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Agenda 09/23/2008 Item # 7AItem # 7A September 23, 2008 Page 1 of 128 EXECUTIVE SUMMARY CU- 2007 -AR- 12419, ABC Liquors Inc., represented by Heidi K Williams, AICP of Q. Grady Minor and Associates, P.A., is requesting a Conditional Use of the Commercial Intermediate (C -3) Zoning District with a Special Treatment (ST) Overlay to increase the maximum allowable square - footage of a retail establishment from 5,000 square - feet of gross floor area to 12,000 square -feet of gross floor area in the principal structure. The subject property, consisting of approximately 1.79 acres, is located in the northeastern quadrant of the Collier Boulevard (CR 951) and Tamiami Trail East (US 41) intersection, in Section 3, Township 51 South, Range 26 East, Collier County, Florida OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the above - referenced application for Conditional Use No. 17 of the Commercial Intermediate (C -3) Zoning District and Special Treatment Overlay (ST), as provided in Section 2.03.03.C.1.c.17 of the Collier County Land Development Code (LDC) (Ordinance No. 2004 -41, as amended), to permit a retail establishment with more than 5,000 square -feet of gross floor area in the principal structure; and to insure that the community's interests are maintained. CONSIDERATIONS: The petitioner seeks a Conditional Use for a 12,000 square -foot retail building. According to Subsection 2.03.03.C. I.e. 17 of the LDC, the C -3 Zoning District only allows "personal services, video rental, or retail uses with greater than 5,000 square -feet of gross floor area in the principal structure" with Conditional Use approval (drug stores are exempted from this square- footage restriction). The applicant's proposed use, a liquor store (SIC 5921), is one of the retail services permitted in the C -3 Zoning District; however, because the applicant's proposed retail area is 7,000 square -feet larger than the 5,000 square -feet permitted, Conditional Use approval is required. As shown on the Conceptual Site Plan (on page two of the staff report), entitled "ABC Fine Wine & Spirits Conditional Use," prepared by Q. Grady Minor & Associates, P.A. and dated August 2007, the proposed use would be situated to the north of the existing CVS Pharmacy occupying the northeastern quadrant of the intersection of CR 951 and US 41. Vehicular access to the site would be provided from a direct access point on CR 951 to the west, or from two interparcel accesses along the southern boundary of the site, which would connect the site to the CVS Pharmacy and ultimately to US 41. Pedestrian access would be afforded via an existing sidewalk along the property's CR 951 frontage, linking the site to the parcels abutting it to the north and south. The majority of the proposed 12,000 square -foot retail building would be situated on the eastern half of the site and would be required to meet all the design standards of LDC Section 4.02.02, Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts. Approximately 36 parking spaces would be distributed on the eastern and western sides of CU- 2007 -AR -12419 Page 1 of Item # 7A September 23, 2008 Page 2 of 128 the building, with 16 more spaces adjacent to the travel aisle along the southern boundary of the site. Perimeter buffers would be required adjacent to the surrounding uses, pursuant to LDC section 4.06.02, Buffer Requirements, and to the enhanced buffers required pursuant to the previously approved Special Treatment permit for the existing drug store (see Resolution No. 02 -422, Appendix 3). Approximately 0.95 acres of the site would remain as open space; and the 0.22 -acre preserve requirement would be met by an existing preserve on the drug store site, which, as approved, was designed to accommodate the LDC preserve requirement for both parcels. FISCAL IMPACT: The proposed liquor store, in and of itself, would have no fiscal impact on Collier County. There is no guarantee that the project, at build out, would maximize its authorized level of development, however, if the Conditional Use were approved, a portion of the existing land would be developed and the new development would result in an impact on Collier County public facilities. The County collects all applicable impact fees before the issuance of building permits to help offset the impacts of each new development on its public facilities. These impact fees are used to fund projects identified in the Growth Management Plan's (GMP) Capital Improvement Element (CIE) needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of Section 10.02.07(C) of the Land Development Code, 50 percent of the estimated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Other fees collected before the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. It should be noted that the inclusion of impact fees and collected taxes are for informational purposes only, and they are not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is designated Urban Commercial District, Mixed Use Activity Center Subdistrict, and is located within Activity Center No. 18, as identified on the Future Land Use Map (FLUM) of the GMP. Relevant to this petition, the Subdistrict permits the full array of commercial uses allowed in the C -1 through the C -5 zoning districts. As previously noted, the subject site is zoned C -3, and any proposed use would be required to be consistent with this zoning district. FLUE Policy 5.4 requires new developments to be compatible with and complementary to the surrounding land area. Comprehensive Planning leaves this determination to Zoning and Land Development Review as part of their review of the petition in its entirety. CU- 2007 -AR -12419 Page 2 of 5 Item # 7A September 23, 2008 Page 3 of 128 In order to promote Smart Growth policies, and adhere to the existing character of development within Collier County, various FLUE policies are to be implemented for all new development and redevelopment projects. For a full discussion of how this project addresses these policies, please see page five of the staff report. Based upon the above analysis, staff concludes the proposed Conditional Use may be deemed consistent with the Future Land Use Element (FLUE) of the GMP. Transportation Element: This Conditional Use may also be considered consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP, subject to the condition that the applicant abides by the terms of the Developers Contribution Agreement (DCA) approved by the Board of County Commissioners on November 13, 2007 (see Appendix 4 of the staff report). Based on the above analysis, staff concludes the proposed Conditional Use may be deemed consistent with the applicable elements of the GMP. AFFORDABLE HOUSING IMPACT: Approval of this Conditional Use would have no affordable housing impact. ENVIRONMENTAL ISSUES: The Environmental Services Department has reviewed this petition and has recommended approval, subject to the condition that the developer comply with the buffering requirements of the original ST permit (Resolution No. 02 -422, contained in Appendix 3 to the staff report). ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Pursuant to LDC Section 8.06.03 0.1 Powers and Duties, the EAC did not review this petition because no protected species or wetland impacts were identified on the site. In addition, the subject site does not exceed the minimum ten acres necessitating mandatory review. COLLIER COUNTY PLANNING (CCPQ COMMISSION RECOMMENDATION: The CCPC heard this petition at their August 7, 2008 meeting, and voted 9 -0 to forward it to the BZA with a recommendation of approval, subject to the following conditions: 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "ABC Fine Wine & Spirits Conditional Use," prepared by Q. Grady Minor & Associates, P.A. and dated August, 2007. CU- 2007 -AR -12419 Page 3 of 5 Item # 7A September 23, 2008 Page 4 of 128 2. This Conditional Use shall only allow liquor stores (SIC 5921) with more than 5,000 square -feet of gross floor area in the principal structure, limited to a maximum of 12,000 square -feet of gross floor area. The applicant must abide by the terms of the Developers Contribution Agreement, US 41 Developers' Consortium, approved by the Board of County Commissioners on November 13, 2007, or as it may be amended. 4. The developer shall comply with buffering requirements of Resolution No. 02 -422, Exhibit B. 5. Only delivery trucks with no more than two axles shall be permitted on the site. 6. The opening of the easternmost interparcel access connection depicted on the site plan shall be contingent upon an agreement by that property's owner, CVS Pharmacy. 7. The existing eight -foot wall shall be continued adjacent to the residential portion of the Falling Waters PUD up to the point where the self- storage is located, and shall be constructed of any material permitted by the Land Development Code other than wood. 8. No public entrances shall be permitted on the eastern /southeastern side of the proposed building. However, on August 13, 2008, the applicant requested that the item be re -heard by the CCPC on September 18, 2008, in order to revise one of the conditions of approval relating to delivery truck size limits (No. 5). Because of the three -day separation between this second CCPC meeting and the BZA hearing, the results of the meeting will be verbally presented by staff to the BZA. As a result, and the fact that staff has received one letter of objection to the project from the community, this petition has not been placed on the BZA's Summary Agenda. LEGAL CONSIDERATIONS: Before you is a Conditional Use for a 12,000 square -foot retail building in the C -3 Zoning District. A Conditional Use is a use that is permitted in a particular zoning district subject to certain restrictions. Decisions regarding Conditional Uses are quasi-judicial, and all testimony given must be under oath. The attached report and recommendations of the Planning Commission required are advisory only and are not binding on you. The petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question the petitioner, or staff, to satisfy yourself that the necessary criteria has been satisfied. In addition to meeting the necessary criteria, you may place such conditions and safeguards as you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort, CU- 2007 -AR -12419 Page 4 of 5 Item # 7A September 23, 2008 Page 5 of 128 convenience, appearance, or the general welfare of the neighborhood. As a further condition of approval of the Conditional Use, you may require that suitable areas for streets, public rights -of -way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use, subject to appropriate impact fee credits. Approval or denial of the petition is by Resolution, with approval of the Conditional Use requiring four affirmative votes of the Board. -STW RECOMMENDATION: Staff recommends that the Board of Zoning Appeals approve CU- 2007 -AR- 12419, subject to the conditions recommended by staff and the CCPC, contained in the attached resolution. PREPARED BY: John -David Moss, AICP, Principal Planner Department of Zoning & Land Development Review CU- 2007 -AR -12419 Page 5 of 5 Item # 7A September 23, 2008 Page 6 of 128 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU- 2007 -AR- 12419, ABC Liquors Inc., represented by Heidi K Williams, AICP of O Grady Minor and Associates, P.A., is requesting a Conditional Use of the Commercial Intermediate (C -3) Zoning District with a Special Treatment (ST) Overlay to increase the maximum allowable square- footage of personal services, video rental, or retail uses (excluding drug stores, 5912) from 5,000 square -feet of gross floor area to 12,000 square -feet of gross floor area in the principal structure. The subject property, consisting of approximately 1.79± acres of land, is located in the northeastern quadrant of the CR951 and US41 intersection, in Section 3, Township 51 South, Range 26 East, Collier County, Florida. Prepared By: Department Date Zoning and Land Development Review 9/5/2008 1:10:31 PM Approved By: Department Approval Date Zoning and Land Development Approved 9/16/2008 11:26 AM Review Approved By: Department Approval Date Transportation Planning Approved 9/16/2008 1:18 PM Approved By: Department Approval Date Transportation Approved 9/16/2008 2:15 PM Approved By: Department Approval County Attorney Approved Approved By: Department Approval D ate 9/16/2008 3:10 PM Date Item # 7A September 23, 2008 Page 7 of 128 CDES Approved 9/16/2008 5:14 PM Approved By: Department Approval Date Office of Management Approved 9/16/2008 5:22 PM and Budget Approved By: Department Approval County Approved Manager's Office ATTACHMENTS: Name: Description: D EXECUTIVE SUMMARY.doc Executive Summary D CU 2007 =AR- 12_419 =ABC Fine Wine and Spirits pdf Staff Report D apo.odf Application D abc resod Resolution Date 9/16/2008 8:00 PM Type: Executive Summary Staff Report Application Resolution Letter AGENDAS 4n 4er 23, Page 8 of 128 CP)e-r County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING: AUGUST 7, 2008 SUBJECT: PETITION CU- 2007 -AR- 12419, ABC FINE WINE AND SPIRITS PROPERTYOWNE,R., AGENT: Charles Bailes, CEO Heidi K. Williams, AICP ABC Liquors Inc. Q. Grady Minor & Associates, P.A. 9001 S. Orange Avenue 3800 Via del Rey Orlando, FL 32824 Bonita Springs, FL 34134 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for a Conditional Use for a retail establishment with more than 5,000 square -feet of gross floor area in the principal structure in the Commercial Intermediate (C -3) Zoning District and Special Treatment Overlay (ST), as specified per Section 2.03.03.C.1.c.17 of the Collier County Land Development Code (LDC) (Ordinance No. 2004 -41, as amended). GEOGRAPHIC LOCATION: The approximately 1.79 -acre subject property is located on the northeast corner of the Collier Boulevard (CR -951) and Tamiami Trail East (US -41) intersection, in Section 3, Township 51 South, Range 26 East, Collier County, Florida (see location map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The petitioner's Conditional Use application seeks approval of a 12,000 square -foot retail building. According to Subsection 2.03.03.C.l.c.17 of the LDC, the C -3 Zoning District only allows personal services, video rental, or retail uses with greater than 5,000 square -feet of gross floor area in the principal structure by a Conditional Use (drug stores are excepted from this square- footage restriction). The applicant's anticipated use, a liquor store (SIC 5921), is one of the retail services permitted in the C -3 'Zoning District; however, because the applicant's CU- 2007 -AR -12419 CCPC August 7, 2008 Page 1 of to Item #7A September 23, 2008 cagy .., / i . § | )\ . � � 2| �� ` � i °� ! | / , | %■ � k� z © / , -- |¥ 4" . / ° / J, ,| .., / i 128 _ « � a z z ) w � « � 2 O_ e « Q O -j . | )\ . � � k �� ` � i °� ! | / , | %■ k� • . © / , -- |¥ 4" . 128 _ « � a z z ) w � « � 2 O_ e « Q O -j Z � 4 14 ` �. ♦ xaas � gg as ` ♦ ' //l ETC .L / / / !%' / E fi4 pY 44 Item # 7A 2 p�pE 4fi 23, 2008 128 Item # 7A September 23, 2008 Page 11 of 128 proposed retail area is 7,000 square -feet larger than the 5,000 square -feet permitted, Conditional Use approval is required. As shown on the Conceptual Site Plan on the preceding page, entitled "ABC Fine Wine & Spirits Conditional Use," prepared by Q. Grady Minor & Associates, P.A. and dated August, 2007, the proposed use would be situated to the north of the existing CVS Pharmacy occupying the northeastern quadrant of the intersection of CR 951 and US 41. (This drug store was allowed by- right and approved per SDP - 2002 -AR- 2488). Vehicular access to the site would be provided from a direct access point on CR 951 to the west, or from two interparcel accesses along the southern boundary of the site, which would connect the site to the CVS Pharmacy and ultimately to US 41. Pedestrian access would be afforded via an existing sidewalk along the property's CR 951 frontage, linking the site to the parcels abutting it to the north and south. The majority of the proposed 12,000 square -foot retail building would be situated on the eastern half of the site and would be required to meet all the design standards of LDC Section 4.02.02, Dimensional Standards for Conditional Uses and Accessory User in Base Zoning Districts. Approximately 36 parking spaces would be distributed on the eastern and western sides of the building, with 16 more spaces adjacent to the travel aisle along the southern boundary of the site. Perimeter buffers would be required adjacent to the surrounding uses, pursuant to LDC section 4.06.02, Buffer Requirements, and to the enhanced buffers required pursuant to the previously approved Special Treatment permit for the existing drug store (see Resolution No. 02 -422, Appendix 3). Approximately 0.95 acres of the site would remain as open space; and the 0.22 -acre preserve requirement would be met by an existing preserve on the drug store site, which, as approved, was designed to accommodate the LDC preserve requirement for both parcels. It should be noted that a Conditional Use for a 17,500 square -foot office supply store with 61 parking spaces was previously approved for the subject site in 2005 (see Resolution No. 2005- 400, Appendix 2), but is due to expire on November 14, 2008 due to inactivity. This application, instead of limiting itself to one particular use would, if approved, allow any of the permitted uses noted on page one to be built up to a maximum of 12,000 square -feet, and not just liquor stores (even though this is the applicant's intended use). CU- 2007 -AR -12419 CCPC August 7, 2008 Page 4 of 10 Item # 7A September 23, 2008. Page 12 of 128 SURROUNDING LAND USE & ZONING: North: Capital Self-Storage and multi- family uses; zoned Falling Waters PUD East: Vacant land; zoned C -3 South: CVS Pharmacy; zoned C -3 -ST West: CR 951; and vacant land zoned C -4 (General Commercial) and Lely Resort PUD GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Urban Commercial District, Mixed Use Activity Center Subdistrict, and is located within Activity Center No. 18, as identified on the Future Land Use Map (FLUM) of the GMP. Relevant to this petition, the Subdistrict permits the full array of commercial uses allowed in the C -1 through the C -5 zoning districts. As previously noted, the subject site is zoned C -3, and any proposed use would be required to be consistent with this zoning district. FLUE Policy 5.4 requires new developments to be compatible with and complementary to the surrounding land area. Comprehensive Planning leaves this determination to Zoning and Land Development Review as part of their review of the petition in its entirety. In order to promote Smart Growth policies, and adhere to the existing character of development within Collier County, the following FLUE policies, where applicable, are to be implemented for all new development and redevelopment projects: 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. As depicted on the Conceptual Site Plan, the project has direct access onto CR 951 and an additional access onto US 41 through the interparcel connections with adjacent property to the south. 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 trafrc signals. As noted above, there is an access to the west of the subject property on CR 951 and two interconnection points have also been provided along the southern boundary of the site that would provide access to US 41. Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. CU- 2007- AR•12419 CCPC August 7, 2008 Page 5 of 10 Item # 7A September 23, 2008 Page 13 of 128 As previously stated, this project would provide interconnection points with the adjoining neighbor to the south of the property. 