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Backup Documents 03/28/2019 COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS MARCH 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 WANED 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 salon (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 HEX [[] � 17 March 28, 2019 ��rGC8-P��17�8pt��t��[�Ur[�' �n[� February 26, 2019 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on March 8, 2019 and furnish proof of publication to the attention of John Kelly, Planner in the Growth Management Department, Zoning Division. Zoning Services Section, 2800 North Horseshoe Drive, Napheo, Florida 34104. The advertisement must baa 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point T:1e advertisement BF placed lm that pmrtioo newwpm )or 3dvorttsmmentoappear. Please reference the tollowin. on ALL Invoices; DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500190187 Account Number: 076397 .y , Authorz'ed Designee signature for HEX Advertising pL20170003317 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M.,March 28,2019, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104, to consider: 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 (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida a 1 t$ _1 8 . f_411111IL lTT_ T....- I 1,1 511111111111111 1 .iris w . .c Illi, 1-7111111C---Ff m _ "s L C I '74tel\ Y Martha S. Vergara From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Tuesday, February 26, 2019 4:06 PM To: CasanovaAlexandra; Minutes and Records Cc: SmithCamden; VelascoJessica; kelly�j Subject: RE: Ad request for your review - PL20170003317 - Beraca Church This ad request is good. -Wanda. 'Rodriguez, .. .CT, CP3v1 Office of the County Attorney (239) 252-8400 From: CasanovaAlexandra Sent:Tuesday, February 26, 2019 2:38 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; BellowsRay<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>;JorgeShayra <Shayra.Jorge@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; KendallMarcia <Marcia.Kendall@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; Kellylohn <John.Kelly@colliercountyfl.gov> Subject:Ad request for your review- PL20170003317 - Beraca Church Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, 14lexawditti4 ea:144004 Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra_casanova(c collieVrcountvf.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. Coier o nt" Exceeding Expectations 1 Acct #076397 February 27, 2019 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: CU-PL20170003317, Beraca Baptist Church, Inc. (Display Ad w/map) Dear Legals: Please advertise the above referenced notice on Friday, March 8, 2019 (display ad w/map), and kindly send the Affidavit of Publication, in triplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500190197 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M.,March 28,2019,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: 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 (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida V_V_ ;,:llllli` 11111 11111111 1 _ 14P till nAlli,'" ,1111111 -'il.p �a i El \ II .� SII g I Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, February 27, 2019 11:27 AM To: Naples Daily News Legals Subject: CY-PL20170003317 Beraca Baptist Church, Inc. Attachments: CU-PL20170003317 Beraca Baptist Church, Inc. (HEX 3-28-19).doc; CU-PL20170003317 Beraca Baptist Church, Inc. (HEX 3-28-19).docx; CU-PL20170003317 Beraca Baptist Church, Inc. (HEX 3-28-19).pdf Hello, Please advertise the following attached ad Friday, March 8, 2019 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, PlowthayVer, tiMR S&me' re Clerk/ MI/nate*Er Record4iDept Clerk.of the Circuit Co- t Er V caw/A diu4trne.nt'Bove& Office,: (239) 252-7240 Fax,: (239) 252-8408 E.pnijl maethai.veirga,r colliercieriv.co-wv 1 Martha S. Vergara From: NDN-Legals <legals@naplesnews.com> Sent: Wednesday, February 27, 2019 4:58 PM To: Martha S. Vergara Subject: RE: CY-PL20170003317 Beraca Baptist Church, Inc. 2241210 Attachments: N D-2241210.pdf ExternalMessage: Please use caution when opening attachments, clicking links, or replying to this message. Attached is your proof. From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent: Wednesday, February 27, 2019 11:27 AM To: NDN-Legals<legals@naplesnews.com> Subject: CY-PL20170003317 Beraca Baptist Church, Inc. Hello, Please advertise the following attached ad Friday, March 8, 2019 (display ad wimaP). Please forward an ok when received, if you have any questions feel free to call me. Thanks, a. rw c BMR S C iv .t Dept: Clerk/ C CrakiLt Co-art Er Vcatte,A djustrnentBovwdi O : (239) 252-7 240 F (239) 252-8408 E- Vii.` rn ver r;, cc@ a Please visit us on the web at http://protect-us.mimecast,com/s/uDxGCn5mErS7Q58JyS91mUj?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk(Ocollierclerk.corn quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,March 28,2019,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104, to consider: 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 — — .w.b.•.cw.1Y� L- - V =i`— — _ PROJECT \ Ll✓a.cT tl _ _ — 3 LOCATION : IJ �— —Lak..Treb.RD, Lok4 T\IbN RD La4eTrebrE''° L ,'TrabN'RD-- 5 SES 0asn 57W a • r Bua^STE —NC • l All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division. Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered.Any person who decides to appeal any 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 to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida RD-2241210 0 PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:2/27/2019 4:45 PM SALES PERSON: Gloria Kennedy PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:03/08/19 ND-2241210.INDD SIZE:3 col X 9.25 in Martha S. Vergara From: Martha S. Vergara Sent: Thursday, February 28, 2019 8:12 AM To: RodriguezWanda; CasanovaAlexandra; Velascolessica; kelly_j Subject: CU-PL20170003317 Beraca Baptist Church Attachments: N D-2241210.pdf Morning All, Attached is the ad proof for the referenced above. Let me know of any changes needed. Martha Martha Vergara Senior Deputy Clerk .�` Office: 239-252-7240 '� � ` ' Fax: 239-252-8408 E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County r r 3329 Tamiami Trail E, Suite#401 (04,NINNaples, FL 34112 www.CollierClerk.com Martha S. Vergara From: KeUy]ohn <]ohn.Ke|k/@co||iercountvf.gnvx Sent: Thursday, February 28, 2019 10:47 AM To: K4arthaS. Vergara; RodriguezVVanda; [usanovaA|exandra; Ve|ascoJessica Subject: RE: [U'PL201700OJ317Beraca Baptist Church Good morning Martha, The proof looks good to me, approved. Thank you kindly... Respectfully, John Kerry Senior Planner ZmningDivis/om-Zoning Services Section 2800 North Horseshoe Drive, Naples Florida 34104 Phone:239 252.5719 Fax:239.252.6363 NOTE:Email Address Has Changed ErnaiLJohnxoUv@ooUie,counfvOgov Tell us how we are doing by taking our Zoning Division Survey at ralpiliNtjvicollierZonin.g Co ler Comity Growth Management Department From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent:Thursday, February 28, 2019 8:12 AM To: RodriguezVVanda <VVanda.Rndriguez@co||iercnuntyf|.Qov>; CasanuvaA|exandra <Alexandra.Casanova@colliercountyfl.gov>; VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; Ke||y]ohn <John.Kelly@colliercountyfl.gov> Subject: CU-PL20170003317 Beraca Baptist Church Morning All, Attached is the ad proof for the referenced above. Let me know of any changes needed. Martha 1 Martha S. Vergara From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Thursday, February 28, 2019 12:23 PM To: Minutes and Records Cc: RodriguezWanda; NeetVirginia; SmithCamden; kelly,j; VelascoJessica Subject: Ad approval for your review CU-PL20170003317 Beraca Baptist Church Attachments: ND-2241210.pdf; RE: Ad approval for your review - CU-PL20170003317 Beraca Baptist Church Good afternoon, We have received the approval of both the planner and agent's approval for ad proof of PL20170003317 Beraca Baptist Church. Respectfully, liex a za e444.4, Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2658 Note: Email Address Has Changed . Alexandra.casanovaPcolliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at httio://bit.ly/CollierZoning. Exceeding Expectations From: KellyJohn Sent:Thursday, February 28, 2019 10:47 AM To: Martha S. Vergara <Martha.Vergara@collierclerk.com>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Subject: RE: CU-PL20170003317 Beraca Baptist Church Good morning Martha, The proof looks good to me, approved. Thank you kindly... Respectfully, John KelTy Senior Planner Zoning Division-Zoning Services Section 2800 North Horseshoe Drive,Naples Florida 34104 Phone:239.252.5719 Fax:239.252.6363 NOTE:Email Address Has Changed Email: John.Kelly@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,March 28,2019,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104, to consider: 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 ` I 1� h " L_ ence" r, - - PROJECT ll..* 14 _ — i= LOCATION P IP NI�LI ,/\\ .—lake•TnbN RO �+-BFB b,RD Leb•ira RON'RD haRON'RD-- II► s.Wr .0 .. ST,E J� . *1,,iii ,_gush ST Q -4-\,- li 4 4 4 ( 't-') --- 1111 A All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered.Any person who decides to appeal any 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 to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida RD.3I4,1ID ❑ PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:2/27/2019 4:45 PM SALES PERSON: Gloria Kennedy PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:03/08/19 ND-2241210.INDD SIZE:3 col X 9.25 in Martha S. Vergara From: megangowell@rdafl.com Sent: Thursday, February 28, 2019 12:14 PM To: CasanovaAlexandra Cc: 'Richard DuBois'; 'Ronny De Aza' Subject: RE:Ad approval for your review - CU-PL20170003317 Beraca Baptist Church Hello Alexandra, This is approved. Are we responsible to submit to the newspaper or is that handled by you? Can we use this on the notification sign that goes on the property? Megan Gowell Operations Manager I RDA P: 239-649-1551 C: 269-352-4931 rr yc a€7gowe li@rc afl„c om 790 Harbour Dr.#20 PDA Naples, FL 34103 www.rdafl.corn From: Ronny De Aza <ronnydeaza@rdafl.com> Sent:Thursday, February 28, 2019 11:39 AM To: Megan Gowell <megangowell@rdafl.com> Cc: Richard DuBois<richarddubois@rdafl.com> Subject: FW: Ad approval for your review-CU-PL20170003317 Beraca Baptist Church From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent:Thursday, February 28, 2019 11:30 AM To: ronnvdeaza@rdafl.com Subject: Ad approval for your review-CU-PL20170003317 Beraca Baptist Church Ronny, Advertisement for: Beraca Baptist Church , PL20170003317 for the HEX on 3/28/2019 The public notice ad for Naples Daily is attached for your approval. If you wish to revise any portion of it (specifically the title), please respond with strike through and underline as to your proposed revision, which we will forward to the County Attorney for a decision. If you approve the ad, please reply approved. 1 Martha S. Vergara From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Thursday, February 28, 2019 1:11 PM To: Minutes and Records Cc: CasanovaAlexandra Subject: RE: Ad approval for your review CU-PL20170003317 Beraca Baptist Church This proof is approved for our office also. "Wanda Rodriguez, ACT, CPA! Office of the County Attorney (239) 252-8400 From: CasanovaAlexandra Sent:Thursday, February 28, 2019 12:23 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; KellyJohn <John.Kelly@colliercountyfl.gov>; VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Subject:Ad approval for your review CU-PL20170003317 Beraca Baptist Church Good afternoon, We have received the approval of both the planner and agent's approval for ad proof of PL20170003317 Beraca Baptist Church. Respectfully, /� z a ea44 tooet Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone: 239-252-2658 Note: Email Address Has Changed A,lexandra.casanovaia)colliercounty_fl,.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. co ler County Exceeding Expectations From: KellyJohn Sent:Thursday, February 28, 2019 10:47 AM To: Martha S. Vergara <Martha.Vergara@collierclerk.com>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; 1 CasanovaAlexandra ra. .govx; Ve|asco]essico ^Jessica.Velascg2coUiercountif.Rov> Subject: RE: CU-PL20170003317 Beraca Baptist Church Good morning Martha, The proof looks good to me, approved. Thank you kindly... ReopeotfVUy, Ketry Senior Planner Zoning Division-Zoning Services Section 2800North Horseshoe Drive, Naples Florida 34l04 Phone:239.252.5719 Fax:239.252.6363 NOTE:Email Address Has Changed Ema8:John.neUv@conio,coon1vV.gov Te//us how we are doing by taking our Zoning Division Survey at http://bit.ly/CoilierZoning CO ler County Growth Management Department - - From: Martha S. Vergara <K4artha.Verga/a(cDco||ierc|e/k.com> Sent:Thursday, February 28, 2019 8:12 AM To: RudriguezVVanda <VVanda.Rodriguez@cn||\ercountyf|.Rov>; [asanovaA|exandra <4|exandra.Casanova@cn||iercnuntyf|.gov>; Ve|asco]exnica <Jessica.Ve|ascn@co||iercountyf|.Aov>; Ke||y]ohn <]ohn.Ke!|y0Dco||iercountyf|.Anv> Subject: CU-PL20170003317 Beraca Baptist Church Morning All, Attached is the ad proof for the referenced above. Let me know of any changes needed. Martha Martha Vergara Senior Deputy Clerk Office: 239'252-7340 Fax: 239'252'8408 E-mail: martha.verKara@Co||ier[!erk.cnm Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite#401 . “V24) Naples, FL 34112 vvvvwIoUierC|erkzn[n 2 Martha S. Vergara From: NDN-Legals <legals@naplesnews.com> Sent: Wednesday, March 6, 2019 2:34 PM To: Martha S. Vergara Subject: RE: CY-PL20170003317 Beraca Baptist Church, Inc. ExternalMessage: Please use caution when opening attachments, clicking links, or replying to this message. Just following up on this ad. Please let me know by today. From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent: Wednesday, February 27, 2019 11:27 AM To: NDN-Legals<legals@naplesnews.com> Subject: CY-PL20170003317 Beraca Baptist Church, Inc. Hello, Please advertise the following attached ad Friday, March 8, 2019 (display ad w/ ap). Please forward an ok when received, if you have any questions feel free to call me. Thanks, ivIcuthaNer: • a, 13MR. S C k> 6vuttekEr t Clerk,of the,Cir C er V A djiitistkow Board/ 0 • (239) 252-7240 (239) 252-8408 E~ a __.t` .vergar R.rk> com Please visit us on the web at htto:/Iprotect-us.mimecast.comas/uDxGCn5mErS7Q58JyS91mUj?dornain=coilierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing help eskidcollicrcierrk corn quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the Collierclerk.corn domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 Martha S. Vergara From: Martha S.Vergara Sent: Wednesday, March 6, 2019 2:39 PM To: Naples Daily News Legals Subject: RE: CY-PL20170003317 Beraca Baptist Church, Inc. 2241210 Hi Diana, This ad has been reviewed and approved by the legal department. Please proceed with publishing as requested. Thanks, Martha From: NDN-Legals<legals@naplesnews.com> Sent: Wednesday, February 27, 2019 4:58 PM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Subject: RE: CY-PL20170003317 Beraca Baptist Church, Inc. 2241210 External Message: Please use caution when opening attachments, clicking links, or replying to this message. Attached is your proof. From: Martha S. Vergara <Martha.Vergar.g2collierclericcom> Sent: Wednesday, February 27, 2019 11:27 AM To: NDN-Legals<legals2nagiesnews,com> Subject: CY-PL20170003317 Beraca Baptist Church, Inc. Hello, Please advertise the following attached ad Friday, March 8, 2019 (display ad witinap). Please forward an ok when received, if you have any questions feel free to call me. Thanks, V er ct; BM1Z Seimikn, C PI(mutes,Er Records-Dept Clerk,of the,arra,"Cottet Er Va2ueiAcijugvnegit'8ovi4'd, Office,: (239) 252-7240 Fc* (23 9) 25 2-8408 : rywwtha4ver, o tie col2iercierk4 cvn, 4 ? rs Battu Ns NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 2241210 CU-PL20170003317 4500190197 Pub Dates March 8,2019 / 1tdL( Mz'i (Sign ture of affiant) •M:'___ KAROLEKANGAS Notary Wbfc-StMeof Fbdda Sworn to and subscribed before me • a Commi�lon#GG+i6W+ This March 11,2019 4 `w ' MyCor""•Expires kl29'm21 1 •, ,:/ oeu kmodd.oawaawyA. I ancl f \- ClAger (Signature of affiant) 18A I FRIDAY,MARCH 8,2019 1 NAPLES DAILY NEWS SHOE WAREHOUSE Family Owned and Operated for 70 Years Missing Lee County boaters 62'4'45�1 ---COUPON-- found drifting off Marco Island " ° r'''' We help consumers achieve Michael Braun duty officer."I'mextremely proud of our pain-free walking by providing $ 1 5 Fort Myers News-Press watchatanders who worked diligently to USA TODAY NETWORK-FLORIDA help locate the two men and of course 5 star service,great selection, the multiple crews we had searching and superior quality comfort The Coast Guard found two boaters who were able to execute the mission fashion footwear. late Wednesday after they were report- and make this possible" Naples Olde3t.3Ytoe Store ed foe Nita, Estero BrThe Bay were aented Tuesday near p OFF Jce Nita, Estero,nand miles Estero Bay oon rented 22-footmbluekandvtdcrsseledica O> ekdkishice Daugherty,72,were found seven miles white pontoon boat from Snook Bight west of Marco Island by an aircrew from Marina,and were due back from their scmdcds&Shoes... Coast Guard Air Station Clearwater trip later that day,a release said. NAM,,Mephisto,Taryn Rose,"rile Comfort,Welkj6 shortly after 8:30 p.m. One of the men's wives reported The aircrew was joined by crewmem- them missing Wednesday morning and Gib 'Tinny Rabotin.Beautlfeel,Sperm Esq hers from Coast Guard StationPt.Myers the Coast Guard launched a search us- Birlwramck,Florsheim,Finn Comfort,New Balance, Beach and other Coast Guard units. ing units from the Port Myers Beach and SAS,SaumnY,Asics,Sebago,Hushpuppy,Tera,Minh, The two men reported no injuries. Clearwater stations at 10 a.m. rd Flop,Whatnot Acorn Slippers and many mare_ '✓�us present Coupon "It's always a great feeling when you Connect with this reporter:Michael at time of purchase. can reunite mariners with their loved NP (Pacebook) eMichaelBraun 1 AB' • Not valid with any ones,"said Lt.Robert List,the command NP(7Ymitter) Ir+eauae other offer. Expires 3/31/19 MEPNISTON =•- 1 'Excludes SAS .tc we f� ',t1 ,` 'C�` i &Mephisto t� Kybun and Birkenstock AI SRe am kits&fall Mewl=filiwtq biledhetory NNt rill .fit' time to p& wt! New Guinea Impatiens• Marigolds -- _ F Sunpatiens• Begonias• Periwinkles and much more! 1NEPHIST014/ r WORLD'S FINEST FOOTWEAR new balance Organic Flower-tone Bloom Booster A superb choice for your blooming flowers. ,o 4 6,, ,r Family Owned&Operated for 35 Years ,_" . ,' ".