Saturday, Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: i Avg. Num. of Seats: 325 Directional Distribution: 59% entering, 41 % exiting Vehicle Trip Generation per Seat _..... _... ........ Average Rate Range of Rates Standard Deviation 0.33 _ 0.16-0.50 0.11 Data Plot and Equation 86 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 200 X 150 x X ui a F= F X 100 X, X 50 X 00 100 200 300 400 500 X = Number of Seats X Study Site - - - - Average Rate Fitted Curve Equation: Not Given R'= **** 86 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) Quality Restaurant (931) Vehicle Trip Ends vs: Seats On a: Sunday Setting/Location: General Urban/Suburban Number of Studies: 6 Avg. Num. of Seats: 345 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generation per Seat Average Rate Range of Rates Standard Deviation 2.05 _ 1.66-2.47 0.31 _I Data Plot and Equation 1 1 N Li Li ,200 X' ,000 X 900 X X 600 X 400 200 On 100 200 300 400 500 X = Number of Seats X Study Site Fitted Curve - - - - Average Rate Fitted Curve Equation: T = 2.00(X) + 19.60 R'= 0.71 ;� Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 87 Quality Restaurant (931) Vehicle Trip Ends vs: Seats On a: Sunday, Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 6 Avg. Num. of Seats: 345 Directional Distribution: 63% entering, 37% exiting Vehicle Trip Generation per Seat ........ Average Rate Range of Rates Standard Deviation 0.22 0.19-0.30 0.04 Data Plot and Equation 2 1 X = Number of Seats X Study Site -- - Fitted Curve - - - - Average Rate Fitted Curve Equation: Ln(T) = 0.86 Ln(X) - 0.70 R'= 0.59 88 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) ,`�� Quality Restaurant (931) Person Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, AM Peak Hour of Generator Setting/ Location: General Urban/Suburban Number of Studies: 3 1000 Sq. Ft. GFA: 6 Directional Distribution: 58% entering, 42% exiting Person Trip Generation per 1000 Sq. Ft. GFA ..._ Average Rate Range of Rates Standard Deviation j 4.27 1.47-6.96 6.41 Data Plot and Equation Caution — Small Sample Size 41 31 C SL H II 21 H 1 X = 1000 Sq. Ft. GFA X Study Site Fitted Curve Equation: Not Given - - - - Average Rate Rx_ .... �� Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 89 X X I X J n 2 4 6 8 X = 1000 Sq. Ft. GFA X Study Site Fitted Curve Equation: Not Given - - - - Average Rate Rx_ .... �� Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 89 Quality Restaurant (931) Person Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, PM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 3 1000 Sq, Ft. GFA: 6 Directional Distribution: 58% entering, 42% exiting Person Trip Generation per 1000 Sq. Ft. GFA Average Rate Range of Rates Standard Deviation 9 9 i 16.97 6.09-22.93 23.07 Data Plot and Equation Caution — Small Sample Size 20 5 i X X J X 70 2 4 6 8 X = 1000 Sq. Ft. GFA X Study Site - - - - Average Rate Fitted Curve Equation: Not Given R'= ""` 90 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) Quality Restaurant (931) Person Trip Ends vs: Employees On a: Weekday, AM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 3 Avg. Num. of Employees: 22 Directional Distribution: 58% entering, 42% exiting Person Trip Generation per Employee Average Rate Range of Rates Standard Deviation 1.18 0.55-5.14 3.70 Data Plot and Equation Caution — Small Sample Size 4 3 1 o - X X o , 0 X 0 �. 00 10 20 30 40 X = Number of Employees X Study Site Fitted Curve Equation: Not Given - - - - Average Rate R2=.... KF Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 91 Quality Restaurant (931) Person Trip Ends vs: Employees On a: Weekday, PM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 3 Avg. Num. of Employees: 22 Directional Distribution: 58% entering, 42% exiting Person Trip Generation per Employee Average Rate Range of Rates Standard Deviation 4.69 2.58-8.60 7.47 Data Plot and Equation Caution— Small Sample Size 201 15 , X X X, �n 10 20 30 40 X = Number of Employees X Study Site Fitted Curve Equation: Not Given - - - - Average Rate R:= -- 92 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) Quality Restaurant (931) Person Trip Ends vs: Seats On a: Weekday, AM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 3 Avg. Num. of Seats: 146 Directional Distribution: 58% entering, 42% exiting Person Trip Generation per Seat ...... _ .._.._ Average Rate Range of Rates Standard Deviation 0.18 0.06-0.38 0.31 Data Plot and Equation Caution — Small Sample Size Ii� Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 93 40 X X 30 y U C Lu a F- II r 20 X 10 00 50 100 150 200 X = Number of Seats X Study Site - - - - Average Rate Fitted Curve Equation: Not Given R2= **** Ii� Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) 93 Quality Restaurant (931) Person Trip Ends vs: Seats On a: Weekday, PM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 3 Avg. Num. of Seats: 146 Directional Distribution: 58% entering, 42% exiting 200 150 X = Number of Seats X Study Site - - - - Average Rate Fitted Curve Equation: Not Given R'=1- 94 Trip Generation Manual 10th Edition • Volume 2: Data • Services (Land Uses 900-999) NUB r INSTR 4924569 OR 4992 PG 2583 E -RECORDED 12/16/2013 1:22 PM PAGES 11 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $95.00 This instrument prepared by and after recording return to: Leo J. Salvatori, Esq, Salvatori, Wood 8 Buckel, P.L. 9132 Strada Place, Fourth Floor Naples, FL 34108-2683 PARKING EASEMENT AND MAINTENANCE AGREEMENT This Parking Easement and Maintenance Agreement is made and entered into this 9" day of September, 2013 by and between TOLL GATE NAPLES, LLC, a Florida limited liability company (hereinafter referred to as "TGN"); and TOLLGATE BUSINESS PARK III CONDOMINIUM ASSOCIATION, IN�,- t t -f r -profit corporation (hereinafter referred to as "Association"). /j'� ! °� 91:9 WITNESSET 111 \ WHEREAS, TGN is/th attached hereto and incoroo at( WHEREAS, the Ass as Tollgate Business Park thereof recorded in the Offi Florida (the "Condominium"), B attached hereto and incorr) WHEREAS, the TGN Property, the li em es described on Exhibit A retercehe "TGN Property"). s e o © I ` um s cit Pjfor the condominium known db i rrc .din t ' eclaration of Condominium ( 4042, Page 9 t e Ub c Records of Collier County, Condominium colt ist t property described on Exhibit Grein by this referen ' "Condominium Property"). contiguous to, the Condominium WHEREAS, the Association property is commonly referred to as Building 7 or Phase 1, and the TGN property is commonly referred to as Building 8 or Phase 11. WHEREAS, at one time the TGN Property constituted future Phase II of the Condominium. However, due to economic and other reasons, the TGN Property was never dedicated to the Condominium form of ownership, and is not part of the Condominium. WHEREAS, the Declaration of Condominium for the Condominium and Collier County site development plan approval # 6260, contemplates the TGN Property and the Condominium property would have the shared use of the Phase 1 and Phase II parking spaces as depicted on Exhibit C-1 and C-2 attached hereto, and incorporated herein by virtue of this reference (the "Parking Area"). WHEREAS, there are 247 parking places approved for the Parking Area as shown on Exhibit D and depicted on Exhibit C-1 and C-2, Pro -rating the 247 parking spaces based on each buildings square footage results in Building 7 being allocated fifty-five (55) spaces, and Building 8 being allocated one hundred and ninety-two (192) spaces. Whereas, one hundred and eight (108) parking spaces are located on Phase 1 of the approved development plan as depicted on Exhibit C-1, of which fifty-five (55) spaces may be Prolaw: 832703 OR 4992 PG 2584 allocated for the exclusive use of Building 7 and fifty-three (53) spaces may be allocated for the exclusive use of Building 8. WHEREAS, TGN and the Association wish to enter into this Agreement so as to allow for the shared use of the Parking Area and the shared cost of maintenance thereof, so as to provide TGN with use of the Parking Area contemplated in the approved site development plan, and to provide the Association with economic relief from the cost of it solely maintaining a disproportionate number of Phase 1 parking spaces. NOW, THEREFORE, in consideration of the mutual premises contained herein, and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do hereby agree as follows: The above captioned recitals are true and correct. TGN and Association do hereby exclusive use of fifty-five (55)1parl+ use of the fifty-three (53)� attached hereto as C-1.