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 project would have a connection to an existing sidewalk on CR 951 to provide pedestrian access to the site and to link the site with neighboring uses. Based upon the above analysis, staff concludes the proposed Conditional Use may be deemed consistent with the Future Land Use Element (FLUE) of the GMP. This Conditional Use may also be considered consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP, subject to the condition that the applicant abides by the terms of the Developers Contribution Agreement (DCA) approved by the Board of County Commissioners on November 13, 2007 (see Appendix 4). ANALYSIS: Before any Conditional Use can be recommended to the Board of Zoning Appeals (BZA), the Planning Commission must make a finding that: 1) granting approval of the Conditional Use will not adversely affect the public interest; 2) all specific requirements for the individual Conditional Use are met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As the property is in a designated Mixed Use Activity Center, which permits the full array of commercial uses allowed in the C -1 through the C -5 zoning districts, this proposal is consistent with the provisions of the GMP. Furthermore, C -3 retail uses with more than 5,000 square -feet of gross floor area (excluding 5912, drug stores) are allowed in the C -3 Zoning District of the LDC with Conditional Use approval. Therefore, with the conditions of approval included by staff, the proposal may also be found consistent with all of the applicable provisions of the LDC. 2. 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. Transportation Planning staff has reviewed the petition and no outstanding issues remain. As shown on the Conceptual Site Plan on page three, adequate vehicular access to the site would be afforded from a single point of ingress /egress along CR 951, and from two interparcel connections along the southern boundary adjoining the CVS Pharmacy, to provide access to US 41. Pedestrian access would be provided via an existing sidewalk along the property's CR 951 frontage, linking the site to the parcels abutting it to the north and south. On -site parking would be limited to a maximum of 52 spaces, including two handicap spaces, to CU- 2007 -AR -12419 CCPC August 7, 2008 Page 6 of 10 Item # 7A September 23, 2008 Page 14 of 128 meet the minimum parking requirements of LDC 4.05.04, Table 17, Parking Space Requirements, which call for a minimum of one parking spaces for every 250 square -feet of retail area (12,000 sq. ft. /250 sq. ft.= 48 parking spaces) and two handicapped spaces. As noted above, the applicant has entered into the US 41 Developers' Consortium DCA, which commits the developer to providing the project's proportionate fair share of improvements to the CR 951 and US 41 roadways. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. As previously noted, the proposed retail use would be primarily surrounded by other non- residential uses, such as the Capital Self- Storage facility to the north, a CVS Pharmacy to the south, and C -3 zoning to the east. Due to this location and the provision of LDC required vegetative buffers along the site's perimeter boundaries — including a required six -foot wall adjacent to the multifamily residential uses of the Falling Waters PUD that abut a small portion of the northern boundary of the site — impacts on the surrounding properties would be minimized. As shown in the aerial on page four, the proposed use would be further separated from the multifamily residential dwellings of the Falling Waters PUD by an existing driveway and carports along that project's southern boundary. Additionally, as noted on the Conceptual Master Plan, the proposed building has been situated on the western side of the site, as far from the residential uses as possible. Finally, any proposed retail use would be contained within the 12,000 square -foot building, and no outdoor storage or wholesale activities would be permitted. 4. Compatibility with adjacent properties and other property in the district. As noted above, the proposed retail use would be surrounded by other equally or more intense commercial uses. The CVS Pharmacy Store to the south has a larger 14,500 square - foot building area and 71 parking spaces; and the Capital Self- Storage to the north is a use permitted by -right only in the more intense Industrial (I) Zoning District. Furthermore, in 2005, the subject site was approved for a 17,500 square -foot office supply store with 61 parking spaces. Due to these circumstances and the provision of all the required vegetative buffers and wall, any impacts on the neighboring properties would be minimized and compatibility insured. ENVIRONMENTAL ADVISORY COUNCIL (EACI RECOMMENDATION: Pursuant to LDC Section 8.06.03 0.1 Powers and Duties, the EAC did not review this petition because no protected species or wetland impacts were identified on the site. However, the Environmental Services Department has reviewed this petition and has recommended approval, subject to the condition that the developer comply with the buffering requirements of the original ST permit, approved by Resolution No. 02 -422 and contained in Appendix 3. (Synopsis provided by Cheri Rollins, Administrative The meeting was held on January 31, 2008 at 6:00 pm in the Lely Elementary School cafeteria. Twelve people attended, including the applicant's agent, Heidi Williams; attorney, Richard CU- 2007 -AR -12419 CCPC August 7, 2008 Page 7 of l0 Item # 7A September 23, 2008 Page 15 of 128 Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A.; and County staff members Willie Brown and Cheri Rollins. Ms. Williams presented the project by summarizing the following: • The applicant's petition is for a Conditional Use to permit any allowable C -3 retail use, including a liquor store, within a building greater than 5,000 square feet. • Existing access to the site would remain from CR -951 and US -41; • The new development would be interconnected to both of these roadways by shared access with CVS Pharmacy; • The intended store would not have large truck deliveries like a large grocery store would; • Only small vending trucks would travel to and from the site; • In 2005, the site was approved for an 17,500 square -foot Office Depot store; • The approved Conditional Use was limited to office supply stores only; • Transportation staff has requested a pedestrian interconnection to Falling Waters Beach Resort PUD; • All code requirements including a Type A Buffer (10 feet wide with trees) adjacent to the neighboring self - storage facility and a Type B Buffer (15 feet wide with a wall, hedges, and trees) adjacent to Falling Waters Beach Resort PUD would be met. The residents' concerns were as follows: Increased traffic onto CR -951 to and from the site: Willie Brown, along with Ms. Williams, assured the residents that the Transportation Department would address issues related to access and circulation during the site development plan (SDP) process and that the plan presented was only conceptual in nature; The County Transportation staff's recommendation to install a pedestrian interconnection from the site to Falling Waters community: Falling Waters residents were adamantly opposed to the proposed walkway because of potential trespassing or other criminal activity. Concerns regarding the proposed boundary wall: Ms. Williams stated that the existing wall adjacent to the Falling Waters community would be extended to buffer the abutting PUD from the proposed commercial activities, as the LDC requires walls within the landscape buffer separating residential and commercial uses. The meeting concluded at approximately 6:45 PM. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU- 2007 -AR -12419 to the Board of Zoning Appeals subject to the following conditions: 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "ABC Fine Wine & Spirits Conditional Use," prepared by Q. Grady Minor & Associates, P.A. and dated August, 2007. CU- 2007 -AR -12419 CCPC August 7, 2008 Page B of 10 Item # 7A September 23, Page 16 of 128 2. This Conditional Use shall allow permitted personal services, video rental or retail uses, excluding drug stores (SIC 5912), with more than 5,000 square feet of gross floor area in the principal structure, limited to a maximum of 12,000 square -feet of gross floor area. 3. The applicant must abide by the terms of the Developers Contribution Agreement, US -41 Developers' Consortium, approved by the Board of County Commissioners on November 13, 2007. 4. The developer shall comply with buffering requirements of Resolution No. 02 -422, Exhibit B. 5. Only delivery trucks with no more than two axles shall be permitted on the site. CU- 2007 -AR -12419 CCPC August 7, 2008 Page 9 of 10 PREPARED BY: -k�" * WI WE BROWN, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: il Lq/ A a F� FFREY A. KLAT7KOW - COUNTY ATTORNEY Item # 7A September 23, 2008 Page 17 of 128 sag ATE DATE Z2:�."�r &Z, 7//6-/,) RAY D BELLOWS, ZONING MANAGER DATE DEpPA MENT OF ZONING AND LAND DEVELOPMENT' REVIEW / jla-�j 7jj (' ') � SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: 7.28'1a8� I PH K. SCHMITT, ADMINISTRATOR DATE C MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: a.' l� �- 7-Dy MARK P, STRAIN, CHAIRMAN DATE Tentatively scheduled for the September 23, 2008 Board of County Commissioners Meeting Attachments: Appendix 1: Findings of Fact Appendix 2: Resolution 2005 -400 Appendix 3: Resolution 02 -422 Appendix 4: Developers Contribution Agreement CU- 2007 -AR -12419 CCPC August 7, 2008 Page 10 & 10 BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2007 -AR -12419 The following facts are found: Item # 7A September 23, 200E Page 18 of 128 1. Section 10.08.00,D of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to 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: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: COMMISSIONER: Appendix 1 RESOLUTION NO. 05 - dnn A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL, USE TO ALLOW AN OFFICE SUPPLY STORE IN EXCESS OF 5,000 SQUARE FEET WITHIN THE C -3 ZONING DISTRICT (WITH AN "Sr' OVERLAY) PURSUANT TO THE PREVIOUS COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 2.2.14.3.11 (PROPOSED LDC SECTION 2.04.03, TABLE 2), FOR PROPERTY LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA. WHEREAS, the Legislature of the Stale of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County adopted the previous Land Development Code (LDC) (Ordinance No. 91 -02) in October of 1991 which was subsequently amended over time and included the comprehensive zoning regulations for the zoning of particular geographic division of the County, among which was the granting of Conditional Uses; and WHEREAS, the County pursuant thereto has adopted a new LDC (Ordinance No. 2004 -41, as amended), which Includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the new LDC omits the provisions serving as a basis for the type of conditional use sought by the petitioner in this case and thus causes a conflict pursuant to Paragraph Five, Conflict and Sevembility, of Ordinance No. 20D4.41 as amended, the new LDC, and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice es in said regulations made and provided, and has considered the advisability of a Conditional Use to allow an office supply store in excess of 5, 000 square feet within the C -3 Zoning District (with an "ST" Overlay) pursuant to the previous but still effective LDC Section 2.2.14.3.11 (proposed LDC Section 2.04.03, Table 2), on the property herelmfter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A ") that satisfactory provisions and Page 1 of 2 Item # 7A September 23, 2008 Page 19 of 128 Item # 7A September 23, 2008 Page 20 of 128 concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.13. of the LDC; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that; The petition, CO- 2005 -AR -7586, filed by D. Wayne Arnold of Q. Grady Minor & Associates, PA representing Southern Center in Naples, LC, with respect to the property hereinafter described in Exhibit "B," and the same is hereby approved with conditions as those conditions are enumerated in Exhibit "D" for a conditional use according to the previous but still effective Section 2.2.14.3.11 (proposed LDC Section 2.04.03, Table 2) of the LDC in the C -3 Zoning District (with an "ST" Overlay) for an Office Depot that will be a maximum of 17,500 square feet in size, in accordance with the Conceptual Site Plan (Exhibit "C). BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super- majority vole. Done this /'1 day of Ab i/ Gjrt e ✓ , 2005. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. Bkbt C,.CLERK COLLIER COUNTY, FLORIDA C . �,!t t"� BY:� W. Clerk FRED W. COYLE, CHAIRMAN test as to I f ignatOro bet) MM11! �S'�1L61- -'k't: Marjoit'e M. Student - Stirling Assistant County Attorney CU- 1007- Aa- TWdKIVIp Attachments: Exhibit A: Collier County Planning Commission Findings of Fact Exhibit B; Legal Description Exhibit C: Conditional Use Conceptual Site Plan dated March 2005% Exhibit D: Conditions of Approval Page 2 oft FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2005 -AR -7586 The following facts are found: Item # 7A September 23, 2008 Page 21 of 128 1. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and vdI1 not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes _ No B. Ingress and egress to 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: Adequate ingress & egress ss Yes ✓ No _ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: r� No affect or __ZAffbct mitigated by LL+ K r5 �oc�A{ titi-- Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes / No _ Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. n� DATE: q (Cj .vS/ CHAIRMAN: I r EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2005 -AR -7586 The following facts are found: Item # 7A September 23, 200E Page 22 of 128 1. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes / No _ B. Ingress and egress to 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: Adequate ingress & egress Yes V/ No _ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ✓ No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes —V—/ No _ Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: 9 1 Is I e S MEMBER: 1 EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2005 -AR -7586 The following facts are found: Item # 7A September 23, 2008 Page 23 of 128 1. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with tl�e Land Development Code and Growth Management Plan: Yes (_// No _ B. Ingress and egress to 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: Adequate ingress & egress ss Yes �/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effe�ctss- !. No affect or _ Affect mitigated by — Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible u:w} thin district Yes _ No _ Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. C ' DATE: �� MEMBER: EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2005 -AR -7586 The following facts are found: Item # 7A September 23, 2008 Page 24 of 128 t. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes _ No f B. Ingress and egress to 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: Adequate ingress & egress Yes `t No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: JNo affect or _ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes `/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: ;z", 1 S CJ MEMBER:_ L —` EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2005 -AR -7586 The following facts are found: Item # 7A September 23, 2008 Page 25 of 128 1. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with Land Development Code and Growth Management Plan: Yes `' No B. Ingress and egress to 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: Adequate ingress F& egress Yes / No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: / No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes J No Based on the above findings, this conditional use should, wi stipulations, (copy attached) be recommended for approval to the Board of Zoning Al 1 J� DATE: ? +) MEMBER: EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2005 -AR -7586 The following facts are found: Item # 7A September 23, 2008 Page 26 of 128 1. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes J No _ • B. Ingress and egress to 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: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes. No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: / c ., ' MEMBER: ✓ EXHIBITA f,.; G iG / '•': FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2005 -AR -7586 The following facts are found: Item # 7A September 23, 2008 Page 27 of 128 1. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes i No B. Ingress and egress to 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: Adequate ingress degress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or _ /Affect mitigated by - Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes X No Based on the above findings, this conditional use should, with stipul ions, (copy attached) be recommended for approval to the Board of Zoning Appeals DATE: ( F MEMBER:�1 EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU- 2005 -AR -7586 The following facts are found: Item # 7A September 23, 200E Page 28 of 128 1. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes / No WIT14 STIPc+a -A'T-IWt MlT7c�F} -n o,j B. Ingress and egress to 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: Adequate ingress & egress Yes v No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: --_.L //No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district wi Yes " No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals, DATE: - -�� MEMBER:�A- r,�.,s�tOi L� EXHIBIT A Item # 7A September 23, 2008 LEGAL DESCRIPTION A PARCEL OF LAND LWNG IN THE THE NORTHWEST QUARTER OF SECTION J. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS• COMMENCE AT THE NOR INEA5T CORNER OF TH£ NORTHWEST OUARTER OF SECTON J, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 8923'5J' W, ALONG TH£ NORTH LINE OF THE NORTHWEST OUART£R OF SAID SEC77ON J, FOR A DISTANCE OF J24.27 FEET TO A POINT ON THE EASTERL Y RIGHT OF WAY LINE OF COUNTY ROAD 951 (OR. 951); THENCE RUN S J5140108- W, ALONG SAID EASTERL Y RIGHT OF WAY LINE. FOR A DISTANCE OF 887.72 FEET TO THE PO /NT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 5420'16" £ FOR A OISTANCE OF 4J9.95 FEET; THENCE RUN S J5;i9'44" W FOR A DISTANCE OF 400.00 FEET 70 A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF TA441AMl TRAIL (U.S. 41),• THENCE RUN N 5420'76' W, ALONG SAID NORTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 379.38 FEET,• THENCE RUN N 24'19:52' W FOR A DISTANCE OF 59, 99 FEET TO A POINT ON me SAID EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951 (CR. 951),• THENCE RUN N J540108' E, ALONG SAID EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951 FOR A DISTANCE OF 365.00 FEET 70 THE POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED, HEREIN, CONTAINING 4.016 ACRES, MORE OR LESS BEARINGS SHOWN HEREON REFER TO THE NORTHERLY LINE OF THE NOR 7HWEST OUARTER OF SEC770AI 3, 70WNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N 892J'53" W. THIS PROPERTY IS SUBJECT TO EASEMENTS, R£SERVA 77ONS AND /OR R£SIRIC77ONS OF RECORD. Date., 4-6 -o5 SIGNED: -7686 wJE RGSS � SPTSM. Oj FZO R /DA CU- 2005 -AR Exhibit B * NOT A SURVEY * cj GRADY MINOR AND ASSOCIATES, P.A CIVR ENGINEERS • LAND SURVEYORS ■ PLANNERS 3800 VIA DEL BEY DONITA SPRINGS, FLORIDA 34134 PHONE : (941) 947 -114 (941)1947-0375 CERTIFICATE OF AUTHORIZATION NUMBER LD 5161 DRAWN BY.. J.C.L I SHEE1" 1 OF 2 I SECTION f. 3 -61 -28 LEGAL DESCRIPTION ECABRDS - SOUTH NAPLES - SOUTHERLY PARCEL SECTION 3. TOMMSNIP 6/ SOUTH, RANGE 28 EAST COLLIER COUNTY, FLORIDA DATE: 04103 i JOB CODE: ESN iDRAWINC J: o It lit A will 'N CP CU-2005-AR-7586 Exhibit Item # 7A September 23, 2008 Pape 30 of 128 Item # 7A September 23, 2008 Page 31 of 128 CONDITIONS OF APPROVAL 1. The Conditional Use approval to allow a 17,500 square foot Office Depot store, further defined in the Standard Industrial Classification Manual (SIC Code) as a Stationary Store, Use Number 5943, is limited to a maximum of 17,500 square feet of building area. The use shall be contained in one, one story building. The use is further limited to what is depicted on the site plan identified as "Conditional Use Conceptual Site Plan" prepared by Q. Grady Minor and Associates, Inc., last revised August 17, 2005, except as further conditioned below. 