` 41f i#. Tr . mor -� DRIFT' WOOD . AROEN CENTER rwavr•rums•esWe.FAe•Ma.Oa...•yylaq ,... 4; ' A 1w Naples 5051 Tamiami Trail N.(239)261-0328 ilk _a Estero 20071 S.Tamiami Trail(239)947-9676 � /'/ www.driftwoodgardencenter.com NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:10 A.M.,March 28,2019,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104, to consider: PETITION NO.CU-PL20170003317—BERACA BAPTIST CHURCH,INC. ,,: REQUESTS A CONDITIONAL USE TO ALLOW A CHURCH WITHIN A RURAL AGRICULTURAL (A) ZONING DISTRICT PURSUANT TOE SECTION 2.03.01.ACODEF.cR O3. THE COLLIER COUNTY LAND yt, SAS DEVELOPMENT CODE FOR A 3.5±ACRE PROPERTY LOCATED ON THE NORTH SIDE OF E TRAFFORD ROAD,APPROXIMATELY 1000 FET EAST OF LITTLE LEAGUE EROADIN MMOKALEE I IN I, ciklACrt) TOWNSHIP 46 SOUTH,RANGE 29 EAST,COLLIER COUNTY,FLORIDA u 0111111%, iitikmio 401 PROJECT II i - p LOCATION ti n°iL., -,�_, a - .. to�.. Nth, _ , I'► ,1 .—_,-7. I y .._ _._ All interested parties are invited to appear and be heard.All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing.The file can be reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. kip 111111116 The Hearing Examiner's derision becomes final on the date rendered.Any person who decides to appeal any decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim 933 AIRP0RT R D e S record of the proceedings is made,which record includes the testimony to evidence upon whicaer appeal is based. NAPLES F L 34104 If you are a person with adisability who needs any accommodation in order to / participate in this proceeding,you are entitled,at no cost to you,to the provision of 3.5 blks.N.of Davis,1 blk S.of Naples Airport certain assistance.Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- Open Mon.-Sat. l0am-6pm 1 Sunday 1-5pm 8380,at least two days prior to the meeting. 239-643-2559 Mark Strain, Chief Hearing Examiner www.shoewarehousenaples.com Collier County,Florida ..,,,,,,, HEX Mardi 28, 2019 7[TR-P[201800000209 �� , �� 3845 Beck ��/�� Ga� Naples, From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Tuesday, February 26, 2019 2:03 PM To: Minutes and Records Cc: Ann P. Jennejohn; bellows_r; BosiMichael; kendaU_m; PageErin; RodriguezWanda; NeetVirginia; SmithCamden; keU �; Ve|asco]essica Subject: Ad request for your review PL201800000209 - 3845 Beck Blvd (ZLTR) Attachments: Ad Request.docx; Signed Ad Request.pdf Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone:239'252'2650 Note: Email Address Has Changed A|exandra.casannva0»cu||iercountvf|.gov Tell us how we ore doing by taking our Zoning Division Survey at http://bit.Iy/collierZoning. ier County Exceeding Expectations Under Florida Law, e-mall addresses are public records, If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. |nmtead, contact this office by telephone or in writing 1 Martha S. Vergara From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Tuesday, February 26, 2019 3:56 PM To: CasanovaAlexandra; Minutes and Records Cc: SmithCamden; kelly,j;VelascoJessica Subject: RE:Ad request for your review - PL201800000209 - 3845 Beck Blvd (ZLTR) The cover page is incorrect in its placement instructions. As this item does not require a map, it does not need to be a 1/4 page ad, and it should be placed in the regular classifieds/legals section. Otherwise the ad request is good. -Wanda Rodriguez, ACP, C?J4 Office of the County Attorney (239) 252-840® From: CasanovaAlexandra Sent:Tuesday, February 26, 2019 2:03 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; BellowsRay<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; KendallMarcia <Marcia.Kendall@colliercountyfl.gov>; PageErin <Erin.Page@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; Kellylohn <John.Kelly@colliercountyfl.gov>; VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Subject: Ad request for your review- PL201800000209- 3845 Beck Blvd (ZLTR) Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, ;41ezetadzet eao,awevet Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2658 Note: Email Address Has Changed Alexandra.casanova{«colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at httl ://bit.ly/CollierZoning. flt. er •way Exceeding Expectations 1 February 26, 2019 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on March 8, 2019 and furnish proof of publication to the attention of John Kelly, Planner in the Growth Management Department, Zoning Division, Zoning Services Section. 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 114 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement IVIL,h, es'end in that portio hf the etrAepttpe, Itertt ciasseetti advertisements appear, --the the fellowin. on ALL Invoices; DIVISION: ZONING [Zoning Services Section} FUND &COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500190197 Account Number: 076397 7-61 6,41 A Authoriz4Designee signature for HEX Advertising PL20180000209 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M.,March 28,2019, in the Hearing Examiner's meeting room,at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: 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 SALON (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. (no map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida Account #076397 Corporate Reference #507876 February 26, 2019 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: ZLTR—PL20180000209, Toll Gate Naples, LLC Dear Legals: Please advertise the above referenced notice on Friday, March 8, 2019 and send the Affidavit of Publication, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500190197 February 26, 2019 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on March 8, 2019 and furnish proof of publication to the attention of the Board's Minutes and Records.Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement headline in the advertisement must be in a type no smaller than 18 point. This advertisement MUST BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500190197 Account Number: 076397 Authorized Designee signature for HEX Advertising P120180000209 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M.,March 28,2019, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive, Room 609/610,Naples FL 34104,to consider: 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 SALON (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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, February 27, 2019 11:31 AM To: Naples Daily News Legals Subject: ZLTR-PL20180000209 3845 Beck Blvd/Toll Gate Naples, LLC Attachments: ZLTR-PL20170000209, Toll Gate Naples, LLC (HEX 3-28-19).doc;ZLTR-CUD- PL20180000209 Toll Gate Naples, LLC (HEX 3-28-19).docx Hello, Please advertise the following attached ad Friday, March 8, 2019. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Plowtha.Verg,ara., '8MR Senio-r Clerk, MIAAutele Er Record*Dept. Cleric/of theiarcuit Court Er Value,A dilkstrnent 13 card. Office.: (239) 252-7240 Faira (239) 25 2-8408 E-rna41: rnartha4ver a-OcolUev-clerk4conv 1 Martha S. Vergara From: legals@naplesnews.com Sent: Wednesday, February 27, 2019 2:30 PM To: Martha S. Vergara Subject: Ad: 2241234, NOTICE OF PUBLIC HEARING Notice is h Attachments: COLLIERCOU-76-2241234-1.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, Please review the following proof and notify me if everything is okay. Thank you and have a great day! Diana Aviles PART OF THE USA TODAY NETWORK Office: 239.213.6061 1 C›Ad Proof Nitus Batt. Sales Rep:Diana Aviles(N3105) Phone: Email:Diana.Aviles@naplesnews.com � �FGi m�nil9� �i(�a�a v rr,d " Date:02/27/19 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:507876(N076397) , Please confirm placement prior to deadline by contacting your account Company Name:COLLIER COUNTY HEX rep at . Ad Id:2241234 P.O.No.:4500190197 Total Cost:$318.50 Contact Name: Email:AshleyLang a colliergov.net Tag Line:NOTICE OF PUBLIC HEARING Notice is h Address:3299 TAMIAMI TRAIL EAST#700,NAPLES,FL,34112 Start Date:03/08/19 Stop Date:03/08/19 Phone:(239)252-5851 Fax:(000)000-0000 Number= of Timess: 1 Class: 16250-Public Notices Publications:ND-Naples Daily News,ND-Intemet-naplesnews.com I agree this ad is accurate and as ordered. I NOTICE OF PUBLIC HEARING a permanent part of the at 3335 Tamiami Trail East, record. Suite 101, Naples, Florida Notice is hereby given that 34112-5356, (239) 252-8380, at a public hearing will be held Copies of staff report are least two days prior to the by the Collier County Hearing available one week prior to meeting. Examiner (HEX) at 9:00 A.M., the hearing. The file can March 28,2019,in the Hearing be reviewed at the Collier Mark Strain, Examiner's Meeting Room, at County Growth Management Chief Hearing Examiner 2800 North Horseshoe Drive, Department, Zoning Division, Collier County,Florida Room 609/610, Naples FL Zoning Services Section, March 8,2019 No.2241234 34104,to consider: 2800 North Horseshoe Drive, PETITION NO. Naples,FL. CUD-PL20180000209 - TOLL • GATE NAPLES, LLC REQUESTS The Hearing Examiner's AFFIRMATION OF A ZONING decision becomes final on VERIFICATION LETTER ISSUED the date rendered. Any BYTHEPLANNING AND ZONING person who decides to appeal DIVISION PURSUANT TO LDC any decision of the Hearing SECTION 10.02.06, IN WHICH Examiner will need a record COUNTY STAFF DETERMINED of the proceedings pertaining THAT THE PROPOSED USE thereto and therefore, may OF A BEAUTY SALON (SIC need to ensure that a verbatim 7231, EXCEPT BEAUTY AND record of the proceedings is COSMETOLOGY SCHOOLS) made, which record includes IS COMPARABLE IN NATURE the testimony to evidence TO THOSE COMMERCIAL upon which the appeal is USES PERMITTED IN SECTION based. 3.3 FOR PARCEL "A" OF THE TOLLGATE COMMERCIAL If you are a person with a CENTER PUD, ORDINANCE disability who needs any NO. 92-10, AS AMENDED. accommodation in order to THE SUBJECT PROPERTY IS participate in this proceeding, LOCATED ON THE NORTH SIDE you are entitled,at no cost to OF BECK BOULEVARD, JUST you,to the provision of certain EAST OF COLLIER BOULEVARD, assistance. Please contact IN SECTION 35, TOWNSHIP the Collier County Facilities 49 SOUTH, RANGE 26 EAST, Management Division located COLLIER COUNTY,FLORIDA. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. Martha S. Vergara From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Thursday, February 28, 2019 9:08 AM To: Minutes and Records Cc: kelly,j; SmithCamden;Velascolessica; NeetVirginia; RodriguezWanda Subject: FW: ZLTR-PL20180000209 Beck Blvd/Toll Gate Attachments: Re: Ad approval for your review - ZLTR-PL20180000209 Beck Blvd/Toll Gate; ZLTR- PL20180000209 Beck Blvd-Toll Gate.pdf Good morning, We have received approval from planner and agent. See below and attached for approvals. Respectfully, /41.exasd 644.440-64a Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanovaPcolliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Co •ViiitY Exceeding Expectations From: KellyJohn Sent: Wednesday, February 27, 2019 4:11 PM To: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Subject: RE: ZLTR-PL20180000209 Beck Blvd/Toll Gate Approved. Thank you kindly... Respectfully, Jofin 7letTy Senior Planner Zoning Division--Zoning Services Section 2800 North Horseshoe Drive,Naples Florida 34104 Phone:239.252.5719 Fax:239.252.6363 NOTE:Email Address Has Changed Email:John.Kelly@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning airips Coltier County Growth Management Department 1 From: CasanovaAlexandra Sent: Wednesday, February 27, 2019 3:30 PM To: KellyJohn <John.Kelly@colliercountyfl.gov> Subject: FW: ZLTR-PL20180000209 Beck Blvd/Toll Gate John, Good afternoon. Please review the attached ad proof for PL20180000209—Beck Blvd/Toll Gate. Reply approve if you approve this ad. Respectfully, /� Tue�tdJ a e4da a LQ Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. Co ;er CountV Exceeding Expectations From: Martha S.Vergara <Martha.Vergarracol„Iierclerkecarn> Sent: Wednesday, February 27, 2019 3:18 PM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; CasanovaAlexandra <Alexandra,Casanova@colliercountyfl.gov>;Velascolessica <Jessica.Velasco@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov> Subject: ZLTR-PL20180000209 Beck Blvd/Toll Gate Hello All, Attached is the ad proof for your review. Let me know if you need any changes. Thanks, 2 Martha S. Vergara From: Bob Mulhere <BobMulhere@hmeng.com> Sent: Wednesday, February 27, 2019 5:21 PM To: CasanovaAlexandra Cc: Stephanie Karol; kelly,j; NeetVirginia; SmithCamden; VelascoJessica Subject: Re:Ad approval for your review - ZLTR-PL20180000209 Beck Blvd/Toll Gate Attachments: image002.jpg; image004.png Look fine.Thank you. Sent from my iPhone On Feb 27, 2019, at 3:40 PM, CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>wrote: Stephanie and Bob, Good afternoon attached you will find the advertisement for: Beck Blvd/Toll Gate , PL#20180000209 for the HEX on 3/28/2019 The public notice ad for Naples Daily is attached for your approval. If you wish to revise any portion of it (specifically the title), please respond with strike through and underline as to your proposed revision, which we will forward to the County Attorney for a decision. If you approve the ad, please reply approved. If advertisement is approved after COB on 3/1/2019,your item may be continued. Respectfully, )41exetaelna eada#coua Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfi.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. <image002.jpg> Exceeding Expectations From: Martha S. Vergara <Martha.Vergara,_collierclerk.com> Sent: Wednesday, February 27, 2019 3:18 PM To: RodriguezWanda <Wanda.Rodriguez(a)calliercour7ty,,,fl.ggy>; CasanovaAlexandra <Alexandra.Casanova@colliercoun yfl.gov>;VelascoJessica <Jessicaa.Veiasca@.colliercou_n.ty„fLgoy>; SmithCamden <Camden S,mitVhcolliercountyfl,,gav> Subject: ZLTR-PL20180000209 Beck Blvd/Toll Gate Hello All, 1 Attached is the ad proof for your review. Let me know if you need any changes. Thanks, <image004.png> Martha Vergara Senior Deputy Clerk Office: 239-252-7240 Fax: 239-252-8408 E-mail: Martha vergara.,@Colli,e_rClerk.corn Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite#401 Naples, FL 34112 www.CollierClerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. <ZLTR-PL20180000209 Beck Blvd-Toll Gate.pdf> 2 Martha S. Vergara From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Thursday, February 28, 2019 9:29 AM To: Minutes and Records Cc: CasanovaAlexandra Subject: RE:ZLTR-PL20180000209 Beck Blvd/Toll Gate This proof is approved for our office also. Thank you, Wanda 'Rodriguez, ACT, CP.r.A4 Office of the County Attorney (239) 252-8400 From: CasanovaAlexandra Sent:Thursday, February 28, 2019 9:08 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: KellyJohn <John.Kelly@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: FW: ZLTR-PL20180000209 Beck Blvd/Toll Gate Good morning, We have received approval from planner and agent. See below and attached for approvals. Respectfully,��" //�� T4C��tdi et �i4444Io 4 Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova(ccolliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. County Exceeding Expectations From: KellyJohn Sent: Wednesday, February 27, 2019 4:11 PM To: CasanovaAlexandra <Alexandra.Casanova@coltiercountyfl.gov> Subject: RE: ZLTR-PL20180000209 Beck Blvd/Toll Gate Approved. Thank you kindly... 1 Respectfully, Y�" �^'mr �~~` ~ z senior Planner ZommgDivision-Zo/ingSenicmSection 2800 North Horseshoe Drive, Naples Florida 34104 Phone:239.252.5719 Fax:239.252.6363 NOTE:Email Address Has Changed Email:John.KoUy@coUio,coontv8.go" Tel/us how we are doing by taking our Zoning Division Survey at httplibit.IviCollierZoning CO 1 ler COUlltY Growth Management Department From: CasanovaAlexandra Sent: Wednesday, February 27, 2019 3:30 PM To: Ke||\dohn <John.KeUy@coUiencountvfignv> Subject: FW: ZLTR-PL20180000209 Beck Blvd/Toll Gate John, Good afternoon. Please review the attached ad proof for PL20180000209— Beck Blvd/Toll Gate. Reply approve if you approve this ad. Respectfully, Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone: 239-252-2658 Note: Email Address Has Changed £Jeiandm.casanova@co||iercountvf|.goy Tell us how we are doing by taking our Zoning Division Survey at http://bit.N/CollierZoning. VS4 CO ler 0 unty Exceeding Expectations -' - - From: Martha S. Vergara <Martha.Vergk.conl> Sent:Wednesday, February 27, 2019 3:18 PM To: RndriguezVVanda <VVanda]lod1iluez@Psoi|iercoQntyf|.Espx; CasanovaA|exandra < ountyflggv>; Ve|ascn]essica < >; SmithCamden < c > Subject: ZLTR-PL20180000209 Beck Blvd/Toll Gate Martha S. Vergara From: NDN-Legals <legals@naplesnews.com> Sent: Wednesday, March 6, 2019 2:35 PM To: Martha S. Vergara Subject: RE: ZLTR-PL20180000209 3845 Beck Blvd/Toll Gate Naples, LLC External Message: Please use caution when opening attachments, clicking,links,or replying to this message. Double checking this ad as well. Please let me know by today. From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent: Wednesday, February 27, 2019 11:31 AM To: NDN-Legals<legals@naplesnews.com> Subject:ZLTR-PL2O18O0002O9 3845 Beck Blvd/Toll Gate Naples, LLC Hello, Please advertise the following attached ad Friday, March 8, 2019. Please forward an ok when received, if you have any questions feel free to call me. Thanks, M Ver, , Seftik,rC k, Pi CA/wt.-vs/Er R t Clerk,oarckat Cottrt Er V.__ .• A 0 '. (239) 252-7240 (239) 252-8408 E- .ver; • - _ Please visit us on the web at http•jp,rotect-us.mimecast.com/s/xXhgCv2xPoU7oXYIMuQf-JH?