} ' TGN shall also be ei TGN Property as de cost of maintenance 4. The parties hereto `ecbt f hbr/Qt maintaining the Pha arking areas on limited to, repairing, r s ing, restriping, of said landscaping) a o s: (a) Association shall bif+ bear forty-nine (49%) p�r the Association shall be entitled to the d.TGN shall be entitled to the exclusive WitRhase 1 as depicted on the sketch g spaces located upon the I solely responsible for the ar�ies shall share all costs of r Property (including, but not andscaping and the irrigation of all said costs; and TGN shall (b) No party shall undertake any maintenance, repairs or other charges to said Parking Areas unless and until the scope of the work and budget therefor have been approved in advance in writing by both parties hereto, (c) Said repairs, maintenance and replacement shall be performed by the Association unless the parties should otherwise hereto agree. TGN does hereby agree to pay the Association its fair share of all of said costs in accordance with the formula set forth above within thirty (30) days of receipt of an invoice for the same, together with proof of payment thereof; provided, however, upon agreement of the parties to an annual budget in advance each year, TGN shall pay the Association quarterly such amounts as are due from TGN under the terms of said mutually agreed budget. 5. This Agreement is being delivered and is intended to be performed in the State of Florida, and shall be construed and enforced in accordance with the laws of that state. In the event that any action is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reimbursement for all reasonable attorneys' fees and costs incurred, including those incident to any appeal. The parties further agree that in the event any litigation is brought to enforce or interpret the terms of Prolaw: 832703 OR 4992 PG 2585 91 7 this Agreement, the exclusive forum thereof shall be the Circuit Courts of Collier County, Florida. In the event any suit or action is instituted to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, at trial, on any appeal, and on any petition for review, in addition to all other sums provided by law. Any waiver with respect to the provisions of this Agreement shall not be effective unless in writing and signed by the party against whom it is asserted. No such waiver shall constitute a waiver of any subsequent breach or default. 8. If in any judicial proceeding a court shall refuse to enforce all the provisions of this Agreement, any unenforceable provisions shall be deemed eliminated from this Agreement for the purpose of that proceeding as is necessary to permit the remainder of the agreement to be enforced in that proceeding. ct tj\ C) Dned, �ale�'and delivered �'— ---- OLL 0 our Fese de �� li ited lic' 1--e-ss #1 (print name below) � B',;' �r /0 ) , #2 (print name below)' Witness -#1 (print name below) LE0 I SALVATORI Witness #2 ( rint name below) 6ebra K. Blackwell Prolaw: 832703 3 NAP S, LLC, lorida m any 1 -lardy, as Manager (Corporate Seal) TOLLGATE BUSIN SS PARK III CONODMINIUM Ag OCIATION, INC., a Florida not -for- rofi corpora ' n By. Rob Paul Hardy, as Presiden OR 4992 PG 2586 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 10th day of September, 2013, by ROBERT PAUL HARDY, as Manager of TOLL GATE NAPLES, LLC, a Florida limited liability company, who is personally known to me. A /,j , i l' Notary Pu L- V'vDEBRA K.BLACKWELL MY COMMISSION f FF 020761 EXPIRES: August 26, 2017 Bonded Thru NOlary Public UnderwrNers 4—..—IL Typed, printed or stamped name of notary My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing, instru 2013, by ROBERT PAUL CONDOMINIUM ASSOCIAI known to me. Prolaw: 832703 ., —, ON I 1►s 10th day of September, TE BUSINESS PARK III poration, who is personally EBRA K. BLACKWELL OMMISSION f FF 020761 IRES: August 20, 2017 Thru Nolaq Publb Underwriters Expires: OR 4992 PG 2587 INSTR 4726799 OR 4824 PG 3147 RECORDED 8/9/2012 9:13 AM PAGES 3 DWIGHT E. BROCK, CLERKOF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $27.00 CONS $100.00 3 EXHIBIT______ • IN THE CIRCUIT COURT OF TI -M TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION TOLL GATE NAPLES, LLC, A FLORIDA LMTED LIABILITY COMPANY Plaintiff(s), Case No. 11-4309 - CA V. GRAND CYPRESS COMMUNITIES, INC., TOLLGATE BUSINESS PARK, LLC, TOLLGATE BUSINESS PARK III CONDOMINIUM ASSOCIATION, INC., TOLLGATE BUSINESS PARK IV CONDOMINIUM ASSOCIATION, INC., AND TOLL GATE COMMERCIAL CENTS OWNERS ASSOCIATION, INC. _q `u Defendant(s). The undersigned of Sale in this action attached hereto and a filing objections. The; WITNESS my hanl' 8��i4e seal of this court on / Copies to: ( N %� ko t -Richard D. Yovanovich, Esq. Glenn J. Ballenger, Esq. Larry 7, Gode / Elite Service Group, LLC Dwight E. filed a Certificate d in Exhibit "A" time allotted for C?RTBMPIES, LLC,A ARLimi ifd basili#ry 4�v of Court OR 4992 PG 2588 OR 4824 PG 3148 EXHIBIT A PARCEL A: Units 701, 7D2, 722, 723 and 724, Building 7 Tollgate Business Park III Condominium, according to the Declaration of Condominium thereof as recorded in Ofilolai Records Book 4042, page 998, and subsequent amendments thereto, of the Public Records of Collier County, Florida. PARCEL Bt ALL OF THE TRACTS IN PLAT BOOK 22 P. COLLIER COUNTY, FL BOOK 18, PAGE 23 FLORIDA, MORE PARI BEGINNING AT THE S BOOK 18, PAGE 23 FLORIDA: THENCE RU 89'56'02' W A DISTr THENCE RUN 5 89'6 CURVE CONCAVE TO SAID CURVE HAVINO 90'00'14'ANGLE AND MQ A CHORD LENG' 139.22 ALONG THE I CURVE CONCAVE TO SAID CURVE HAVIN WITH A CHORD W C FEET. THENCE N 9' 00'03'5D" E A D A OF 23.08 FEET: EI POINT OF BEGIN ING IN PLAT COUNTY ACT 10 S IING: DINT ON A or PARCEL C: Units 01; 9' 4: 90 906, 9i17; `408, 9b4; 9 911; 9 'x'13 f �15, 916,91 918, 919, ag 922, Building 9 Tollgate Busi Park !� Co dbrr� um, accordingto the Dec�{d_�p of Condominium thereof as d i t0ffC cards Book 4311, page 220 Sequent amendments thereto, be ul)t94 rds of Collier County, Florida. Con't OR 4992 PG 2589 *** OR 4824 PG 3149 *** i PARCEL D: Phase 2, Bldg 10 • A PORTION OF TRACTS 25, 20 & 27 AND A PORTION OF A VACATED PRIVATE RIGHT-OF-WAY TOLLGATE COMMERCIAL CENTER, PHASE THREE, A SUBDIVISION ACCORDINO TO THE PLAT THEREOF AS RECORDED 91 PLAT BDOK 22, PACES 95 THROUGH 100, OF THE PUBUC RECORDS OF COLLIER COUNTY, FLOMDIL MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 26, TOLLGATE COMMERCIAL CENTER, PW5 THREE A SUBDMSION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGES 95 TROUGH 10D, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA THENCE RUNNING ALONG THE EASTERLY UNE OF SAID TRACT 25, S 00'03'58' E FOR A DISTANCE OF 247.93 FEET TO THE POINT OF BEGINNING,, THENCE CONTINUE ALONG SAID UNE S 00'03'55' E FOR A DISTANCE OF 52.18 FEETI THENCE RUN N 8910'02' E FOR A 05TANCE OF 20.00 FEET; THENCE RUN S 0003'58' E FOR A DISTANCE OF 161.81 FEETI THENCE RUN 5 6953'37' W FOR A DISTANCE OF 455.00 FEET TO THE WEST UNE OF TRACT 25, THENCE RUN N 00'03'58' W ALONG THE WEST UNE OF SAID TRACT 25 & 26 FOR A DISTANCE OF 233,99 FEET: THENCE RUN N 89'5320' E FOR A DISTANCE OF 435.00 FEET TO THE POINT OF BEGINNING. Phase 3 Bldg 11: A PORTION OF TRACTS 24, 25, 27 & COMMERCIAL CENTER, PHASE THREE, BOOK 22, PAGES 95 THROUGH 100, ( PARTICULARLY DESCRIBED AS FOLLOVP F -WAY TOLLGATE RECORDED IN PLAT . MORE A 100, OF SAID IA N 1744'04" E FOR I THE OR 4992 PG 2590 V Y w Y LEGAL DESCRIPTION FOR: TOLLGATE BUSINESS PARK III PHASE % BUILDING SEVEN LEGAL DESCRIPTION: EXHIBIT ALL OF TRACT 15 AND VACATED RIGHT-OF-WAY OF TOLLHOUSE DRIVE AS RECORDED IN PLAT BOOK 22 PAGES 95 THROUGH 100, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND PART OF TRACT 10 AS RECORDED IN PLAT BOOK 18 PAGE 23 AND 24 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: �1 BEGINNING AT THE SOUTHEAST I PAGE 23 & 24 OF THE PUBLIC ALONG'THE SOUTHERLY LINE0 FEET; THENCE RUN N 00'00'0 N 90'00'00" W A DISTANCE OF 182.40 FEET TO A POINT Qi ALONG THE NORTHERLY LIN FEET TO THE NORTHEAST OF 60.00 FEET TO A P011 N 69' 6'16" E A DISTAN E 0 THE ARC OF A CURVE ONC CENTRAL ANGLE 36'53' 6" DISTANCE OF 15.82 FE ; T N POINT ON A CURVE; T ENC RL THE NORTHWEST HAVIN „A, I BY A CHORD WHICH B S� S 89'56'02" W A DISTA i. 162.04 FEET TO THE F�'UINT OF HAVING AN AREA OF 2.0 �r" I David B. runs' •PLS . • . . Certificate Number 4520 ' OATS MARCH 41 200 BEARING BASED ON CENTER LINE OF BUSH BOULEVARD a9-rM BEINGS 00' 03' 56"E. r '"" MIA. jam""► ORDED IN PLAT BOOK 18 OF COLLIER FLORIDA: THENCE RUNNING :7 fi0 S 89 5fv A DISTANCE OF 122.39 6. THENCE RUN QO '50" W A DISTANCE L CT 10, THENCE RUN :T 1 N 5.1 DISTANCE OF 148.60 T 1 ENC R N, 0'4N58" E A DISTANCE E O TOLLHOUSE DRIVE T H UN 10 FEET ALONG D S O 25.E FEET, A A• S N 71'29'33" E A A 0 22 .17 FEET TO A A URV CONCAVE TO SUBTENDED IS ONT F t�E00", ENCE RUN 162.04 FEET TO THE F�'UINT OF HAVING AN AREA OF 2.0 �r" I David B. runs' •PLS . • . . Certificate Number 4520 ' OATS MARCH 41 200 BEARING BASED ON CENTER LINE OF BUSH BOULEVARD a9-rM BEINGS 00' 03' 56"E. r '"" MIA. jam""► Exclusive Parking Spaces Association (55) � TGN (55) . V, Li I ". 