2. The parking area, dumpster and delivery areas must be located essentially as shown on the Conceptual Site Plan. They shall not be located between any commercial structure on the subject property and the property line shared with the Falling Water Beach Resort. 3. The Conditional Use will expire three years from the date of approval, however Conditional Use extension approval may be sought if such is allowed by the LDC regulations in effect at that time. 4. Parking areas must be provided in compliance with the LDC requirements in effect when development approval is sought, with the limitation noted in paragraph 2 above, 5. Approval of this Conditional Use shall not be construed as approval of the attached conceptual site plan; the site plan shall be formally reviewed and approved as part of the Site Development Plan process. No variances from any LDC requirements have been granted as part of the acceptance of the subject site plan. If it is determined that the site plan is not in compliance with any LDC requirements, the site plan must be brought into compliance prior to the issuance of any site development plan approval. 6. Development order approvals beyond Conditional Use approval shall only be granted by Collier County at such time as roadway capacity (as determined by Collier County Transportation Staff) exists to support the entire project. 7. The developer shall provide a six- foot -high wall along that portion of the north property line abutting residential uses. 8. The developer shall comply with buffering requirements of Exhibit B from the original ST permit except where the Office Depot use changes the layout of the landscaping. In those instances, the quantity of landscaping displaced must be placed elsewhere on -site. 9. The development shall provide a proportionate fair share commitment, not limited to monetary considerations, of any newly created developers' agreement that may come out of the private sector attempts to improve the road conditions in that area. 10. Prior to the issuance of a Certificate of Occupancy, the developer, or its successors and assigns, shall pay to the Collier County Affordable housing Trust Fund the sum of $0.50 per square foot of retail floor area. The payment of this sum set forth shall reflect a credit to the project's obligations to pay fees that may be adopted in the future by the County relating to the provision of affordable or workforce housing. CU- 2005 -AR -7586 Exhibit D (WCurrentTeselem \Conditional Uses \Office Depot - CU- 2005- AR- 75MConditions of Approval per BCC 11- 26.05.rtf) f 8A RESOLUTION NO. 02 - 922 RELATING TO PETITION NUMBER ST -2194 FOR A SPECIAL TREATMENT DEVELOPMENT PERMIT TO CONSTRUCT AN 11,200 SQUARE FOOT DRUG STORE AND A 266 -SEAT RESTAURANT ON PROPERTY ZONED C -313T, LOCATED M SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, WHEREAS, the Legislature of the State of Florida in Chapter 125• Florida Statutes has conferred on Collier County, the power to establish, coordinate and enforce, zoning and such business regulations as necessary for the protection of the public health, safety and welfare; and WHEREAS, the County pursuant thereto has adopted Ordinance 91 -102 as amended which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, the Collier County Commissioners, being the duly elected constituted board of the area hereby affected, has hold a hearing in regular session as in said regulations made and provided• and has considered the advisability of allowing the construction of an 11,200 square foot drug store and a 266 -scat restaurant as shown on the attached plans, Exhibits "A ", "B ", •C•• and "D ", in a C -3ST, Commercial Zoning District with Special Treatment Overlay for the Property hereinafter described in Exhibit "E ", and has found as a matter of fact that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and is in accordance with Section 2.2.24 of the Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; Petition ST -2194 filed by Michael Tandy, P.B•, of Landy Engineering, representing the Southwest Florida Opportunity Fund, with respect to the property more particularly described in Exhibit "E" which is attached hereto and incorporated by reference herein, be approved for a Special Treatment Development Permit allowing the construction of an 11,200 square foot drug store and a 266 -seat restaurant as shown on the attached plot plans, Exhibits "A", "B••, "C" and "D ", in a C -3ST, Commercial Zoning District with Special Treatment Overlay wherein said property is located, subject to the following conditions: 1. Permits or letters of exemption from the U.S. Army Corps of Engineers (USACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. 1- Item # 7A September 23, 2008 Page 32 of 128 8A M, 2. An exotic vegetation removal, monitoring and maintenance plan for the site shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/constmelion plan approval. 3. Minor revisions to Special Treatment Development Permit No. ST -2194 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number ST -2194 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DATE: OCT - 8 2002 -. •ATTEST: BY: DW)tAHT E. BROCK, CLERK JA N. COLETPA, CHAIRMAN `� j4tiv �CLEPI Attest as to Chairman's of f •t' '' YA{Sproved as to Form and I egal OnIY, Sufficiency: MU as S � a71 �Qtu.ccrr E Marjori M.M. St Assistant County Attorney h /ST Resolution -2_ Item # 7A September 23, 2008 Page 33 of 128 i 1;1 6 �I 951 MIM , i z yC L� mn� ^m� ^mm22lb O ti q YIYYI NN � Ai '�• nnnnn N V,Yu�N� Mm APR,, q q n n .xhibit "A11 �g rvc �arnrY�r na�o� awerwrr Ma uc &T ST DEVnOPIMNT APPUcATIDN SITE DEYEI.DPNENT PLAN wn Item # 7A LV r 4� I�� rr6r p � vr••.. Y .. : - -. PPfP t ;seat) t } 3ig3t1E f ill } li!!ll i Pill tlff' t{ `` it',., f iiiidd f {eiilr it I r } }} E SSi�ii E iii)I�! 1 iidrle SIt1 �� 11111 fill I fit Si }1ltft}tt 111 }} rrt n di } {dd iii tldd" ddddddd O f i t{ Cc Ct t' 6t i Item # 7A September 23, 2 y1de JJ M t t 1It 11'' I� ti tiff i t$P y et ,'� • }jli!1ft Ijf lj �(E . ,' d E } �r tl;• '� tl i � [d }�;bYle i! �d Sii{ ili 1 I+: CEN7ER PONT couwao�Mx.a � ■� r 3WWLClIVINGPLAN Exhibit "B" r 4 :4. - 4•T:., -•.. i E -' ,- �:, :,... ��r. ,.t ?' �,; r; ,- �:, :,... i Item # 7A _ September 23, 200E Pago 38 of 128 c 8A WARRANTY DEED THIS INDENTURE is mada w-� day of 2000, between RICHARD A. VAN AN WZ WERT7—w—fth as mailing ad ess of Van Wert, Zimmer, Bonesteel, Conlin & McCann, P.C., One Militia Drive, ,Lexington, Massachusetts. 02421, as the successor Trustee under LAND TRUST NO. 27- 8128 -00 -4 (formerly known as Land Trust ,NO. 50 -. .0656)', and not individually, as the "Grantor•, and - SOUTHWEST FLORIDA OPP-ORTUNITY FUND, L.L.C.; a Florida Limited Liability Company, with a mailing address of 2223 Trade Center Way, Naples, Florida 34109, as the "Grantee". The Grantor, in consideration of the sum of ONE MILLION ONE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($1,150,000.00), and other good and valuable considerations in hand paid, does hereby grant, sell and convey unto the Grantee the following described real property, situate, lying and-being in Collier County, Florida, together with the tenements and appurtenances thereunto belonging, to wit: Parcel 1 (Oliver). 'The Northwest quarter, (NW 1/4) of Section 3, Township 51 South, ,Range 26 East, Collier County, Florida: From the Northeast corner of sai6 Northwest quarter *W 1 /4) run with the Section line North 89 °23'53" Hest a distance of. 324.27 feet to the East right -of -way line of State Road #951; thence with said right -of -way line South 35040108" West a distance of 887.72 feet to the true POINT OF BEGINNING; Thence continuing with said right -of -way line South 95 040108" west a distance of 365.0 feet to its junction with the North right -of -way line of State Road #99; thence with the right -of -way line of State Road #90 south - 24 °19152" East a distance of 69.99 feet and South 54020116" East a distance of 159.38 feet; thence North 35 039144" East a distance of 400.0 feet; thence North 54 020116" West a distance of 220.'0 feet to the POINT OF' BEGINNING. Parcel Identification No. 00724640005 The Northwest quarter (NW 1/4) of Section 3, Township 51 South, Range 26 East, collier County,, Florida: From the Northeast corner of said Northwest quarter (NW 1/4) run with the Section line North 89 °23153" West a distance of 324.27f feet to the East rightlof -way line of State Road #951; thence with said right -of -way line South 35040108" West a distance of 1252.72 feet to its junction with the North right -of -way line of State Road #90; thence with the right -of -way line of State Road #90 South 24 °19'52" East a distance of 69.99 feet and South 54020116" East a distance of 159.38 feet to the true POINT OF BEGINNING. Thence North Exhibit "E" Page 1 of 2 BEGINNING. Parcel:Identificaticn „No 00724640005. Tkie: "s{tbject propertysis'not thehomes,tead of the Grantor, who is a resident of the state of MassachuAtts. TO HAVE AND TO HOLD the same in fee simple and to the proper use and benefit forever of said Grantee; This Deed is made subject to real estate taxes; zoning and use restrictions imposed by governmental authority; restrictions and easements common to the subdivision; and •outstanding oil, gas and mineral interests of record, if any. IIN WITNESS WHER OF the Grantor has set his hand and seal, tZ this day of 2000. Signed', sealed and delivered in presence of: !l k Z� SI NATURE OF WITNE No. 1 PRINTED NAME OF WITNESS N0. 1 J S GNATURE OF WITNESS No. 2 PRINTED NAME OF WITNESS NO. 2 RICkARD A. VAN WERT; as successor Trustee under LAND TRUST NO. 27- 8128 -00 -4, and not individually, as Grantor M Exhibit "E" Page 2 of 2 Item # 7A September 23, 2008 35 °39'44" East a distance of 400 220 feet; feet; thence thence South _. South Page 39 of 128 8 A 54 °20'16" East a distance of North 35 °39144° West a distance of 400 feet; thence the POINT OF- 54 0201160 West a distance of 220 feet to BEGINNING. Parcel:Identificaticn „No 00724640005. Tkie: "s{tbject propertysis'not thehomes,tead of the Grantor, who is a resident of the state of MassachuAtts. TO HAVE AND TO HOLD the same in fee simple and to the proper use and benefit forever of said Grantee; This Deed is made subject to real estate taxes; zoning and use restrictions imposed by governmental authority; restrictions and easements common to the subdivision; and •outstanding oil, gas and mineral interests of record, if any. IIN WITNESS WHER OF the Grantor has set his hand and seal, tZ this day of 2000. Signed', sealed and delivered in presence of: !l k Z� SI NATURE OF WITNE No. 1 PRINTED NAME OF WITNESS N0. 1 J S GNATURE OF WITNESS No. 2 PRINTED NAME OF WITNESS NO. 2 RICkARD A. VAN WERT; as successor Trustee under LAND TRUST NO. 27- 8128 -00 -4, and not individually, as Grantor M Exhibit "E" Page 2 of 2 ev m� �v W N PyO w rn M N v m R � em M O p Q � O �r N n�i o t3 d 8 9�B~ Item # 7A September 23, Page 40 of 128 DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS' CONSORTIUM THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this 13A�, ofd, 2007, to be effective as of the date upon which this Agreement is approved by the Board of County Commissioners of Collier County (the "Effective Date'% by and among NAPLES RESERVE, LLC, a Florida limited liability company, KITE EAGLE CREEK II , LLC, an Indiana limited liability company, KRG EAGLE CREEK Iv, LLC, an Indiana limited liability company, KRG 951 & 41, LLC, an Indiana limited liability company, TOUSA HOMES, INc., a Florida corporation, ABC LIQUORS, INC., a Florida corporation, NBC RV, LLC, a Florida limited liability company, NBC LAND HOLDINGS, LLC, a Florida limited liability company, NAPLES BIG CYPRESS MARKET PLACE LIMITED PARTNERSHIP, LLLP, a Florida limited partnership, REALTYNET REAL ESTATE, LLC, a Florida limited liability company, and HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., a Florida non -profit corporation (each a "Developer" and, collectively, the "Consortium Developers') and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "Countn. All capitalized t t defined herein shall have the same meaning as set forth in the Collier County Cc -T! a Ordinance, Ordinance No. 2001 -13, as amended. �t,�.- —� WHEREAS, the development projects (eac graphically in Exhibit "A" Collier County, Florida; at control portions of the )evelopments "), identified .located in unincorporated WHEREAS, LDC Sec .02.07.C.4. provi r�4 pon approval by the Board of County Commissioners, any i hall enter int rceable development agreement with Collier County pursuant to th vts .3220 -- 163.3242 or other agreement acceptable to the Board of County m conjunction with the approval of a development order and/or a certificate of public facility adequacy. The effect of the development agreement shall be to bind the parties pursuant to the terms and conditions of the development agreement and the certificate of public facility adequacy in order to insure that adequate public facilities are available to serve the proposed development concurrent with when the impacts of the development occur on the public facilities;" and WHEREAS, the Consortium Developers and the County desire to enter into this Agreement in order to grant to each Developer vested concurrency rights with respect to the Development owned or controlled by it, in exchange for the Consortium Developers fully funding, at their sole cost and expense, the design, permitti struction, Construction- Engineering and Inspection (CEI), and land acquisition for th Road Prof t. The Road Project shall consist of (I) at grade intersection improvements at the inters of CR Route 951 and SR Route 41, (2) six lane road improvements from the intersection of CR Route 951 and SR Route 41 to Henderson Creek, and (3) four lane mad improvements from Henderson Creek to 0.25 miles east of Naples Reserve Blvd., all as generally depicted on the Project Overview Map -I- 0 .r� M N a M 0 M c.� 0 Item # 7A September 23, 2008 Page 41 of 128 attached as Exhibit "C" and the conceptual cross - sections as set forth in Exhibit "D." All work to be performed in conjunction with the Road Project will be designed and constructed in accordance with the preliminary plans set forth as Exhibit "E;' and will be subject to State and County approval. The parties agree that the final plans may change and shall be subject to SFWMD approval. The Road Project improvements shall include bridge, culvert and CR951/US41 intersection improvements as depicted in Exhibit' F" that have been approved by FDOT for general compliance with the US 41 PD&E study. The parties hereto estimate that the total cost of the Road Project is approximately $52,938,385. Irrespective of the actual cost of the Road Project, and as more particularly set forth herein, the Consortium Developers shall be granted the total sum of $28,466,874.46 in Road Impact Fee Credits; and WHEREAS, the County is willing to enter into this Agreement in order to accelerate the improvement of this intersection and road at a cost which the County believes is less than that which the County could otherwise obtain; and WHEREAS, the Transportation Administrator of the County has recommended to the Board of County Commissioners that the lect set forth in this Agreement is in the conformity with the contemplated upp 1�_ c ;lions to the County's transportation network; and / WHEREAS, after Board finds and reaffirms a. The and additions to the County Commissioners, the improvements b. The R roject, viewed ' nj with other existing or other proposed plans, inciu from other dev I not adversely impact the cash flow or liquidity of the R� 's road impac accounts in such a way as to frustrate or interfere wi d going growth- necessitated capital improvements and additions to sportation system; and C. The Road Project is consistent with both the public interest and with the comprehensive plan, the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance, NOW, THEREFORE, in consideration of Ten Dollars (10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2- Item # 7A September 23, 2008 Page 42 of 128 Developers' Commitments 2. The Consortium Developers will fully fund, at their sole cost and expense, the design, permitting, construction, and land acquisition for the Road Project, and will also provide a County and FDOT approved CEI for the Road Project. The Road Project shall be submitted for review, permitting and inspection through the Collier County Transportation right -of -way department and FDOT through a joint application between Collier County and the Consortium Developers and all comments from the County and State shall be considered. All permit applications will be filed on behalf of the County. Final acceptance shall be consistent with the typical State or County acceptance process for public roads. Any and all construction agreements relating to this Road Project must first be submitted to the County for approval, which approval shall not be unreasonably delayed or withheld. The County reserves the right to require each and every construction agreement relating to the Road Project to contain a clause Nthat would allow for the assignability of the agreement to the County at County's written request, with such language to be prepared by the Office of the County Attorney, the purpose of which would be to allow the County to complete the Road Project if need be. w c.n 3. All property acquired conveyed to the County in fee a' executed General Warranty D hereto as Exhibit "G." The 'Co" o searches, and shall be reap nsi e encumbrances revealed in y t Warranty Deed in the Publi R shall be paid by the Consort ym 4. County will this Road Project shall be promptly arrd Cl ns and encumbrances, mace by an for reoordi ene ral form of which is attached evelopers will y e costs of any title work and is romp r oving or curing any liens, o ty shall record each General e C c sts f recording and conveyance whatever reasonably expedient manner. osts of acquisiti will be borne by the Consorti lopers. The Developers are following the c T project area for right -of -way widths. Irs�r(b31 minimal except for land required for water managem Patstthe a otherwise acquired in a ation (excluding staff time) owledges that the Consortium dy prepared for the applicable right -of -way takings will be and turn lanes. 5. Not later than two hundred seventy (270) days after the Effective Date, the Consortium Developers shall post a performance bond acceptable to County as a financial guarantee for the then - estimated total design, permitting, construction, mitigation, CEI and land acquisition cost of the Road Project. The Consortium and County agree to review the performance bond amount at the milestone dates to revise the amount as mutually agreed upon by both parties to reflect the current project engineer's estimate or the construction contract amount. Should the Consortium fail to post the revised bond, then at anytime after thirty (30) days written notice to the Consortium, the County can declare the Consortium to be in substantial breach of this Agreement, in which event (a) the phasing schedule will terminate; (b) the County will call the performance bond; (e) the County will build or cause to be built as much of the Road Project as financially feasible under the existing performance bond, with the Consortium Developers using their best efforts to assist the County's efforts in completing the Road Project, including but not limited to assigning any permits and agreements and completing the conveyance of needed right -of -way; and (d) this Agreement shall terminate in all other respects, -3- Item # 7A September 23, Page 43 of 128 except that the Consortium shall still be entitled to the Impact Fee credits, but no additional certificates of occupancy shall be granted outside of the last approved completed phase. 