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdeskgcollierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the collierClerk,ccarn domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, March 6, 2019 2:40 PM To: Naples Daily News Legals Subject: RE: 2241234, NOTICE OF PUBLIC HEARING Notice is h Hi Diana, This ad has been reviewed and approved by the legal department. Please proceed with publishing as requested. Thanks, Martha Original Message From: legals@naplesnews.com <legals@naplesnews.com> Sent: Wednesday, February 27, 2019 2:30 PM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Subject: Ad: 2241234, NOTICE OF PUBLIC HEARING Notice is h External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, Please review the following proof and notify me if everything is okay. Thank you and have a great day! Diana Aviles PART OF THE USA TODAY NETWORK Office: 239.213.6061 1 ._...., ap1rø Battu ?'rwø NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 2241234 NOTICE OF PUBLIC HEA 4500190197 Pub Dates March 8,2019 t clicr ct OMI/1(Sign ture of affiant) r;;;;""'...•. KAROLEKANGAS I of Florida 1 Sworn to and subscribed before me , •' Commission SGG , +a ';., My CommxplmsJ&292021 This March 11,2019 I •..� ,,.." wad1 , „,� 0.31.0/ f q cvy (Signature of affiant) NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., March 28,2019,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: 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 SALON (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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida March 8,2019 No.2241234 NAPLESNEWB.COM I FRIDAY,MARCH 8,2019 1 3RD lemoS Unfurnished Space Rentals Recreational Storage Vans Legal Notices Public Notices ANNUAL MARCO ISLAND 3/2 COMMERCIAL/OFFICE STORAGE MOTORNOYES 2105 CHEVROLET UPUNDER Trail,Trail E.Suiet 102 Naples, BYTHE PLANNING ANDZONING pool home with 2 car gar., 900 square ft, $865 mo. RVs,boat.auto.Covered Extended sport van.1056 mi, FL 34112,before service on DIVISION PURSUANT TO LDC $2400 mo.(239)877-7991 (239)262.4121 available,Inside A/C Lockers V6,CarFax guarantee$4000 Petitioner or immediately SECTION 10.02.06,IN WHICH 1274 Apricot (239)643-0447 (239)992-0768. thereafter, If you fail to do COUNTY STAFF DETERMINED so,a default may be entered THAT THE PROPOSED USE LEAWOOD LAKES-2/2,pets Storage Unitsll TilCla sslc Cvs against you for the relief OF A BEAUTY SALON (SIC Rccn�atonaraers OK,g9arage,new tile,fenced demanded in the petition. 7231.EXCEPT BEAUTY AND yy d.mo t7 200- Apr 1. AIR CONWONDSELF S e e The action is COVERED TRAILER-20'x E 1959 Mercedes 220S Coupe to decide how the thew rt SOCOMPA ABLE INSMETOLOGY CNAURE y1500/mo(239)200-5869 n private Industrial Space. Tandem Axle w/Ramp and blk/red,44K orig.,Photos real or personal property TO THOSE COMMERCIAL For specials:(239)7541971 1 spare tires. $5.500.Firm. http://mho(706)974-069 should be divided:None USES PERMITTED IN SECTION Please Call (239)272.1450, $88,000 John(706)974-7069. Febuary 22,March 1.8,IS, 3.3 FOR PARCEL"A"OF THE ilk" Wanted To Rent _ 19700LDSMOMLE CUTLASS 2019. No.2233949 TOLLGATE COMMERCIAL SUPREME CONVERTIBLE Notice is herebygiven to the NO. 2 PUD, ORDINANCEMDED. MATURE CHRISTIAN supreme condition, NO. 92.10. AS AMENDED. OLEIN IELY0r patients of Miguel Andres THE TED ON T PROPERTYNORTH S IE BEAUTIFUL,split level, GENTLEMAN (239)649-16dfi. Americo Mandoki Winkler LOCATED ON THE NORTH SIDE looking guestihouse,condo. A/K/A Miguel W.Mandoki,MD OF BECK BOULEVARD,JUST CASITA,3 BEDS,ars BATHS house,guest house,red 77, 1972 CADILLAC ELDORADO'.AlRaby Asaf Paris-Ma rsoki a/k/a WITH DEN,2 car garage or villa w/garage.Retired 77. Biarritz convertible. Royal Asaf Paris.as Personal Rep- IN SECTION COLLIER BOULEVARD,TWNSHI attached full Club exc.refs.Call(340)513-4154 Automobiles for Sale blue/wht top,76K mi,great esentative of the Estate of H. 35, EAT, Membership.basic cable, cond.Turns more heads than Mi el Andres Americo Man- 49 SOUTH,RANGE 26 EAST, 2 adults,no kids,no Pets, PROF.CPL,SEEKS RENTAL in &MERCEDES CLE 500 con• cars costing 10 times as doki Winkler A/K/A Miguel COLLIER COUNTY,FLORIDA. non-smoker,1 050/month Vanderbilt Bch or OldldNaples eerabk Bloc kner pp/ccgream Math- much)$19,995(239)249-8300. W.Mandoki,deceased(Date All interested parties are (23VINR 1570 Felcian edu Mar(201)694-92@0 body,eFl car.$9500(239)732- 1991 ROILS-ROYCE SILVER thatDethe medicalere ordsl of invited to appear,and be RESORT LIVING - in this 7588 SPUR 31Kmack&Ten Cond. patients of Miguel W.Man- pr. All on before used Naples 3BR/2BA home. PROFESSIONALS seeking or 2S,Bl Excellent Cond. dokMD are currently in the in presentation before the vaulted ceilings,fresh paint, rental condo Vend.Beach- 1996 CHRYSLER SEBRING $25,000(910)616-4131. Hearing Examiner will become new carpet,2CG.Olympic Old Naples area for Feb/Mar 53,503 mi.,$1,800.Best possession 0 the Personal a permanent part of Me ool,tennis,fitness ntr, 2020.Fagank Offer.Runs Well,leather Representative of the Estate. record. bike/jogging path and much @Felician,edu or (201)694- interior(561)860-7933. Vehicles Wanted Any patient who weld like more.52190/mu PET OK. to obtain his or her medical Copies of staff report are (239)261-9593 7920 2000 CADILLAC DEVILLE OHS AA.,TOP DOLLAR PAID!for records pleasesendrepuestto, available oneeek prior to 38K mi.,Beautiful.Clean car Classics Cars,Muscle Cars, Rodent @gmal.com the hearing. The file can fax.$6950,239-593-5465 &Sports Cars,(239)221-3000 Records will will b be made avail- be reviewed at the Collier Cnn(los Furni5hecl able consistent with appli- County Growth Management Real Estate 2001 CHRYSLER$EDRING ABSOLUTELY ALL AUTOS cable federal and state law. Department,Zoning Division, ANGLERS COVE-995 Unit 405 Commercial Convertible,gold,loaded, Wanted!Dead or Alive Top$ March I,8,2019. No.2240777 Zoning Services Section. 2BR/IBA Weekly Rental$700 exc.cond.Must see.Well FREE PICK UP! 239.2654160 Notice Under fictitious 2800 North Horseshoe Drive, AvailableforFeb Kept/low miles(239)963.5035 CORVETTES WANTED Name Law Pursuant to Sec- Naples,FL. Call for Details(239)285-8201 Businesses/Sale 2063 LINCOLN AVIATOR'fully Top dollar.Cash today.Call tion 865.09,Florida Statutes onus LAKES/LAKESIDE loaded, sliver Grey,original 941-809-3660 or941-923-3421 NOTICE IS HEREBY GIVEN that The Hearing Examiner's 3BR,1st floor overlooks lake. 4COP LIQUOR LICENSE COL- owner,53,900.12011803-4677. the undersigned,desiring to decision becomes final on Fully furnished.Monthly only! LIER COUNTY CALL OR TEXT - STEARNS MOTORS engage in business under the the date rendered. Any (519)727-8810;(519)250-8293 (941)698-5000 or(941)698- 004 BUICK LESABRE LTD MOST TRUSTED fictitious name of Plume person who decides to appeal 5000 1-owner,clean title,loaded, BUYER Since 1977. Plumbing located at 691 20th any decision of the Hearin gy FAIRWAYS PAR I CONDO 55+ garaged 1056 mi,$4165 Gd. All Vehicles wanted ST NE,In the County of Col- Examiner will need recortl 2BR 2BA Pool,Bocce,shuf. condo cart 073)881-7761. Rod or Jim(239)7747360 lier.City of Naples, Florida of the proceedings pertaining fie board Annual$950.No Lots&Acreage/Sale36120 Intends to register the thereto and therefore,may Smoking/pets(239)352.4214 1600 CADILLAC°LIME DIS WANTED:LOOKING TO BUY said name with the Division need to ensure that a verbatim -One Owner,Mint Cond., USED o or conversion of Corporations of the Florida record of the proceedings is Harris bay county el0b2BR/ VACANT LOT C3 ZONE $5400.Best Offer.(239)370- vane(970)599-6450. Department of State,Tallahas- made,which record includes 2BA AVAILABLE END of 19 86494th Ave.N.$235,000. 1517. see,Florida Dated at Naples, the testimony to evidence SEASON-'20 SEASON.53750 Good location(239)776.6356 WE BUY CAW.TRUCKS,SUVs, Florida,this 5th day of March upon which the appeal is 2012 DODGE CHALLENGER Etc.Anything from based. monthly.John(973)6GB-1287 SITS,6.4 liter,HEMI,470HP, g� ,2019. auto..5-sod.,Sunroof,1,832 1-1,000-31 D00.1 come t0 lose Hernandez JR PELICAN BAY(PEBBLE C,2/2, l you.Please 4011 Sam March 8,2019 No.2244741 d you area person with a Avail Now Thru Oct,2/2, i` orig.miles,all records,adult (239)595-4021 disability who needs any westerly lake view, lanai, owned.$32.600239-398-4007 accommodation in order to beautiful, bright, & fern. Public Notices youparticipaterentitled, this toc costt, $2800/mo.4 mo min,no pets. 2012 Mercedes GU(350 �� you are hntitled,at no cost to John(917)972-0252 NOTEBAYCE OF COMMMEETING thePleaseion contact Business for Sale 4matmis,Gr,Naviyati0n HERITAGE BAY COMMUNITY assistance. Please contact Condos Unfurnished 56.3k mis,Gry/bio$17,000 DEVELOPMENT DISTRICT the Collier County Facilities SIGN SHOP FOR SALE-Over 2015 BMW 2381 Com„t Management Division located 38R/28A PIPER'S POINTE 30 years in Naples.Awesome 14k mis,Slvr/tan Nov.Bk-up The Board of Supervisors of at 3335 Tamiami Trail East, W/D,updated,granite kitchen, location,great accounts, Cam$27.500 - - the Heritage Bay Community Suite 101, Naples, Florida 5/5 appliances,( file floors. low rent.Call(239)643-4902 Development District will hold 34112-5356.(239)252&380.at $1550 No Pets(502)386-9425 Asking$75,000 2004 Cbyl Seine*Cony Naples Daily News a meeting on Friday,March least two days prior to the 0.%69.5k nts tmcmis Slv/Gr 22.2019 at 9:00 a.m.in the meeting. 41 a ST.ANDREWS:2/2,view, d Cond,$4.800 CLASSIFIED Heritage Bay Clubouse, carport,cable,4th fir,$1200 IncesVery G10154 Heritage Bay Boulevard, Mark Strain, no pets(239)394-2376 Car Fax,Warranty, DEPARTMENT Naples Florida. Chief Hearing Examiner NONCE IN A PFE-LYE No hidden hesCollier County,Florida STMEN Livingston lakes-near North INVET UTY" bRNWe will bring car to you. Call 239-263-47110 #5 The meeting is open to the March 8,2019 No.2241234 to Naples Park.1833'large Ever wanted to be part o1 Open M-F.8AM-5PM public and will be conducted in first floor carriage home. the nation's oil&gas energy Visit:FunToDriveLLC.com accordance with the provision 2BR+den.2 car gar.Gran- boom?Now is your chancel! Call or text(239)319-7618 of Florida Law for Community The key ice/stainless steel app!ianc- Own all future oil&gas roy- Please speak clearly when Development Districts. The 11 L es.3 yrs new.Lanai with alty income to two produc- 2813 DODGE DART UNITED leaving your area code meeting may be continued to southern lake view.Avail ing wells in the oil rich Bak- -60K miles,blued door, &phone number. a date,time,and place to be now.7-12 mo.lease.Sm.Pet ken&Three Forks Formation loaded,extra clean$8,600. Your call will be returned specified on the record at the to Ce� 7y7lf OK$2250tdeposit. of North Dakota,the nation's (434)579.3237. in the order it was received. meeting. �J Jli11J1 L� 239-5721923mber two oil producer. For more information contact -2016 MAZDA YIATA 44X4- REGULAR DEADLINES There may be occasions when TIE MOORINGS(BEACH PASS) John Gunstad Grand Touring one or more Supervisors will your car • 2/2 1st fir,totally remod- )gunstad7C gmail.com 1 Owner,MUST 0095. Tuesday through Friday participate by telephone. elect.No pets/smoking/kids. (218)821-4004 CALL(239)39&0095. editions are 2:00 pm $1700/mo(239)825-7371 BMW - 1998.Convertible, the day belore publication Any person requiring special starts 6]F•1 C runs/looks great,7805 mi,sit- accommodations at this i.7V(.4iw ver/blk$6500(630)234-4643. Saturday through Monday meeting because of a disability Duplx;'Multplt Unl,irn ' edition are Friday 1:00 Dm or contact he District ent should Manger's here contact the District Manager's SAN CARLOS PARK Sports and Imports Other Deadlees: Office at least forty-eight(48) 2BR/2BA,W/D.pets ok. Marco Eagle (T) Mon 1Dm hours prior to the meeting. $1375/mo(239)850-4597 2001 CORVETTE blk top/blk (F)Thaws 10am If you are hearing or speech Boats/Motors/Marine interior,pewter"silver",head Bonita Banner(W)Tues9am mem impaired, please contact Wheels/Recreation up 12/cd,73k mi.,$34,750. (S)Thurs 4pm the Florida Relay Service by Townhouse,Villas F urn '05 PROIJNE 23'200 Merc.low North Naples(954)274-1508. Collier Citizen Thurs 1pm dialing 744, or 1-800-955- hrs.Full canvas,onbd char- 8771(TTY)/1-800.955-8770 ISLAND MANOR-MARCO ISL gars,depth/fish finder,incl 2000 MIDI COOPER-Cone, (Voice),for aid in contacting 2BR/1.5BA Across from Beach trlr$12,50005 5164724505 5-sod,mint cond. 67K mi. To place a FREE ad for the District Manager's Office. W/D $2800/mo Season. lady-driven $5100 obo. Merchandise under$00 Each person who decides to 703-472-0466 2016 SOUTH BAY 523 E PON- (239)370.1517. Please email us at TOON-Low hours/Excel- classad@00nlesnews.com appeal any action taken at lent Condition.150 Yamaha/ 2p00INFlNT very available this meeting is advised that Manul:tctured Homes party sell.Every availaUle person will need a record entertainment unit w/bar/ option,including navigation, 111=1111 of the proceedings and that WVELYWttDRORTN NAPLES 021$35,000.Ber pole,Boatranty miunnimum cooled seats,keyless go, accordingly.the person may 2021 I Al (.Boat mmrmum Ma-Office.fur.or Unfurl.oVHot. available(973)271.6786. 18.adaptive guise,Bose sound. need record ensure theta verbatim tub. 29 Pet o5 2771732- Ire wheelr, ac morar eN mo ,of the proceedings is tub.$1295 mo(859)277.1732 25 ft boat39)8nlNal-Royal ince w.Silver/black.mlGaragedericmade,idenceupthe testimony such Harbor,(239)821-6042. since oew.Ccel Completeserviceand evidence which such 7 Water inm�.Rout d� history.Excellent overall ST.JUDE,THANK YOU appeal is to be based. Place your 27' BOAT DOCK FOR RENT cundi(2n.BOK1056. 350. FOR ANSWERING ALL MY on Naples Bay. erect (239)272-1056. PRAYERS. JEANNE B. Justin Faircloth ad online at GUIlR0renovated,efull leCY lift.$400 mo.,Yearly lease. 2006 MERCEDES SL 600- District Manager Newly full turn, quick access Gulf 239-370.6291 36 k mi.,$134.000 Sticker, �� March 8,2019 No.2236079 ti.. Elevators,gated parking. �VcalJ Leds pool steps to beachExcellent condition NOTICE OF PUBLIC HEARING March$3000 April$2500 35X16 PT.DOCK AT WINDSTAR $24,500.Obo.(239)433-4570. 1 1 Direct access,deep water, Notice is hereby en that 1 (610)792-3032 electric-30&50 ampo'Bgaced. 2101 MERCEDES-BENZ given Reach the locals, 549,00&(61)5)3W- S-CLASS da-43K original a public hearing will be held Seasonal/Vacation Rentals miles,dark gray/black, by the Collier County Nearing 37 FT DOCK OUTSIDE SLIP NO AMG WHEELS,all op2o^5, Legal Notices Examiner(HEX)at 9:00 A.Y., WIDTH RESTRICTIONS$450 Must see In Naples!$22,950. March 2A 2019,In the Hearing Trustees Salc:'loreClc I100 GULF SHORE BLVD N. monthly.(239)825-4905 (419)344-5151 IN THE CIRCUIT COURT OF Examiner's Meeting Room,at 2/2 condo.Avail.May-Dec, THE 20th JUDICIAL CIRCUIT, 2800 North Horseshoe Dnve, $2600/mo:Jan-A7 1 3,500. BOAT SUP FOR ROTOR SALE 2012 MERCEDES 4350.Convt, IN AND FOR COLLIER Room 609/610, Naples Ft To Place a Classified Ad Uhls.incl.239-77T 7-5905 with lilt,14'x36'Wiggins Loaded!AMG pkg.classic COUNTY,FLORIDA 34104,to consider: in the NRPIDf Dant Neva 2020 walk to beach 3 bedroom Pass.Min.to Gulf.$400 mo, gray,pristine,garage-kept, Case No.:11-2018-DR-1838 PETITION NO. r condo,53500,(Z17)359-9999 013)271-6786 38Km1.$24,900(239)253-6274. Petitioner: GATE NAPLES,LLC REQUESTS pease Cal call for more Info Jeraldine Solveza Peruelo Z (239)263-4700 ext-5 HIGH TIDE cApatiOAT LIFT 2012 MERCEDES E350 CON- and AFFIRMATION OF A ZONING Open M-F,BAM-5PM. A 2BR 2BA condo. Bonita, -12K LB capaticy,New IE-45K mil.EX. Respondent: VERIFICATION LETTER ISSUED gpated,near gulf.Avail Jan: CONDITION,see on Marco island, CONDITION,regular 52'272- Epifanio Colinco Peruelo Jr, Feb:Ma,2020.732-910-4063 $3,500.(6089093030 OR nonce,1-22,900,(401)952-272. Reyuesl for Bids Request for bids 2013 Mercedes-Belo$350 NOTICE OF ACTION FOR FAIL/2 ndo foII- DISSOLUTION OF MARRIAGE Naples ?condo for rent. (OO Windstar) MARINA Convertible,con .ower,/re30Bid School Board of ire orof Purchasing gwill accept Seaton pmi.,Ex.cond,Silver w/red (NO CHILD OR FINANCIAL Bids in the Office of the Director of Purchasing unt112:00 p.m.on 3/15/19-,1 3/16-0957 ('0 2017'.Dir stat SlipeSUPPORT) $2800/mo(914)886-8953 osto Gulf.Direct access, inter.3 5-7 top$32.000. the date noted below for: closend o0 amp.579,000 M305-77&1035 T0:Epifanio C.Peruelo Jr. Groats Be..Aat.k Excellent 30t and i 29-29 Marie 11.18NW 610. ice BID 1 7174E OPEN Location.Walk weekly beach. at Premier Plus 239193.0290 Less than 1005 ml�White YOU ARE NOTIFIED that 19-112 Orchestra Instrument Maintenance March 26,2019 91.65 a orMOn0y o(3g)syate w/black convertible top. en action for dissolution of &Repair Service or Monthly(239)598-1515 $65,000(239)777-5905 marriage has been filedScorequirements Campers ti RV's against you and that you demandstaccom/supDFle of work e/bids/ cyy�� b'id_f1St.,✓/www. Rooms I urn�Unlur,, AUDI ALS QUATTRO -Rare are required i o serve a copy asp'$=search&LP=BB&mr=10202 or heeot//www.colikrschools. FLEETWOOD PACE ARROW opportunity for well main- of your written defenses, com/Page/7979 or call us at 239-377-0047. PRIVATE ROOM&BATH Pine 35M 2017,340hp Cummings tamed car,only 44k MLS.Pre- if any to it on Jeraldine 5. Ridg9e/Loggan,5700 mo.No diesel.OK mi,solar panel, mium options(239)776-9803 Peruelo whose address s The School Boats of Collier County,Florida smgking/pets.009)269.6/06 (slides$125,000-Naples BMW 335i 2007 hard top con- 3250 Bermuda Isle Circle Apt. By:/s/Dr.Kamela Patton Q39)919-8195. 837,Naples FL.34109.on or ROOM FOR RENTca - Privateof 6,tie,blue,twin turbo.5theorr March II.the and file Superintendentizdby:of Schools bath, gated caro use of WANTED:ALL MOTOR HOMES 96,000Mmi.,517488-2 86. originalCo0t 3 the clerk of David Nara by: house oOR(2 Seeking retiree. h CAMPERS. cond. Ft.Myers(517)188-2886. this Court at 3315 Tamiami David Nara,Director of Purchasing E700/mo 839)272 353Cash Paid. 050)595.0093. - • March 7,8,2019 No.2244097 Spit Utility Vehicles ROOYFmplee A,cDISIED Regues[for girls Reeluesr`.or[3X15 12re{uesf for Bids w/completekitcheett GoIf C.iiis Private entr,kitchenette 2011 BMW X3 SUV-Immacu- The School Board of Collier County.Florida,will accept Request for Qualifications in the Office of late!77,700 miles.All service $525 mo.239)231-6148 2113 CLUB CART -4.raise- the Purchasing Department by 2:00PM on the date noted below forthe following: ger,the,new bigger raised re512.5 New b2 9es,tires. ROOM FOR RENT share a 4 inches,new bigger rims 532.500(239)269.8725. RFQu a TITLE M OPEN bathroom, female only, and tires,new batteries, 19-109 Professional Contract Services March 22,2019 use of laundry,kitchen. red body,blk/red Inter, $600/mo(239)293.3908 street legal,(239)529.3221. - _=52, Scope of work and requirements at: ROOM TO RENT-Brookside. GMC SONOMA 2002 52,000. Ore!