9 - 0 IL — EXHIBIT C-1 0' U-E.Z--- une PHASE I ,r'0 X20' LO'ADING A DUIAPSTER— ENCLOSURE 24' is. 4' 71.8' o 2- STOP BAR A 'TOP SGN (Rl- ...................... - 176-0 r 7'ql Ft' ONCRETE SDEWALK Y�- Nir 10, U.E.""A —SCONCRETE SIDEVAIM-K del LK EAFEUENIT, T FIIKE 809 SF OUTDOOR RACK 51KE AL EMPHASIS COMMUNITY SPACE SPECAL EMPHASIS 5- comcp RACK CROSSWALK (1T WIDE) P (BENCH & TABLE CROSSWALK (10' WIDE} PER SIDEWALK F.[).o.T- INDEX 17245 F-D.O-T. INDEX 17246 ON CONC. PAD) t4 j L DRY DETENTION - T L ----------------------------------------------------- PROPERTY -PR04EGT DATA 7 = 7 -7:5- - —_.--_--------_s — — — — — — — — — — — — — - 21 -OF S 4,59 — — — — — — — — — — — — — — — — — — — — — — — — ----_------'---------- TOTAL tI57 StTE AREA F � 9% S IMPERVIOUS AREA (LESS BUILDING} 112,24 V., --7 EXHIBIT C-1 0' U-E.Z--- une PHASE I ,r'0 X20' LO'ADING A DUIAPSTER— ENCLOSURE 24' is. 4' 71.8' o 2- STOP BAR A 'TOP SGN (Rl- ...................... - 176-0 r 7'ql Ft' ONCRETE SDEWALK Y�- Nir 10, U.E.""A —SCONCRETE SIDEVAIM-K del LK EAFEUENIT, T FIIKE 809 SF OUTDOOR RACK 51KE AL EMPHASIS COMMUNITY SPACE SPECAL EMPHASIS 5- comcp RACK CROSSWALK (1T WIDE) P (BENCH & TABLE CROSSWALK (10' WIDE} PER SIDEWALK F.[).o.T- INDEX 17245 F-D.O-T. INDEX 17246 ON CONC. PAD) t4 j L DRY DETENTION - T L ----------------------------------------------------- PROPERTY -PR04EGT DATA 7 = 7 -7:5- - —_.--_--------_s — — — — — — — — — — — — — - 21 -OF S 4,59 — — — — — — — — — — — — — — — — — — — — — — — — ----_------'---------- TOTAL tI57 StTE AREA F � 9% S IMPERVIOUS AREA (LESS BUILDING} 112,24 EXHIBIT C-2 E2 - - - - - - - - - - *** OR 4992 PG 2593 *** DRY DETENTION ,/ ��• 5' A T EXHIBIT D L ------------------------ ----' ---- ---- �� - p-ER0-E C -T -DATA FAI STAINED PLANS UCH WED FROM ?OF THE REQUIRED FOR THE :TION -2MzDASA----_._----------._ r— TOTAL SITE AREA 200,030 SF 4,59 AC IMPERVIOUS AREA (LESS BUILDING) 112,249 SF; 2.57 AC PERVIOUS AREA (LANDSCAPE AREA/OPEN SPACE) 51,'317 SF` 1,18 AC BUILDING COVERAGE AREA 36,464 SF '` 0.84 AC FRONT SETBACK REQUIRED (EAST, WEST, SOUTH) 25 FT SIDE SETBACK REQUIRED (NORTH) 5 FT REAR SETBACK REQUIRED 25 FT BUILDING SEPARATION REQUIRED (1/2 SUM OF BUILDING. HEIGHT) 38 FT BUILDING SEPARATION PROVIDED 176,0 FT SETBACK,$ PROVIDED BUILDING 7 (NORTH) SIDE SETBACK 61.2 FT BUILDING 7 (EAST) FRONT SETBACK 70.8 FT BUILDING 7 SOUTH) FRONT SETaA-GK ---- -_w 63.7 FT BUILDING 8 NORTH) SIDE ST A �,�' 37.0 FT BUILDING 8 (SOUTH) FRON'fr ACK68.4 FT BUILDING 8 (WEST) FIR ACK 69.6 FT BUILDING HEIGHT ALLOT ED c "ti__ 50 FT BUILDING HEIGHT PRO�VIDE�-1 \ 38f FT OFFICE _e� �/� 36,463 SF RETAIL = f 25,524 SF RETAIL STORAGE (A ED 30% OF RE 10,939 SF TOTAL = 72,926 SF REQUIRED PARKING (`'�,e' OFFICE 1/300 SF 36,463 SF/300 SF 121.5 SPACES RETAIL — 1/250 SF 25,524 SF/250 SF = 102.1 SPACES RETAIL STORAGE — 1/500 SF 10,939 SF/500 SF = 21.9 SPACES TOTAL PARKING SPACES REQUIRED = 246 SPACES (OF THESE, 7 SHALL BE H/C) TOTAL PARKING SPACES PROVIDED = 247 SPACES (INCLUDING 7 H/C) FIRE FLOW CALCULATIONS C = 0.8 (TYPE IV CONSTRUCTION) A = 56,803 SF BF = 18xCxSQRT(A) BF = 18xO.8xSQRT(56,803) = 3,432 GPM HF = 1.00 EF = 1.00 FF = 3,432 GPMx1.00x1.00 = 3,432 GPM @ 20 PSI, REQ'D FF HYDRANT = 2,848 GPM @20 PSI PROVIDED ==> BUILDING WILL BE INTERNALLY SEPARATED BY 4—HR WALLS INITIAL PRINTING- 07/14114 ren I;r7 nisi 100.0% 56.11 25.7% 18.?% ORDINANCE NO. 17- 15 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92-10, AS AMENDED, THE TOLLGATE COMMERCIAL CENTER PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING THE PUD DOCUMENT TO ADD SPECIFIC INSTITUTIONAL USES AS PERMITTED USES ON TRACTS 7, 8 AND 9 OF THE COMMERCIAL USE AREAS, "A" PARCELS, AS SHOWN ON THE PUD MASTER PLAN; BY AMENDING THE PUD DOCUMENT TO ADD SPECIFIC INSTITUTIONAL USES AS PERMITTED USES ON TRACTS 16-20 AND 24-25 OF THE COMMERCIAL/LIGHT INDUSTRIAL USES AREA, "B" PARCELS, AS SHOWN ON THE PUD MASTER PLAN; AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF COLLIER BOULEVARD (CR -951) AND BECK BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PUDA-PL20150002280] WHEREAS, on February 11, 1992, the Board of County Commissioners adopted Ordinance No. 92-10, which established the Tollgate Commercial Center Planned Unit Development (the "Tollgate PUD"); and WHEREAS, on December 14, 1993, the Board of County Commissioners adopted Ordinance No. 93-91, which amended the Tollgate PUD; and WHEREAS, on September 25, 2015, the Board of County Commissioners adopted Ordinance No. 15-49 which further amended the Tollgate PUD; and WHEREAS, Sky Angel Center, LLC and Toll Gate Naples, LLC represented by Robert L. Duane, AICP of Robert L. Duane & Associates and Richard Yovanovich, Esq. of Coleman, Yovanovich & Koestner, P.A. petitioned the Board of County Commissioners to further amend the Tollgate PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to PUD Document. Exhibit "A" to the PUD Document, attached to Ordinance No. 92-1Q, as amended, is hereby amended and replaced with the Exhibit "A" attached hereto and incorporated herein. [16 -CPS -015171171 1 oft Tollgate Commercial Center— PUDA-PL20150002280 3/28/17 SECTION TWO: Effective Date. 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 �'1day of t 12017. t ATTEST: DWIGtIT .'Bk&K; CLERK By : _ ,` Jerk Appr ved as to form and legality: Hei i Ashton-Cicko J Managing Assistant County Attorney BOARD F LINTY COMMISSIONERS COLLIE O TY, FLORID By: PENNY LOR, a' an Attachment: Exhibit A — PUD Document and Master Plan This ordinance filed with the S 4gtary of tote's Office the —day of 4—� and acknowledgern - f that fili,received this day of On ®_y Dep Clrrk [16 -CPS -01517] 171 2 of 2 Tollgate Commercial Center — PUDA-PL20150002280 3/28/17 PLANNED UNIT DEVELOPMENT TOLL GATE COMMERCIAL CENTER PREPARED BY.• RICHARD D. YOVANOVICH COLEMAN, YOVANOVICH & KOESTER, P.A. 4001 TAMIAMI TRAIL NORTH, SUTIE 300 NAPLES, FLORIDA 34103 (239)435-3535 And ROBERTL. DUANE ROBERT L. DUANE & ASSOCIATES, A.LC.P 4880 TAMARIND RIDGE DRIVE, NAPLES, FLORIDA 34119 (239) 353-4167 DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: ORDINANCE NUMBER:_ AMENDMENTS AND REPEAL: Page 1 of 28 Toll Gate Commercial Center PUDA-PL 201500022800rdinance 92-10 Date: 03.22.17 v.l Words stwrk-t4tv"gh are deleted; words hold & underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. TABLE OF CONTENTS LIST OF EXHIBITS AND TABLE STATEMENT OF COMPLIANCE PAGE 3 4 SECTION 1 PROPERTY OWNERSHIP & DESCRIPTION 5-9 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 10-12 SECTION III COMMERCIAL AREAS PLAN FOR PARCEL "A" 13-17 SECTION IV COMMERCIAL/LIGHT INDUSTRIAL AREAS 18-22 FOR PARCEL "B" SECTION V GENERAL DEVELOPMENT COMMITMENTS 23-27 Page 2 of 28 Toll Gate Commercial Center PUDA-PL 201500022800rdinanee 92-10 Date; 03.22.17 v.1 Words struek4kreuo are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD Master Plan TABLE I Schedule of Development Page 3 of 28 Toll Gate Commercial Center PUDA-PL 201500022800rdinance 92-10 Date; 03.22.17 v.l Words struck through are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. STATEMENT OF COMPLIANCE The development of approximately 