6. Within ninety (90) days after written request, Naples Reserve LLC will provide for and grant and dedicate to the County a 100 -foot reservation of rights for an alternative north- south road way east of Collier Blvd, along the west property line of Naples Reserve. Such right - of -way will be in the approximate location as depicted on Exhibit "H." In addition to donating the road right -of -way, Naples Reserve LLC shall provide for the surface stormwater management for a four lane urban section for the portion of the road constructed within the donated right -of -way, and provide drainage structure connections to the limit of the reservation area. The right -of -way shall be donated at no cost to the County as set forth in paragraph 3 above. 7. The Consortium Developers will abide by a phasing schedule for their respective N Developments as set forth in Exhibit "I." Phasing shall be done in accordance with the following Project Milestones. 6 °" • Upon posting of the M ,R COUP o L • Commencer nstruction of Project o • Substanti co 1 o e ject (all anes open to traffic) Collier County Site Develo me 's, g d Building permits can be issued for all projects upon ex ut on f h w der o certificates of occupancy will be issued until the Prej r e ted. 8. Each of the elopments may o into their respective water management systems, all req ater quantity an tEy uality treatment for the Road Project. The Consortium Develo contribute ' - ay for the at grade improvements recommended in the FDOT PD urd by the South Florida Water Management District. County Commitments 9. The County has determined that the Road Project is an interim improvement consistent with the FDOT PD &E that provides capacity for the Consortium Developers and already vested adjacent developments for a portion of the study area. Accordingly, no additional development approvals that directly impact this segment of US41will be granted outside of this Agreement until the Road Project is completed unless otherwise approved by the Board of County Commissioners. Upon completion of the Project, the County shall evaluate the roadway capacity, background traffic and vested trips to determine if any additional approvals may be granted. -4- M M N c; a M O M_ a 0 Item # 7A September 23, 2008 Page 44 of 128 Beneltts to Developers 10. In accordance with the phasing schedule, as set forth in Exhibit "P' the Consortium Developers shall receive the sum of $28,466,874.46 in Road Impact Fee credits as set forth in a copy of the Impact Fee Ledgers, attached as Exhibit "J ". The credit for Road Impact Fees identified herein shall run with each of the respective Developments and shall be reduced by the entire amount of each Road Impact Fee due for each Building Permit issued thereon until the respective Development project is either completed or the credits are exhausted or otherwise no longer available, or have been assigned by operation of or pursuant to an assignment agreement with County. The foregoing reduction in the Road Impact Fees shall be calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit Is submitted. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for which the respective Developer, its successors and assigns are responsible in connection with the development of their lands. It is expressly understood that the Impact Fee Credits will be utilized in the order in which the Building Permits are reviewed by the Impact Fee Administration, irrespective of whether Developer assigns all or part of the Development. 11. In accordance i Consortium Developers shall ( "Cortificates') vesting each therein for the purposes orsa( Issuance of these Certificat respective obligation to pay C� 12. This agreement under the as set forth in Exhibit 'T' the f Adequate Public Facilities construct those units set forth Concurrency requirements. tive Developers from their not be cons �c aracterized as a development m ement Develop , t greement Act. 13. The burdens of this kgn6efdcbl Qr)§: b`mding upon, and the benefits of this Agreement shall inure to, all successors in ffinrOMM the parties to this Agreement. Upon giving written notice to the County, each of the Developers may assign all or part of the Road Impact Fee Credits to which they are entitled utilizing the County's then current form of assignment, to successor owners of all of part of the Developments, or as otherwise provided for in the Collier County Consolidated Impact Fee Ordinance. A Consortium Developer may transfer or assign all or a portion of the approved density or square footage to another project on the same roadway link (US -41 from SR951 to Greenway) or that directly impacts the intersection of US41 with SR- CR951 as shown on Exhibit "C ", whether owned by that Consortium Developer or owned by another developer. 14. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner or its successors or assigns, of the necessity of complying with any law, ordinance rule or regulation governing said permitting requirements, conditions, terms or restrictions. -5- M N UP a M O M d+ Item # 7A September 23, 2008 Page 45 of 128 15. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a many which best reflects the intent of this Agreement. 16. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest, All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed to the parties at the addresses set forth in Schedule I to this Agreement, or such other address of which a party hereto shall give notice. Notice shall be deemed to have been given on the next successive business day to the date of the courier, if sent by nationally recognized overnight delivery service, or if delivered by Certified Mail, upon actual receipt. 17. Each Developer shall execute this approval by the Board of County Commissioners. County in the Official Records of Co ' Effective Date. Developers shall provide a copy of the recorded 4499i't-C the Dev 0 18. In the event resolve such dispute first b; Procedure, if any. Followb action for injunctive relief Agreement, and remedy bei for the enforcement of the A Agreement prior to it being submitted for This Agreement shall be recorded by the %da, hin fourteen (14) days after the Agreement. The County shall request. the parties shall attempt to *mative Dispute Resolution my, either party may file an to enforce the terms of this edies available to the parties 19. This Agreement 'tutes the entire a ' between the County and the parties with respect to the activity t in es and takes the place of any and all previous agreements entered in n s hereto relating to the transactions contemplated herein. All prior representatro ertakings, and agreements by or between the parties hereto with respect to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and all prior representations , undertakings, and agreements by and between such parties with respect thereto hereby are canceled. 20. The individuals signing this Agreement on behalf of each party represents and warrants that he or she has the full power and authority to execute this Agreement for the party upon whose behalf he or she is executing same and that upon such execution, such party shall be fully bound by each and every provision of this Agreement. 21. Nothing contained herein shall be deemed or construed to create between or among any of the parties any joint venture or partnership nor otherwise grant to one another the right, authority or power to bind any other party hereto to any agreement whatsoever. c� r w M O M W O Item # 7A September 23, 2008 Page 46 of 128 22. This Agreement may be executed in separate counterparts, each of which when so executed shall be an original, but all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: DWIGFi l :$ROCK, CCle�rkk�� BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL RIDA By: TTA, Chairman -7- kAD LVW M 'a'^7 �O M cY O SIGNATURE PAGE TO DEVELOPERCONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WCCNFSSFS: Signatum Pt3arted Name oompany,.who acknowladgod the exeoutlo'n on balWof said limited liability eonl4my, Witness my hand and ,.�• ": CINDY L. StMLLWOOD F1'• t Notary Pubk- State ofFW& i% ! CanrtaeUK N DD 418494 Bagea ey NaeaiW NatmYAaxi. My Commission Expim; G -T an-g Atnv State, Personally apps Of (3wr Coast Na LLC, a Florida hra tad list instrument as such officer ibt County of Residence: Item # 7A September 23, 2008 Page 47 28 Item # 7A September 23, 2008 Page 48 of 128 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: KITE EAGL x II, LLC, an Indiana limited lia it o npany By: Signature nn�.�'� l i two e i l c.l� lame: ` T)�o Mh,s }�. M G 6a.�A.N r— 'Printed Name (Title: � e •P QP:CA�i " B•T r Lr c-'� nom.• Signature of C� a 1ER COU C" Printed Name STATE OF COUNTY OF Before, a Notary Pu 1 Bond said `ryh d State, personally appeared 'Ih01nGi$ K. MCL�O^n . th , ' Of KITE EAGLE CREEK II, LLC, an Indiana limited liability a Ire a o`y1 ed the execution of the foregoing instrument as such officer for and on be� liability company. ,,,,Wilneq my hand and Notarial Seal this Ur-day of OCtd-or 2007. RqT ' NOTARY SEAL: *' s *' PUBLIC vlav\ P (printed name) �•.,;9� OF r° Notary Public My Commission Expires: County of Residence: IAA.•1ov% Item # 7A September 23, Page 49 of 128 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: KRG EAGLE CREEK IV, LLC, an Indiana limited liability y r� By. ignature Dr / O,�iTTeme:'Tl.....ia e Y F•i /' l..N. f a hl w Printed Name Title: 6f rwr LAPI — cra , N IUD Signature aced Z 3 2Da e."IR C U o `Y' Printed Name G 0 STATE OF F" COUNTYOF Mq-R-toel Before, a Notary Pub and for said d State, personally appeared Ckc�nAS IL.A[(s,or �g.� , th of KRG EAGLE CREEK IV, LLC, an Indiana limited lia towledged the execution of the foregoing instrument as such officer for aid limited liability company. Witness my hand and Notarial Seal this 04day of ©o4yAW 2007. .................... P' (signa NOTARY 9Z ' reY * SEAL z tP•, PUBLIC ' * ' (printed name) +k� 9 `PaQ Notary Public bw, OF INS My esft miss 6n Expires: County of Residence: , i6Lj W17aq M4rt6v\, Item # 7A September 23, 2008 Page 50 of 128 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: KRG 951 & 41, , an Indiana limited liability comp y By: Signature - � %PName:76y aa* S H C6-ywAn► o, altOLIfcl' C�h1rrMit �t GCr C1.12 Printed �Name Signature - - - - 0 atis' 2 3 206 7 M 1. Printed Name •C' STATE OF IHP(A+* COUNTY OF MAKtON) Before, a Notary Publi t ' d for said C nd State, personally appeared - Wwnrb9 K. Wfio ziwi , the of KRG 951 & 41, LLC, an Indiana limited liability compan , a ged the execution of the foregoing instrument as such officer for and on. ehalf of sar limited liability company. Witness my hand and Notarial Seal this 294 day of 00do w 2007. NOTARY ''Z = —� ture)— ' SEAL UC My Commission Expires: •V J � r (printed name) Notary Public County of Residence: 1ulAeA10(\, M N fs. c� M a O Item # 7A September 23, 2008 Page 51 of 128 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: Signature STATE OF Orjel&-L COUNTY OF Lee BeFo a Notary P 'L7&.vrd A. ebb a Florida corporation, who officer for and on behalf of si Witness my hand and My Commission Expires: i -S -2.011 TOUSA HOMES, INc., a Florida cofporatl By:— o \� n p Name: &4..s Y A (A Title: 6LQ 1 -S1 M 1'h1��W1 Dated: 1 1 - 1 Z- LQe'7 Item # 7A September 23, 2008 Paqe 52 of 128 SIGNATURE PAGE TO. DEVELOPERCONtRMUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES-, ABC LIQUORS, INC., a Florida corporation Ct�b Name /J'o ua t:.. cr i Printed Name Titles O N °' Signalise C=p 0" P_ 1 � tad � o Printed (' N�JemeYt'l�' G ?f a STATE OF LOf I ) O ^ COUNTY OF t-A f-* Before, a Notary iti and for said tale; personally appeared ABC .' c k 0 of O of ABC LIQUORS, INC, a Florida corporation, who so lmo exec"Aday ing instrument as such officer for and on behalf of said limited 8g Witness my hand end of Seal this _ 1-12-e--V— 2007. (signature) Notary Public a� My Commission Expires: County of Residence: SIGNATURB PAGE TO DEVELOPER CONTRIBUTIQN AGREEMENT (IS 41 DEXELOPgR6i CONSORTMM WITNESSES: NBC RV; LLC, a Florida limited liability p company Sigaatiue • `~ Printed Name Title: _%% • �_ N� /1�� -C_ iLp/ M L G.,,. S (. R co — Printed Name ^O�1 t, Mcr rx 0 STATE OF F1010h'L1 ) /^n'1 n 5% COUNTY OF as such Witness my hand and F y "`7' •o CINDY L smALLW00D • E N0t&rYPU*•Sta15dPbft •'f#NCcmNnWaEx/YaJun5,2009 Boridstl NWaW Am tor. said Notary Public My Commission Expires: County of Residence: & :5 a<an9 Coo /%,i- Item # 7A ter Poly appeared of 1V1}C JkVt. i.LC, a the breping inatnmment NITiYI M M N a M O M O Item # 7A September 23, 2008 8 SIGNATURE #AGE TO DEVELOPER CONTRIBUTION AGREEMENT U$ 0 DEVELOPERS CONSORTIUM wn?MSFS: Printed Nan sign 'Pre n STATE OF COUNTY OF instrument as such Witless my hand and F u' +. "'••� GNDY L. SMpLLVypDD e NofmyPuh&•SUtedFbft ( * Caner %&W EWM Jun 5 2DO9 Cww6Sbn#DDI76494 eaidetl ay Nn6ony Assn., My Commission Expires: b n- )Ong NBC. LAND HOLDINGS; LLC, a Florida Iimited liabilitycompmy or. Name:. .. •� Tider. n a��a�t e Public County of Residence: w111 &— 2007. Item # 7A SIGNATURE PAGE TO DEVELOPERCONTRISUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM m WrINESSFS: NAPLES BIG CYPRESS MARKET PLACE CamMUlon Explree Jun 5. W LIMITED PARTNt• Rip, LLLP, a Florida ComnaelW#DD41$484 C� %//L -- L�o limited parmmtdp — I (printed nam) Signaturo By. My. CommissionBxpirea: County of Residence: Zo :5 •,.rte 6111e1-- Name: a. N led Nam �� rn /. Title: °^` /r of Basile Develo 1 C,.tbe General t..7 Si . Parmel` Of NAPLES Bltl CYPlt&YS MARKET p`' P TED PARTNEmrp, LLLP c°►� tad Name � 6t I R.0 �• Gp — a 0 STATE OF F(ar /(,Y12 COUNTY Oi�n/� /fir S E., n a N$Y for said Co personally appeared of Basik: Devolopn=4 LLC, tha G®eaal Partner of G MARtm LIMrrED PAR ZkffWP, LLLP, a Florida limited P111i admowl execution' of the fbreping instrument as such for Wibwomyhand and NotpaW);cai.this ¢sy�ii'i/Y�J 2007. m / i ....... CINDY L SMALLWOOO NWary Pu* •Stele of flada f CamMUlon Explree Jun 5. W /�I- ComnaelW#DD41$484 C� %//L -- L�o 6adW S/ Netbnal Nobry Am — I (printed nam) Notary Public My. CommissionBxpirea: County of Residence: Zo :5 •,.rte 6111e1-- m L" %XC M_ L7 W M 0 M a 0 Item # 7A September 23, 2008 Page 56 of 128 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM WITNESSES: i[ 4. 1- .` '—Signature Printed ame N� Title: ©yJA.CY- Signature Printed STATE OF COUNTY OF f i /% Bef''o e, Q Notary Pu and for said `Q-e 3 a:1 t th ESTATE, LLC, a Florida limited ily foregoing instrument as such otticer for rji State, personally appeared of REALTYNET REAL cknowledged the execution of the limited liability company. Witness my hand and Notarial Seal this day of �V o�pwM Y++' , 2007. �p1pRV P�B�ic i (Signature) i LOIS II FRAZIER ,'o (printed name �FOF rlav Notary Public My QFmmnd i=Mxpires: a %0 &doll County of Residence: PIU, n Item # 7A September 23, 2008 Pa9a 57 of 128 SIGNATURE PAGE TO DEVELOPER CONTRIBUTION AGREEMENT US 41 DEVELOPERS CONSORTIUM STATE OF COUNTY OF Before, a Notary Pubho Durso, MD:,. the President of I Non-Profit Corporation. who I officer for and on behalf of said HABITAT FOR HUMANITY tit CoLuzR COUNTY, INC,. a Florida Non -Profit Corporation By Name; Sam ! d. Durso: MD. Title- President R co Dated: L i aiRelbresoing reonally appeared Samuel J. ER COUNTY, INC, a Florida insu mtent as such Witness my hand and Notarial Seal this day of Oeimlaer .2007. =LOA E10 (signaturo) 5 903 3 8 �'� a 010 l�ff'/ifl TWO M (printed name) Notary Public My Commission Ex;ihes: v 9 /-g y/ �oia County of Residence: (�&&r , STATE OF COUNTY OF Before, a Notary Pubho Durso, MD:,. the President of I Non-Profit Corporation. who I officer for and on behalf of said HABITAT FOR HUMANITY tit CoLuzR COUNTY, INC,. a Florida Non -Profit Corporation By Name; Sam ! d. Durso: MD. Title- President R co Dated: L i aiRelbresoing reonally appeared Samuel J. ER COUNTY, INC, a Florida insu mtent as such Witness my hand and Notarial Seal this day of Oeimlaer .2007. =LOA E10 (signaturo) 5 903 3 8 �'� a 010 l�ff'/ifl TWO M (printed name) Notary Public My Commission Ex;ihes: v 9 /-g y/ �oia County of Residence: (�&&r SCHEDULEI Notice Addresses Naples Reserve, LLC With a Copy to: Goodlette, Coleman & Johnson 515 Terracina Way Attn: Richard Yovanovich, Esq. Naples, FL 34119 4001 Tamiami Trail North Naples, FL 34103 Kite Eagle Creek R, LLC c% Kite Realty Group Attn: Eric Strickland r 30 South Meridian, Suite 1100 Indianapolis, IN 46204 N QVj KRG 951 & 41, LLC w c/o Kite Realty Group cr7 Attn: Eric Strickland 30 South Meridian, Suite 1100 cr Indianapolis, IN 46204 cad KRG Eagle Creek IV, LLC c/o Kite Realty Group Attn: Eric Strickland 30 South Meridian, Suite 1 Indianapolis, IN 46204 TOUSA Homes, Inc. 4000 Hollywood Blvd., Ste. 500 -N Hollywood, FL 33021 NBC RV, LLC C/O Basik Development Attn: Keith Basik 720 Goodlette Road Naples, FL 34102 Realty Net Real Estate, LLC Attn: Cory Maile 1330 Forrest Court Marco Island, FL 34145 Habitat for Humanity of Collier County, Inc. Attn: Samuel J. Durso 1145 Tamiami Trail East Naples, FL 34113 With a Copy to: Kite Realty Group Attn: Robert G. Solloway, Esq. 30 South Meridian, Suite 1100 Indianapolis, IN 46204 With a Copy to: Kite Realty Group Attn, Robert G. Solloway, Esq. R C() th Meridian, Suite 1100 "in is, IN 46204 PdNuy :'tealty Group G Solloway, Esq. ri an Suite 1100 a li 46204 Inc. 593688 FL 32859 NBC Land Holdings, LLC C/O Basik Development Attn: Keith Basik 720 Goodlette Road Naples, FL 34102 Naples Big Cypress Market Place Limited Partnership, LLLP C/O Basik Development Attn: Keith Basik 720 Goodlette Road, 4305 Naples, FL 34102 Item # 7A September 23, 2008 Page 58 of 128 m cn ao N Ch W Cl) O M Item # 7A September 23, 2008 of 128 o, CUD M N P- M O M d� 0 Exhibit "B" Legal Description for Naples Reserve LLC Section 1, Township 51 South, Range 26 East, Collier County, Florida Item # 7A September 23, 2008 Page 60 of 128 Item # 7A September 23, 2008 Page 61 of 128 Exhibit B Legal Description for KRG 951 & 41 LLC A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT "O.S. -3" OF TRAIL RIDGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44 AT PAGES 71 THROUGH 77 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE RUN NORTH 89055'57" WEST, ALONG THE NORTH LINE OF N SAID TRACT "O.S. -3 ", FOR A DISTANCE OF 867.07 FEET TO THE NORTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3620 AT PAGES ate, 2872 THROUGH 2876 OF THE PUBLIC RECORDS OF COLLIER COUNTY, o FLORIDA: THENCE RUN SO ALONG THE WEST LINE OF. SAID LANDS FOR A DISTA NCE RUN SOUTH 02028'03" WEST, ALONG SAID LAN A DISTANCE R FEET TO THE oc NORTHERLYMOSTW R R OF TRACT SAID TRAIL RIDGE; ° THENCE RUN SOUTH 03 '2 THE RLY LINE OF SAID TRACT "C ", F OR D A E N NORTH 90000'00" WEST, ALONG THE N R L "C' FOR A DISTANCE OF 100.09 FEET TO A PO NE OF STATE ROAD #951(RIGHT -OFWA ); THENCE R N 30'29" EAST, ALONG SAID EAST RIGHT -OF - LINE, FOR A DI N 40.20 FEET; THENCE RUN NORTH 04012'04" LONG SAID -OF -WAY LINE, FOR A DISTANCE OF 640.85 FE E RUN S 42'14" EAST FOR A DISTANCE OF 264.66 FEET; 15 042'49" WEST FOR A DISTANCE OF 320.41 FEET; THE TH 35039'44" EAST FOR A DISTANCE OF 200.00 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF STATE ROAD No. 90 (TAMIAMI