/Www.dewmands ar.com lS.conier/bids/agency_1239- lista42?f=5earch&LP=BB&mi=10202 1150/wk non-smoker/ Of f Road Vehicles (239)565-4666. or at Mtp://www.colllerschools.com/Page/7979 or ca11239-377-0242. no pets,references req. The School Board of Collier County.Florida (239)231-0361 1996 FORD$750 -1996 Ford ti, „AMES By:/s/Dr.Kamela Patton SWY for RED-$900 per month, F150 404 57k miles,garage ' Superintendent of Schools water,electric.,Cable,&Inter- kept. 5.01 engine, $2500. 2012 GMC VAN.Cargo van Authorized by: net included.lst.last&securi- Contact: debratrk@email. Pwr windows/locks,1 owner David Nara,Director of Purchasing ty.Small pet OK.(239)455-0329 com$2,500.(407)893-2657. $5200 obo(941)250-0056. March 1,8,15,2019. No.2237759 LeA Lc9:4- COURT REPORTER 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 salon (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. 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 salon (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 -...........-.-. - ) ' 4 t,...:' ....0 1k ,. ,.,. 4 I 'V . 4If 160 1 , LU,,• 0:1) k,_ ,..,. NImi, i. * I Pa CY) Ln '..." .,`Wo.iNEIAiliiri.t,t; Iry 4. 4 4itior • 0 44- , r, vit -` a:* * . - 111 LI) v ' 4 y, .. ' t-i t t::,1„ ft: •.,;,, 1 — •,,,,' ' a .... '• • • -''' - ' , ' 1 „t, • i A ..., 4? , . - lot•viii.• ..„;..' s 1 .......-wl, . c. rl ,, 1, •... r,,,.. — k . ... 4 , .... .. _ 1. e., . C-3(C--'' Llit # . ....r„..., (..7 r.:., ' 41. 44-* *Aiiiet aIIIIIMI' • ,.- * . . . , ._, -0 a) " 41. . rp **C .4..14 1..... a) W 01) .,. . '., .fft, , 0 . ,„ .4_ ...i l I—. (13 - ; . , , ,:. , ,ill • w " y f . ; *lib, "iiiiiii , .. . fi . r 1 Ln k 4. Ai ..... „lir% . ...•r - , . ... -....:- , f i k rl /t fF r f // i *' '_ . . fly . • - i � -, . �Ay - t a sn '_ v 444: . fit- r, ct, r tl, y :_, w i ;.,., ,,.'' -.0 i Ar ,r KellyJohn From: Elizabeth Lazzara <elazzara@habitatcollier.org> Sent: Wednesday, March 27, 2019 7:08 PM To: KellyJohn Subject: RE: FW/RE: CU Proposal at Liberty Way& Lake Trafford Road Immokalee PL20170003317 Hello John, Thank you once again for your responsiveness in communications, and in addressing comments and concerns regarding the application by the Beraca Baptist Church for the Conditional Use petition at Liberty Way and Lake Trafford Road in Immokalee. I have reviewed the revised proposal for the Conditional Use petition. In addition, I have had the opportunity to discuss the updated proposal with members of the neighboring Liberty Landing HOA residential community.There are a few follow up comments based on my review, and observations made by members of the Liberty Landing community, as follows. • The revisions made to the site plan for parking and circulation look much improved, and it is appreciated the Applicant removed the proposed curb cut formerly indicated along Liberty Way. We noted occasional special events are planned at the facility, i.e.the Annual Revival.As a condition of approval for events of significant traffic generation,we understand the property owner is to provide traffic control staffing. When events occur, it is hoped this condition of approval will also clarify if there is overflow parking, it will not spill into the adjacent Liberty Landing community. • It is noted with appreciation the hours of operation are specified and limited in the conditions of approval. • The Applicant indicated they would fix the perimeter fence as part of the Conditional Use approval. It is noted and appreciated Collier County staff has indicated in the recommendations,the fence is not only to be repaired, but also maintained as a condition of approval. • The Applicant indicated they would address parking lot screening from Liberty Way by installing the required landscape buffer. It is appreciated this statement has been made by the Applicant in their January 17, 2019 response comments to the Collier County Growth Management Division. We note the revised site plan while limited in detail, does indicate a landscape buffer. It is hoped this would include plantings to screen car grills parked in the parking lot as viewed from the entrance to the neighboring Liberty Landing HOA residential community along Liberty Way. There is one final point of clarification, regarding the staff report mention of the concerned party attending the Neighborhood Information Meeting on December 19, 2019. Habitat for Humanity of Collier County was the developer for the neighboring community, but the property was previously turned over to the Liberty Landing homeowners association and its members.The context in which I was at the meeting was as a liaison for the Liberty Landing HOA and its members who own the abutting property to the east.As stated at the December 19th meeting,the Liberty Landing HOA residential community is supportive of the proposed use with the conditions noted and attached to the Conditional Use approval. While a scheduling conflict unfortunately prevents my attendance at the public hearing on March 28`h, please feel free to relay the above comments to those concerned. .Wegaxds, Elizabeth Elizabeth Lazzara Director of Community Engagement 1 f ! Habitat for Humanity' Habitat for Humanity of Collier County 640 N. 9th Street— Immokalee, FL 34142 Office: 239-657-4466— Fax: 239-657-9044 elazzaraAhabitatcollier.org/www.HabitatCollier.org Donate Now www.HabitatCollier.orq Follow Habitat for Humanity of Collier County... lirYtw From: KellyJohn <John.Kelly@colliercountyfl.gov> Sent:Thursday, March 21, 2019 4:41 PM To: Elizabeth Lazzara <elazzara@habitatcollier.org> Cc:SmithCamden <Camden.Smith@colliercountyfl.gov> Subject: RE: FW/RE: CU Proposal at Liberty Way& Lake Trafford Road Immokalee PL20170003317 Good afternoon Elizabeth, I wanted to take a moment to let you know that the Beraca Baptist Church Conditional Use petition is scheduled for hearing before the Hearing Examiner on March 28, 2019, at 9:00 AM. Please find attached a copy of the Hearing Examiner's Agenda for that date as well as the Hearing Package that has been distributed to the Hearing Examiner for the purposes of this hearing. I believe that most, if not all, of your concerns have been addressed by the applicant. I'd encourage you to take a look at the Staff Report and note the recommended stipulations for approval. Please let me know if you'd like to participate in the public hearing process as the County welcomes your attendance. Feel free to contact me in the event you have questions or concerns that have not been addressed. Respectfully, John xelTy Senior Planner Zoning Division-Zoning Services Section 2800 North Horseshoe Drive,Naples Florida 34104 Phone:239.252.5719 Fax:239.252.6363 NOTE:Email Address Has Changed Email:John.Kelly@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning COY County Growth Management Department 2 From: Elizabeth Lazzara <elazzara@habitatcollier.org> Sent: Friday,January 25, 2019 4:58 PM To: KellyJohn <John.Kelly@colliercountyfl.gov> Subject: RE: FW/RE: CU Proposal at Liberty Way& Lake Trafford Road Immokalee PL20170003317 Hello John, Thank you for the helpful response, it is appreciated. I will share this information with the community members in Liberty Landing.As time permits we will review the information updates as they are provided and let you know if there are any remaining concerns. Have a good weekend, Eikabeth Elizabeth Lazzara Director of Community Engagement 40 Habitat for Humanity' Habitat for Humanity of Collier County 640 N. 9th Street— Immokalee, FL 34142 Office: 239-657-4466— Fax: 239-657-9044 elazzara(a,habitatcollier.org/www.HabitatCollier.org Donate Now www.HabitatCollier.orq Follow Habitat for Humanity of Collier County... You From: KellyJohn <John.Kelly@colliercountyfl.gov> Sent: Wednesday,January 23, 2019 5:13 PM To: Elizabeth Lazzara <elazzara@habitatcollier.org> Cc: BellowsRay<Ray.Bellows@colliercountyfl.gov>;SmithCamden <Camden.Smith@colliercountyfl.gov> Subject: RE: FW/RE: CU Proposal at Liberty Way& Lake Trafford Road Immokalee PL20170003317 Good afternoon Elizabeth, My apologies for not responding directly to your e-mail of January 4th, at that time I did not have the answers for you. Since that time it has been determined that the subject petition will remain under the jurisdiction of the Hearing Examiner(HEX). As the petition remains under review we do not yet have a tentative hearing date. The applicant is not required to conduct another neighborhood information meeting; the next public exposure to the project will be at the HEX hearing which will be advertised by mail, newspaper advertisement, and the posting of signs. 3 With respect to your prior e-mail. The initial e-mail that contained your list of concerns has already been viewed by the HEX and was taken into consideration at the time it was resolved that this petition would be heard by the HEX. Said letter will also be included with the hearing package which has yet to be created/distributed. All building permit and zoning processes are available for viewing by the public via the County's Cityview Web Portal. To access the Portal, please visit the following URL: http://www.colliercountyfl.gov/zoninq. Towards the center of the page locate the section identified as "The Zoning Services Section" and click on the hyperlink that is located within the portion that starts reads: "To schedule a meeting or check the status of a project..." Once on the page identified as "GMD Public Portal" please use the following path: Planning Department/ Status and Fees. Enter the project's complete PL number in the search box (PL20170003317) then click [Go!]. Once the page loads, scroll down to "Documents and Images" and click on same. All documents that have been submitted to staff for review will appear as hyperlinks. Generally speaking, the most current documents have a January 2019 date; the plans to which you refer should be contained within the link identified as "Submittal 6— Conceptual Plans." I'm unable to confirm exactly what has been submitted as I have yet to perform my review which is due on February 19, 2019. I hope that I have answered your questions completely. Please feel free contact me should you have additional questions or concerns. I'll not likely have additional information until such time as I have performed my review of the project. Respectfully, Jofin Kerry Senior Planner Zoning Division-Zoning Services Section 2800 North Horseshoe Drive, Naples Florida 34104 Phone:239.252.5719 Fax:239.252.6363 NOTE:Email Address Has Changed Email:John.Kelly@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning Lir Co leer County Growth Management Department From: Elizabeth Lazzara<elazzara@habitatcollier.org> Sent:Wednesday,January 23, 2019 1:30 PM To: KellyJohn<John.Kelly@colliercountvfl.gov> Subject: FW: FW/RE: CU Proposal at Liberty Way& Lake Trafford Road Immokalee PL20170003317 Hello John, This is a follow up inquiry concerning the Conditional Use proposal at Liberty Way& Lake Trafford Road Immokalee, application number PL20170003317. I did not receive a response from you to the message dated January 4, 2019 below, so your response to this inquiry is greatly appreciated. The adjacent property owners of the Liberty Landing community would like to know the following information. • Assuming the applicant will come back with a revised proposal for a public hearing, when would the revised site plan and any accompanying documents such as the planting plan be available for their review? • Can you forward these documents to my attention, or alternatively let me know where they can be accessed for review? 4 • In addition,will the comments I previously forwarded to you on behalf of the Liberty Landing homeowners and Liberty Landing Homeowners Association be attached to the staff report prepared for the hearing, or would another email message or letter be needed to be addressed to the Hearing Examiner and/or Board of Zoning Appeals? • Is there a hearing yet scheduled and if so, when and where is it scheduled, and before which reviewing body? Elizabeth Lazzara Director of Community Engagement Habitat for Humanity of Collier County 640 N. 9th Street— Immokalee, FL 34142 Office: 239-657-4466-- Fax: 239-657-9044 elazzara@habitatcollier.org/www.HabitatCollier.org Donate Now www.HabitatCollier.org Follow Habitat for Humanity of Collier County... f trTY From: Elizabeth Lazzara Sent: Friday,January 04, 2019 4:24 PM To: 'KellyJohn'<John.Kelly@colliercountyfl.gov> Subject: RE: FW/RE: CU Proposal at Liberty Way& Lake Trafford Road Immokalee PL20170003317 Hello John, Thank you for you the follow-up message, it is appreciated.Assuming the applicant will come back with a revised proposal for a public hearing, when would the revised site plan and any accompanying documents such as the planting plan be available for review? In addition,will the comments I previously forwarded to you be attached to the staff report prepared for the hearing, or would another email message or letter be needed to be addressed to the Hearing Examiner and/or Board of Zoning Appeals? Negcam.da, Elizabeth Lazzara Director of Community Engagement x Habitat for Humanity of Collier County 640 N. 9th Street— Immokalee, FL 34142 Office: 239-657-4466— Fax: 239-657-9044 elazzara@habitatcollier.org/www.HabitatCollier.org 5 Donate Now www.HabitatCollier.org Follow Habitat for Humanity of Collier County... f 11" T the From: KellyJohn<John.Kelly@colliercountyfl.gov> Sent:Thursday,January 03, 2019 12:10 PM To: Elizabeth Lazzara <elazzara@habitatcollier.org>; ronnydeaza@rdafl.com Cc: BellowsRay<Ray.Bellows@colliercountyfl.gov>; megangowell@rdafl.com Subject: FW/RE: CU Proposal at Liberty Way& Lake Trafford Road Immokalee PL20170003317 Ms. Lazarra, Thank you for the detailed telephone message you had left for me on 12/19, no contact number was provided and I had apparently not copied the correct e-mail address. Upon receipt of the NIM sign-in sheet I found the e- mail address not to be legible; however, I knew to hold for this e-mail... Please be advised your e-mail has been received and I am herewith forwarding to the project's Engineer/Agent so as issues can be addressed. Please be aware that all information that has been submitted for review, including the referenced traffic study, is available to the public via the County's Cityview GMD Public Portal. The Cityview GMD Public Portal can be accessed using the following path: https://www.colliercountyfl.gov/zoninq / GMD Public Portal / Planning Department- Status and Fees / [enter project number in search field — PL20170003317] Go/ Documents and Images. With respect to scheduling concerns, the applicant properly advertised and conducted their required Neighborhood Information Meeting (NIM). The review process for the project is nearly complete; however, I believe the applicant will want to take the time to address your concerns. Once the review process is complete they will be scheduled for hearing, most likely before the Collier County Hearing Examiner. This hearing will be properly advertised and signs will need to be posted to advise the public of said hearing 15-days in advance of said hearing. Realistically, given advertisement requirements, we'd be looking at a February hearing date. The hearing is the next opportunity for the public to voice concerns pertaining to the project. It is my belief that both the property owner and their agent are striving to be good neighbors and would most likely value any input you have to offer at any time. Additionally, the County will convey any concerns you may have to the Hearing Examiner and/or the Board of Zoning Appeals, whichever is applicable, provided said concerns are received prior to the hearing date. Over the next few days Staff will be in contact with the petitioner and hope that we can eliminate or resolve most, if not all, of the issues you have raised. Please feel free to contact me should you have additional questions or concerns. Respectfully, John Kerry Senior Planner Zoning Division-Zoning Services Section 2800 North Horseshoe Drive, Naples Florida 34104 Phone:239.252.5719 Fax:239.252.6363 NOTE:Email Address Has Changed 6 Email:John.Kelly@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning CO COUnty Growth Management Department From: Elizabeth Lazzara <elazzara@habitatcollier.org> Sent: Wednesday,January 02, 2019 5:03 PM To: KellyJohn<John.Kelly@colliercountyfl.gov> Subject: CU Proposal at Liberty Way& Lake Trafford Road Immokalee 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: 7 • 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. Condition of Existing Fence When it was brought up at the December 19th 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 plans 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. 5 egcwu6, Elizabeth Lazzara Director of Community Engagement Habitat for Humanity of Collier County 640 N. 9th Street— Immokalee, FL 34142 Office: 239-657-4466— Fax: 239-657-9044 elazzara@habitatcollier.org/www.HabitatCollier.org Donate Now www.HabitatCollier.orq Follow Habitat for Humanity of Collier County... i Tt 8 AGENDA ITEM 3-A Co er 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. Agent: Ronny De Aza 3702 Lake Trafford Road RDA Consulting Engineers, LLC Immokalee, FL 34142 3606 Enterprise Avenue Naples, FL 34104 REQUESTED ACTION: 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 2.03.01.A.1.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 .rrrr.rrMrr 11.01.01111101..-....' IC • ( ii . `c '- ; C a-1 oyal 1 vi- d � '+ LIBERTY war T j AVMA 11 "iCt \,4t 0• Vs.,9 7.-11 , M V}� ' g / N z C p, N- �_ a p 2 CO rt r__THS 1 �'' /T , y) Q o 1 O vl9 eouei6aty �s' P r` G 1� tom, o , r_'�.. 1., 1, 1 �l ,, 1 _ ) : ' 11 A— ,-.7":191-r" J 'd°° 1' Z CLN I - oil iayttu114011 1 4,rotQf 4141074".". b In/ rttill rt .4 oint1 C Z --- i :I a NI�rrrrrt��ti� ajjilfr + ' o irret I!►1 W ltrf�i�I!$1 �ti1wmmuu.� . t0, + ,tttQ��ttiigHrV�► o =11111111_ = f!► t4 �4 1'11111% IZ -� �� .� ,untt�' ttt • ,_ • �•ti4 titer i a :ir,Ill IIHNII111111111Wilh •r` �' ii -`I1111111111IN1t1 i 1��r��+lplrrru�� C �1 \!►�itra��nriir/iirr�4,i O co• 1, `n MI - •411, uun<<:j V %Ie /#irrrrri ♦ == Iuuuluu -•. ,. + 0 .aun�l auul► y O `Iuurur J .1. , 11 j-_ 91 CU-PL20170003317,BERACA BAPTIST CHURCH March 28,2018 Page 2 of 10 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 9,830±square 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. (1 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 @ .' 