100.23 acres of property in Collier County and within an Interchange Activity Center, as a Planned Unit Development to be known as Tollgate Commercial Center, will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan and its provisions for Interchange Activity Center development. This compliance includes: Activity Center Project The subject property is located in an area identified as an Interchange Activity Center in the Future Land Use Element (FLUE) of the Growth management Plan for Collier County. Interstate Activity Centers are the preferred locations for the concentration of commercial and mixed use development activities. The subject tract is located on the northeast corner of the intersection of CR -951 and CR -84. This strategic location allows the site superior access for the placement of commercial/industrial activities. The project is in compliance with all applicable County regulations. In addition, the project complies with the Growth Management Plan with the adoption of the Plan amendment which allows for specifically approved heavy business/light industrial uses to be developed in designated interstate activity centers. The project will be served by a complete range of services and utilities as approved by the County. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers and the proposed development standards contained herein. The Planned Unit Development includes open spaces and naturalized open features which serve as project amenities. The project shall be developed in accordance with the approved Master Development Plan and the existing PUD document as approved. In addition, the project shall be developed in accordance with all Collier County regulations in effect at the time of Final SDP or building permit application. Bind the owner's successor in title to any commitments made under in this document. Page 4 of 28 Toll Gate Commercial Center PUDA-PL 201500022800rdinance 92-10 Date: 03.22.17 v.1 Words stfuek through are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. *** indicate break in pages. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Tollgate Commercial Center. 1.2 LEGAL DESCRIPTION Commencing at the southeast corner of Section 35, Township 49 South, Range 26 East, Collier County Florida; thence along the east line of said Section 35 North V - 56' —55" West 200.14 feet to a point on the north right-of-way line of State Road 84 (Alligator Alley); thence along said north right-of-way line, North 89° -45' -01" West 331.23 feet to a point of intersection of said north right-of-way line of State Road 93 (I-75), and the Point of Beginning of the parcel herein described; thence continue along said right-of-way line of State Road 84 (Alligator Alley) on the following five courses: 1) North 89° -45' -01" West 2398.66 feet; 2) South 89° -56' -16" West 1547.43 feet; 3) North 80° -43' -58" West 709.38 feet; 4) North 39° -52' -42" West 209.91 feet; 5) North 10° -24' -33" West 209.94 Feet to a point on the East Limited Access, right -of way line of State Road 93 (I-75); thence continue along said Limited Access, right-of-way line of State 93 (I-75) on the following nine courses: 1) North 3° -19' -52" East 285.34 feet; 2) North 23° -37' -28" East 149.83 feet; 3) North 64° -12' -39" East 149.83 feet; 4) North 86° -37' -01" East 778.54 feet; 5) South 87° -55' -12" East 318.82 feet; 6) South 78° -44' -38" East 318.32 -feet; 7) South 74° -09' -17" East 1199.30 feet; 8) South 73° -00' -33" East 1904.96 feet; 9) southeasterly 233.67 feet along the arc of a circular curve concave to the northeast, having a radius of 116.21 16 feet, subtended by a chord which bears South 75° -35' -07" East 223.67 feet to the north right-of-way line of State Road 84 (Alligator Alley); and the Point of Beginning of the parcel herein described; being a part of south ''/2, Section 35, Township 49 South, Range 26 East, Collier County, Florida; subject to easements and restrictions of records; containing 69.40 acres of land more or less; bearings are based on Florida Department of Transportation right-of-way map for State Road 93 (I-75). Page 5 of 28 Toll Gate Commercial Center PUDA-PL 201500022800rdinance 92-10 Date: 03.22,17 v.l Words struelt through are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. ALSO INCLUDING THE FOLLOWING: Description of part of Section 35, Township 49 South, Range 26 East, and part of Section 2, Township 50 South, Range 26 East, Collier County, Florida COMMENCE at an iron pipe marking the Northeast Corner of said Section 2; thence North 891 45' 01" West, 337.83 feet along the North line of said Section 2 for a POINT OF BEGINNING; thence South 00° 02' 19" East, 59.98 feet; thence South 89° 57' 41" West, 2,300.70 feet; thence on a course traversing from said Section 35, South 89° 56' 02" West, 2,448.74 feet; thence North 45° 46' 16" West, 71.58 feet; thence North 01' 28' 34" West, 705.25 feet to the Easterly Limited Access R/W Line of S.R. 951 (Section 03175-2409); thence South 10° 24' 33" East, 209.94 feet; thence South 39° 52' 42" East, 209.91 feet; thence South 80° 43" 58" East, 709.38 feet; thence North 89'56' 16" East, 1,547.43 feet; thence South 89'45' 01" East, 2,396.67 feet to the Southerly Existing Limited Access R/W Line of S.R. 93 (03175-2409); thence South 00° 02' 19" East, 200.00 feet to the POINT OF BEGINNING. Less and except the East 100.00 feet thereof. Containing 30.835 acres, more or less. The entire project area is 100.235 acres. Number of acres devoted to various categories of land use: Development area 70.72 Water management area 17.84 Road Right -of -Way 6.7 F.P.L Easement 4.98 GENERAL LOCATION OF PROJECT SITE Tollgate Commercial Center is located in the southeast quadrant of the Interstate I-75/CR-951 interchange, approximately five miles east of the Naples Airport at the eastern terminus of Davis Boulevard (SR 84). 1.3 PROPERTY OWNERSHIP Geffl et-eial Ce ;a Florida Genefal Pat4fiefs The ownership of this property on April 25th, 2017 is Toll Gate Naples LLC, and Sky Aneel Center LLC. Page 6 of 28 Toll Gate Commercial Center PUDA-PL 20150002280ordinance 92-10 Date: 03,22.17 v. Words �ledgh are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted, *** Indicate break in pages. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. COMPREHENSIVE PLAN DESIGNATION: The project site is designated Interstate Activity Center on the Collier County Growth Management Plan. B. CURRENT ZONING: The project site is currently zoned PUD. C. EXISTING LAND USE: At the present time the site is unoccupied except for a 104 room motel. D. ADJACENT LAND USE: The adjacent lands are predominately vacant at the present time. The northwest and southwest corners of CR 951 and SR 84 are presently used as gasoline service stations. The properties north of the I-75 right-of-way and the properties south of CR 84 are vacant. 1.5 PHYSICAL DESCRIPTION The elevation of the project site varies form 9.8 feet to 11.6 feet. Tollgate Commercial Center lies within Zone X as identified on the Federal Flood Insurance Rate Map. Zone X is identified as those areas between limits of the 100 -year flood and 500 -year flood. This means that no development will be occurring within the 100 -year flood prone area. A. SOILS: There are three types of soil cover on the project site. They are Arzell fine sands, Keri fine sands and Pompano fine sands. The distribution of these soil types is shown in Map E. B. VEGETATIVE COVER: A breakdown of the vegetative cover of the project area is as follows: VEGETATION COMMUNITY ACREAGE Pineland I.00 Saw Palmetto/Rusty Lyonia 4.21 Transitional Zone/Cypress 29.40 Functional Wetland 9.40 Cabbage Palm Heads .30 Improved/Platted 30.67 Cleared/Filled Unplatted Former R/W 21.66 F.P.L. R/W 3.60 TOTAL 100.24 Page 7 of 28 Toll Gate Commercial Center PUDA-PL 201500022800rdinance 92-10 Date; 03.22.17 v.l Words struek through are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. *"• Indicate break in pages. There are no unique features of the vegetation. All species and associations are "typical" for soil types common to pine flatwoods of level sandy areas of Collier County. C. WILDLIFE: Wildlife, observed or noted from tracks, nests, etc. consisted of the representative