TRAIL 200.00 FOOT RIGHT -OF -WAY); THENCE RUN SOUTH 54020'16" EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 1,927.32 FEET, THENCE RUN SOUTH 35039'44" WEST FOR A DISTANCE OF 400,00 FEET TO A POINT ON THE NORTHERLY LINE OF TRAIL RIDGE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44 AT PAGES 71 THROUGH 77 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 54020'16" WEST, ALONG THE NORTHERLY LINE OF SAID TRAIL RIDGE, FOR A DISTANCE OF 855.70 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 24.575 ACRES, MORE OR LESS Item # 7A September 23, 2008 Page 62 of 128 Exhibit B Legal Descriptions for TOUSA Homes Inc REFLECTION LAKES AT NAPLES PHASE 33 A PORTION OF TRACT RD -4, REFLECTION LAKES AT NAPLES UNIT II (PHASE II & III), AS RECORDED IN PLAT BOOK 46 AT PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: M BEGIN AT THE NORTHEAST CORNER OF TRACT RD-4, REFLECTION LAKES N AT NAPLES UNIT II (PHASE II & III), AS RECORDED IN PLAT BOOK 46 AT KID PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS OF COLLIER COUNTY, 0- FLORIDA, THENCE RUN 5.00035'I4 "W. ALONG THE BOUNDARY OF SAID o TRACT RD 4, FOR A DISTANCE • THENCE RUN N.89024'46"W. cl-10 FOR A DISTANCE OF 125.0 0 A PD E BOUNDARY OF SAID TRACT RD-4; THENCE R 035'14 "E., ALO BOUNDARY OF SAID o TRACT RD-4, FOR A DI A 1.76 F T TH BEGINNING OF A TANGENTIAL CIRCU C R N VE THE EAST, THENCE RUN NORTHE7RL , A D TRACT RD-4 AND ALONG THE ARC OF C RV 0 A N A RADIUS OF 25.00 FEET, THROUG F 9 UBTENDED BY A CHORD OF 37.25 FE A BEARING OF ° '3 ' , FOR A DISTANCE OF 42.02 FEET TO A POI REVERSE CURV UN EASTERLY, ALONG THE BOUNDARY D TRACT RD 4 NG THE ARC OF SAID CURVE TO THE LE RA D 0.00 FEET, THROUGH A CENTRAL ANGLE OF 12 059'1 1491 CHORD OF 97.25 FEET AT A BEARING OF S.89 035'45 "E., FOR CE OF 97.46 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 1.877 ACRES, MORE OR LESS. AND Item # 7A September 23, 2008 Page 63 of 128 REFLECTION LAKES AT NAPLES, PHASE 3 MULTI- FAMILY PARCELS TRACT MF -3 AND TRACT MF-4 OF REFLECTION LAKES AT NAPLES - UNIT II (PHASE I1 & III), ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 46 AT PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA. AND REFLECTION LAKES AT NAPLES, PHASE 31 N L� N TRACT RD -5, REFLECTION LAKES AT NAPLES UNIT II (PHASE 1I & III), AS RECORDED IN PLAT BOOK 46 AT PAGES 33 THROUGH 42 OF THE PUBLIC w RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY c DESCRIBED AS FOLLOWS: V�i R COUJ M BEGIN AT THE NORTHW NER OF TRA REFLECTION LAKES o AT NAPLES UNIT II (PH AS RECORD I LAT BOOK 46 AT PAGES 33 THROUGH 4 0 B DS LLIER COUNTY, FLORIDA; THENCE R U DARY OF SAID TRACT RD-5, FOR I E F 6 .8 F B GINNING OF A TANGENTIAL CIRCU O E ; THENCE RUN EASTERLY, ALONG TH UNDARY OF SAI AND ALONG THE ARC OF SAID CURVET LEFT, HAVIN F 255.00 FEET, THROUGH A CENTRAL A OF 27 024'13 ", D BY A CHORD OF 120.80 FEET AT A BEARI 032'59" DISTANCE OF 121.96 FEET TO THE END OF SAID .75 050'52 "E., ALONG THE BOUNDARY OF SAID TRACT RD -5, ANCE OF 212.75 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE SOUTH; THENCE RUN EASTERLY, ALONG THE BOUNDARY OF SAID TRACT RD- 5 AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 545.00 FEET, THROUGH A CENTRAL ANGLE OF 09 046'37 ", SUBTENDED BY A CHORD OF 92.89 FEET AT A BEARING OF N.80 044'11 "E., FOR A DISTANCE OF 93.00 FEET TO THE END OF SAID CURVE; THENCE RUN S.04 022'31 "E., ALONG THE BOUNDARY OF SAID TRACT RD -5, FOR A DISTANCE OF 125.00 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE SOUTH, FROM WHICH THE RADIUS POINT BEARS S.04 022'31 'E., A DISTANCE OF 420.00 FEET THEREFROM; THENCE RUN WESTERLY, ALONG THE BOUNDARY OF SAID TRACT RD -5 AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 420.00 FEET, THROUGH A CENTRAL ANGLE OF 09 046'3711, SUBTENDED BY A CHORD OF 71.58 FEET AT A BEARING OF S.80 °44'11'W., FOR A DISTANCE OF 71.67 FEET TO THE END Item # 7A September 23, 2008 Page 64 of 128 OF SAID CURVE; THENCE RUN S.75 050152 "W., ALONG THE BOUNDARY OF SAID TRACT RD-5, FOR A DISTANCE OF 212.75 FEET TO THE BEGINNING OF A TANGENTL4L CIRCULAR CURVE, CONCAVE TO THE NORTH; THENCE RUN WESTERLY, ALONG THE BOUNDARY OF SAID TRACT RD -5 AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 380.00 FEET, THROUGH A CENTRAL ANGLE OF 27 024'13 ", SUBTENDED BY A CHORD OF 180.02 FEET AT A BEARING OF S.89 032'59 "W., FOR A DISTANCE OF 181.75 FEET TO THE END OF SAID CURVE; THENCE RUN N.76 044'55 11W., ALONG THE BOUNDARY OF SAID TRACT RD -S, FOR A DISTANCE OF 67.88 FEET, THENCE RUN N.13 015'05 "E., ALONG THE BOUNDARY OF SAID TRACT RD -5, FOR A DISTANCE OF 125.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 1.477 ACRES, MORE OR LESS. era c-- c`''v TOGETHER WITH a A PORTION OF TRACT RD -3, REFLECTION LAKES AT NAPLES UNIT II (PHASE H & III), AS RECORDE 6 AT PAGES 33 THROUGH 42 OF THE PUBLIC RECORDS RIDA, BEING MORE PARTICULARLY DESCRIB LLOWS: is ° BEGIN AT THE NO R RD- , FLECTION LAKES AT NAPLES UNIT II ( P T BOOK 46 AT PAGES 33 THROUGH 2 F P B C LIER COUNTY, FLORIDA; THENCE R ° It G B DARY OF SAID TRACT RD -3, FOR A D CE OF 157.50 ; RUN S.76 044'55 "E., ALONG THE BOUNDAR AID TRACT RD ANCE OF 19.00 FEET TO THE BEGINNI TANGENTIAL C CURVE, CONCAVE TO THE SOUTHWEST; TH SO , ALONG THE BOUNDARY OF SAID TRACT ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25. ROUGH A CENTRAL ANGLE OF 77 020'09 ", SUBTENDED BY A CHORD OF 31.24 FEET AT A BEARING OF S.38 004'51 "E., FOR A DISTANCE OF 33.74 FEET TO THE END OF SAID CURVE; THENCE RUN S.00 °35'14"W., ALONG THE BOUNDARY OF SAID TRACT RD-3, FOR A DISTANCE OF 239.42 FEET; THENCE RUN N.77 009'49 "W. FOR A DISTANCE OF 134.56 FEET TO A POINT ON THE BOUNDARY OF SAID TRACT RD -3, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE TO THE WEST, FROM WHICH THE RADIUS POINT BEARS N.64 032'14 "W., A DISTANCE OF 70.00 FEET THEREFROM; THENCE RUN NORTHERLY, ALONG THE BOUNDARY OF SAID TRACT RD -3 AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 24 052'32 ", SUBTENDED BY A CHORD OF 30.15 FEET AT A BEARING OF N.13001 '30 "E., FOR A DISTANCE OF 30.39 FEET TO THE END OF SAID CURVE; THENCE RUN N.00 035'14 "E., ALONG THE BOUNDARY OF SAID TRACT RD -3, FOR A DISTANCE OF 45.39 FEET TO THE BEGINNING OF A cr n M N W M O M -_r 0 Item # 7A September 23, 2008 Page 65 of 128 TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE WEST; THENCE RUN NORTHERLY, ALONG THE BOUNDARY OF SAID TRACT RD -3 AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 44 010'27 ", SUBTENDED BY A CHORD OF 52.64 FEET AT A BEARING OF N.21 °30'00 "W., FOR A DISTANCE OF 53.97 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.644 ACRE, MORE OR LESS. Item # 7A September 23, 2008 Page 66 of 128 Exhibit B Legal Description for Kite Eagle Creek II LLC A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, IN PART BEING LOTS 3 AND 4 OF CAPRI COMMERCIAL CENTER AS RECORDED IN PLAT BOOK 31, PAGES 52 AND 53 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND IN PART BEING PORTIONS OF TRACTS M -1 AND M -2 OF CRYSTAL LAKE TERRACES AT EAGLE CREEK AS RECORDED IN PLAT BOOK 16, PAGES 30 AND 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY � DESCRIBED AS FOLLOWS: M N COMMENCE ON THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY a NO. 41 AT THE NORTHWESTERLY CORNER OF "CAPRI COMMERCIAL CENTER" AS RECORDED IN PLAT BOOK 53 AND THE NORTHWESTERLY CORNE RCIAL CENTER REPLAT" b' AS RECORDED IN PLAT , PAGE 85 OF LIC RECORDS OF a COLLIER COUNTY, FLO D INT 0 BEG N G. FROM SAID POINT RUN SOUTH 35 039'28" W G E RL LI E OF SAID "CAPRI COMMERCIAL CENTS " A L CENTER REPLAT', A DISTANCE OF 272.94 FE 0 C ER OF SAID "LOT 2 CAPRI COMMERCIAL C 54 020'32" EAST ALONG THE SOUTHE NE OF SAID "L P MERCIAL CENTER REPLAT', A DISTANCE 1.00 FEET TO RLY CORNER OF SAID "LOT 2 CAPRI CO L CENTER REP ENCE RUN NORTH 35 039'28" EAST ALONG LY LIN "LOT 2 CAPRI COMMERCIAL CENTER R LA 1 3.00 FEET TO AN INTERSECTION WITH THE SOUTH OF LOT 1 OF SAID "CAPRI COMMERCIAL CENTER "; THENCE RUN SOUTH 54 02032" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 226.05 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE RUN NORTH 35 039'28" EAST ALONG THE EAST LINE OF SAID LOT 11 A DISTANCE OF 165.15 FEET; THENCE RUN NORTH 31 038'24" EAST ALONG SAID EAST LINE, A DISTANCE OF 43.40 FEET TO AN INTERSECTION WITH THE WEST LINE OF LOT 5 OF SAID "CAPRI COMMERCIAL CENTER "; THENCE RUN SOUTH 04 013'24" WEST ALONG SAID WEST LINE, A DISTANCE OF 300.05 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID "CAPRI COMMERCIAL CENTER "; THENCE RUN SOUTH 87 °29'51" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 0.19 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 951, COLLIER BOULEVARD, AS DESCRIBED IN THE ORDER OF TAKING AS RECORDED IN OFFICIAL RECORDS BOOK 2630, PAGE 2773 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 04 010'08" WEST ALONG Item # 7A September 23, Page 67 of 128 SAID WESTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 136.65 TO THE NORTH LINE OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE 792; THENCE RUN NORTH 85 002'55" WEST ALONG SAID NORTH LINE, A DISTANCE OF 226.52 FEET TO AN INTERSECTION WITH THE BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 OF SAID PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 04 057'05" WEST ALONG SAID BOUNDARY LINE AND THE WEST LINE OF SAID PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 78.24 FEET; THENCE RUN SOUTH 35 039'28" WEST ALONG SAID BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND SAID WEST LINE OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 33.43 FEET, THENCE RUN SOUTH 54 020'32" EAST ALONG SAID BOUNDARY LINE OF THE N PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND THE SOUTHWESTERLY LINE OF SAID PROPERTY DESCRIBED IN OFFICIAL c 7 RECORDS BOOK 2699, PAGE 792, A DISTANCE OF 175.20 FEET TO THE POINT w OF CURVATURE OF A CURVE 0 B@ Y LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL E 260 AND SAID SOUTHWESTERLY LINE PROPERTY DE IN OFFICIAL RECORDS BOOK 2699, PAGE 792, BEING CON E ORTHEASTERLY AND HAVING A RADIUS OF 0. 0 AN GL 0 33 010'23" AND A CHORD BEARING AN DI , 28.55 FEET, RESPECTIVELY; THE CE U A D CU VE, AN ARC DISTANCE OF 28.95 T F SAID CURVE; THENCE RUN SOUTH P° 0'55" EAST ALO SAI B DARY LINE OF THE PROPERTY AS DESCRI N OFFICIAL REC 3344, PAGE 260 AND THE SOUTHERLY LINE PROPERTY D IN OFFICIAL RECORDS BOOK 2699, PAGE 792, A THE N OF THE PROPERTY DESCRIBED BY THE ORDER I IN OFFICIAL RECORDS BOOK 2605, PAGE 3232 OF! kID ORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 68.63 FEET TO THE POINT OF CURVATURE OF A CURVE OF SAID BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260 AND SAID PROPERTY DESCRIBED BY THE ORDER OF TAKING AS RECORDED IN OFFICIAL RECORDS BOOK 2605, PAGE 3232, SAID CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 12 059148" AND A CHORD BEARING AND DISTANCE OF NORTH 85 059'11" EAST, 11.32 FEET, RESPECTIVELY; THENCE RUN EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 11.34 FEET TO AN INTERSECTION WITH SAID WESTERLY RIGHT -OF -WAY LINE OF STATE ROAD 951, COLLIER BOULEVARD; THENCE RUN SOUTH 04 057'05" WEST ALONG SAID WESTERLY RIGHT -OF -WAY LINE AND SAID BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, A DISTANCE OF 75.88 FEET TO A POINT ON A CURVE BEING CONCAVE SOUTHERLY AND HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 22 008'22" AND A Item # 7A September 23, 2008 Page 68 of 128 CHORD BEARING AND DISTANCE OF NORTH 65 010'10" WEST, 38.40 FEET, RESPECTIVELY, THENCE LEAVING SAID WESTERLY RIGHT -OF -WAY LINE RUN WESTERLY ALONG SAID CURVE AND SAID BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, AN ARC DISTANCE OF 38.64 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 62.00 FEET, A CENTRAL ANGLE OF 21 053'50" AND A CHORD BEARING AND DISTANCE OF NORTH 65 01726" WEST, 23.55 FEET, RESPECTIVELY; THENCE RUN WESTERLY ALONG SAID CURVE AND SAID BOUNDARY LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, AN ARC DISTANCE OF 23.70 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN NORTH 54 020'32" WEST ALONG SAID BOUNDARY LINE OF THE PROPERTY AS M DESCRIBED IN OFFICIAL RECORDS BOOK 3344, PAGE 260, A DISTANCE OF c.� 236.49 FEET; THENCE RUN SOUTH 02 029'06" WEST ALONG SAID BOUNDARY c LINE OF THE PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 3344, a PAGE 260, A DISTANCE OF 174.68 FEET TO THE NORTHEASTERLY CORNER OF c "CRYSTAL LAKE TERRACES AT LAT" AS RECORDED IN PLAT BOOK 28, PAGES 72 THRO ECORDS OF COLLIER COUNTY, FLORIDA; THE N NORTH 54 02 EST ALONG SAID COO BOUNDARY LINE OF P AS D B I FFICIAL RECORDS BOOK 3344, PAGE 26 AN R RLY E F SAID "CRYSTAL LAKE TERRACES AT G CE OF 1052.44 FEET; THENCE RUN NORTH 35 928 , D A 0 1 0.00 FEET; THENCE RUN NORTH 80 °00'1 ' F 6 ; THENCE RUN NORTH 35 039'28" EAST, A D CE OF 260.11 F E UN SOUTH 54 020'32" EAST, A DISTANCE OF FEET; THENC N 35 039'28" EAST, A DISTANCE OF 360.81 F , ENCE RUN SO 5 -18" EAST, A DISTANCE OF 26.69 FEET; THENCE R 1 1 350 , A DISTANCE OF 34.06 FEET TO AN INTERSECTION ESTERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY NO. 41; THE NC 54 020'32" EAST ALONG SAID SOUTHWESTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 374.76 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 646,291 SQUARE FEET OR 14.84 ACRES OF LAND, MORE OR LESS. Item # 7A September 23, 2008 Page 69 of 128 Exhibit B Legal Description for KRG Eagle Creek IV LLC BEING A PART OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (THE SHOPS AT EAGLE CREEK PAD #5 DESCRIPTION) ALL THAT PART OF SAID SECTION 31 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EASTERLYMOST CORNER OF THE PLAT co OF THE SHOPS AT EAGLE CREEK, UNIT ONE, ACCORDING TO PLAT BOOK 25, N PAGES 44 THROUGH 45, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. a THENCE ALONG THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF TAMIAMI C`1 TRAIL (U.S. 41) SOUTH 54020 EET TO THE POINT OF BEGINNING; THENCE CO NG -OF -WAY LINE SOUTH ° 54 02032" EAST 193.09 F ENCE LEAVIN LINE SOUTH 3503928" a WEST 123.00 FEET; TH NC 54020 2" W 3.09 FEET; THENCE ° NORTH 3539'28" 1 I F EGINNING. CONTAINING 0.55 A 2 49 UARE FEET MORE OR LESS. SUBJECT T M S F RECORD. BEARINGS ARE BASE NE LAT OF THE SHOPS AT EAGLE CREEK, UN E, BEING SO 4020 , Item # 7A September 23, 2008 Page 70 of 128 Exhibit B Legal Description for ABC Liquors Inc. PROPERTY DESCRIPTION A PARCEL OF LAND LYING IN THE NORTH WEST QUARTER OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST,COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, THENCE RUN N 89 DEGREES 23'53" W, ALONG THE NORTH LINE OF N THE NORTHWEST QUARTER OF SAID SECTION 3, FOR A DISTANCE OF 324.27 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD a 951 (C.R.. 951); THENCE RUN S 35 DEGREES 40'08" W, ALONG SAID EASTERLY M RIGHT OF WAY LINE, FOR A D e 2 FEET TO THE POINT OF BEGINNING OF THE PARCE E RIBED; THENCE RUN S 54 DEGREES 20'16" E FOR CE OF 439.9 ,THENCE RUN S35 o DEGREES 39'44 "W FOR D OF 190.00 F ENCE RUN N 54 DEGREES 20'16" W FO A E 9 FE ENCE RUN N 02 DEGREES 12'01" E FO A CE RUN N 54 DEGREES 33'42" W R N 0 2 ENCE RUN N 35 DEGREES 40'36 "E FO CE RUN N 54 DEGREES 19'24" W DISTANCE OF 7 . F ET POINT ON SAID EASTERLY RIGHT OF NE OF COU THENCE RUN N 35 DEGREES 40'08" E, ALO D EASTERLY AY FOR A DISTANCE OF 148.39 FEET TO THE BEGINN E PARCEL OF LAND DESCRIBED HEREIN. 1'T-Tv rrRG 0 co M N M O M cr a O Item # 7A September 23, 2008 Page 71 of 128 Exhibit B Legal Description for RealtyNet Real Estate LLC PIN number 00726724107 Legal 3 5126 COMM AT NE CNR TR M -1, N87DEG W 248.62FT, NO2DEG E 271.35FT, NO2DEG E 35.84FT, S54DEG E 236.491T, ELY 23.70FT, ALG ARC OF CURVE 2 TT OF REVERSE CURVE, ELY 38.64FT, SO4DEG W 154.42FT TO POB. Item # 7A September 23, 2008 Page 72 of 128 Exhibit B Legal Descriptions for Naples Big Cypress Market Place Limited Partnership, LLLP PARCEL "A" LEGAL DESCRIPTION (OFFICIAL RECORDS BOOK 2812, PAGE 2151 A PARCEL OF LAND LYING IN THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF SECTIONIB, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S. 41, o COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS N FOLLOWS: V' w M 0 M a 0 COMMENCING AT A POINT, SAID EAST SECTION LINE OF SECTI COLLIER COUNTY, FLORID AND BEING THE POINT THENCE NORTH 54019' 6" U.S. 41 FOR A DISTA E F NON TANGENT CURV T HAVING A RADIUS 0 36 . E WHICH BEARS NO ' OF FEET FOR AN ARC DI CE OF 220.85 F1 236.98 FEET; THENCE 89026'37" E OF THE AFOREMENTIO CTION 18,1 EAST, THENCE SOUTH 00 EST AL DISTANCE OF 704.02 FEET T INT CONTAINING 4.30 ACRES, MORE OR LESS. �. al■ i 11 THE INTERSECTION OF THE 51 SOUTH, RANGE 27 EAST, ISECrION AY LINE OF U.S. 41 SCRIBED PARCEL. T -OFWAY LINE OF F CURVATURE OF A ARC OF SAID CURVE D BY A CHORD ANCE OF 217.41 RTH 00033'23" EAST TO THE EAST LINE UTH, RANGE 27 LINE OF A (A PORTION OF OFFICIAL RECORDS BOOK 2947, PAGE 386) A PARCEL OF LAND LYING IN THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S. 41, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULALRLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT, SAID POINT BEING THE INTERSECTION OF THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, Item # 7A September 23, 2008 Page 73 of 128 COLLIER COUNTY, FLORIDA AND THE NORTH RIGHT -OF -WAY LINE OF U.S. 41; THENCE NORTH 00032'17" EAST, ALONG SAID EAST LINE OF SECTION 18, 704.02 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, THENCE NORTH 89026'36" WEST, 303.51 FEET, THENCE NORTH 00 033'23" EAST, 15.00 FEET; THENCE SOUTH 89026'36" EAST, 303.51 FEET TO THE EAST LINE OF THE AFOREMENTIONED SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, THENCE SOUTH 00032'17" WEST ALONG SAID EAST SECTION LINE, 15 FEET TO THE POINT OF BEGINNING. CONTAINING 4.553 SQUARE FEET, MORE OR LESS. BEARINGS BASED, ON THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AS BEING NORTH N 00032'17" EAST. a TOTAL ACREAGE: 4.40 ACRES, MORE OR LESS. titiR COUP PARCEL "B" G0 T� a LEGAL DESCRIPTION o (OFFICIAL RECORDS 2 , A ) A PARCEL OF LAND L N I E 1/2 OF THE EAST 1/2 OF SECTION 18, TOWNS 27 G NORTH OF U.S. 41, COLLIER COUNTY, FL A, AND BEING E R RLY DESCRIBED AS FOLLOWS: n COMMENCING AT A POI INT BE INTERSECTION OF THE EAST SECTION LINE OF SEg 1 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AND RIGHT -OF -WAY LINE OF U.S. 41; THENCE NORTH 54019'26" WEST ALONG SAID NORTH RIGHT- OF-WAY LINE OF U.S. 41 FOR 535.53 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 54019'26" WEST ALONG SAID NORTH RIGHT -OF -WAY LINE FOR 265.69 FEET; THENCE NORTH 00030'21" EAST 606.58 FEET; THENCE SOUTH 89029'39" EAST 200.00 FEET; THENCE SOUTH 00 030'21" WEST 7.96 FEET TO THE POINT OF CARVATURE OF A NON- TANGENT CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 50.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 04032'11" WEST AND A CHORD DISTANCE OF 85.20 FEET FOR AN ARC DISTANCE OF 101.99 FEET, TO A POINT OF REVERSE CURVATURE, THENCE ALONG THE ARC OF SAID CURVING HAVING A RADIUS OF 40.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 41043'39" EAST AND A CHORD DISTANCE OF 16.87 FEET FOR AN ARC DISTANCE OF 16.99 FEET; THENCE SOUTH 29033'26" EAST 50.76 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE ALONG THE ARC Item # 7A September 23, 2008 Page 74 of 128 OF SAID CURVE HAVING A RADIUS OF 276.