'S^,0 ,, , : look: 12 A , 1208 1 , 5. iirl ril i' 1204._ ,goo • Sl'I3ICCT ,1 1F L PR()1'L.R111 ', 1162' i I 9 .1188k l " 6 32 . 1 35 1 r.w ,a. 35 $ '84 r .3524 , J 4 0 1180 3704 it 3700 2 a } 3. 1176 �. �. ARR04'Jr IL AD "'--� 1282 1278E v 1266 1262 1258 -1254 r u C 1 1274 , y 1250 • a M .. ./unit, I r!. �. r 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 28,2018 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 AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3%of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways." According to the TIS provided with this petition,the proposed Church development will generate a projected total of+1- 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 3. 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: _ a7 JOI LLY).ENI R PLANNER I ATE ZO G DIV ION-ZONING SERVICES SECTION REVIEWED BY: 378 /7 RAYMO aV.BELLOWS,ZONING MANAGER DATE ZONING : VISION-ZONING SERVICES SECTION MICHAEL BOSI,AICP,DIRECTOR DATE ZONING DIVISION CU-PL20170003317,BERACA BAPTIST CHURCH March 28,2018 Page 10 of 10 111 jiJ 1111/111111}i_�1�11i 1 � i) I!#I1*�.�aII1i uENE101 ,11;1 t11 �1 ii l� a El Ulf ! l 111 Ii i Mil 64• $.2aoo* 5®0� r y, € Yti' I AIA IiiiiiilltiIl i (lin 1 ; lil Jill r1.--;_i'M i <`s '- sir. di — lz: " --L------------------li •-_,---- i kaill...-Pw.EBosiii,...4 i liPit i re 8 A/. -- i1I tillil i I lI 111 lid' b t,r� N .•.- i'l. W 1,1111/11 11111##11I101 a iil ii 's .., fi =i / ss` `J \ !t ,.:1 .EieaE.::r4r44 ,iiill r L° J °q IA .111 ill J 1: N I`---- .7123 i11lp....14 ..ltft. 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I I g u kt 1 % I 53415 AE !o mw F s g621"" _—_—,--:o, mn r r 1 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, lmmokalee.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. 1 Attachment B Condition of Existing Fence When it was brought up at the December 19th 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 plans 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. gegando Elizabeth Lazzara Director of Community Engagement A-Habitat for Humanity' Habitat for Humanity of Collier County 640 N.9th Street-- lmmokalee, FL 34142 Office: 239-657-4466—Fax: 239-657-9044 elazzara@habitatcollier.org/www.HabitatCollier.org N i r r o . www.HabitatCollier.org Follow Habitat for Humanity of Collier County... In 'YUe 2 I' PDA January 17,2019 Collier County Government,Growth Management Division Planning and regulation 2800 N Horseshoe Drive Naples, FL 34104 RE: Conditional Use PL20170003317 BERACA CHURCH-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 (rormsleaza r rdafl com)or call me(239-302-3280). Sincerely, RONNY DE AZA 78411 3606 Enterprise Ave,Suite 222,Naples,FL 34104.239-302-3280• info@r_cdaf&,cam •www.rdafl.com mmummommunnomillmillw Soil Ground Water Sampling Single family - Urban Lands 0 C is :€ z� .. 1111 E tl Y z 2 1 8 1— d rr yp a i Q F g a U ..,, i1 ' ,a m §ov 5`o1 3l$pg 06o 1;,00 C, �S 3a>acNU2 il 1 g ii I �� N :STH LN r. __..` td 3KRYS �.�� r'2 Yr-.._,ct�,... ... ,p ilIN GO LH t,.•• .. —. Y i w \\______. . } _ L� ^ —� r ' r I I --- -c----' H' • r; -s. • , J • r tx #144 h ,,z ' Y1 f/... . , i4 -1:'1'. , - , -'T'J c c tr . ;"..7"1:11i. - 4 6 a Y 0 .n t z+- z 4 O M H Q N U i O ra E a 0, y: J E N N a 3 EncR 2c c ro •3 O O a o as2 m o ` O p 0 a 0 o cn z,0 nm o') u y c a N >. N N O • L" i .4 .. ,, i _ r, «:; anna(r DOOM/� m o his r ,fib: 1 -t t 4 h y cr. ttil 42. " g • v ., f .h m Z v - >.o Z �Ii-. 4 :,,..„......,•„, , , .,,, _ li ja , s LIBERTY IMAY - Ct U1 RS CD _„y-,, . . = • V p y x. fir, .." . .‘::::4'. 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Slash pine Pinus elliotti FACW Cp,D Cabbage palm Sabal palmetto FAC M,C laurel oak Quercus laurifolia FACW Cp,0 wax myrtle Myrica cerifera FAC+ M,0 Broom sedge Andropogon virginicus FAC- G,0 Caesar weed Urena lobata FACU G,0 Virginia creeper Ampelopsis quinquefolia FAC G.0 Cat-briar Smilax spp. FAC G,C Poison ivy Toxicodendron radicans FAC G,0 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,0 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,0 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 Surrounding Area 0 111 Single Family Homes 171 Educational Facilities 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) git'l t-i 10. z4,>- ill" . ,,..,. 11;fi cn w O t K 1 b 0 =Oci, 1 z 31 (..) .. `2.g...c U.) o 0 !1!9i 3 .ligJN,?,31 k1:0 fil gt,0it a g. fig5 ,,. l _ . _,. , 01. ,...t.,:. t...,.. larm.- . ...1 1 • , ._. ....... . ; , ' . ,. .,..., ._. .i• ,,...'i '. , •,.- 1 , . . . .,• ., ., , ,‘ .., ,,.. . ' „ , ..„ , . . . . , L.., • . , ......„,,,.-i-w.i---v'f—' . . 1-1 i,,,_ jel::2,..:s't".1*-------...:1,:..,,,_-.,,,,F. ,„,,,......„,‘, k . I 'A i'4,_,t,.,„ .t.:',.. ' 4;',IL -• I ,---.' , . ,,' - - ,. ,' i, - ' , '' - ,, - ,• '''• . , ...f - .. , v.--,,..,,,.,,,,4 , ..., , ,,,,..„.„ ...-4,, I , . 'VS. ' . 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' *1'''''' -''''t'-'L'''''''''''''''''7,- ..;•'-;• : ,.'.„ , .-_,,i. •"t: -,:l '''' ''t;.-••• i - : ;,;''47--.-• ,' -,.,-,1,',t- '',21-", .•. .• L- .i.4, '. .?.,r, ' , '-4.4..,k '..... - ftli....V ..' i'' .. '.....:* ' ,,A. , .,' '.- •_,,,_`• , ...1_, , .,,,.. --,.:;:.,,.-...;,.....-„:4 7- --,,,..,',-,. -; ,_.:..„„:-.,_ _.,_-.. . . Iv Qy Cr 0o zb, � 1-= z Q w z � � Z j T O 2 c al I"? U7 p 7 N 9 Z O m p V c ti c Lao o 0 Q ULIIIDHI * a * v kI,is .x .0 r E � , • .5 L ' r = t- Liberty Way -��- ft o ,. $ I, <x ttt ! • } N: 4n r fl'.''.' i !!, a' -°i 7 ,,,-,`- t o ro E � a Iti:, '_'''*-. _. '....-.: .:. . .C y ... A 22 F . o• > Ta 2 c a 1 -6: Z t o a C. t • to po ,_ A N H W ` 8 illitik„_„. ..'-: , ' '%e, . 1 — ''''V " . .'.`Q-2 ti G s f 5# iPa a • 's, ,y 0.1 CO • • •F :,.-- • Sit, "- _ .=r7 -.5 LiI": �� ..,;.:,i.,:.:0., r � ( ;, 3 m ' .,' ,w M1M1fi ��,:3 .a.` n 9 V 41 N O C 1', U °u COLLIER COUNTY SOIL LEGEND REVISED 1/90 H. YAMA.TAKI HYDRIC • H 2 HOLOPAW FS, LIMESTONE SUBSTRATUM H 3 MALABAR FS. • H 4 CHOBEE, LIMESTONE SUBSTRATUM AND DANIA MUCKS DEPRESSIONAL H 6 RIVIERA, LIMESTONE SUBSTRATUM-COPELAND FS 7 IMMOKALEE FS 8 MYAKKA FS 10 OLDSMAR FS, LIMESTONE -SUBSTRATUM 11 HALLANDALE FS H 14 PINEDA FS, LIMESTONE SUBSTRATUM 15 POMELLO FS 16 OLDSMAR FS H 17 BASINGER FS H 18 RIVIERA FS, LIMESTONE SUBSTRATUM . • 20 FT. DRUM- AND MALABAR .H_ IGH FS . 21 BOCA FS H 22 'CHOBEE, WINDER AND GATOR SOILS, DEPRESSIONAL H 23 HOLOPAW AND OKEELANTA SOILS DEPRESSIONAL • H 25 BOCA, RIVIERA, LIMESTONE SUBSTRATUM AND COPELAND FS DEPRESSIONAL 0 27 HOLOPAW FS H 28 PINEDA AND RIVIERA FS 29 WABASSO FS H 31 HILOLO LIMESTONE SUBSTRATUM, JUPITER AND MARGATE SOILS, 32 URBAN LAND 33 URBAN LAND HOLOPAW BASINGER COMPLEX 34 URBAN LAND IMMOKALEE OLDSMAR LIMESTONE SUBSTRATUM COMPLEX 35 URBAN LAND AQUENTS COMPLEX ORGANIC SUBSTRATUM 36 UDORTHENTS SHAPED 37 TUSCAWILLA FS 38 URBAN LAND MATLACHA LIMESTONE SUBSTRATUM BOCA COMPLEX . 39 SATELLITE FS $ 40 DURBIN AND WULFERT MUCKS • - 41 URBAN LAND SATELLITE COMPLEX ."' 42 _ CANAVERAL BEACHES ASSOCIATION H 43 WINDER, RIVIERA, LIMESTONE SUBSTRATUM-AND : - CHOBEE SOILS DEPRESSIONAL 45 PAOLA FS (1-8 percent slopes) H 48 PENNSUCCO SOIL (marl prairie) • H 49 HALLANDALE AND BOCA FS (slough) ' ,. R 50 OCHOPEE FSL, PRAIRIE (marl) H 51 OCHOPEE FSL A e- 52 KESSON MUCK FREQUENTLY FLOODED H 53 ESTERO AND PECKISH SOILS FREQUgNTLY. FLOODED H 54 JUPITER BOCA COMPLEX H 56 BASINGER FS, OCCASIONALLY,FLOODED . —C/1") N E _ N K1° 12 5 .2 E = O m o o d a) N = V a� 0 Et "0 (r) () U a Cl) I - • LlbeKyMay .. 7 ^3• _ _e�.. _..;� ti- "-� '8 ^' it 411 4 • y ! ' ¢ tn• 4.4 • ,., ` of t +vs E $ 0 „A'/ w c , } 3p to { �k `, J #`V t{) F { Y S• LL • 4 t/1 ' C CU 0.1 lb • 8 8 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 III 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 T. setacea FDA/T 0 Listed Fauna See Attached Identified Vertebrates Conclusions 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. 10111 £• 0E nN 0 z O „ 'li! I- 5.ii Q v �s Ca U a Y. gO o4nd ' tiI 0vAi ;§ nOUn5_ gtm E W 36.,'641884kilig ya�rfr -.•'ice ,' I— _ Sit IA C�� .O'er j —_ , I I i ' ` h u 1 I —1I \ ( N „,,,,, i 0 \ —1 h AK f I j I 1-'11j 1 :., Li nii„ rr 1 .1 III.•s 1 4 ”:lt: ,- 11; ' '''.1 i ' :--7-7.--, - 5 . , 1-, l. x f 14 By rn 1 I, .,i , 6 •r'' °w �-I 1--1,y0s 3 1l 1 .._....Ha o O I— Q 0 U w U O Q co C _1 IL- coan at • a, '3 c w rn o m s p U o S. ,--, 0 ;f1• ` c N O ,- o u d iin m 4) = U C d T a) y o- a '� a Un Un U a • r , :. w • . ,.... _, .• / av:r.. _t QAl9 NiiO3N17 m :13:15;21 wr d . ,. " , -, r 4 ,t , : , -..‘,0k„,....„.. . .. . 1 4. .1, , j • �. 1L • IV, .@I iy y ` • 'r�It'3* X41- V 1 W!![ar NpU • a7 3 a I. u, x a t. c J w A J m O ` • _ .iS N d LIBERTY WAY • ,r 0 m - :_ _ 11111k.1 t- ,, 171. 7,:•4 ,o'44.- : VI I kg- r FA }w i - ._' — .._ _ _ °:,,,,.,,,,,,,i_.: _ c.92 n Id CO ! ICI Fo v 3 •. . a. fa" L 0 • 1 F c o i aro^,� r C -....m:: mai ' r • E tn N 111 tfl ALLEGIANCE . _...-_. „... . .-7. ... ......,,� �. Y_ ,sI i saUn Vo 0 Jy ulN V d -- N E = !0 m aO m Q) N z. N N 8 U u°iinUa y A 4w • _ . ,„ ..,,, 4: ,,,,....., . „ , ., ,_ 4 W' . . N.* t' 1.." ' . ' 46444 .446, I ' 4 _ -.it. ....: .... <. 3 • ,„... . . b, , , ." C 4xi = f,,, ,-... . , .4.4.,:‘* , . - - J' ' �1r faw n •,.+ y + : m �.. J r> c • . if }r s i i ' r':5 fM1"{ itt 4,1.04s,: ✓`"SSI •y v ill • 1, �yy A". it Y.'s.., r Y fi R�� rte„ x '."1" ^J" �jt • Of W 7Nl • F 1,. - , IN., it $14. �y�► c' .,411 -• _ r ' 14+ *OA'''. ' ...7..,%-..N:'-c-----. '74,- 4",":4 'f," M } .. K� Bim. S t ..4 . ! C R m„,-•="°":41"4:77 aima..r- i* <o Li + atm ge '4°"'1; + y , f,- ,--.,- * 5. • ... . - , P '{ '.9 £ O __' #t: n FLUCCS CODE AND VEGETATION INVENTORY 0 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,0 wax myrtle Myrica cerifera FAC+ M,0 Broom sedge Andropogon virginicus FAC- G,0 Caesar weed Urena lobata FACU G,0 Virginia creeper Ampelopsis quinquefolia FAC G.0 Cat-briar Smilax spp. FAC G,C Poison ivy Toxicodendron radicans FAC G,0 Grape vine Vitis rotundifolia FAC G,D Whitehead broom Spermacoce verticillata FAC G,C 510 Creek/Waterway ".3 This is a narrow meandering drainage/creek Cabbage palm Sabal palmetto FAC M,C laurel oak Quercus laurifolia FACW Cp,0 Guineagrass Panicum maximum FAC- G,0 . Swamp fern Blechnum serrulatum FACW+ G,C Exotics Brazilian pepper Schinus terebinthifolius Exotic M,C Wedelia Wedelia trilobata Nuisance G,0 Eninhvtic 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 Surrounding 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) lir . 1111 G {,t ,y_'� fe aj yx 4- - K .a _ • _. s .+54�.4'. 7 . 9 .• '''''1/4-71‘i 0 ..4` I j(, - YT. y v ai {( if "I P l',' :,, -- . I f t n, :' y . 44.1,1. } N' a 0 p:".. i ,.. ..,---,,, - - -,.. i' : ; ''.', .!---..', . - - , -_, , , - i( I ' =K§ ..uk.� ix'.wLL,...,.................- 1 F ... a'.la. .I�_* v,.�a a. .++a, r ` A Hi 1 toil; ' I "IAAA r -11 _ _ __---"lar*' .a. .. ... t ) G giii Z l3;..1 iiiO�G$N�O 'ii'29. 1Z ill i l! " _ 5? -dS, c C yn9m C) og w 0 gi 4m a UI 5i;$ m 0 3 ( 0gRv w 0 0 oTi V ii x b .0 OLY m a 3 a.9 z Q L ra a ". . awoUgrim U) § a68 In m grtgi 2 I. a icc 11 .1440 , 61 a 1 ac Q " ILLIg a a a g " 0 VIIMM91 ° Ill > d LI .1 aam Ca Qa m a El W >• a o mi., mAtil4g mm a 810 ce °' § p� o N N `a a a 0 2 0 8 q a • a 2 II d q AAII • c c o lilt • > a a U W INHHi1f z co >"` k 'Al N d CoJ 6% ,et a kw Cri off r 4gyp( A w U a v a AA ► O C cz z V'' . itac c „ N t'9 U, a [ gE col ` z I' 2 * I s1tlz w t. °- a 0 ct } a a. IT a. a aaaarr o o -g i ' nt = LU 1 rrrppp tv .. n3 ' G O 2 'U r w 0 N N r w G i m 1 O _ N A re a+ co a C2. it 5 e .g q 0 3 ftas v i 1 t .1 mq t 0 N di . td NORTH M.T.S. o o Weetclox St o. w Q Curry Rd yo• 1 __J % `4 gm n. c IF 55% d 'f �\ 5—%0. <: g °�► .1— H Lake Trafford RD t U ai m— S ti N z z z ``` .4r* � 04 O Immokalee Dr \mfa I ``� '�a IE;dbetts Ave 1 • Main St (SR 29) 8oebn Ave y W. C elow,are`r p Cclorado Are ta Eustis Ave Carver St ti a e m oo 0 E LEGEND 00% Residential Traffic Distribution J MB TRAMSPORTATIDH EIMGIMIEERIMI, INC. Berraca Baptist Church PROJECT-GENERATED FIGURE 2A November 30, 2017 TRAFFIC DISTRIBUTION MA TABLE 1 TRIP GENERATION COMPUTATIONS Berraca Baptist Church PHASE 1 Land Use Code Land Use Description Build Schedule 560 Church (Weekday) 4,442 s.f. 560 Church (Sunday) 75 Seats • Land Use Code Trip Period Trip Generation Equation Total Trips Trips Enter/Exit LUC 560 (Weekday) (Weekday) Daily Traffic(ADT)= T=9.11(X)= 40 ADT AM Peak Hour(vph)= T=0.56(X)= 2 vph 1 /3. vph 62%Enter/38%Exit= • PM Peak Hour(vph)= T=0.55(X)= 2 vph 1 /1 vph 48%Enter/52%Exit= 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.I & 2 • 560 Church (Weekday) 8,442 s.f. 560 Church (Sunday) 150 Seats • Land Use Code Trip Period Trip Generation Equation Total Trips Trips Enter/Exit tUC 560 (Weekday) (Weekday) Daily Traffic(ADT)= T==9.11(X)= 77'ADT AM Peak Flour(vph)= T=0.56(X)= 5 vph 3 /2 vph 62%Enter/38%Exit= PM Peak Hour(vph)= T=0.55(X)= 5 vph 2 /3 vph 48%Enter/52%Exit= LUC 560 (Sunday) (Sunday) Daily Traffic(ADT)= T=1.85(X)= 278 ADT Peak Hour(vph)= T=0.61(X)= 92 vph 46 /46 vph 50%Enter)50%Exit= e'.3-t. Ia n e_ war 1-4,74 iioW Ze a./e�f o''' -St( ct az) 4ta ea.Jc, A014 r M7 o)• N a= NORTH N.T.S. West°lox St ``via 4. Curry Rd °q oe • "*.1 Lake Trafford Rd 5 6 y ti o oI a g � tie 3 Immokaiee Dr Ito Po. e Roberts Ave a ` \ Main St ;SR 29)r eastAn Aye W. telaw re Cc lorado Ae UJ Eustis Ave Carver St 0 gm LEGEND INTERSTATE HIGHWAY 8—LANE ARTERIAL OM s o 4—LANE ARTERIAL/COLLECTOR 2—LANE ARTERIAL 2—LANE COLLECTOR/LOCAL RAIL ROAD -- -• • • JP4 TRA NSPD TATLIEIN! ENIO4P1EER'IWG1. PIZ. Berraca Baptist Church Project Location & p Roadway Classification FIGURE 1 November 30, 2017 AA L • i t! 1 • i' si / C44' ''' • H321fH3.LS1ldV8 VOV 3 39 :.Lo3rcad 1i u h K.) • II if , Ili &Uli 1 k 19999 1' 9 1 I , 9: SAS§& 1 1 1 1 VII p I _ 1 liiiiiiii li ti 111.1ill flATOI 10Wad Wvpuo, AVM Aldan „..,wvo. -067.s,--7,-- ,,,..-�;,_„, yarn �_ _ tIPu , S h k e mit El 0 'Ell .1 n .._.N_ ., _ I ..I , if 14-1211. .v.,-_---4- .. M 10A ii g a rr O. ILO/ " !o Special Features: (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 Metiiodollo imust be paid to Transportation prior to o sign-off on the application. SIGN . �'•'��; Stub Preparer "dr / - elt.A.ck f Z eh? Revie ers Applicant CSUsersUemWesktopIPROJEG7Sif Collor C400417101 f BIM=BOOSt ChurchWelhodokeftortdoc • Study Thu: Small-Scale TIS Study Area: Boundaries:Based upon the County's 2%.2%&3%impact rule. See attached 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 Trip Generation Manual, 9th Edition - Weekday trips estimated based upon size of structure, Sunday trips based upon number of seats (See Table 1) Reductions in Trip Generation Rates: Pass-by trips: Internal trips(PUD): Transmit use: Other: Horizon Year Roadway Network Improvements: 2021 per Collier County's 5-year CIE. Methodology&Assumntions Non-site traffic estimates: See Attached Site trip generation: See Table 1 Trip distribution method:Based upon manual assignment(See Table 2A&Figure 2A) Traffic assignment method:Based upon manual assignment(See Table 2A&Figure 2A) Traffic growth rate: Per Collier County AUIR Report, using growth rate or vested trips method,whichever is greater. G"Wso*.pmesM13KIADestdopWPRDJECTS1fColorcr,n►9Afl4011eaumowsapcsrchnno lee o9yRapo*doo AA'A • APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date: 12-4-2017 Time: N/A Location: Collier County Government Offices(North Horseshoe Drivel People Attending: Name,Organization,and Telephone Numbers 1)James M.Banks, JMB Transportation Engineering,Inc., 239-919-2767 2) Stephen Baluch, Collier County Government 3) 4) tudv Preparers Preparer's Name and Title:James M,Banks,P.E.,President Organization: JMB Transportation Engineering,Inc. Address & Telephone Number: 4711 7th Avenue SW Naples,Florida 34119 (239)-919- 2767 Reviewer(s): Reviewer's Name&Title: Stephen Baluch Collier County Transportation Planning Department Applicant: Applicant's Name: Address: Telephone Number: Proposed Development: Name:Berraca Baptist Church Location: 3702 Lake Trafford Road Land Use Type: Worship/Church rth Code#: LUC 560 Proposed number of development units: Phase 1 -4,442 s.f.and 75 seats. • Other: Description: Zoning: Existing: Comprehensive plan recommendation: Requested: Findings of the Preliminary Study: See the attached GWaeasUVnes AiBothiDasldop1PROJECTS1Coat Couey1171D11Beams&pastC • AA�J a JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES f 1 1 IJr S i TRAFFIC IMPACT STATEMENT f METHODOLOGY REPORT 1 For # 4 Berraca Baptist Church (Lake Trafford Road, Immokalee, Florida) I December 4,2017 i I 1 1 1 j County T S Review Fees TIS Methodology Review Fee = $500.00 TIS(Small-scale Study) Review Fee =$0.00 i 1 Prepared by: 1 JMB TRANSPORTATION ENGINEERING, INC. 471 1 7TH AVENUE SW NAPLES, FLORIDA 341 19 • ' CERTIFICATE OF AUTHORIZATION NO. 279irrlrrnrpn3D `••` 4s M. al ,i,,.. , (PROJECT NO. 1710111 No 43860 `t Z - t * t , E, .. 1 STATE7Z... ) 7 O JAMES BANKI��,. tFC 0 RN CIA& .`� FLORID• REG. Na.lif ' pNp1.SN.4 •`,• ,,hIrIHiiiit AAI • AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMB_ERS(S) I, Are, 5• £JJe g (print name),as iheti,( (tide,if Ie)of Berraca ba tint Church (company.If a tcable),swear or affirm under oath,that I am the(choose one)owner applicant purchaser and that 1. I have full authority to secure the approvals)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code;. • 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of Investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize aauavmacxmr >s ,LLc 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.pre.or v.pros. • If the applicantt is a Limited Liability Company(LLC.)or Limited Company(LC), then the documents should typically be signed by the Company's Mbfanaging Member.' • if the applicant lee partnership,then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general Partner'of the named partnership. • If the applicant Is a trust:then they must include the trustee's name and the words'as trustee". • In each Instance, first determine the applicant's status, e.g., individual, corporate, trust,partnership, and then use the appropriate format for that ownership. Under penalties of perjury,I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. ze /a4,-.4/2.1 d if / Ra rt Da STATE OF FLORIDA COUNTY OF COLLIER Th regoing instil t (or Aimed)and subscribed before me on / (date)by f , /G'7 /�[� (name of person providing or affirmation).as who is personally known to me or who has produced (type of identification)as identification. STAMP/SEAL Signature of Notary Public TEVENOT ETIENNE • �:_)� MY COMMISSION#FF109958 EXPIRES-April 6,2018 aisagegazongcwm REV 3/34//4 6 'd 0/.9 '0N'°N NOINfl ISVOHNOS 11d60,E 8106 6 'lay AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I, l'_t ^ '1, a t1 •ri, , : :),: h, ✓ (title,If applicable)of : KW�:.'0! ' .i , / .. 