species, such as raccoon, snakes and wading birds, which normally occur in a habitat such as the Tollgate Commercial Center site. No endangered or threatened species were observed on the site. D. HISTORICAL OR ARCHAEOLOGICAL SITES: John Beriault, Field Representative of the S.W. Florida Archaeological Society, searched for such sites and believes none exist on the tract. E. WASTEWATER MANAGEMENT: Waste water treatment is being provided by the Collier County Sewage Treatment System. Temporary on-site wastewater treatment facilities for which all necessary permits have been granted may be installed during any period of time in which sewage treatment service is not available from Collier County. F. WATER MANAGEMENT: The Water Management Plan provides for site runoff transport to a system of hardwood forest, marsh, and open water ponds. The Water Management Plan is designed to meet SFWMD and County criteria. Minimum road elevations and discharge control will be designed for the 25 -year, 3- day rainfall event. The finished floor elevations will be established by the 100 year -zero discharge design event. G. WATER SUPPLY: Potable water is being supplied by the Collier County Water - Sewer District. Non -potable water utilized for landscape irrigation and other non -human consumptive uses will be procured from on-site wells, or from the County treated sewage effluent distribution system. H. SOLID WASTE: Solid waste is being disposed of at the Collier County Sanitary Landfill. Collection is provided by Waste Management of Collier County, a franchised hauler. 1. ELECTRICITY: Electricity is being provided by the Florida Power & Light Company, Inc. J. POLICE PROTECTION: Police protection is provided by the Collier County Sheriff Department. Page 8 of 28 Toll Gate Commercial Center PUDA-Pl, 201500022800rdinance 92-10 Date: 03.22.17v.1 Words store# through are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. "*° indicate break in pages. K. FIRE PROTECTION: Fire protection is provided by the Golden Gate Fire. Control and Rescue District. L. TELEPHONE: Telephone service is provided by United Telephone of Florida. Page 9 of 28 Toll Gate Commercial Center PUDA-PL 20150002280 Ordinance 92-10 Date. 03.22.17 v.l Words struekthrough are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally described the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations, requirements and references for development of Tollgate Commercial Center shall be in accordance with the contents of this document. Where these regulations fail to provide development standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development. Code. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Tollgate Commercial Center shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through variance or waiver provisions within the PUD, those applicable regulations not otherwise provided for in this PUD remain in full force and effect. E. Each tract, as identified on the Master Plan, shall require the submittal, review and subsequent approval of a Site Development Plan prior to the issuance of a Final Local Development Order. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Development Plan. SCHEDULE OF DEVELOPMENT Project development is underway and will continue to build -out. Page 10 of 28 Toll Gate Commercial Center PLIDA-PL 201500022800rdinance 92-10 Date: 03.22.17 v.l Words ctraeifthreagh are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. The following schedule indicates the anticipated start and completion dates for the various project development Phases. Phase boundaries are indicated on the Master Development Plan. TABLE I % OF PHASE ACREAGE SITE START COMPLETE I 54.51 II 26.44 III 19.29 TOTALS 100.24 54.4 1988 1993 26.4 1992 1995 19.2 1993 1996 11 t A. Table I is a schedule of Development, with the approximate acreage of the total project indicated. The arrangement of these land areas are shown on the PUD Master Development Plan (Exhibit "A"). The Master Development Plan is an illustrative preliminary development plan. Design criteria and layout is illustrative on the Master Development Plan and other exhibits supporting this project. It shall be understood that these exhibits are to remain flexible so the final design may satisfy development objectives and be consistent with the project development, as set forth in this document. Minor changes to the master plan shall be subject to the provisions of Section Division 2 '' Aftiele 2 10.02.13.E. - Planned Unit Development (PUD) Procedures of the Collier County Land Development Code. The final size of the open space lands will depend on the actual requirements for drive patterns, parking layout and requirements, and development parcel size and configuration. B. In addition to the various areas and specific items shown in Exhibit "A", such utility and other easements as are necessary shall be established within or along the various tracts. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, and the Collier County Land Development Code. B. Exhibit "A', PUD Master Development Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if Page 11 of 28 Toll Gate Commercial Center PUDA-PL 201500022800rdinance 92-10 Date: 03.22.17 v.1 Words straekihrofth are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. applicable, shall be submitted for any area to be subdivided. Any division of property and the development of the land shall be in compliance with the Collier County Land Development Code and the platting laws of the State of Florida. C. The development of any tract or parcel contemplating fee simple ownership of land shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with tile- e ent�-efl k�ls�e . 3 r.?, At4ieie 3, Section 10.02.04. - Requirements for Preliminary and Final Subdivision Plats of the Collier County Land Development Code, prior to the submittal of construction plans and plat for any portion of the tract or parcel. D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. C. The developer or subsequent owner of any platted parcel or platted tract shall, prior to application for a building permit, submit a Site Development Plan (SDP) or Preliminary Subdivision Plat for the tract or parcel to the Development Services Department for approval for applicable development subject to the provisions of Division 3 3 ^ ffiele 3 of the Collier County Land Development Code. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5.1, Division' 7 ^ rtiele 2 10.02.13.E. - Planned Unit Development (PUD) Procedures of the Collier County Land Development Code. 2.6 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL As provided for within Section 2a.3:4, Diwssiefi 2.7, Ar iuie--2- 10.02.13.D. - Planned Unit Development (PUD) Procedures of the Collier County Land Development Code. 2.7 POLLING PLACES As provided for in Section 3.2,8.3.1 4, Division 3.2, A i4iele 3 2.01.04- Polling Places of the Collier County Land Development Code. 2.8 PUD MONITORING An annual monitoring report shall be submitted pursuant to Section 2.7.3.6, Di'yisien 2 7 ^ .bolo 2- 10.02.13.F. - Planned Unit Development (PUD) Procedures of the Collier County Land Development Code. Page 12 of 28 Toll Gate Commercial Center PL1DA-PL. 201500022800rdinance 92-10 Date: 03,22,17v.1 Words &"ek through are deleted; words bold & underlined are added, All distances are in feet unless otherwise noted. *** Indicate break in pages. SECTION III COMMERCIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify the type of Commercial Uses and development standards that will be applied to the areas so designated on Exhibit "A", as "A" Parcels. 3.2 DEVELOPMENT INTENT FOR PARCEL "A" It the intent of this document that "A" designated development parcels be used for commercial purposes which serve the motoring public using Interstate I-75 as well as providing limited commercial goods and services of an area -wide nature for the Naples, Marco Island, Golden Gate and the Immokalee urban areas. Further it is the intent of this document that "A" designated development parcels shall be used in accordance with all current Federal, State and County regulations in effect at the time final local development orders are issued except as specified otherwise in this document by the Collier County Board of County Commissioners. 