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 14030'01" EAST AND A CHORD DISTANCE OF 143.40 FEET FOR AN ARC DISTANCE OF 145.06 FEET TO A POINT TANGENCY; THENCE SOUTH 0003323" WEST 312.84 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 276.31 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 18006'59" WEST AND A CHORD DISTANCE OF 166.72 FEET FOR AN ARC DISTANCE OF 169.36 FEET TO THE POINT OF BEGINNING. CONTAINING 3.94 ACRES, MORE OR LESS. BEARINGS BASED ON THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 co SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AS BEING NORTH N 00032'17" EAST. a c•-> PARCEL "D" LEGAL DESCRIPTION yyR Cord (OFFICIAL RECORDS ,PAGE 2152) r� ° PARCEL IN WEST 1/2 F E 2 ECTI N 7; BEGINNING AT THE SOUTHWEST CORNE , S '20 EAST 1271.72 FEET TO CONCRETE MONU E N -W Y OF HWY. 41. THENCE NORTH 0003 MONUMENT ON NORTH RIGHT -OF -WA HWY. 41, BEIN I GINNING, THENCE SOUTH 53055'40" NG NORTH RI LINE 512.45 FEET TO POINT IN CENTER LINE SED ROAD, RTH 36004'20' EAST 402.6 FEET TO POINT IN NE OF ENCE NORTH 880400 "WEST 657.56 FE OUTH, 00°3745' WEST TO POINT OF BEGINNING, ALL THE A G IN SECTION 17, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 30 FEET CONVEYED TO COLLIER COUNTY IN O.R. BOOK 801, PAGE 1079 FOR ROAD RIGHT -0F - WAY. CONTAINING 9.47 ACRES MORE OR LESS. BEARINGS ARE BASED ON THE NORTH RIGHT -OF -WAY LINE OF US 41 AS BEING SOUTH 53'55 '40 'EAST. *AGZoning Parcel Item # 7A September 23, 2008 Page 75 of 128 Exhibit B Legal Description for NBC RV, LLC �;__' .•' fit. • . (OFFICIAL RECORDS BOOK 2947, PAGE 386) A PARCEL OF LAND LYING IN THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 -C2• OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S. N 41, COLLIER COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCJNG AT A POINT. SA THE INTERSECTION OF THE o EAST SECTION LINE OF SE 1 SOUTH, RANGE 27 EAST. v COLLIER COUN TY FLO THE NORTH F -WAY LINE OF U.S. 41,THENCE N.00 °32'17" E. CE OF 704.0 L G THE EAST LINE OF o SAID SECTION 18, TO F NG EN E N.89026'36"W, A DISTANCE OF 303.51 E A OF BASIK ROAD.; THENCE N.00 033'23 E., I A C 0 E POINT OF CURVATURE OF A CU VIN US OF 360,00 FEET, A CENTRAL ANGLE OF 3 '49 ", A CHORD RI 14030'01"W AND A CHORD LENGTH OF 18 FEET; THENCE , ARC OF SAID CURVE:, AN ARC LENGTH OF 18 . ET TO THE PO NGENCY OF SAID CURVE :; THE N.29 °3 67 DIST .76 FEET TO A POINT ON A CURVE: TO THE RIGHT. H > .00 FEET. A CENTRAL ANGLE OF 24 020'0 It A CHORD B N.17 023 "27 "W AND A CHORD LENGTH OF 16.86 FEET, THENCE ALONG THE ARC OF SAID CURVE:, AN ARC LENGTH OF 16.99 FEET TO THE POINT. OF REVERSE CURVATURE OF A CURVE: TO THE LEFT, HAVING: A RADIUS OF 50.00 FEET. A CENTRAL ANGLE OF 111 049'11 ", A CHORD BEARING OF N.61 007'11 "W. AND A CHORD LENGTH of 82.82 FEET; THENCE ALONG THE ARC OF SAID CURVE:, AN ARC LENGTH OF 97.58 FEET TO THE END OF SAID CURVE:; THENCE N.00 030'21 "E.. A DISTANCE OF 2203.66 FEET, THENCE S.88 015'58 "E., A DISTANCE OF 456.89 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 18; THENCE S.00 032'17 "W, A DISTANCE OF 2550.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 25.7 ACRES, MORE OR LESS. Item # 7A September 23, 2008 Page 76 of 128 LEGAL DESCRIPTION (A PORTION OF OFFICIAL RECORDS BOOK 2947, PAGE 386) A PARCEL OF LAND LYING IN THE EAS T 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 78, TOWNSHIP 51 SOUTH, RANGE 27 EAST LYING NORTH OF U.S. 4 1, COLLIER COUNTY. FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT. SAID POINT BEING THE INTERSECTION OF THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST. COLLIER COUNTY. FLORIDA AND THE NORTH RIGHT- OF-WAY LINE OF U.S. 41; Lc'+ THENCE N. 00'32.17 E., ALONG SAID EAST LINE OF SECTION 18, 704.02 FEET M TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL' THENCE N. 8976'36" W" 303.51 FEET; THENCE N. 00'33123 " E., 15.00 FEET; THENCE S. a 89'26 '36" E., 303.51 FEET TO THE EAST LINE OF THE AFOREMENTIONED SECTION 181 TOWNSHIP 51 S THENCE S. 00'32'17" W .o ALONG SAID EAST SECTIO E POINT OF BEGINNING. cr �, r CONTAINING 4,553 A EE ET ORE OF LES 0 BEARINGS BASED ON C AS BEING N. 00'32' 17'5 E. SOUTH, RANGE 27 , TOTAL ACREAGE: rHE Item # 7A September 23, 2008 Page 77 of 128 Exhibit B Legal Descriptions for NBC Land Holdings, LLC LEGAL DESCRIPTION PARCEL "1" BEING A PART OF SECTION 18, TOWNSHIP 51, SOUTH RANGE 27 EAST, COLLIER COUNTY, FLORIDA. COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY co N FLORIDA. THENCE NORTH 88004'41" WEST ALONG THE NORTH LINE OF SAID SECTION A DISTANCE OF 657.48 FEET TO THE w POINT OF BEGINNING. THENCE LEAVING SAID SECTION LINE SOUTH 00029'48" WEST A DISTANCE OF 968.59 F RTH 88008'57" WEST A DISTANCE OF 328.61 FEET' 8 ' 4" EAST A � DISTANCE OF 969.00 FE E C3Z"* SE SAID NORTH LINE OF SECTI CE H 88 °04' " ALONG o SAID SECTION LINE A I A F'EET T E POINT OF 1:3�iilTi(�feiT�9a1i7i'L�:? .�►��_� +.L�s�s�'i� �Z -��i CONTAINING 7.3 SUBJECT TO EASEMEK%RESTRICTIONS A QR $) RVATIONS OF RECORD. BEARINGS BASED ON THE` TOWNSHIP 51 SOUTH, RANI FLORIDA, AS BEING NORTH *Industrial /AG Parcel LEGAL DESCRIPTION NAPLES BIG CYPRESS LAND CONDOMINIUM - UNIT B A PARCEL OF LAND LYING WITHIN SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA: THENCE SOUTH 00 032'17" WEST, ALONG THE EAST LINE OF SAID SECTION 18, A DISTANCE OF Item # 7A September 23, 2008 Page 78 of 128 681.42 FEET; THENCE NORTH 88016'01" WEST, A DISTANCE OF 456.89 FEET; THENCE SOUTH 00030'21" WEST, A DISTANCE OF 995.72 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTH 0003021" WEST, A DISTANCE OF 603.18 FEET, THENCE NORTH 89029'39" WEST, A DISTANCE OF 200.00 FEET THENCE NORTH 00030'21" EAST, A DISTANCE OF 603.18 FEET; THENCE SOUTH 89029'39" EAST, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. CONTAINING 120,636 SQUARE FEET OR 2.77 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS AND /OR RESERVATIONS OF RECORD. � BEARINGS BASED ON THE EAST LINE SECTION 18, TOWNNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, AS BEING SOUTH 00'32 '17 WEST. w *Industrial Parcel CQU�1� AND GO�ti�ER a 0 LEGAL DE PARCEL `E' O A PARCEL OF LAND L F 1/2 OF THE EAST 1/2 OF SECTION 18, TOW S 51 SOUTH. RA 2 , LYING NORTH OF U.S. 41, COLLIER COUNTY, A, AND BEING TICULARLY DESCRIBED AS FOLLOWS: n . < C COMMENCING AT A POINT, SAID-PO1iMSMIG -THE INTERSECTION OF THE EAST SECTION LINE OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA AND THE NORTH RIGHT -OF -WAY LINE OF U.S. 41, THENCE N.00032 '17 "E. A DISTANCE OF 704.02 FEET ALONG THE EAST LINE OF SAID SECTION 18, THENCE N.89026'36 "W. A DISTANCE OF 303.51 FEET TO THE EAST .RIGHT -OF -WAY OF BASIK ROAD.; THENCE N00033'23 "E. A DISTANCE OF 75.86 FEET TO THE POINT OF CURVATURE OF A CURVE: TO THE LEFT; HAVING A RADIUS OF 360.00 FEET, A CENTRAL ANGLE OF 30006'49 ", A CHORD BEARING OF N.14030'01 "W. AND A CHORD LENGTH OF 187.04 FEET; THENCE ALONG THE ARC OF SAID CURVE. AN ARC LENGTH OF 189.21 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N.29033'26 "W., A DISTANCE OF 50.76 FEET TO A POINT ON A CURVE: TO THE RIGHT, HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 24070'0 ", A CHORD BEARING OF N. 17023 "27 "W. AND A CHORD LENGTH OF 16.86 FEET; THENCE ALONG THE ARC OF SAID CURVE. AN ARC LENGTH OF 16.99 FEET TO THE POINT OF 00 0o M N a M d C" cN 04 O Item # 7A September 23, Page 79 of 128 REVERSE CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 111049'11 ", A CHORD BEARING OF N.61007'11 "W. AND A CHORD LENGTH OF 82.82 FEET; THENCE ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 97.58 FEET TO THE END OF SAID CURVE; THENCE N.00030'21 "E., A DISTANCE OF 7.96 FEET; THENCE N. 00030 21 "E., A DISTANCE OF 1600.00 FEET TO THE POINT OF BEGINNING; THENCE N.89029'39 "W. A DISTANCE OF 200.00 FEET; THENCE N.00030 21" E. A DISTANCE OF 600.00 FEET; THENCE S. 88015'58 "E. A DISTANCE OF 200.00 FEE, THENCE S. 00030'21 "W A DISTANCE OF 595.72 FEET TO THE POINT OF BEGINNING. CONTAINING 2.74 ACRES MORE OR LESS *lndustdal Parcel i�� Item # 7A September 23, 200E Page 80 of 128 Exhibit B Legal Descriptions for Habitat for Humanity of Collier County Parcel 1: Commencing at the Southeast corner of Section 12, Township 51 South, Range 26 East, Collier County Florida, thence along the East line of said Section 12, North 00011'20" East 2743.15 feet to the East 1/4 corner of said Section 12; thence continue along said East line of Section 12, North 00027'50" East 894.35 a, feet; thence North 89056'55" West, 443.00 feet for a Place of Beginning; thence CO , North 89056'55" West, 475.53 feet; thence North 00 034'06" East, 490.97 feet, N thence South 89056'55" East, 474.64 feet; thence South 00027'50" West, 490.97 feet to the Place of Beginning; being in the Southwest 1/4 of the Northeast 1/4 of w Section 12, Township 51 South Iller County Florida. AND C0 \�� o Parcel 2; / / 10_ � ___j I Commencing at the a r er o wn hip 51 South, Range 26 East, Collier Coun I th of said Section 12, North 00011'20" East, .15 feet to the Y4 co f said Section 12; thence continue along ast line of Secti aring of North 00027'50" East, 894.35 a set tack; thenc rth 89056'55" West for 918.53 feet to a set Iron p rvey ca which Is the Point of Beginning; thence run North 0 - 3.98 feet to the West line of the Southeast 1/4 of the Northeast Ion 12 which Is marked by a set Iron pin with Survey Cap #LS 4273; thence along said West line run North 00034'06" East for 490.98 feet to the North line of the southeast Y4 of the Northeast 1/4 of said Section 12 which is marked by a Iron pipe with Survey Cap #LS 4273; thence along said North line run South 89056'55" East, 443.00 feet to a set iron pin with Survey Cap #LS 4273; thence South 00026'50" West for 490.08 feet to the Point of Beginning; being In the Southeast 1/4 of the Northeast 1/4 of Section 12, Township 51 South, Range 26 East Collier County Florida. UVT Parcel 3: TOGETHER WITH A Non - exclusive access easement for the benefit of Parcel 1 over and across to Southerly thirty (30) feet of the following described property: Item # 7A September 23, 2008 Page 81 of 128 Commencing at the Southeast corner of Section 12, Township 51 south Range 26 East, Collier Count, Florida; thence along the East line of said Section 12, North 00011'20" East, 2743.15 fee to the East 1/4 comer of said Section 12; thence continue along said East line of Secdon12, North 00027'50" East, 894.35 feet for a Place of Beginning; thence North 89 056'55" West, 443.00 feet; thence North 00034'06" East, 490.97 feet; thence South 89 056'55" East, 443.00 feet to the East line of sacs Section 12; thence along said East line of Section 12 South 0002730" West 490.97 feet to the Place of Beginning; Being in the Southeast quarter of the Northeast quarter of Section 12, Township 51 South, Range 26 East, Collier County, Florida. 0 rn N AND File Number 1302 -5 -1164 Cad ((�� M The West 1/z of the East 1/2 1 hwest 1/4 of the Northeast �r 1/4 of Section 12, Townsh uth, Range 2 xcepting the North 30 feet a CD thereof, which is resery d mad p rposes, and 1/x I a St '/z of the East 1/2 of 1/4 the East of the No w he o ion 12, Township 51, South, Range 26 East ex Cpl igg , which is reserved for road purposes, of the Pu Ic e r s f I u , Flo ida. n E" �� God rn M N C7 Q+ M d M fsi O Item # 7A September 23, 2008 of 128 Item # 7A September 3, Page 83 of 28 t l M N a M O M PS O Item # 7A September 23, 2008 Page 84 of 128 9 -1 tll N 6% Mr -wW -BERL r. Ir mpmm im� so ci: o- i °` Ow w Ail l • ';� 1 nr -t 14 - t a' �l j 1, i i � �� II „�, �', �i 1 f f., � `t1 Y 1 r � 7 d J i Y, a �ry Al +' �I.. `, �4 'i �I r all �I r; a JF �`. \ T,r - � OA r* i LALM r sI _ J 7 10 a. 4t, 00 rj ��riP. mp�r� rte✓' 4 Ile �^ oil j 0 AW �♦; 11 �r a1 ►�C `'' i,,",yy�.�', - �• w t . Ilk, 11 NO 111 101 11 , O ♦! 1p ►�► W IL ,1 t " t} \ � y I � ► 1► I r e I, Ili /•�P „ P 110 ` r, u If mar amps I jl 1, mil PROJECT:: PARCEL: FOLIO: Exhibit G WARRANTY DEED Item # 7A September 23, Page 95 of 128 THIS WARRANTY DEED made this day of ---120 , by, whose post office box is , (hereinafter referred to as "Grantor") to COLLIER COUNTY, a political subdivision of the State of Florida, whose post office address is 3301 Tamiami �°. Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee "). N (Wherever used herein the terms "Grantor" and "Grantee" Include all the a parties to this instrument and their res a heirs, legal representatives, successors M and assigns. Grantor and Gra m. t@ singular or plural, as the context requires �. 0 oWITNESSETH: Th tG rant r, for and in ns eratlon of the sum of Ten Dollars ($10.00) and he le ns ration, ceipt whereof is hereby acknowledged, hereby g an is s, releases, conveys and confirms unto the Grante , t at I I e olli r County, Florida, to wit: n H Subject to attached Exhlb porated herein THIS HOMESTEAD PROPERTY of record. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land In fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land Is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: (Signature) (Signature) (Print Full Name) (Signature) (Print Full Name) 0 STATE OF COUNTY OF c.; a The foregoing Warranty Deed 20_, by �r a Is personally know to p� o OR produced Identity. (affix STATE OF _ COUNTY OF O� Item # 7A September 23' 2008' Page 96 of 128 before me this day of , who: (t'�V$hTe of Notary Public) Serial / Commission # (if any): My Commission Expires: The foregoing Warranty Deed was acknowledged before me this 20_, by who: is personally known to me OR produced identity. (affix notarial seal) (Signature of Notary Public) day of proof of ' 1 t MO J.: f�waun w� ' Siy7f1 =°v ( L I �� r C, 0 N L7 Q� M O M a 0 Item # 7A September 23, 2008 Page 98 of 128 Item #7A September 2,ma # m of 128 q/ i|§ . ,§ ! � |. U3 � Oc 4!# - m Q | � 0 | &$ ■� �§ � f/ | , 'CA . � � � §■ q � { COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW COLLIERGOV NET .. Item # 7A September 23, 2 Page 100 of 128 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 PETITION NO (AR) PROJECT NAME PROJECT NUMBER To be completed by staff' DATE PROCESSED ASSIGNED PLANNER ABOVE TO BE COMPLETED BY STAFF NAME OF APPLICANTS) ABC Fine Wine and Spirits; Attn. Mr. Steve Rivera ADDRESS 9001S. Orange Avenue _ CITY Orlando STATE FL ZIP 32824 TELEPHONE # 407- 851 -0000 CELL # E -MAIL ADDRESS NAME OF AGENT Heidi K. Williams, AICP FAX # 407 -826 -9861 FIRM Q Grady Minor & Associates P.A. ADDRESS 3800 Via Del Rey CITY Bonita Springs STATE _FL ZIP 34134 TELEPHONE # 239-947 -1144 CELL # . _ FAX # 239- 947 -0375 E -MAIL ADDRESS hwilliams@giadyminor.com APPLICATION FOR PURUC HEARWC FOR CONDITIONAL USE- 41174103, my 5/20,12005 Item # 7A September 23, 2001 01 of 128 Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: Jalling Waters Beach Resort Master Association MAILING ADDRESS 6580 Beach Resort Dr. 43 CITY Naples STATE FL ZIP 34114 NAME OF HOMEOWNER ASSOCIATION: Falling Waters Beach Resort, Phase I MAILING ADDRESS 7012 Maple Drive CITY Coloma STATE MI Zip 49038 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF MASTER ASSOCIATION: MAILING ADDRESS NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY CITY STATE ZIP STATE ZIP CITY STATE ZIP 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. (Use additional sheets if necessary). Name and Address APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4114103, rev 5/20/2005 Percentage of Ownership Item # 7A September 23, 2008 Page 102 of 128 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 Percentage of Ownership ABC Liquors, Inc. 100% P.O. Box 593688 Orlando, FL 32859 C. If the properly is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership It. 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 Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4114103, rev 5/20/2005 Item # 7A September 23, 2001 Page 103 of 128 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 Percentage 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 ❑✓ leased ❑ Term of lease 7/16/2007 yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date: h. 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, if is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. APPLICA71ON FOR PUBLIC HEARING FOR CONDMONAL USE - 4/14/03, my 5/20/2005 Item # 7A September 23, 2 Pape 104 of 128 Detailed legal description of fhe Property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum t" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, on engineer's certification or sealed survey may be required. Section /Township /Range 3 /--51—/-26 Loh Block: _ Subdivision: Plat Book Page #: Property I.D. #: 00724640005 Metes & Bounds Description: Please see attached legal description. SIZE OF PROPERTY: N. X _ ft. = Total Sq. Ft. Acres ADDRESS /GENERAL LOCATION OF SUBJECT PROPERTY: The subject property is located on northeast of the intersection of C.R. 951 and U.S. 41. "-r --y. Zoning N PUD C -3 -ST E C -3 W ROW, C -4 Land use Indoor storage, multi - family residential 951. vacant Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section /Township /Range /. Lot: Block: _ Subdivision: Plat Book — Page # _ Property I.D.# Metes & Bounds Description: N/A - No neighboring properties are owned by the applicant. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4114103, rev 5/20/2005 Item # 7A September 23, 2 Page 105 of 128 TA e M Type of Conditional Use: This application is requesting a conditional use allowed per LDC Section 2.04.03 of the C -3 zoning district for retail use larger than 5,000 s.f. (type of use). Present Use of the Properly: The subject property is currently undeveloped. H ° C l i .�✓i Y f 1, v , .* 1 aiLL l Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 10.08.00. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals 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, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). 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): Please see the attached narrative statement. 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: Please see the attached narrative statement. APPLICATION FOR PUBLIC NEARING FOR CONDITIONAL USE - 4114100, rev 5/20/2005 Item # 7A September 23, 2008 C. Describe the effect the conditional use will have on neighboring properties in relation to noise Page 106 of 128 glare, economic impact and odor: Please see the attached narrative statement. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: Please see the attached narrative statement. e. Please provide any additional Information which you may feel is relevant to this request. Please see the attached narrative statement. 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. f . 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 hearings have been held on this property in the last year. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a . A copy of the pre - application meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 81/2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; • all existing and proposed structures and the dimensions thereof, provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existing and /or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE — 4114103, rev 512012005 Item # 7A September 23, 2 Page 107 of 128 • locations of solid waste (refuse) containers and service function areas, • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), • proposed and /or existing landscaping and buffering as may be required by the County, • location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall Identify plant and /or wildlife habitats and their boundaries. Such Identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. e. Statement of utility provisions (with all required attachments and sketches); f . A Traffic Impact Statement (TIS), unless waived at the pre - application meeting; g. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting); h. The petitioner must provide a letter of no objection from the United States Postal Service prior to submittal of the application. Please contact Robert M. Skebe, Growth Management Coordinator at: U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102 -9998 Phone (239) 435 -2122; Fax (239) 435 -2160 i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre - application meeting, including but not limited to any required state or federal permits. BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING 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. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -All 4103, rev 512017005 Item # 7A September 23, 2 Page 108 of 128 ABC Fine Wine and Spirits Conditional Use Narrative Statement The subject property is approximately 1.74± acres located northeast of the intersection of C.R. 951 and U.S. 41. The site is located within the Commercial Intermediate (C -3) zoning district with a Special Treatment Overlay (ST). The property is within the Mixed Use Activity Center Subdistrict on the Future Land Use Map of the Future Land Use Element of the Collier County. The applicant is requesting a conditional use to allow permitted retail uses larger than 5,000 square feet. A. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan; The proposed Conditional Use would allow retail uses larger than 5,000 square feet in the C -3 zoning district. The Iand Development Code (LDC) allows the requested uses by- right in this district, but in the interest of controlling the development of "big box" retail structures in the County, the LDC limits the Commercial Intermediate category, which is one of the more common commercial districts, to control the distribution of larger stores. In this case, the site is only 1.74± acres and the proposed use is approximately 12,000 square feet. Although there is no firm definition, "big box" retail uses are generally considered to be much larger than the proposed use of this site. The size limitation on retail uses simply allows County staff and officials to detennine that the use is compatible in the requested location, Development of the subject property will be consistent with the LDC. All development standards, including setbacks, landscape buffering, height limitations and architectural design will be met. These will be demonstrated in full during the required site development plan review process. The proposed conditional use is also consistent with the Future Land Use Element of the Collier County Growth Management Plan (FLUE). The site is located within the Mixed Use Activity Center Subdistrict on the Future Land Use Map. This subdistrict "is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community (FLUE, Section I1L13.1)." This statement supports the request for a larger retail use in this location. The FLUE also encourages interconnections between uses. These are provided with the commercial property south of the subject site. Pedestrian access will be provided per LDC requirements. FLUE Policy 5.3 discourages urban sprawl in Collier County. This conditional use will permit commercial intensity to be located in an activity center, which is an area deemed appropriate for development. Policy 5.4 requires compatibility between uses. The property is surrounded on all sides by commercial development and zoning. One portion of the northern boundary borders a multi - family residential development, which is an appropriate step -down zoning district from commercial uses. ABC Fine Wine & Spirits CU Narrative Statement August G, 2007 Page 2 of 3 Item # 7A September 23, 2 Page 109 of 128 The policies associated with Objective seven of the FLUE address smart growth principals in Collier County. The requested conditional use is consistent with these policies. Specifically, the site is connected to the fronting arterial roadway, consistent with spacing requirements, which meets the requirement of Policy 7.1. The site is also interconnected with the adjacent commercial property, which meets the requirements of Policies 7.2 and 7.3. Policy 7,4 encourages walkable communities. The site will have a connection to the existing sidewalk on C.R. 951 to meet this criterion. The proposed use is appropriate to the location within the County and compatible with the existing and planned surroundings; therefore, the proposed conditional use is consistent with the FLUE. The newly adopted Economic Element of the Growth Management Plan contains one goal and six objectives. The goal of this Element is to diversify the economic base of the County by maintaining a positive business climate without sacrificing quality of life. Objective three encourages the development of new industries and the expansion of existing industries. The proposed conditional use would allow larger retail users to locate on the property. Therefore the request is consistent with the Economic Element of the Growth Management Plan. 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; There is one existing access to C.R. 951 located on the west side of the subject property that is shared with the pharmacy located south of the site. The conceptual site plan indicates interconnection points on both the southeast and southwest sides of the property. There is an additional access point onto U.S. 41 through the adjacent property. These two existing access points will adequately and safely serve the subject property. The interconnections provide for an efficient vehicular circulation pattern as shown in the provided layout, which will ensure proper access for emergency vehicles as well as patrons. There are existing sidewalk facilities along the C.R. 951 right of way and a connection will be provided, as required by the Land Development Code, to ensure pedestrian safety. With these things in mind, the proposed conditional use is consistent with this criterion. C. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor; Retail uses are already pennitted on this site, so this criterion should examine any increase in potential negative effects due to the increased size of the use. No additional impacts from noise are anticipated from the proposed use. On -site lighting will be directed to shine on the subject property to reduce impacts from glare, just as the Land Development Code (LDC) requires for any retail use. No negative economic impacts are ABC Fine Wine & Spirits CU Narrative Statement August 6, 2007 Page 3 of 3 Item # 7A September 23, 2008 Page 110 of 128 anticipated from development of the site. Landscape buffers, design standards and architectural design will all be required in accordance with the LDC which will assure a high quality development in this location. Retail uses do not generally emit offensive odors. The conceptual plan includes proposed dumpster location south of the building, which will keep the only source of odor as far from neighboring residential uses as possible. If approved, the larger use of the site that is requested with this petition will not add any additional negative impacts to neighboring properties. D. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district; The proposed retail use is consistent with the present use of neighboring properties. The site is bordered on all sides by commercial development or zoning. A portion of the northern boundary is adjacent to a multi - family residential development. Multi - family is generally considered an appropriate step -down in intensity from commercial development. In this case there will be adequate buffering provided to separate these uses. The multi - family development has a driveway and carports between the property line and the dwelling units, which further separate the two uses. Therefore the retail use is compatible with the surrounding area. E. Please provide any additional information which you may feel is relevant to this request. The subject property was granted a similar Conditional Use in 2005 by the Board of Zoning Appeals (Resolution 2005 -400). That request was for a 17,500 square foot office supply store. The retail uses requested by this petition are limited to 12,000 square feet and will potentially have a lower impact to the surrounding area than the previously - approved Conditional Use. Form must be signed by Addressing personnel prior to pre - application meeting. Not all items will apply to every project. Items In bold typo are required. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TY134 (check patilfon type below, complete a separate Addressing Checklist for each Per/don Type) BL (Blasting Permit) BD (Boat Dock Extension) SDP (Site Development Plan) ❑ SDPA (SDP Amendment) CamivaVCirous Permit CU (Conditional Use) ❑ SDPI (inaubstanilal Change to SDP) ❑ SIP (Site Improvement Plan) EXP (Excavation Permlt) ❑ FP (Final Plat SIPI (Insubstantial Change to SIP) LLA (Lot Line AdJustmeng ❑ PNC (Project Name Change) ❑❑ SNR (Street Name Change) ❑ SNC (Sheet Name Change - Unplatled) ❑ PPL (Plana t: Plat Review) q TOR (Transfer of Development Rights) ❑ VA (Variance) PSP ❑ PLO (Rezion inary Subdivision Plat) LL77 VRP (Vegetation Removal Permit) VRSFP (Vegetation Removal &Site Ftii Permit) ❑ RZ (Standard Rezone) El LEGAL DESCRIPTION of subJecf property or properties (copy of lengthy descdpdon may be attached) e se sea f d r A rat a ino ? FOLIO (Property ID) NUMBER(a) of above (attach to, orassoclate with, legal description lfmom then one) D0T2464o006 STREET ADDRESS or ADDRESSES (as applicable, (f already assfgnsd) 6800 CQLLIE3 B V • LOCATION MAP must be attached showing exact location of project/site In relation to nearest public road right -of -Way • SURVEY (copy -needed only for unplafted properties) PROPOSED PROJECT NAME {if applicable) rnvrvstu a I t(EE I NAMES (If applicablo) SITE 0EVELOPMENT PLAN NUMBER (for existing projecwsiles only) SDP orARS Page 1 of ,un Y! p2 I'M ei9v4 7UJ75 ADDRESSING CHECKLIST - PAGE TWO Item # 7A Offt fiber 23, 2008 Page 112 of 128' Project or development names proposed for, or already appearing In, condominlum documents (if application; Indicate whether proposed or existing) Please Check One; 19 Checklist is to he Faxed hack ❑ Personally picked Up APPLICANT NAME: $hason Umpenhour PHONE: 239.947-1144 FAX: 239.947.03,76 Signature on Addressing Checklist does not constitute Project and /or Street Name approval and Is subject to further review by the Addressing Department. FOR STAFF USE ONLY Primary Number -7 Address Number Address Number Address Number Approved by: �yvu�4 M sIC 0-1A _ Date: is 7.4) - i Updated by: Data: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Page 2 or 2 G: \CUnanrAPMioaUon FermsxAddressing CUackw rov 020207.doc Z� e S s� s� it J Cs / \ \ /Q , Item # 7A 8998p 33a9� \ \ rill! J� \ 7 p5p \ / h� 3W-1 Ni 8 i d d Oil' a8e o gg 23,2 f128 \ \ 8� \\ I it J Cs / \ \ /Q , Item # 7A 8998p 33a9� \ \ rill! J� \ 7 p5p \ / h� 3W-1 Ni 8 i d d Oil' a8e o gg 23,2 f128 Item # 7A September 23, 2008 Page 114 of 128 RESOLUTION NO. 08- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A LIQUOR STORE IN EXCESS OF 5,000 SQUARE FEET IN THE COMMERCIAL INTERMEDIATE ZONING DISTRICT WITH A SPECIAL TREATMENT OVERLAY (C -3ST) PURSUANT TO SUBSECTION 2.03.03.C.1.c.17 OF THE COLLIER. COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 6800 COLLIER BOULEVARD, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004 -41, as amended) which includes a Comprehensive. Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use for a liquor store in excess of 5,000 square feet in the Commercial Intermediate Zoning District with a Special Treatment Overlay (C -3ST) pursuant to Subsection 2.03.03.C.I.e.17 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings as described in Exhibit "A" that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08,00.D. of the Land Development Code; and Page 1 of 3 Item # 7A September 23, 2008 Page 115 of 128 WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU- 2007 -AR- 12419, filed by Heidi K. Williams of Q. Grady Minor and Associates, P.A., representing ABC Liquors, Inc., for a project to be known as ABC Fine Wine and Spirits, with respect to the property hereinafter described in Exhibit 'B ", be and the same is hereby approved for a Conditional Use for a liquor store in excess of 5,000 square feet within the Commercial Intermediate Zoning District with a Special Treatment Overlay (C -3ST) pursuant to Subsection 2.03.03.C.1.c.17 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "C" and subject to the conditions found in Exhibit "D ". Exhibits "B ", "C" and "D" are attached hereto and incorporated herein by reference. This Resolution supersedes Resolution No. 2005 -400. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second, and super - majority vote, this _ day of 2008. ATTEST: BOARD OF ZONING APPEALS Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA M , Deputy Clerk Page 2 of 3 By: TOM HENNING, Chairman Approved as to form and legal sufficiency: Heidi Ashton -Cicko Assistant County Attorney Exhibits attached: A. Findings of Fact B. Legal Description C. Conceptual Site Plan D. Conditions CP: 08- CPS- 00866%R=o \Rev 81108 Page 3 of 3 Item # 7A September 23, 2008 Page 116 of 128 BY COLLIER COUNTY PLANNING COM USSION FOR A CONDITIONAL USE PETITION FOR CU- 2007 -AR -12419 The following facts are found: Item # 7A September 23, 2008 Page 117 of 128 1. Section 10.08.00.1) of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ✓ No B. Ingress and egress to 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: Adequate ingress & egress Yes 11-1� No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or r/ Affect mitigated R�7 C1vN pi�7o 1 ! Affect cannot be mitigated /�J 7X O D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes 4/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: g }i W9 Exhibit A (I or q) BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2007 -AR -12419 The following facts are found: Item # 7A September 23, 2008 Page 118 of 128 1. Section 10.08.00.D of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with e Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to 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: Adequate ingres & egress Yes 7 No C. Affects neighboring properties in relation to noise, glare, economic or odor effect . ' No affect or — Affect mitigated Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes / No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2007 -AR -12419 The following facts are found: Item # 7A September 23, 2008 Page 119 of 128 1. Section 10.08.00.D of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency wt 'the Land Development Code and Growth Management Plan: Yes ° No B. Ingress and egress to 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: Adequate ingres �& egress yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use v ithin district Yes _ No _ Based on the above findings, this conditional use should, (should not) be recommended for approval. IM, stipulations, (copy attached) 3 of-1 BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2007 -AR -12419 The following facts are found: Item # 7A September 23, 2008 Page 120 of 128 1. Section 10.08.00.1) of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes -Z No — B. Ingress and egress to 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: Adequate ingress & egress Yes ✓ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or Affect mitigated Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No _ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. � ✓� �' """ v n `off DATE: / COMMISSIONER: f 4 el—'l M COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION � /�1 FOR CU- 2007 -AR -12419 The following facts are found: Item # 7A September 23, 2008 Page 121 of 128 1. Section 10.08.00.D of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V, No B. Ingress and egress to 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: Adequate ingress & egress Yes J No _ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or Affect mitigated Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ✓ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: `% �� COMMISSIONER: 5 Z-4-OI BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2007 -AR -12419 The following facts are found: Item # 7A September 23, 2008 Page 122 of 128 1. Section 10.08.00.D of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency 7'No e Land Development Code and Growth Management Plan: Yes _ B. Ingress and egress to 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: Adequate ingress & egress Yes ZNo C. Affects neighboring properties in relation to noise, glare, economic or odor effects- 0 y No affect or _ Affect mitigated Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ✓ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: 0 COMMISSIONER:__ (P 0F1 BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2007 -AR -12419 The following facts are found: Item # 7A September 23, 2008 Page 123 of 128 1. Section 10.08.00.D of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to 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: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor 1. effects: No affect or _)�_ Affect mitigated Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes A- No Based on the above findings, this conditional use should, kith stipulations, (copy attached) (should not) be recommended for approval. DATE: � 0:1 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2005-AR-7M /A V1 The following facts are found: Item # 7A September 23, 2008 Page 124 of 128 I. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development Code authorized the conditional use. 3. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of A. Consistency with the Land Development Code and Growth Management Plan: Yes / No _ B. Ingress and egress to 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: (' Adequate ingress & egress Yes V/ No _ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ✓ No affect or —Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes _1Z/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: C1 I!s I a S MEMBER: ExHIBIT A q 0 { --\ 99 Item # 7A r� /G�a9ternfrJg %8 BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2007 -AR -12419 The following facts are found: 1. Section 10.08.00.1) of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ✓' No B. Ingress and egress to 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: Adequate ingress & egress Yes ✓ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes `/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: � 7 4 '? COMMISSIONER:�� C' Item # 7A September 23, 2008 Page 126 of 128 Legal Description ABC Fine Wine & Spirits PROPERTYDESCRIPTJON A PARCEL OF LAND LYING IN THE NORTH WEST QUARTER OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, THENCE RUN N 89 DEGREES 23'531 W, ALONG THE NORTHLINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, FOR A DISTANCE OF 324.27 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 951(C.R_.951); THENCE RUNS 3S DEGREES 40DS" W, ALONG SAID EASTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF,887.72 FEET TO, THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRISM;. THENCE RUN S 54 DEGREES 2016' E FOR A DISTANCE OF 439.95 FEET; THENCE RUN S 35 DEGREES 39'44" W FOR A DISTANCE OF 190.00 FEET; THENCE RUN N 54 DEOREE3 20'16" W FOR ADISTANrE*F-131.z. FEETTHENCE RUN 02 DEGREES 12'01' E FOR A DISTANCE OF 24. 5 EFyy N 54 DEGREES 3342" W FOR A DISTANC90P201,10FEET;T N35l 0'16 "E FOR A DISTANCE OF A 1 &22 Fem THENCE RUN POINT ON SAID EAST N Y REESAY� EA O!�(NTY ROAD D79515 THENCE RUN N 35 DEGREES 4 ALO 5A1D 4 ST Y GH7 DF WAY FOR A DISTANCE OF 148.34 Fl`E)' T I@f 0 THE PARCEL OF LAND DESCRIBED HEREN. 1 l� J` TOGETHER WITH: ALL OF GRANTOR'S RJGMT W, AND INITC `RW AND TO THAT CERTAIN DECLARATION OF RECIPRO C� 'RESTRICTIVE COVENANTS RECORDEDIN OFMCIAL RECD tRAY. t ACE 2884, AS Ah4ENDED BYTHAT FIRST AMENDMENT TO RECIPROCALUSEWEENTS AND RESTRICTIVE COVENANTS RECORDED W OFFICIALRECORDS 00OK3801 AT PAGE3957, AS FURTHERAMENDED BY THAT SECOND AMENDMENT TO RECIPROCAL EASEMENTS AND RESTRICTIVE COVENANTS RECORDED IN OFFICIAL RECORDS BOOK 4107 AT PAGE Oil, ALL AS RECORDED AMONG THE PUBLIC. RECORDS OF COLLIER COUNTY, FLORIDA EXHIBIT "B" r u .a .0 ? W �9 Item # 7A 6 ge i t C r; Y, b nw D w w u 23, 2008 f 128 ddddp el 6 ge i t C r; Y, b nw D w w u 23, 2008 f 128 Item # 7A September 23, 2008 Page 128 of 128 CONDITIONS OF APPROVAL CU- 2007 -AR -12419 August 12, 2008 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "ABC Fine Wine & Spirits Conditional Use," prepared by Q. Grady Minor & Associates, P.A. and dated August, 2007. 