11u;.:27,.company.aIf ap le),swear or affirm under oath,that I am the(choose one) • I'4 applicant$%..• i :. purcha 11 nd that 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. t 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 wit be transferred, conveyed, sold or subdivided subject to the conditions and restrictions Im••: 5. Well authorize ' r, L, 6 I Ne4l 'to act as our/my representative in any matters regarding this approver ndueling4 th • .1 2 above. 'Notes: • If the applicant is a corporation,then it Is usually executed by the corp.pros.or v.pros. • If the applicant is a L knded Llabilny Company(LLC.)or Limited Company(LC.), 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 Isnited 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., individvaL corporate, trusL partnership, and then use the appropriate format for that ownership. Under penalties of perjury. I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in It are true. 001/,VVIE $ re • STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to(or affirmed)and subscribed before me on 61 .2 i P (date)by ( UQ..A 5 &i,32 krlu i S (name of person providing loath affhmation),as who Is personally known to me or who produced 'FL-i7 C (type of Identification)as identification. 4C7C--ri sTAMPISEAL Signature of Notary tub Ic �� r ^ MASA— .JOHNSTONE .t MY COMMISSION#OO 107845 '-,,,:-.,,:i•:,„,- EXPIRES:May 23,2021 CP1O$.00A 01th15S REV3/24/14 9conty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 FAX: (239) 252-6358 Date of option: Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form.Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples,FL 34104 4/4/28 Agent/Owner Signature Date RONNY DE AZA Agent/Owner Name(please print) • Created 9/28/2017 Page 3 of 3 Cover County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP,list the name of the general and/or limited partners: Name and Address %of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address %of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired 02/16/18 LI Leased:Term of lease years/months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 S&9! ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.collierxov.net (239)252-2400 FAX:(239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf,to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL,tenancy by the entirety,tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address %of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address %of Ownership BERRACA BAPTIST CHURCH, INC 100 PO BOX 922, immokalee, fl 34143 EVENS SAINT LOIS, OFFICER, PASTOR MARC S. BELLEUS, OFFICER, PASTOR c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address %of Ownership Created 9/28/2017 Page 1 of 3 M RDA 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 ronnvdeaza@rdafl.com 3606 Enterprise Ave Suite 222, Naples, FL 34104 • 239-302-3280 •www.rdafl.com RDA Consulting Engineers, LLC e. Please provide any additional information which you may feel is relevant to this request. • The proposed project consists of 1 Church only for Phase and parking lot for 75 church seats. ADENDUM 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 'k�M RDA 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 Enterprise Ave Suite 222, Naples, FL 34104 • 239-302-3280 • www.rdafl.com _i, ,1" , 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. Itosimiiiii .s% 000DE ,q°so ..( CEIV •• '0 • • • • :411 • Sincerely *: * = :1• 20• TATE OF :11-/Z w. �1.��`•S,/ 0 R 1 O c, :.• 1., Ronny De Aza tiV,,/ON Al- `6' 04`s PE 78411 239-784-2515 ronnydeaza@rdafl.com 3606 Enterprise Ave Suite 222, Naples, FL 34104 • 239-302-3280 s www.rdafl.com 9* 5!untY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliereov.net (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: • 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 9nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.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 Coll er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX:(239)252-6358 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 5`h 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 Date RONNY DE AZA Agent/Owner Name(please print) 10/14/2017 Page 10 of 12 Coker County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collierRov.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: 1-1 Executive Triangle Redevelopment: ri Emergency Management:Dan Summers;and/or Executive Director EMS:Artie Bay ❑ Conservancy of SWFL:Nichole Johnson ❑ GMD Graphics ❑ City of Naples: Robin Singer,Planning Director ❑ Utilities Engineering:Eric Fey ❑ Parks and Recreation:Barry Williams 0 Immokalee Water/Sewer District: ❑ Other ❑ School District(Residential Components):Amy Lockheart Communication Towers: ❑ Mosquito Control ❑ Collier County Airport Authority ❑ Naples Airport Authority Commercial Mining: ❑ Impact Fees 10/14/2017 Page 9 of 12 9rGontY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (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 (1 A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.1.of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At 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 Required Completed Application(download current form from County website) 1 /�� ❑ Cover letter briefly explaining the project 1 0 Pre-Application Notes 1 Q Affidavit of Authorization,signed and notarized 0 Completed Addressing Checklist 1 ❑ Property Ownership Disclosure Form 1 ❑ Warranty Deed(s) 1 0 Boundary Survey 1 ❑ Conceptual Site Plan 24"X 36" plus(one 8%2 X 11 copy) 0 0 Plans showing proposed location for utilities,if required 0 0 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 ri ❑ Current aerial photographs(available from Property Appraiser)with project 1 ❑ boundary and,if vegetated,FLUCFCS Codes with legend included on aerial. 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 0 ❑ Traffic Impact Study(TIS)or waiver 1 ❑ ❑ Historical and Archeological Survey,or waiver 1 0 n Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials to be 1 ❑ ❑ submitted electronically in PDF format. *If located in the Bayshore/Gateway Triangle Redevelopment Area,include an additional set of each submittal requirement 10/14/2017 Page 8 of 12 Coilkr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239)252-6358 I 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 9g9nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.collierxov.net (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 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST APPLICANT INFORMATION Name of Applicant(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 0 b. City Utility System [✓. c. Franchised Utility System ❑ Provide Name: d. Package Treatment Plant ❑ (GPD Capacity): e. Septic System ❑ TYPE OF WATER SERVICE TO BE PROVIDED a. County Utility System ❑ b. City Utility System ea c. Franchised Utility System 0 PROVIDE NAME d. Private System (Well) ❑ Total Population to be served: Peak and Average Daily Demands: 500 A. Water-Peak: 1750 Average Daily: B. Sewer-Peak: 1575 Average Daily: 450 10/14/2017 Page 5 of 12 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239)252-6358 EVALUATION CRITERIA Pursuant to LDC section 10.08.00 and Chapter 3 C.1 of the Administrative Code,staffs recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the 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? 0 No ❑Yes (If yes please provide copies.) 10/14/2017 Page 4 of 12 9tY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliereov.net (239) 252-2400 FAX: (239)252-6358 ADJACENT ZONING AND LAND USE 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 AGRICULTURALzoning district for CHURCH (type of use). Present Use of the Property: SINGLE FAMILY RESIDENTIAL 10/14/2017 Page 3 of 12 9j&9unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239)252-6358 ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: 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 • 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 Plat Book: Page#: Section/Township/Range: 31 /46 /29 Subdivision: 100-ACREAGE HEADER Lot: 2 Block: 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 10/14/2017 Page 2 of 12 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.coiliereov.net (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 E]A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS El 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 State: FL ZIP: 34104 Telephone: 239-302-3280 Cell: 239-784-2515 Fax: 239-302-3281 E-Mail Address: RONNYDEAZA@RDAFL.COM 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 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 I 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 I0.02.3.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. WILDLIFE SPECIES OBSERVED Common Name Species Status Amphibian & Reptiles: Brown anole Anolis sagrei Birds: Dove-mourning Zenaida macroura Mockingbird Mimus polyglottos Red belly woodpecker Melanerpes carolinus Crow,american Corvus brachyrhynchos Bluejay Cyanocitta cristata Gray catbird Dumetella carolinensis Cardinal Richmondena cardinalis Mammals: Virginia opossum Didelphis virginiana Raccoon Procyon lotor Nine-banded armadillo Dasypus novemcinctus Gray squirrel Sciurus carolininsis Ir91 RDACONSU LTI NG 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• ronnvdeaza@rdafl.com•www.rdafl.com RDACONSU LTI NG ENGINEERS 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• ronnvdeaza@rdafl.com •www.rdafl.com PDACONSU LTI NG ENGINEERS 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• ronnvdeaza@rdafl.com•www.rdafl.com RDACONSU LTI NG E N G I N E E P S 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 /?AY SgLc.ow.S C0((icl t/� r'7 �mAi c RAY• a /otw5 4! r0/6'4tathi <t 2 J t) ,-- L ke tfht4l4ef 67.4a. )tn/ 3 2W P- 'c l,ntc t.e A -@ -o��Lt 4 r914- �»rt � ?.v'�r/`✓ — 5 1 c-Ati , 7r). 661f Ogrif-it)(3- 77- ArALL 8 P‘bt CA 1 Wirt 9 5'.ie-44, <'^ 5,4 c/f,„.L/i 1 10 0-C c g 6o/,1 7! 11 12 13 14 15 RDACONSU LTI NG NEEP", Agenda 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 • 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 • ronnvdeaza@rdafl.com•www.rdafl.com AFFIDAVIT OF COMPLIANCE C 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, pr perty owner's list, and c y of newspaper advertisement which are hereby made a part of this Affidavit of C Thane (Si ature of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this 8th day of 20 March , 2010 by Ronny De Aza ,who i ersonally cknown to me o who has produced as identification. (Signature of Notary Public) (Notary Seal) Megan Gowell Printed Name of Notary I ;4vgv. 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Y ' ft 'f .5, -_ FI" �, ',,//S , t { ' } Co er 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: 6] 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. ,,mow Numw LOCATION: The ±3.54-acre subject site is located in (mmokalee, 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, ow. 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 LAMP. *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 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: ComplConsistency Reviews\2019 \\bcc.colliergov.net\data\GMD-LDS\CDES Planning Services\Consistency Reviews\2014\CU\CU-PL2017-3317 Berraca Church R6_rvsdFNL.docx PAGE 3 T _ NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,March 28,2019,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104, to consider: 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 y DEVELOPMENT CODE FOR A 3.5± ACRE PROPERTY LOCATED ON THE NORTH SIDE OF LAKE TRAFFORD ROAD,APPROXIMATELY 1000 T FEET EAST OF LITTLE LEAGUE ROAD IN IMMOKALEE,IN SECTION 31, v TOWNSHIP 46 SOUTH, RANGE 29 EAST,COLLIER COUNTY,FLORIDA yr po !LI- 1 PROJECT_1,11.cT " LOCATION - --c,nrTRIbN RD' 'a �----'—�+-Lake TifloM RD r Lake Trafford RDm LekaTrz Run1'RD-- N fir► 5=W �� 8 a s� stwirBush STE ~S� at NI air 4 N All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered.Any person who decides to appeal any 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 to evidence upon which the appeal is based. 11- If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida Nou.,z,o L AGENDA ITEM 3-B Col .der County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: PLANNING AND ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION HEARING: MARCH 28, 2019 SUBJECT: ZVL(CUD)-PL20180000209, TOLLGATE COMMERCIAL CENTER PUD PROPERTY OWNER/APPLICANT/AGENT: 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 Toll 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 1D/Folio Number: 76885050403. ZVL(CUD)-PL20180000209 Tollgate Commercial Center PUD Page 1 of 7 March 1,2019 ^ .;:4nw w•a 41%11 -- I 3 . Z =° 2 i I U i W .. ll 17b7J1 a 8 QV o n Oki a a g v N ICU V N WJ m i 11,2 << Q ^ S ' ._u. N 0 Q W Lj C 0 �^ 0 Z • •0 J -e L3wt OA1e S - ' N a ~ ~imp O i O a4 r a ' O ,� I 1 1 ' i �� O N CD laE m z c 0 z :� uo d cv 2 c O co U O a : Jo!moo J a J ca 0 R a ZVL(CUD)-PL20180000209 Tollgate Commercial Center PUD Page 2 of 7 March 1,2019 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 J. SMINEWIC Ir.:Mousey DR 11111 tp t.. ; _.ML �. 1;.1 I.( 1 : .R 1 ' fi ll Aerial Photo (CC-GIS) PURPOSE/DESCRIPTION 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 I-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 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. 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: 1. 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 I,2019 PREPARED BY: e."3/4.1e>/9 JO A.4 L Y, SENIOR PLANNER DATE ZONING DIVI ION REVIEWED BY: / C RAYMWD V. BELLOWS,ZONING MANAGER S ATE ZONING MANAGER MICHAEL BOSI,AICP, DIRECTOR DATE ZONING DIVISION ZVL(CUD)-PL20180000209 Tollgate Commercial Center PUD Page 7 of 7 March 1,2019 IN. Goe- r County ....„...•••••46.00.4...,„. Growth Management Department Zoning Services Section January 15,2019 Robert J.Mulhere, FAICP,VP Hole Montes,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: 76885050403. 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 Plan (GMP), the subject property is located within an area identified as an Interchange Activity Center, specifically, Activity Center#9.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 0441,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 I-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-6260,as amended,Tollgate Business Park Three.Said SDP tC:11 : ;fir Zoning Division•2800 North Horseshoe Drive•Naples,FL 34104.239-252-2400•www.colliergov.net Attachment A Zoning Verification Letter ZLTR(CUD)-PL20180000209 Page 2 of 3 reveals approval for a unified development of+1-4.59 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 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, 10th 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, SDP-2004-AR6260, as amended). LUC 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 Verification 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. 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(MRI.09)oevn3inoe 0J.Y 1101 w ,.„=__' -- z 3 22 I J $ ruty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX:(239)252-6358 Comparable Use Determination LDC sections 2.03.00 A, 10.02.061 & Code of Laws section 2-83—2-90 Chapter 3 G.6 of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED ❑✓ 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., #807City: Naples State: FL Zlp: 34114 Telephone: Cell:Cell: N/A Fax: N/A E-Mail Address: Jessica@DevelopmentRealty.org Name of Agent(s): Robert J. Mulhere, FAICP, VP Firm: Hole Montes, Inc. Address: 950 Encore Way City: Naples State: FL ZIP: 34110 Telephone: 239-254-2000 Cell: N/A _ Fax: 239-254-2099 E-Mail Address: bobmulhere@hmeng.com PROPERTY INFORMATION Site Address: 3845 Beck Blvd., Naples, FL Folio Number: 76885050403 Property Owners Name: Toll Gate Naples, LLC 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 beauty shops(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 Attachment B Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 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 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 n Property Ownership Disclosure Form 1 Electronic Copies of all documents *Please be advised: The Office of the Hearing Examiner requires all 1-1 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: PI 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. 0 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 /t/ 11-20-2018 Applican Signature Date Robert J. Mulhere, 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 . er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colIiergov.net (239)252-2400 FAX:(239)252-6358 ( : PROPERTY OWNERSHIP DISCLOSURE.FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant,or agent on his behalf,to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address %of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address %of Ownership Robert P. Hardy as Manager Toll Gate Naples, LLC 100% (see attached Exhibit "A" for breakdown) c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address %of Ownership Created 9/28/2017 Page 1 of 3 ............... Col3er County aM ry. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address %of Ownership e. If there is a CONTRACT FOR PURCHASE,with an individual or individuals,a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers,stockholders, beneficiaries,or partners: Name and Address %of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers,if a corporation, partnership, or trust: Name and Address g. Date subject property acquired August 3, 2012 0 Leased:Term of lease years/months If, Petitioner has option to buy, indicate the following: Pae 2 of 3 Created 9/28/2017 g Co Lien County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Date of option: Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this. form. Requirements for petition types are located on the associated application form.Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application,all required submittal materials,and fees shall be submitted to:. Growth Management Department ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 / jC� fr Ag/ Owner Signature D to Robert P.Hardy as Manager Toll Gate:Naple LC 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-20190000208 I, ROBERT P.HARDY (print name),as MANAGER (title,if applicable)of TOLL GATE NAPLES,uc (company, if a Iicable),swear or affirm under oath,that I am the(choose one)owners applicantEcontract purchaser and that: 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter • attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier Countyto enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize ROBERT J.MUUIERE,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(LL.C.) or Limited Company(LLC.), 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 penaltie • pert I de -'t at I have read the foregoing Affidavit of Authorization and that the facts s -din It a• tru Signature t ''BERT P. HARDY, MANAGER TOLL GATE NAPLES, LLC STATE OF FLORIDA COUNTY OF COLLIER e f`egoing Inst ent „s sworn to(or a rmed)and subscribed before me on L '1 v '1 9 (date)by D C'�' (name of person providing oath or affirmation), as LI eat Q r2-- who is ersonaif known to me or who has produced (type of identification)as identification. STAMP/SEAL Signature of Notary Public KERRI TYLER '_MY COMMISSION M 00062923 EXPIRES Apr817,2021 •.1r., CP108-COA-0011511S5 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, 10th 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 931) 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 6.35 trips (an 81%reduction). Copies of the trip generation data for hair salons and quality restaurants from the Trip Generation Manual, 10th 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 586 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 Data Plot and Equation Caution—Small Sample Size s_.. ... _ . _ ._.__ X 4 W 3 a. Ic n 2 00 1 2 3 4 5 X=1000 Sq.Ft.GFA X Study Site - - - - Average Rate Fitted Curve Equation:Not Given R2=«.++ 1.0 11111MEMI 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 Caution—Small Sample Size 5 4. ... .. -o c W D. itF 3 2 0o 1 2 3 4 5 X=1000 Sq.Ft.GFA X Study Site - - - - Average Rate Fitted Curve Equation:Not Given R2 *"' 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 X. C w 3 C. N F- 2 00 1 2 3 4 5 X=1000 Sq.Ft.GFA X Study Site - - - - Average Rate Fitted Curve Equation:Not Given R2=w+.+r 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 6 C h- 4 2 0o 1 2 3 4 5 X=1000 Sq.Ft.GFA X Study Site - - - - Average Rate Fitted Curve Equation:Not Given *.*. jg 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 5.08-5.08 Data Plot and Equation Caution—Small Sample Size 25 X 20 -0 c W 0. FI 15 10 5 .--- 00 1 2 3 4 5 X=1000 Sq.Ft.GFA X Study Site - - - - Average Rate Fitted Curve Equation:Not Given R2=.2*. 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) 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 x 1,500 X 0. C W t . F 1.000 II F- Xi 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==•"" 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 20• . 3 [ t 15-.. .. _ . 0, w X a H F 10 XX.. :. , ..X_ 5 X X 00 5 10 15 20 X=1000 Sq.Ft.GFA X Study Site - - - - Average Rate Fitted Curve Equation:Not Given R2=**** 70 Trip Generation Manual 10th Edition•Volume 2:Data•Services(Land Uses 900-999) 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 200 X 150 - _ _ _,_. _ _ _ )( w X v. • F- n XX I- 100 . X X X X X 50 - X -XX X X X X X 00 5 10 15 20 X=1000 Sq.Ft.GFA X Study Site - - - - Average Rate Fitted Curve Equation:Not Given R2=w*** 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 4.47 0.87-10.38 3.26 Data Plot and Equation 200 ....... . _.,....._. . 150 ,... N : C W E 0. .c II X 100 X X 50 ... X X X X X X XX 005 10 15 20 X=1000 Sq.Ft.GFA X Study Site - - - - Average Rate Fitted Curve Equation:Not Given Rz=**** 72 Trip Generation Manual 10th Edition•Volume 2:Data•Services(Land Uses 900-999) 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 j 8.28 2.66-15.90 3.89 Data Plot and Equation 200 X 150 X F � 100 •' X X X X , 50 X ,'/( X; X X X 00 5 10 15 20 X=1000 Sq.Ft.GFA X Study Site - - - - Average Rate Fitted Curve Equation:Not Given R2."""" s it� 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: General Urban/Suburban Number of Studies: 6 1000 Sq.Ft.GFA: 10 Directional Distribution: 50%entering,50%exiting Vehicle Trip Generation per 1000 Sq. FtGFA Average Rate Range of Rates Standard Deviation 90.04 53.63-126.78 32.81 Data Plot and Equation 1.500. ........ XX • 000 1, a X 'X' x ' X 00 5 10 15 20 X=1000 Sq.Ft.GFA X Study Site - - - - Average Rate Fitted Curve Equation:Not Given R2=**** 74 Trip Generation Manual 10th Edition•Volume 2:Data•Services(Land Uses 900-999) iter ~��"�� U � ��~ (931) Vehicle Trip Ends vs: 1000 SqFt.GFA On a: Saturday, Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 7 1OOOSq. Ft.GFA: 10 DireoUona|Dh 59%enteri41%exiting Vehicle Trip Generation 1000 SFt. GFA Average Rate Range of Rates Standard Deviation Data Plot and Equation . ` . . . . . . . . . . . . . mm ---'--- ----�--�------ --' --~-----'-' --- ` - - ----� . . . . . . . . . . . . . . . . . X . ' 150 . ' X � -0 o_ u ^' . ' . . . X m _ - - �� . . . . . . . . ` . . . . ' . . . . . . . . . . . . . »u 10 15 20 X=1000 Sq.Ft.GFA X Study Site - - - - Average Rate Fitted Curve Equation:Not Given R2.=Int~ Qte. Trip Generatin Manal 10th Editin•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 ..._.. . _ _. . .... ...__... ,.. .. __._. ... ; ..........,. X 1,000 . . , E , E I' II f / t 800 _ X, I C I' ur I Q. X X F600_ .. .. . __. ._ .. .._._ .__. ,I .. _ .. _... _ _...... .... xI X 400 200 00 5 10 15 26- X=1000 Sq.Ft.GFA X Study Site - - - - Average Rate Fitted Curve Equation:Not Given R2="**' 76 Trip Generation Manual 10th Edition•Volume 2:Data•Services(Land Uses 900-999) 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 200 150 0, • W a F 100 X ._ .. X 'X X , 50 ._ 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) 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 Data Plot and Equation Caution—Small Sample Size x / / , f E / • r , W / 10 a / n •' / , x 0010 20 30 40 X=Number of Employees X Study Site - - - - Average Rate Fitted Curve Equation:Not Given R'=**** 78 Trip Generation Manual 10th Edition•Volume 2:Data•Services(Land Uses 900-999) ,{`= 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 Caution—Small Sample Size 60- X 50 X 40 / w / 0. •c / Hu 3020 X /, 00 10 20 30 40 X=Number of Employees X Study Site - - - - Average Rate Fitted Curve Equation:Not Given � � 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 1,500 X X % 1.000 X X 500 X 00 100 200 300 400 500 X=Number of Seats X Study Site Fitted Curve - - - - Average Rate Fitted Curve Equation:T=3.90(X)-447.07 R2=0.59 80 Trip Generation Manual 10th Edition•Volume 2:Data•Services(Land Uses 900-999) ,`e 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 Caution—Small Sample Size 20 15 w X a 11.1.I- 10 X X „- 5 X 00 100 200 300 400 500 X=Number of Seats X Study Site - - - - Average Rate Fitted Curve Equation:Not Given R.=it.* Trip Generation Manual 10th Edition•Volume 2:Data•Services(Land Uses 900-999) 81 Quality Restaurant (931) Vehicle Trip Ends vs: Seats 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: 11 Avg. Num.of Seats: 344 Directional Distribution: 67%entering,33%exiting Vehicle Trip Generation per Seat_ Average Rate Range of Rates Standard Deviation 0.28 0.14-0.50 0.11 Data Plot and Equation 200 ._ .. .. x 150.. .. .. .... .. ..._ . X.-,.. ,W 0 u X X- X Yr- X X 50 XX 00 100 200 300 400 500 X=Number of Seats X Study Site - - - - Average Rate Fitted Curve Equation:Not Given Rz=**** 82 Trip Generation Manual 10th Edition•Volume 2:Data•Services(Land Uses 900-999) 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 0.15 0.04-0.34 0.10 Data Plot and Equation 200 150. ..... w C w o. 'C II X � n 100 X X _ X X," " X X 00 100 200 300 400 500 X=Number of Seats X Study Site - - - - Average Rate Fitted Curve Equation:Not Given Rz=" {`w 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 200 . s . .. .._ X 150 .... .. X Li] o. 100.... ,.. X X 50 X 00 100 200 300 400 500 X=Number of Seats X Study Site Fitted Curve - - - - Average Rate Fitted Curve Equation:T=0.35(X)-16.83 R2=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 X X ; 1000 v c titX o. .c F X 500 X 00 100 200 300 400 500 X=Number of Seats X Study Site Fitted Curve - - - - Average Rate Fitted Curve Equation:T=3.52(X)-326.59 R2=0.54 • 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: 7 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 200 X 150 X X : w .a _ X 100 -' - . _ 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) ,{`p 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 Data Plot and Equation 1,200 X 1,000 X 800 w X ; x ,1 600 X 400 ._ 200 �- 00 100 200 300 400 500 X=Number of Seats X Study Site Fitted Curve - - - - Average Rate Fitted Curve Equation:T=2.00(X)+19.60 R2=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 200 150.-....... . _.-. ...... U, c W 0. .c I- 100 . . . _. ... .. _, _ _. . . x.. ,_. .... ... . --'.. X 50 00 100 200 300 400 500 X=Number of Seats X Study Site Fitted Curve - - - - Average Rate Fitted Curve Equation:Ln(T)=0.86 Ln(X)-0.70 R2=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 4.27 1.47-6.96 6.41 Data Plot and Equation Caution—Small Sample Size 40 X :. X • 30 , c c w a ,c u F- 20 �. X 10 00 2 4 6 8 X=1000 Sq.Ft.GFA X Study Site - - - - Average Rate Fitted Curve Equation:Not Given R==kir. � � 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 16.97 6.09-22.93 23.07 Data Plot and Equation Caution—Small Sample Size 200 x . 150 m -o c W 0. 100 x 50 X 00 2 4 6 8 X=1000 Sq.Ft.GFA X Study Site - - - - Average Rate Fitted Curve Equation:Not Given • R2=** 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 40 X ' X 30 73 a F ' F- u 20 ' 10 �. ' X 00 10 20 30 40 X=Number of Employees X Study Site - - - - Average Rate Fitted Curve Equation:Not Given R2=**'• Etc.— 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 200 X 150 c W 0. 100, a �.� �.. ..;.. _ _ X 50 -% X, 00 10 20 30 40 X=Number of Employees X Study Site - - - - Average Rate Fitted Curve Equation:Not Given R2="'"' 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 40 x x 30 y W I- 11 20 X : 10 00 50 100 150 200 X=Number of Seats X Study Site - - - - Average Rate Fitted Curve Equation:Not Given R2=**** 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 Person Trip Generation per Seat Average Rate Range of Rates Standard Deviation 0.72 0.41 -0.90 0.85 Data Plot and Equation Caution—Small Sample Size 200 x 150 v w 100 ' 50 X 00 50 100 150 200 X=Number of Seats X Study Site - - - - Average Rate Fitted Curve Equation:Not Given R2=**** 94 Trip Generation Manual 10th Edition•Volume 2:Data•Services(Land Uses 900-999) ,`ee. 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&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 9th 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, INC. - I •- L• •r-profit corporation (hereinafter referred to as"Association"). • ciis. 4 1411 0, C) WITNESSET . WHEREAS, TGN is the o d ••Ider • the • em es described on Exhibit A attached hereto and incorpo ate. - �• • :,111,16:- -{•- ce ,he "TGN Property"), illi WHEREAS, the Ass '.. o is •- •• i.urn a<.st�ci for the condominium known as Tollgate Business Park • •omi • , - `+,din. • t -u4�, eclaration of Condominium thereof recorded in the Offi '. :ook 4042, Page 91',4,4 t e ',Arc Records of Collier County, Florida (the "Condominium"), ,,49, Condominium c —C.-- • 1 property described on Exhibit B attached hereto and incorpor: d -rein by this referen ( -: "Condominium Property"). 0 WHEREAS, the TGN Prop-• - ,,la. a� i , - d contiguous to, the Condominium Property. 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 II. 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 1 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: 1. The above captioned recitals are true and correct. 2. TGN and Association do hereby agree that the Association shall be entitled to the exclusive use of fifty-five (55) p. Iii•` pe • TGN shall be entitled to the exclusive use of the fifty-three (53) ••- - log ,,'hase 1 as depicted on the sketch attached hereto as C-1. 3. TGN shall also be en le• o R-_-xc • -tts• •f thos- pa king spaces located upon the TGN Property as de icte• on Exhi ' attac :-d her=to, :nd solely responsible for the cost of maintenance the :of 4. The �hereto lir�arties k th-.., 4. - es shall share all costs of p � maintaining the Pha- I •arking areas on t ContomProperty (including, but not limited to, repairing, r- - 'ng, restriping, rep. , li•h , andscaping and the irrigation of said landscaping) a i};t• s: C) (a) Association shall b- ttfi . -••- . pf?� of all said costs; and TGN shall bear forty-nine (49%) p- frfiCV;s sts. (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 2 oR 4992 PG 2585 this Agreement, the exclusive forum thereof shall be the Circuit Courts of Collier County, Florida. 6. 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. 7, 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. // P�� ®vim?' Signed, LleWd delivere• _ OLL e .T1 NAP S, LLC, - lorida 'f-)our •hese be ited li.•ilit • -any Ws#1 (print name below) "' ,... . . •:17► girt P.• ardy, as Manager "'"'" 14. Witness#2(print name below) \`S. . . .a: . _ ' 21/R CMC (` (Corporate Seal) TOLLGATE BUSIN SS PARK III /--------`\ CONODMINIUM A -OCIATION, INC., a rtness-#'((print name below) Florida not-for-�ofi.corpora '•n LEO J SALVATORI itle 4uJA A. Agiap7titi off By: w itness#2(print name below) Rob= Paul Hardy, as Presidenr- ebra K. Blackwell alOk Prolaw:832703 3 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. ehp_kag Lia No ary Pu( —w„r ,�y L 4' DEBRA K.BLACKWELL =4 ;1; _+; MY COMMISSION I FF 020761 •�� r EXPIRES:August 28,2017 R!u Bonded ThruNotary Pak Underwdters Typed, printed or stamped name of notary My Commission Expires: STATE OF FLORIDA Wit CO0 COUNTY OF COLLIER The foregoing instrument a. - swledged before me this 10th day of September, 2013, by ROBERT PAUL A D , = Pr- Iden;{ f TO►LG ATE BUSINESS PARK III CONDOMINIUM ASSOCIAT ON L - •=� ••.•• corioration, who is personally known to me. // ��'))) ,,otary P ,,,, �- ry 1 �_ :MKBLACKWELL tt , e• OMMISSION N FF 020761 . PIM&Augual 20,2017 �� , • ••nded Thru Notary KIM:Undodenters e 4- s awe. name o no ary ti• Sion Expires: Prolaw:832703 4 OR 4992 PG 2587 • INSTR 4726799 OR 4824 PG 3147 RECORDED 8/9/2012 9:13 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOCC.70 $0.70 REC $27.00 CONS $100.00 EXHIBIT________ 31, 4 411 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,FLORIDA CIVIL ACTION TOLL GATE NAPLES,LLC,A FLORIDA LIMITED LIABILITY COMPANY Plaintiff(s), Case No.11-4309-CA v. GRAND CYPRESS COMMUNITIES,INC., TOLLGATE BUSINESS PARK,ILC,TOLLGATE BUSINESS PARK III CONDOMINIUM ASSOCIATION,INC.,TOLLGATE BUSINESS PARK IV CONDOMINIUM ASSOCIATION,INC.,AND TOLL GATE COMMERCIAL CENTS' ':;' ' OWNERS ASSOCIATION,INC. .,•� 'oglliIll� •JIT,, GO Defendant(s). '—\,!'t, ��i1 may. The undersigned -r.v... r� ' 1, u e•and filed a Certificate of Sale in this action .n !:Gl,Ah_. • pr.•�•!desc .ed in Exhibit "A" AL attached hereto and ,at no •V .' , .'-'.. , f p. wi .' th• time allotted for film objections. V ► , ,A,k g J �`�� (� ! '' �'• r- 8 •Ti LCJAI Nf)Ples,Lt-C.,4 The above-d:. , 14, lorida i old • I P. ' • rJ . _:i lily at — _• t .• iuG _�rw_aAi "' `. MpaAv WITNESS my han• ..eseal ofthis court onthis, :r_•ayof 14.....:,... 2012. `® Dwight E.: . l •rk of Court • ,..Depttty.CI rk_, Copies to: _ %\toW1 "Richard D.Yovanovich,Esq. Glenn J.Ballenger,Esq. : .Larry J.Code •• • • Elite Service Group,LLC . • OR 4992 PG 2588 1 1 OR 4824 PG 3148 • • EXHIBIT A PARCEL A:Units 70I,702,722,723 and 724,Building 7 Tollgate Business Park III Condominium, according to the Declaration of Condominium thereof as recorded in Official Records Book 4042,page 998,and subsequent amendments thereto, of the Public Records of Collier County,Florida. PARCEL B: ALL OF THE TRACTS 7 THROUGH 9 AS RECORDED IN PLAT BOOK 22 PAGES 95 THROUGH 100, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA: AND PART OF TRACT 10 AS RECORDED IN PLAT BOOK 18,PACE 23 AND 24 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS ALLOWS: BEGINNING AT THE SOUTHEAST CO- " .,, `'' - ECORDED IN PLAT BOOK 18, PAGE 23 AND 24 OF 'E "t WER COUNTY FLORIDA:THENCE RUNNING , 4rt. SOUTHERLY LIN '•7 - D TRACT 10 S 89'56'02"W A DISTANCE OF 1 '9 , �lW POI 'INNING: THENCE RUN S 89'68'06" N,t.1 'X POINT ON A CURVE CONCAVE TO THE 0.8,4_,I11- �' i:1eZA T, ,ONG THE SAID CURVE HAVING A RA;t ••••=4 a ,.r • 9000 t4"ANGLE AND SU'� '1,1;21011( "�i,i - .TV"I' . ..'51"W AN A CHORD LENGTH . o •F 139.22 ALONG THE u�. ' A CURVE CONCAVE TO E .�y i -..4 �':.1 a, ' • E AAR• OF SAID CURVE NAVIN, A RA,l�P'• 50.00 - Ili,., rly. :1 0'0'00 WITH A CHORD CH 8.1%" '" 6"E : D 'I^'I,J. j • 70. 1 FEET; THENCE N •9'5fi �,-iSTAN•. • 4 .58 +jfty`�a 0003'50"E A 0 ANC i:, y, a.,►y'r' )� •"! •TANG OF 23.08 FEET: ENC 5 0., _` ':til A + O THE POINT OF BEGIN INC. Iligilt- ' PARCEL Cs Units D a'4, ••. ,906,9 9'',•'" 911,' '13 'Is. -15, 916,917,918,919, a 922, Building 9 Tollgate Busi= Park Co d' urn, according to the Dec Van n •f Condominium thereof as 7 • I O' < .rds '7 Book 4311,page 220. — •sequent amendments thereto, lie 'u• Q .rds of Collier County,Florida. ,e''r:, (� +-V Y Con't OR 4992 PG 2589 140404 *** OR 4824 PG 3149*** • • PARCEL A: Phase 2,Bldg 10 A PORTION OFF TRACTS 25,26&27 AND A PORTION OF A VACATED PRIVATE RIGHT-OF-WAY TOLLGATE COMMERCIAL CENTER,PHASE THREE,A SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED UI PLAT BOOK 22,PAGES 95 THROUGH 100,OF THE PUBUC RECORDS OF COWER COUNTY,FLOOD&MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 25.TOLLGATE COMMERCIAL CENTER,PROSE THREE A • SUBDMSION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PUT BOOK 22,PAGES 95 TROUGH 100,OF THE PUBLIC RECORDS OF COWER COUNTY FLORIDA THENCE RUNNING ALONG THE EASTERLY LINE OF SAID TRACT 26,S 0003'50 E FOR A DISTANCE OF 247.93 FEET TO THE PONT OF BEGINNING; THENCE CONTINUE ALOND SAID UNE S OD'O3'66`E FOR A DISTANCE OF 52.113 FEET; THENCE RUN N armor E FOR A asTANCE OF 20.00 FEET; THENCE RUN S 01703'56'E FOR A DISTANCE OF 181.81 FEET;THENCE RUN 5 69'53'37'W FOR A DISTANCE OF 455,00 FEET TO THE BEST UNE OF TRACT 25; THENCE RUN N 00'03'56'W ALONG THE WEST UNE OF SAW TRACT 25&26 FOR A DISTANCE OF 233.99 FEET; THENCE RUN N 89'53'20'E FOR A DISTANCE OF 435.00 FEET TO THE PONT OF BEGINNING. Phase 3 Bldg 117 A PORTION OF TRACTS 24,25,27&26 , TED PRIVATE RIGHT-OF-WAY TOLLGATE COMMERCIAL CENTER,PHASE THREE,A .. "—. ..