3.3 COMMERCIAL USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses No building or structure, or part thereof, shall be erected, altered or used or land or water used, in whole or in part, for other than the following: (a) Automobile service stations including engine tune-ups and minor repairs, and car wash facilities which are accessory uses. (b) Banks and financial institutions, business and professional offices. (c) Cocktail lounges and commercial entertainment. (d) Convention and exhibition halls. (e) Department stores; drug stores; dry cleaning shops and dry goods stores. Page 13 of 28 Toll Gate Commercial Center Pl1DA-PL 201500022800rdinance 92-10 Date: 03.22.17v.1 Words strue# through are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. (f) Electronic games and furniture sales. (g) Ice cream shops and dairy drive-in stores. (h) Motels; hotels and other transient lodging facilities. (i) Research and design labs; restaurants and fast food restaurants. 0) Shopping centers. (k) Souvenir stores and stationery stores. (1) Supermarkets (m) Variety stores; vehicle rental -automobile and U -haul type of vehicles and equipment including outside display; veterinary offices and clinics; no outside kenneling. (n) Any other commercial or professional service which is comparable in nature with the foregoing uses and which the Planning Implementation Director determines to be compatible in the district. B. Permitted Accessory Uses and Structures (a) Any accessory uses or structures customarily associated with the permitted principal uses and structures. (b) Caretakers residence. C. Permitted Provisional Uses and Structures (a) Car wash facilities which are principal uses. (b) Permitted uses with less than one thousand (1,000) square feet gross floor area in the principal structure. Page 14 of 28 Toll Gate Commercial Center PL DA -PL 201500022800rdina nce 92-10 Date: 03.22.17 v.l Words struek lhreugh are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. ` Indicate break in pages. 3.3.1. Institutional Uses Permitted A. Uses permitted In addition to the uses set forth in Section 3.3., the following principal uses are permitted on the property described on Tracts 7, 8, 9, on the PUD Master Plan Exhibit A. -Amusements and Recreational Services, Not Elsewhere Classified (SIC Code 7999): limited to: - Gymnastics, Instruction, Judo Instruction, Karate Instruction, Yoga Instruction, Scuba and Skin Diving Instruction, and Day Camps. -Business Associations (SIC Code 8611) -Child Daycare Services (SIC Code 8351) -Civil and Fraternal Organizations (SIC Code 8641) -Dance Studios and Schools (SIC Code 7911) -Job Training and Vocational Rehabilitation Services (SIC Code 8331) -Physical Fitness Facilities (SIC Code 7991) -Professional Membership Organizations (SIC Code 8621) -Religious Organizations (SIC Code 8661) -Social Services (SIC Code 8322) : Excluding: Alcoholism Counseling, Non -Residential Except Medical Treatment, Offender Rehabilitation Agencies, Parole Offices, Probation Offices, and Offender self-help agencies. B. Permitted Accessory Uses and Structures. (a) Any accessory uses or structures customarily associated with the permitted principal uses and structures. 3.4 DEVELOPMENT STANDARDS (1) Minimum Lot Area: Ten thousand (10,000) square feet. (2) Minimum Lot Width: One hundred (100) feet as measured at the front building setback line. (3) Minimum Yard Requirements: (a) Front Yard — Twenty-five (25) feet plus one (1) foot for each two (2) feet of building height over fifty (50) feet. (b) Side Yard — None or a minimum of five (5) feet with unobstructed passage from front to rear yard for non-residential uses. Fifteen (15) feet for motels, hotels and Page 15 of 28 Toll Gate Commercial Center PUDA-PL 201500022800rdinance 92-10 Date: 03.22.17 v.1 Words stpo&44f000 are deleted; words bold & underlined arc added. All distances are in feet unless otherwise noted. *** Indicate break in pages. transient lodging facilities plus one (1) foot for each two (2) feet of building height over fifty (50) feet. (c) Rear Yard — Twenty-five (25) feet. (d) Waterfront — Twenty-five (25) feet from the normal water line of any artificially created body of water, excluding observation decks, bridges and walkways. (4) Maximum Height: One hundred (100) feet. (5) Minimum Floor Area of Principal Structure: One thousand (1,000) square feet per building on the ground floor, except that gasoline service stations and other permitted areas for which the principal activity does not occur in a structure shall not require a minimum floor area. (6) Maximum Density: Twenty-six (26) units per gross acre of land for hotels, motels or transient lodging facilities. (7) Distance between Principal Structures on same Site: one-half the sum of the heights. (8) Signs: As required by Division 2.5 Section 5.06.00 — SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSSIFICATION of the Land Development Code. (9) Minimum Off -Street Parking and Off -Street Loading Requirements: As required by Divisien 24 Section 4.05.00 of the Collier County Land Development Code. (10) Minimum Landscaping Requirements: a. Landscape buffer width requirement adjacent to CR -84 and CR -951: CR -84, 5 feet and CR -951, 10 feet Tyne D Buffer with the landscape installation requirements set forth in the Land Development Code Section 2.4.7." altomeAive n 4.06.02.C.4. Landscape buffer width requirement adjacent to interior platted streets: 5 feet with Tyne A Buffer pursuant to the Land Development Code Section 4.06.02.C.1. C. Landscape buffer width requirement adjacent to side lot lines, 5 feet for lots which are independently developed with discreet off street parking and drive systems: none for lots which are developed with an off street parking and drive systems which are planned to extend across one or more side lot lines so as to serve in common the adjoining lot(s). All landscaping requirements of DiAsien 2.4 Section 4.06.00 - Landscaping, Buffering, and Vegetation Retention of the Land Development Code not in conflict with a, b, and c shall be applicable. Page 16 of 28 Toll Gate Commercial Center PUDA-PL, 201500022800rdinance 92-10 Date: 03.22.17 v.l Words s4weU4hreu0 are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. e. Landscape buffer plans shall be incorporated in SDP applications for each individual development site. (1 1) Outside Merchandise Storage and displaying: Unless specifically authorized by this PUD documents or by an approved Site Development Plan, outside storage or display of merchandise is prohibited. 12 Uses set forth in Section 3.3.1, shall meet the standards of the "Activity Center #9 overlay in the Future Land Use Element of the Growth Management Plan." Existing buildings and structures, as shown on an SDP approved before the date of adoption of this Ordinance, may remain as non -conforming until redevelopment Page 17 of 28 Toil Gate Commercial Center PUDA-PL 201500022800rdinancc 92-10 Date: 03,22.17 v.I Words sfwe"trevo are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. SECTION IV COMMERCIAL/LIGHT INDUSTRIAL USES 4.1 PURPOSE The purpose of this Section is to identify the type of Commercial/Industrial Uses and development standards that will be applied to the areas designated on Exhibit "A" as "B" Parcels. 4.2 DEVELOPMENT INTENT FOR PARCEL "B" It is the intent of this document that "B" designated development parcels by -be used for both "A" designated uses and for the sale, service, transportation, storage and distribution of goods and service to the traveling public on I-75 and to the citizens of the area which can be served via the access road systems. A major function of these parcels is to serve as a focal point for the arrival of goods from other points of the region and country and then be processed for distribution to the local trade market. It is intended that inside storage and warehousing along with limited assembly and manufacturing wholly within a building and not obnoxious by reason of emission of odor, fumes, dust, smoke, noise or vibration be permitted. Further, it is the intent of this document that "B" designated Parcels be used in accordance with all of the current Federal, State and County regulations in effect at the time final local development orders are issued except as specified otherwise in this document or as may be approved otherwise by the Collier County Board of Commissioners. 