•.. , PUT THEREOF AS MONO IN PIAT BOOK 22,PAGES 85 1HRWGH 100 . -.r . _1 :..m4 COUNTY.FLORIDA.MORE PARTICULARLY DESCRIBED AS FML• .-• !' OEcuoNNO AT THE SOUTHWEST N•' 4.Cu& ENTER PHASE THREE.A SUBOM40H ACCORDING TO THE UTi �y _ - THE PUBUO RECORDS OF CO Q'7, ,,,lc .PAOSS 95 TROUGH D50.Of TRACTS 24&25,N 0053'68' hI. ?'-Z.0„, , .,,L„„' ,E WESTERLY UNE OF SN0 • ', ?I '•• N 119'539)`E FOR A DISTANCE OF 456.00 FEEDS $4-,,y21,„,,;,1..)�" ,+. S 8956'02'W FORA DIST , ' , • FEET OUNCE RUN RUNNNO KONG THE ARc .,yV •*�,�.•�'_ .• THE WEST;AMERCE 65.00 FEET,AN INCLUDE AN ,�.� ,.-0 BY I .-I `HAVING 7 4'04' OF A DISTANCE OF 2.05 T; Fya -� DR' I C4 By TO THE44'04'E TOR POINT OF PEGINNa10. T ' 2,64 dr-,1,,..4,...7",woy Razor , L (--, ‘,...., .,.., ir, ..., ,_.., ,...... ,-.2.., ,.„ ....., ,_, ,4O IFIE c1_ -. OR 4992 PG 2590 EXHIBIT / LEGAL DESCRIPTION FOR: . TOLLGATE BUSINESS PARK III PHASE I,BUILDING SEVEN LEGAL DESCRIPTION: ALL OF TRACT 15 AND VACATED RIGHT—OF—WAY OF TOLLHOUSE DRIVE AS RECORDED IN PLAT BOOK 22 PAGES 95 THROUGH 100, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND PART OF TRACT 10 AS RECORDED IN PLAT BOOK 18 PAGE 23 AND 24 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CO-'-j :+ R COU' CORDED IN PLAT BOOK 18 PAGE 23 & 24 OF THE PUBLIC -•:L•"•S OF COLLIER w w+• FLORIDA: THENCE RUNNING ALONG•THE SOUTHERLY UNE Or Si0 T', - . .•'•'" A DISTANCE OF 122.39 FEET; THENCE RUN N 00'00'0w" •-47, t„• r .• ; THENCE RUN N 90'00'00" W A DISTANCE • � ai•': ,►rt a.;'50" W A DISTANCE OF 182.40 FEET TO A POINT •'4 ': "' r!'.`r^*.• 1•,,CT 10, THENCE RUN ALONG THE NORTHERLY UN • '�,Jlr►� • •$ �I.••5. 1:4 D TANCE OF 148.60 FEET TO THE NORTHEAST • ENC N ��0'4.'58" E A DISTANCE OF 60.00 FEET TO A P01= ) T—+ii— 4 E 0 TOLLHOUSE DRIVE N 89'$6'16" E A DISTAN E OTS I1-17114' "UN -.10 FEET ALONG THE ARC OF A CURVE tON • ? ',•• Cle • S 0 25.00 FEET, A CENTRAL ANGLE 36'53'.6" • �:,4,4 la'i: -r « �^ i® :,2'.'S N 71'29'33" E A DISTANCE OF 15.82 FE ; T,' •• °f• ••$ c • ► ,„,0 22'.17 FEET TO A POINT ON A CURVE; T ENC • a, 'i,1a3a,'�a^.:. : • •(,it •, a• A UR CONCAVE TO THE NORTHWEST HAVIN,- • •; ,wZiliw •,; ,i-• NT-• G '0'40'00", SUBTENDED BY A CHORD WHICH Bs•�,�+, • �; 02 •Z"s• " ' ' OF :• E' , ENCE RUN S 89'56'02" W A DISTA I • 162.04 FEET TO THE •"+ T OF BEGI N HAVING AN AREA OF 2.0 �' 0 Q4\ .✓ N David B guns, •PLS.'. 1 Certificate Number 4520 Tw 'I DATE MARCH OA 2005 ryBEARING BASED ON CENTER LINE OF BUSH BOULEVARD S '� &AWN, AMP, . AMP #' BEING S 00' 03' 58"E. r"e sIi 4-4,.:4i-at .0 SS..a. 11105(so):so-ssss OR 4992 PG 2591 10. •L. I I. - Gr E - Q y I 1 1 i I B 't '� J T..�U4! Z I 1 ' �� I ' `kms 1' /^--I D O A F..Lk 5 1 , (h7 - Yl Tn J I a n. z • , F rrI ® 1i : ° .1 . • •�� , VI n 10 LU z ei R7 crq '?`F I l , � i rA H zmg� 'o DRY DETENTION .1. ' I + r rD 01 i 'k ;2-1 I oV2o no it? 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I �•--x-_ ---- giiiiii. .... .V' -XIST. 5 CONCRETE.SIDEWALK. / ,� j , o J co �I,,- � ` �7 1R-F~ #- -7 1-A OR 4992 PG 2592 N 11 -. .- . . .4b r L__o as#• • // I I -- I ;. it 1 I /• 'J' c �\ • I I I ' A \ .Zl N� v s • I I I 4i ■D 0 ii I 6 CO CRETE SIDEWALK I ,9't8 e a a m • m o \ ,0£9 -. 0O + y IS!t�,�Yc. 60�? t s;e \1 p�pp�� 54 y r 5 I `".�O��Oi. a #> `;fig r .dr-,1 ,•0:5 9l � •4Z L _ £ W W I ' .,..,...,..... .. ..,_ g .dia t, W 9s ,n F U O z g o I I 1 1 , O , F;r} t* :,yip • s.. I I] � .�w . u ;:i.6..›;,.: \� @l I a9 al rt Al ! ( 0,01XtrIF,1,0%.;,,„...,,,,., > Si,';, I *>_��C , I a z i p F I ( I 'Z, -_- 8 ��t: x `13>: ��... 1 1. X G • • I j� ei 2a .21,' '.1II ,.::::::,..:2.........:.,.:...1 C� AI A g.1°,iltoigNscr9qa 4,4„.;,,,,. ,• 10 6,'::',--;.9,41 r$rers. r `4 Li.- M :ea I `r D :� I: 1 , I o§vAlAfl� A : t I I m � I. r/ V) X gi I :le ,l�� i� {® I _ I .ml L; , I Qoi \,1 35� I? i.,___ $11D; CO > I I , j pa 14 a y Y r �.SM t ~� 1t t£' 5.0 MI til If i I ' I 1 , Ittl L��1 .. '� 1b*J► r N I"-1- moor r® - L I .I I I i SaN ��' � Q T; o • • rF142 1Fr r ii [�ari-Q y r17 SI II ~� � T �l I• ZCGV' yY }fiOCyRI mgo 6,, S sr. pz¢ �A hl RP • , ,, a tp ti in i F (tlr� i -hana4 la �44O 1 i k 401 41. _ _ R. i `fleGt -,,..e.4'4V'�t t� "� . , k'S ii: Dewy F a"t > � (ie N, i at.. hY{�x(2 '� K t• P-,!,4:11:0,,,::,-f ��1 Leal. --7 1 / 5 O W a I . MJ o i O a `o.p� : t aRI il 33i Zi r l r �sr yF xle 1 i i t 14IiuiMuIFJ1UI 1,,,,,,.„„..,,..„.„.„:.,, 00 LI t *** OR 4992 PG 2593 *** . I __..''- DRY DETENTION- . 11 / /.1). <<- r 5,A .- 7......._ EXHIBIT D ..._II- I I/ \` N[14(`ApF F I , __ . ._ . - . . ._ . PROJECT -DATA , __--_ - -SIDE-DAA -- .-- TOTAL SITE AREA 200,030 SF 4.59 AC 100.0% ! IMPERVIOUS AREA (LESS BUILDING) 112,249 F. 2.57 AC 56.1% PERVIOUS AREA (LANDSCAPE AREA/OPEN SPACE) 51,317 SF 1.18 AC 25.7% BUILDING COVERAGE AREA 36,464 SF ``0.84 AC 18.2% 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 A BUILDING SEPARATION PROVIDED 176.0 FT SETBACKS PROVIDED BUILDING 7 (NORTH) SIDE SETBACK 61.2 FT BUILDING 7 (EAST) FRONT SETBACK 70.8 FT BUILDING 7 (SOUTH) FRONT SET: , , 63.7 FT BUILDING 8 (NORTH) SIDE S aA ,R COW?, j, 37.0 FT BUILDING 8 (SOUTH) FRO ♦i. 'CKv, � 68.4 FT BUILDING 8 (WEST) FRO, .y' :ACK ' 69.6 FT BUILDING HEIGHT ALLO ED \ 50 FT BUILDING HEIGHT PRO ID - 38± FT I ., . :: _.i+ E{lSt/, _ .ill• I OFFICE = aI 36,463 SF RETAIL = RETAIL STORAGE (A ED 30% OF RE ) — ^ 10.939 SF TOTAL = 1 Q 72,926 SF REQUIRED PARKING �Q, , OFFICE — 1/300 SF 4iR Cit 36,463 SF/300 SF = 121,5 SPACES RETAIL — 1/250 SF 1 25,524 SF/250 SF = 102.1 SPACES f STAINED RETAIL STORAGE — 1/500 SF 10,939 SF/500 SF = 21.9 SPACES PLANS TOTAL PARKING SPACES REQUIRED = 246 SPACES UCH (OF THESE, 7 SHALL BE H/C) TOTAL PARKING SPACES PROVIDED = 247 SPACES WED FROM (INCLUDING 7 H/C) 7OFTHE FIRE FLOW CALCULATIONS REQUIRED C = 0.8 (TYPE IV CONSTRUCTION) A = 56,803 SF FOR THE BF = 18xCxSQRT(A) 1 BF = 18x0.8xSQRT(56,803) = 3,432 GPM -gn HF = 1.00 :TION EF = 1.00 FF = 3,432 GPMx1.00x1.00 = 3,432 GPM ® 20 PSI REQ'D FF HYDRANT = 2,848 GPM 020 PSI PROVIDED _=> BUILDING WILL BE INTERNALLY SEPARATED BY 4—HR WALLS INITIAL PRINTING:07114r04 ! pori I CT nk �` ORDINANCE NO. 17- 1 5 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-PL201500022801 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. 92-10, as amended, is hereby amended and replaced with the Exhibit"A"attached hereto and incorporated herein. (16-CPS-01517] 171 1 of 2 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 sum-majority vote of the Board of County Commissioners of Collier County, Florida,this ` 1-"ti day of ii , 2017. 1,D of : ATTEST BOARD ,F t TY COMMISSIONERS DWIGHT E.•BRaCK;,CLERK COLLIE; 0 -' TY, FLORID• B ,A)040.,:„ 'A .31 By: //4(dL.i ,h,, - -; ,;fat .s •t ;A . ,s Jerk PENNY LOR, ar an Approved as to form and legality: CE, ,,,, i..„,, ct, A--------'—'—' (P-L'i \-.- Hei iAshton-Cicko Managing Assistant County Attorney Attachment: Exhibit A–PUD Document and Master Plan This ordinance filed with the 5ry of tote's Of 'ce the day of�, �� and acknowiedg Athot fill received2 l V _____ day of V T vim. , ---�--• < By Dep +CIrrk‘ [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 ROBERT L.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.1 Words etruek-threugb are deleted;words bold&underlined are added. All distances are in feet unless otherwise noted.***Indicate break in pages. TABLE OF CONTENTS PAGEM LIST OF EXHIBITS AND TABLE 3 STATEMENT OF COMPLIANCE 4 SECTION I 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 201500022S0Ordinance 92-10 Date: 03.22.17 v.1 Words struelr-through 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.1 Words strnek-through are deleted;words bold&underlined are added. All distances are in feet unless otherwise noted.***Indicate break in pages. j 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 1. 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. 2. Interstate Activity Centers are the preferred locations for the concentration of commercial and mixed use development activities. 3. 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. 4. The projectis 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. 5. The project will be served by a complete range of services and utilities as approved by the County. 6. 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. 7. The Planned Unit Development includes open spaces and naturalized open features which serve as project amenities. 8. 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. 9. 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 struck-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 1°- 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: I) 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 (1-75); thence continue along said Limited Access, right-of-way line of State 93 (1-75) 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 116.2116 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 Y2, 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.1 Words struek-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 89° 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 • - . The ownership of this property on April 25th, 2017 is Toll Gate Naples LLC, and Skv Angel Center LLC. Page 6 of 28 Toll Gate Commercial Center PUDA-PI 201500022800rdinance 92-10 Date: 03.22.17 v.1 Words struck-through 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 1.00 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.1 Words struck through are deleted;words bold&underlined are added. All distances are in feet unless otherwise noted..b 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. I. 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: 03.22.17 v.1 Words struek-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. 1 Page 9 of 28 Toll Gate Commercial Center PUDA-PL 201500022800rdinanee 92-10 Date: 03.22.17 v.1 Words struck-through 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 10of28 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 03.22.17 v.1 Words 54weh-Ehrough are deleted;words bold&underlined are added. All distances are in feet unless otherwise noted.***Indicate break in pages. 1 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 % PHASE ACREAGE SITE START COMPLETE 54.51 54.4 1988 1993 tI 26.44 26.4 1992 1995 111 19.29 19.2 1993 1996 TOTALS 100.24 100.0 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 2.7.3.5, Division 2.7, Article 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 201500022S0Ordinance 92-10 Date: 03.22.17 v.1 Words sNwek-through are deleted;words bold&underlined are added. All distances are in feet unless otherwise noted."i"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 the requirements of Division 3.2, Article 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. E. 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,Article 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 2.7, Article 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 2.7.3.4, Division 2.7, Article 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 3.2.8.3.11,Division 3.2,Article 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, Division 2.7,Article 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 PUDA-PL 20150002280Ordinance 92-10 Date: 03.22.17 v.1 Words s#uek-threugh 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 is 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 Toil Gate Commercial Center PUDA-PL 201500022800rdinance 92-10 Date: 03.22.17 v.1 Words struek-through are deleted;words bold&underlined are added. All distances are in feet unless otherwise noted.***Indicate break in pages. (0 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 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 PUDA-PL 20150002280Ordinance 92-10 Date: 03.22.17 v.1 Words struck stftiek4kreffgh 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 20150002280Ordinance 92-10 Date: 03.22.17 v.1 Words str'eek-thweugh are deleted;words bold&underlined are 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. . Ij (9) Minimum Off-Street Parking and Off-Street Loading Requirements: As required by Division 2.3 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 Type D Buffer with the landscape installation requirements set forth in the Land Development Code Section 2.1.7.1 alternative D 4.06.02.C.4. b. Landscape buffer width requirement adjacent to interior platted streets: 5 feet with - • • - •. . .4 . . .. _ _ .. 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 landscaping requirements of Division 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 20150002280Ordinance 92-10 Date: 03.22.17 v.1 Words stfuek-ttweugh 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. (11) 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 Toll Gate Commercial Center PUDA-PL 201500022800rdinance 92-10 Date: 03.22.17 v.1 Words sMtaek-4l►reugh 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 1-75 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 PUDA-PL 20150002280Ordinance 92-10 Date: 03.22.17 v.1 Words streek-ilsreugh 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. (f) 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: (I) 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 201500022S0Ordinance 92-10 ++ Date: 03.22.17 v.1 Words struck through 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 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. 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 20150002280Ordinance 92-10 Date: 03.22.17 v.1 Words struck-through 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 Division 2.3 Section 4.05.00 Off-Street Parking 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 Section 2.1.7.4 alternative D 4.06.02.C.4 b. Landscape buffer width requirement adjacent to interior platted streets: 5 feet with . ' - • . .,. .• .. a - . .. 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 Division 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 PUDA-PL 201500022800rdinance 92-10 Date: 03.22.17 v.1 Words struckough 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. (11) Merchandise.Storage and Display: Unless specifically authorized by this PUD documents or an approved 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. - i Page 22 of 28 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 03.22.17 v.1 Words struek through 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 -: •- .. - .... 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 201500022S0Ordinance 92-10 Date: 03.22.17 v.1 Words struek-through are deleted;words bold&underlined are added. All distances are in feet unless otherwise noted.***Indicate break in pages. 444, 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 3.2.8.1.16.6 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 3.2.8.1.16 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 3.2.8.4.7 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. I. Land Development Code, Section 3.2.8.3.17 6.06.02 — 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 : - --. ` . z. . . : Collier County Code of Laws and Ordinances Chapter 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-PI 201500022800rdinance 92-10 Date: 03.22.17 v.1 Words stfuek-thveugh 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- ay Ordinance No.82-9-1-03-37,as amended. C. An Excavation Permit will be required for the proposed lakes(s) in accordance with 9. - - -- = --• - - 9: - •• - ---- Collier County Code of Laws Page 25 of 28 Toll Gate Commercial Center PUDA-PL 20150002180Ordinance 92-10 Date: 03.22.17 v.1 Words struck are deleted;words bold&underlined are added. AU 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 ACOE 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 Den • _. • _.. _.. : e: _ .: • _._:Collier County Code of Laws and Ordinances Chapter 22, Article W, Excavation. The standards related to depths may be modified in accordance with.14ER DEP and AGGE 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 %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 20150002280Ordinance 92-10 Date: 03.22.17 v.1 Words Mr-twit-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 SMesess 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 Ordinance-82-9-1- 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 Ordinense-o 5 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 : •. .• .. : .. : .e - • .. _ :tutes, kI Page 27 of 28 Toll Gate Commercial Center PUDA-PL 201500022800rdinance 92-10 Date: 03.22.17 v.1 Words struck through are deleted;words bold&underlined are added. All distances are in feet unless otherwise noted.***Indicate break in pages. MAPH MASTER ; DEVELOPMENT PLAN r' ': .4 TOLLGATE Za COMMERCIAL CENTER e z 41 January, 1991 aam !' k.i.i':::::::i.::.:•.•::.:N ..,,,6 , « ;'-.0' w ! :;f G, 8i O ./ v Z ■�.� W W :,4 F . .. N p pp co .{ M0.• ppp :'Ni.:) c MANNEK DRIVE "-,r. j G 1 (3;� Ga 3R 0 F F FCCFFF ; X t ,. G /M 41< lii FFii 11444:111 [ ay8R G„ V] ::::::: ' c0 j BUSH BOULEVARD- - .t Ci ::::::,::::,:„„ ,„,: 1 FP&4 EASEMENT -ei 4 C _ 'EC' �s a 8§ g" o tw F G4- [ t r _, TOLLGATE BLVD. d�< _ a � G C.R. 951 \. �j—A _ EXHIBIT "A" ) i Page 28of28 NAPLESNEWS.COM I FRIDAY, MARCH 8, 2019 1 35D Public Notices NOTICE OF PUBLIC HEARING BY THE PLANNING AND ZONING DIVISION PURSUANT TO LDC Notice is hereby given that SECTION 10.02.06, IN WHICH N public hearing ill beheld THCOUNTY STAFF DETERMINED by the Collier County Hearing OF THEA PROPOSSALONED USE Examiner (HEX) at 9:00 A.M., 72 A BEAUTY UT (SIC March 28,2019,in the Hearing COSMETOLOGY EXCEPT BEAUTY AND Examiner's Meeting Room, at NCNAOLSE 2800 North Horseshoe Drive, IS COMPARABLE M NATURE Room 609/610, Naples FL TOS THOSE COMMERCIAL 34104,to consider: USES PERMITTED IN SECTION ON NO. 3.3 FOR PARCEL "A" OF THE PETITION NO. 00209 - TOLL TOLLGATE COMMERCIAL GATE NAPLES, LLC REQUESTS CENTER PUD, ORDINANCE AFFIRMATION OF A ZONING TO. SUBJECT2-10, ASP AMENDED. VERIFICATION LETTER ISSUED THE 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. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida March 8,2019 No.2241234