4.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part of other than the following: A. Principal Uses: (a) Any principal use or structure permitted on "A" designated development parcels. (b) Assembly operations in an enclosed building. Page 18 of 28 Toll Gate Commercial Center Pt1DA-PL 201500022800rdinance 92-10 Date: 03.22,17v.1 Words struek through are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. (c) Building supplies and contractors storage facilities; bulk storage yards not including junk or salvage yards. (d) Car wash, communications service and equipment repair. (e) Freight movers and storage. (fl Laboratories, research, design and testing; laundries; lawn maintenance shops and plant nurseries; light manufacturing or processing (include food processing but not abattoir; packaging or fabricating in a completely enclosed building). (g) Miscellaneous uses such as express office; telephone exchange; motor or bus or truck or other transportation terminal and related uses; motorcycle sales, service and repair; museums and tourist attractions. (h) New and used car sales, service and repair including outside display. (i) Offices, general purpose. (j) Warehousing, wholesaling, storage and distributing establishments and similar uses. (k) Any other commercial or professional use which is comparable in nature with the foregoing uses and which the Planning Implementation Director determines to be compatible in the district. B. Permitted Accessory Uses and Structures: (1) Any accessory use or structure customarily associated with the permitted uses and structures. C. Permitted Provisional Uses and Structures: (1) Attached residence in conjunction with a business — one (1) per business. (2) Permitted use with less than 1,000 square feet gross floor areas in the principal building. Page 19 of 28 Toll Gate Commercial Center PUDA-PL 201500022800rdinance 92-10 Date: 03.22.17 v.l Words struek thireugh are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. 4.3.1. Institutional Uses Permitted A. Uses permitted In addition to the uses set forth in Section 4.3., the following principal uses are permitted on Tracts 16-20, and 24-25 on the PUD Master Plan Exhibit A. -Amusements and Recreational Services Not Elsewhere Classified (SIC Code 7999)• limited to: - Gymnastics, Instruction, Judo Instruction, Karate Instruction, Yoga Instruction, Scuba and Skin Divine Instruction, and Day Camps -Business Associations (SIC Code 8611) -Child Daycare Services (SIC Code 8351) -Civil and Fraternal Organizations (SIC Code 8641) -Dance Studios and Schools (SIC Code 7911) -Job Training and Vocational Rehabilitation Services (SIC Code 8331) -Physical Fitness Facilities (SIC Code 7991) -Professional Membership Organizations (SIC Code 8621) -Religious Organizations (SIC Code 8661) -Social Services (SIC Code 8322) : Excluding: Alcoholism Counseling, Non -Residential Except Medical Treatment, Offender Rehabilitation Agencies, Parole Offices, Probation Offices, and Offender self-help agencies. B. Permitted Accessory Uses and Structures. (a) Any accessory uses or structures customarily associated with the permitted principal uses and structures. 4.4 DEVELOPMENT STANDARDS (1) Minimum Lot Area: Ten thousand (10,000) square feet. (2) Minimum Lot Width: One hundred (100) feet as measured at the front building setback line. (3) Minimum Yard Requirements: (a) Front Yard — Twenty-five (25) feet. (b) Side Yard — None, or a minimum of five (5) feet with unobstructed passage from front to rear yard for non-residential uses. Fifteen (15) feet for hotels, motels and transient lodging facilities plus one (1) foot for each two (2) feet of building height over fifty (50) feet. Attached residences shall be treated as non-residential. Page 20 of 28 Toll Gate Commercial Center PUDA-PL 201500022800rdinance 92-10 Date: 03.22,17 v.l Words str-uek threugh are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. (c) Rear Yard — Twenty-five (25) feet. (d) Waterfront — Twenty-five (25) feet from the normal level of any artificially created body of water, excluding observation decks, bridges and walkways. (4) Maximum Height: One hundred (100) feet. (5) Minimum Floor Area of Principal Structure: One thousand (1,000) square feet per building on ground floor, except that gasoline service stations and other permitted uses for which the principal activity does not occur in a structure shall not require a minimum floor area. (6) Maximum Density: Twenty-six (26) units per gross acre of land for hotel, motel and transient lodging facilities. (7) Distance between Structures: One-half the sum of the heights. (8) Signs: As required by Division 2.5 Section 5.06.00 of the Collier County Land Development Code. (9) Minimum Off -Street Parking and Off -Street Loading Requirements: As required by Qliyisien 24 Section 4.05.00 Off -Street Parkins? and Loading of the Collier County Land Development Code. (10) Minimum Landscaping Requirements: a. Landscape buffer width requirement adjacent to CR-84 and CR-951: CR-84, 5 feet and CR-951, 10 feet Type D Buffer with the landscape installation requirements set forth in the Land Development Code Sectionr-motive D_ 4.06.02.C.4 b. Landscape buffer width requirement adjacent to interior platted streets: 5 feet with Type A Buffer pursuant to the Land Development Code Section 4.06.02.C.1. c. Landscape buffer width requirement adjacent to side lot lines, 5 feet for lots which are independently developed with discreet off street parking and drive systems: none for lots which are developed with an off street parking and drive systems which are planned to extend across one or more side lot lines so as to serve in common the adjoining lot(s), d. All landscape requirements of Div44efi--24 Section 4.06.00 Landscape, Buffering, and Vegetation Retention of the Land Development Code not in conflict with a, b, and c shall be applicable. Page 21 of 28 Toll Gate Commercial Center PU➢A-PL 201500022800rdinance 92-10 Date: 03.22.17v.1 Words sure{ through are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. *** Indicate breakin pages. e. Landscape buffer plans shall be incorporated in SDP applications for each individual development site. (11) Merchandise Storage and Display: Unless specifically authorized by this PUD documents or an approve Site Development Plan, or of a nature which is permitted generally, outside storage or display or merchandise is prohibited. 12 Uses set forth in Section 4.3.1, shall meet the standards of the "Activity Center #9 overlay in the Future Land Use Element of the Growth Management Plan." Existing buildings and structures, as shown on an SDP approved before the date of adoption of this Ordinance, may remain as non -conforming until redevelopment. Page 22 of 28 Toll Gate Commercial Center PUDA-PL 201500022800rdinance 92-10 Date: 03.22.17v.] Words struck threugh are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the standards for the development of the project. 5.2 PUD MASTER PLAN A. The PUD Master Plan is an illustrative preliminary development plan, B. The design criteria and layout illustrated in the Master Development Plan shall be interpreted as preliminary and understood to be flexible so that the final design may best satisfy the project and comply with all applicable requirements. Minor design changes shall be permitted subject to Staff approval. C. All necessary easements, dedication, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. D. Overall site design shall be harmonious in terms of landscaping, enclosure of structure, locations of all improved facilities and location and treatment of buffer areas. 5.3 ENGINEERING A. The developer and all subsequent petitioners are hereby placed on notice that they shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site. This includes, but is not limited to, Preliminary Subdivision Plats, Site Development Plans and any other application that will result in the issuance of a final or final local development order. B. The project shall be platted in accordance with the Gellier-4--ounty Subdivision Code Section 10.02.04 - Requirements for Preliminary and Final Subdivision Plats to define the right-of-way, tracts, and water management areas as shown on the master plan. C. Landscaping shall not be placed within the water management areas unless specifically approved by project Review Services. D. Provide a landscape buffer along the entire southern property line in accordance with Section with Section 3.4 (10) and 4.4 (10) of this PUD. Page 23 of 28 Toll Gate Commercial Center PUDA-PL 201500022800rdinsnce 92-10 Date: 03.22.17v.1 Words struekthrough are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. E. Should the South Florida Water Management District, during its permit review process, require a natural vegetative buffer be created between the lots and any jurisdictional wetland Preserve and/or Conservation tract, the buffer shall not be located within the boundaries of the lot(s) unless otherwise waived by the South Florida Water Management District. It shall be created as a separate platted tract or as a buffer Easement over an expanded limit of the Preserve tracts, which would be dedicated as Preserve/Drainage tracts, to include the buffer within the Preserve tract. If the buffer is located within a separate tract, that tract shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities and if necessary, to Collier County with no responsibility for maintenance. All Preserve buffer easements or buffer tracts shall be created in conformance with the provisions of Chapter 704.06, Florida Statutes. F. Land Development Code, Section 3.2-5:4.1Er6 6.06.01 -- Street System Requirements Dead end streets maximum length not to exceed 1,000 feet: Waived to a maximum length of 1,050 feet. G. Land Development Regulations, Section 3.2.8.4.16 6.06.01 — Street System Requirements— All local streets within commercial subdivision shall be designed according to the typical section for collector streets contained in the County Standards. Waived subject to right-of-way and other dimension requirements for the roads to meet local street standards and the pavements structure to meet collector standards. H. Land Development Code, Section 3•�� 6.01.02 — Easements: Utility easements will be provided as needed with Collier County utility easements (C.U,E.) at a minimum of fifteen (15) feet. Land Development Code, Section 3.2.8.3,17 .06.02 — Sidewalks, Bike Lane and Pathways Requirements. Not waived since existing phase already has sidewalks and it will maintain the continuity for pedestrian's access purposes. 5.4 UTILITIES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with "lief Collier County Code of Laws and Ordinances Chanter 134 Utilities, Section 134-47. Policies and Standards, as amended, and. other applicable County rules and regulations. Page 24 of 28 Toll Gate Commercial Center PUDA-PL 201500022800rdinance 92-10 Date: 03.22.17 v.l Words sire -it-- oegh are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The on-site water distribution system to serve the project must be connected to the existing water main on Tollhouse Drive and/or CR -84 rights-of-way consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, dead end mains shall be eliminated by looping the internal pipeline network. D. The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The Developer's Engineer shall meet with the County Staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's sewer master plan. E. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. F. The existing off-site sewage transmission facilities of the district must be evaluated for hydraulic capacity to serve this project improved as required outside the project boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 5.5 WATER MANAGEMENT AND ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. B. Work within Collier County right-of-way shall meet the requirements of Collier County Right-ef— a Ordinance No. 82 91 03-37, as amended. C. An Excavation Permit will be required for the proposed lakes(s) in accordance with Collier County Code of Laws Page 25 of 28 Toll Gate Commercial Center PLJDA-PL 201500022800rdinance 92-10 Date: 03.22.17 v.l Words Neagh are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. and Ordinances Chapter 22 Article IV, Excavation. The standards related to depths may be modified in accordance with DER DEP and ASF USACE permits. D. Each building site will be required to provide a minimum '/2 inch of dry pre-treatment on site, unless otherwise waived by South Florida Water Management District. 5.6 ENVIRONMENTAL A. All jurisdictional wetlands and mitigation areas on-site shall be designated as conservation/preserve tracts or easements on all construction plans and shall be recorded on the plat with protective covenants similar to or as per Chapter 704.06 of the Florida Statutes. B. In the case of mitigation off-site any purchase must be within the Conservation and Recreational Lands (CARL) or the Corkscrew Regional Ecological Watershed Lands (CREW) or other areas approved for mitigation by the Florida Department of Environmental Regulation. The ultimate transfer of deed(s) of land(s) to Florida Department of Natural Resources, Division of State Lands must occur prior to final construction plan/plat approvals. C. Control structures on-site shall be constructed in accordance with State and Federal permits. 5.7 WATER MANAGEMENT A. Detailed paving, grading, and site drainage plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. C. An Excavation Permit will be required for the proposed lake(s) in accordance with Division Mede Collier County Code of Laws and Ordinances Chapter 22, Article N, Excavation. The standards related to depths may be modified in accordance with DER DEP and AGOB USACE permits. D. A copy of SFWMD Permit or Early Work Permit is required prior to construction plan approval. E. Each building site will be required to provide a minimum t/2 inch of dry pre-treatment on- site, unless otherwise waived by South Florida Water Management District. Page 26 of 28 Toll Gate Commercial Center PUDA-PL 201500022800rdinance 92-10 Date: 03.22.17 v.l Words struek-through are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. ""* Indicate break in pages. 5.8 TRANSPORTATION A. The final location of major access points along Davis Boulevard shall be determined during the approval of the Final Subdivision Plat or Site Development Plan Such major access points shall provide primary access and internal road circulation and shall typically include turn land improvements based on projected traffic conditions. Secondary access points between Davis Boulevard and individual parcels shall be prohibited unless approved consistent with the Final Subdivision Plat as may be amended and with the following access control criteria: 1. safety 2. proper geometric design 3. effects on the capacity of Davis Boulevard 4. traffic volumes using the proposed access point 5. other roadways providing access to the site 6. the combined effect of access to any and all tracts both within this PUD and adjacent PUD's 7. spacing of access points Collier County reserves the right to close any approved secondary access to and from Davis Boulevard should it at any time be found to create a traffic hazard or to adversely affect the capacity or level of service of that roadway. B, The road impact fee shall be as set forth in Collier County Code of Laws and Ordinances Chapter 74, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. C. Access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. D. All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices asfegrire 4744er-id tutes. Page 27 of 28 Toll Gate Commercial Center PUDA-PL 201500022800rdinance 92-10 Date: 03.22.17 v.l Words strue#+hrough are deleted; words bold & underlined are added. All distances are in feet unless otherwise noted. *"• Indicate break in pages. R/w UNE n "A„ � „g,r CD PARCELS I PARCELS CP s ` � FORESTED WETLANDS L PO\D nR ia.fCl PHASE III p ty ACRES raaR rax,. -T raxcT taxer NOTE: WAND "Ir PARCELS WH.L PROVIDE GOODS AND SERVICES TO MOTORISTS AND AREA RESIDENTS. ADDITIONALLY. 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