2. This Conditional Use shall only allow liquor stores (SIC 5921) with more than 5,000 square feet of gross floor area in the principal structure, limited to a maximum of 12,000 square -feet of gross floor area. 3. The applicant must abide by the terms of the Developers Contribution Agreement, US -41 Developers' Consortium, approved by the Board of County Commissioners on November 13, 2007, or as it may be amended. 4. The developer shall comply with buffering requirements of Resolution No. 02 -422, Exhibit B. 5. Only delivery trucks with no more than two axles shall be permitted on the site. 6. The opening of the easternmost interparcel access connection depicted on the site plan shall be contingent upon an agreement by that property's owner, CVS Pharmacy. 7. The existing eight -foot wall shall be continued adjacent to the residential portion of the Falling Waters PUD up to the point where the self - storage is located, and shall be constructed of any material permitted by the Land Development Code other than wood. 8. No public entrances shall be permitted on the eastern/southeastern side of the proposed building. CU- 2007 -AR -12419 Exhibit D SUPPLEMENTAL EXECUTIVE SUMMARY CU- 2007 -AR- 12419, ABC Liquors Inc., represented by Heidi K Williams, AICP of Q. Grady Minor and Associates, P.A., is requesting a Conditional Use of the Commercial Intermediate (C-3) Zoning District with a Special Treatment (ST) Overlay to increase the maximum allowable square - footage of a retail establishment from 5,000 square - feet of gross floor area to 12,000 square -feet of gross floor area in the principal structure. The subject property, consisting of approximately 1.79 acres, is located in the northeastern quadrant of the Collier Boulevard (CR 951) and Tamiami Trail East (US 41) intersection, in Section 3, Township 51 South, Range 26 East, Collier County, Florida OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the above - referenced application for Conditional Use No. 17 of the Commercial Intermediate (C -3) Zoning District and Special Treatment Overlay (ST), as provided in Section 2.03.03.C.1.c.17 of the Collier County Land Development Code (LDC) (Ordinance No. 2004 -41, as amended), to permit a retail establishment with more than 5,000 square -feet of gross floor area in the principal structure; and to insure that the community's interests are maintained. STATUS: The CCPC heard this petition at their August 7, 2008 meeting, and voted 9 -0 to forward it to the BZA with a recommendation of approval, subject to conditions; one of which restricted the size of delivery trucks to two -axle vehicles. However, the applicant realized after the hearing that the business would in fact require deliveries from larger trucks having more than two axles. Therefore, on August 13, 2008, the applicant requested that the item be re -heard by the CCPC in order to revise this condition of approval. In order to disclose this new information, the petitioner duly advertised and held another Neighborhood Information Meeting (NIM). After consultation with the single meeting attendee, the applicant agreed to avoid deliveries from 9 a.m. to 4 p.m. and from 6 p.m. to 10 p.m. on weekdays; and between 9 a.m. and 10 p.m. on weekends (see Condition No. 5). As a result of this change to address the neighbor's concern, the Department of Zoning and Land Development Review staff s recommendation remained the same; and at the item's second hearing before the CCPC on September 18, 2008, the CCPC. again recommended unanimous approval (7 -0), subject to the stipulations contained in Exhibit D to the attached resolution. In addition to allowing delivery trucks with more than two axles (outside of rush hours and late at night), the new stipulations included a CCPC - recommended change to permit these larger delivery trucks only if the easternmost of the two interparcel connections shown on the Master Plan were constructed (see Condition No, 6). They also required that all delivery trucks park on the two sides of the proposed building that would not abut the neighboring Falling Waters PUD (see Condition No. 9). CU-2007-AR-12419 Page 1 of 2 q�l I In Although this item received unanimous approval from the CCPC, staff could not place it on the BZA's Summary Agenda due a letter received from the community, which has been attached to this supplemental Executive Summary as Attachment 1. RECOMMENDATION• Staff recommends that the Board of Zoning Appeals approve CU- 2007 -AR- 12419, subject to the conditions recommended by staff and the CCPC, contained in the attached resolution. PREPARED BY: John -David Moss, AICP, Principal Planner Department of Zoning & Land Development Review CU- 2007 -AR -12419 Page 2 of 2 �1 Page 1 of 1 MossJohndavid Sent: Monday, September 08, 2008 10:29 PM To: MossJohndavld Cc: RollinsCheri Subject: ABC Liquor store concerns Hi John, Thank you for your concern and interest in our Failing Waters Beach Resort community. I would greatly appreciate your conveying my concerns regarding the entering and exiting of semi trucks from the proposed ABC Liquor store on the comer of 951 and 41. 1 still feel that the turning radius is too small for a semi to enter from 951. As it is now, 2 normal size vehicles can barely enter and exit at the same time. Also, just a reminder about sending me the latest info concerning Mario's Marco Building Supply and the proposed Target. Thank you and it was good to meet you and Cheri. Eton Krisanda rkkidd Qarthlink.net EarthLink Revolves Around You. 9/9/2008 Yt 1240�) 76- RESOLUTION NO. 08- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A LIQUOR STORE IN EXCESS OF 5,000 SQUARE FEET IN THE COMMERCIAL INTERMEDIATE ZONING DISTRICT WITH A SPECIAL TREATMENT OVERLAY (C -3ST) PURSUANT TO SUBSECTION 2.03.03.C.1.c.17 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 6800 COLLIER BOULEVARD, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004 -41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has field a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use for a liquor store in excess of 5,000 square feet in the Commercial Intermediate Zoning District with a Special Treatment Overlay (C -3ST) pursuant to Subsection 2.03.03.C.1.c.17 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning. Commission has made findings as described in Exhibit "A" that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning aIl applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and Page 1 of 3 ql2�ew WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU- 2007 -AR- 12419, filed by Heidi K. Williams of Q. Grady Minor and Associates, P.A., representing ABC Liquors, Inc., for a project to be known as ABC Fine Wine and Spirits, with respect to the property hereinafter described in Exhibit "B ", be and the same is hereby approved for a Conditional Use for a liquor store in excess of 5,000 square feet within the- Commercial Intermediate Zoning District with a Special Treatment Overlay (C -3ST) pursuant to Subsection 2.03.03.C.1.c.17 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan descritbed,in Exhibit "C" and subject to the conditions found in Exhibit "D ". Exhibits `B ", "C" and "D" are attadhed hereto and incorporated herein by i reference. This Resolution supersedes Resolution No. 2005 -400. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion; second, and super - majority vote, this day of $2008. ATTEST: BOARD OF ZONING APPEALS Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA 0 , Deputy Clerk Page 2 of 3 By: TOM KENNING, Chairman 9123/0i 7A- Approved as to form and legal sufficiency: .,�� Heidi Ashton -Cicko Assistant County Attorney Exhibits attached. A. Findings of Fact B. Legal Description C. Conceptual Site Plan D. Conditions BY 4W COLLIER COUNTY PLANNING COMMSSION FOR A CONDITIONAL USE PETITION FOR CU- 2007 -AR -12419 The following facts are found: 1. Section 10.09.00.1) of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of A. - Consistency with the Land Development Code and Growth Management Plan: Yes ✓ No B. Ingress and egress to 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: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _No affect or r/ Affect mitigated r C"`� rte- p i �?o •�•s /� S Affect cannot be mitigated S' Zx n D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes t, No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. � DATE: g n COMMISSIONU In Exhibit C112'310 8" 7A' BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2007 -AR -12419 The following facts are found: 1. Section 10.08.00.1) of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of A. Consistency with e Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to 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: Adequate in7meog ress Yes C. Affect s neighboring properties in relation to noise, glare, economic or odor _._ effec . No affect or Affect mitigated Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes / No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: 9/2-3/Oy -7A- zcS�1 BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2007 -AR -12419 The following facts are found: 9%z3� 7A- I , Section 10.08.00.D of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency wi �e Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to 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: Adequate ngres i & egress r Yes No C. Affects neighboring prope . s in relation to noise, glare, economic or odor effects: No affect or Affect mitigated Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use ithin district Yes No Based on the above findings, this conditional use should, stipulations; (copy attached) (should not) be recommended £or approval. { Q� DATE: v COMMISSIONER: 3 a- 9 BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2007 -AR -12419 The following facts are found: 97� 1. Section 10.08.00.1) of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of A. Consistency with the Land Development Code and Growth Management Plan: Yes --,Z No B. Ingress and egress to 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: Adequate ingress & egress Yes /No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated �� " + ` tu-k Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wit in district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: COMMISSIONER: c.l a.i-: n " BY -yi P COLLIER COUNTY PLANNING COMMISSION P�y� FOR 1�'n A CONDITIONAL USE PETITION FOR CU- 2007 -AR -12419 The following facts are found: 1. Section 10.08.00.1) of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes 1/ No B. Ingress and egress to 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: Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Y.Affect mitigated Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes / No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: '/ Q? COMMISSIONER:,& yy G 4 -cl BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2007 -AR -12419 The following facts are found: 912310 1. Section-10.08.00.D of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of A. Consistency with e Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to 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: Adequate ing7NO egress Yes C. Affects neighboring properties in relation to noise, glare, economic or odor.. ..._....._ eff ecis;. . No affect or Affect mitigated Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use 'thin district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: COMMISSIONER: 1p o�'q BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2007 -AR -12419 The following facts are found: 1. Section 10.08.00.1) of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: t.. Yes X No B. Ingress and egress to 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: Adequate ingress & egress Yes _X No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or --X_ Affect mitigated Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes A- No Based on the above findings, this conditional use should, (should not) be recommended for approval. DATE: 7 stipulations, (copy attached) I 0�- 1/14 IA- FINDING-OF FACT BY COLLIER COUNTY PLANNING CONl USSION FOR A CONDITIONAL USE PETITION -7.; - 200 -AR 7M6 1 A V117 The following facts are found: 19/04 1. Section 2.2.14.3.11 (proposed Section 2.04.03, Table 2) of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because Of.. A. Consistency with the Land Development Code and Growth Management Plan: Yes _L No B. Ingress and egress to 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: Adequate ingress & egress Yes / No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ✓ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. r, DATE: t5 % s V MEMBER: zz, I" EXHIBIT A g of 1� t BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2007 -AR -12419 The following facts are found: 74- 1. Section 10.08.00.D of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of- A. Consistency with the Land Development Code and Growth Management Plan: Yes V' No B. Ingress and egress to 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: Adequate ingress & egress Yes ✓ No C. Affects neighboring properties in relation to noise, glare, economic or odor _.....__ effects: No affect or Affect mitigated Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes I/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should.not) be recommended for approval. DATE: COMMISSIONER:___ 41 J e- .Legal Description. ABC Fine Wine & Spirits WAMT w PR0,?MM yVHSLWnON A FA.RCELOF WND LYING 1N THE NORTH WEST Qj,IARTER OF sECT10W 3, TOwNsulp S 1 SOUTB, Ft mE 26 EAST, COLLIER Coum y FLORMA, BEING MORE PAR WULA1tLY DESCRIBEI) AS MLLOWS. COMMENCC AT THE NORTHEAST CORNER OF TH$ 1v�0�ltTTiWEST QVA1�Tt�R OF 317014 31 Tljy=rNg 51 SOUTH, RANG& 26 EAST, COLLIER COUNTY FLORIDA, THENCE RUNN 89DEGREE5 23`33' W, ALONGTHE NOK?HLINIi OF THENORTHWEST QUARTER OF SAID SECTRM 3, FOR A DISTANCE OF 37.4.271 T TO A POANT ON TtM ' ' LY RrOHHT OP WAY NEOP COMY ROAD 931(C- P- -951); 7 F EENCH RUN 935 OFM 4M82T' W', AL0NG SA.>D EASMny' RFGHT OF WAY tMk FOR A D�TSTANCE 0 8$7.72 Pl3BF'[�p THE POINT Oli' aLrOaR I O OP THE PARCEL OF LAN]? UEREIN DESCMW TREI' CE RUN 8:54 DRORM 2016" E FOR A DMTANCE op 43995 FEE74 TMNC E RUN S 15 DEGREES .3944" W FOR A DISTANCE OF 190.00 FEET; TNBNCE RUN N 54 Dt 2.0']8" W FOR ADI8TAN -5j �T'THENCERum -N 02DRGRE#13S 1 ISTA E FORA INSTANCE OF 24. �� N 54 DEGR:ELS 3342" W FOR A D]STARICEi3F? 1.I0 FEET, T N 35 >3L3 40'361; l�l71t A L) 15.22 FEE]': wuce RUN N ES 19'24"W FO A STANCir OP 73.9 5 FEET To A k*&?1N C1'�i iGR Y E O G1 1b ROAD 051;'1'f. WCE DDT H s p 141.30 40 Y GHT OF WAY FOR A D STA111C8 OF 1+18.34 F T 04 THE F,iLRM OF LANl7 DESC�ED HEREIN. � t T`�1t WfiH: �1... r i;�i ALL OP GRAM pts PIG ]i13CLAl2ATt0iY or 1tECI1'It0 AND MT AND TO 'MAT -CERTAIN R9C1�DEDJNOFFICIAL.Rl. AESTRICTI COVENAN1r5 FMST AMENDMENT" � GE 280, AS AMffMED RYiI{AT REC0RDMINOFFML RECORDS BOOK 38DIATPA � AND 9p.ASp )Ri''HEr(AMEWUD BY TrIAT 3 lND AWk DMENT TO RECtPKOCA].1wA9M&1spP5 AND RMRXMW CO#VENk7V'[$ "CORDED iN 0'FF1CtAL' RDS BOOK 4107 AT PAGE 8111 ALL AS RE OR6ED AMONG THE PUBLIC RECORbS OF COLLIER CO(Ifny, FL.0RMA tall: -- Z-OMK g �9 r ,A � Al u rq w ' �Q ya W o F Q O V h if ° kill! " 0•. / ,cis' D WA �v i JA- CONDITIONS OF APPROVAL CU- 2007 -AR -12419 September 18, 2008 IN� JA- L The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "ABC Fine Wine & Spirits Conditional Use," prepared by Q. Grady Minor & Associates, P.A. and dated August, 2007. 2. This Conditional Use shall only allow liquor stores (SIC 5921) with more than 5,000 square feet of gross floor area in the principal structure, limited to a maximum of 12,000 square -feet of gross floor area. 3. The applicant must abide by the terms of the Developers Contribution Agreement, US -41 Developers' Consortium, approved by the Board of County Commissioners on November 13, 2007, or as it may be amended. 4. The developer shall comply with buffering requirements of Resolution No. 02- 422, Exhibit B. 5. No deliveries shall be permitted between 10 p.m. and 7 a.m. Trucks having more than two axles shall only make deliveries to the subject property from 9 a.m. to 4 p.m. and from 6 p.m. to 10 p.m. on weekdays; and between 9 a.m. and 10 p.m. on weekends. 6. The opening of the easternmost interparcel access connection depicted on the site plan shall be contingent upon an agreement by that property's owner. Notwithstanding Condition No. 5 above, trucks having more than two axles shall not be allowed without this interparcel access connection. 7. The existing eight -foot wall shall be continued adjacent to the residential portion of the Falling Waters PUD up to the point where the self - storage is located, and shall be constructed of any material permitted by the Land Development Code other than wood. 8. No public entrances shall be permitted on the eastern/southeastern side of the proposed building. 9. Parking for delivery trucks shall be limited to the side of the building facing CR 951 or the side of the building facing south, towards the existing CVS Pharmacy. Exhibit D �/z 610 S � � JA SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: SEPTEMBER 17, 2008 RE: PETITION: CU- 2007 -AR- 12419, ABC FINE WINE AND SPIRITS The Collier County Planning Commission heard the ABC Fine Wine and Spirits Conditional use petition at its August 7, 2008 meeting, and unanimously recommended that the item be forwarded to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject to the following conditions: 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "ABC. Fine Wine & Spirits Conditional Use," prepared by Q. Grady Minor & Associates, P.A. and dated August, 2007. 2: This Conditional Use shall only allow liquor stores (SIC 5921) with more than 5,000 square -feet of gross floor area in the principal structure, limited to a maximum of 12,000 square -feet of gross floor area. 3. The applicant must abide by the terms of the Developers Contribution Agreement, US 41 Developers' Consortium, approved by the Board of County Commissioners on November 13, 2007, or as it may be amended. 4. The developer shall comply with buffering requirements of Resolution No. 02 -422, Exhibit B. 5. Only delivery trucks with no more than two axles shall be permitted on the site. 6. The opening of the easternmost interparcel access connection depicted on the site plan shall be contingent upon an agreement by that property's owner, CVS Pharmacy. 7. The existing eight-foot wall shall be continued adjacent to the residential portion of the Falling Waters PUD up to the point where the self - storage is located, and shall be constructed of any material permitted by the Land Development Code other than wood. CU- 2007 -AR- 12419, ABC FINE WINE AND SPIRITS -I- 9l2,61&9r 8. No public entrances shall be permitted on the eastern/southeastern side of the proposed building. However, on August 13, 2008, the applicant requested that the item be re -heard by the CCPC on September 18, 2008, in order to revise one of the conditions of approval (No. 5) relating to delivery truck size limits, as the business will in fact require deliveries from trucks with more than two axles. In order to disclose this change, the petitioner duly advertised and held another Neighborhood Information Meeting (NIM) to discuss potential impacts with neighbors. After consultation with the single attendee, the applicant has agreed to avoid deliveries during rush hours to minimize interferences with traffic, Therefore, the applicant is now proposing to revise Condition 5, as follows: 5. Trucks having more than two axles shall only make deliveries to the subject property from 9 a.m. to 4 p.m. and from 6 p.m. to 10 p.m. on weekdays; and between 9 a.m. and 10 p.m. on weekends. The Department of Zoning and Land Development Review Staff recommendation remains the same as noted in the previous staff report from the August 7, 2008 meeting. As such, staff recommends that the CCPC forward CU- 2007 -AR -12419 to the BZA with a recommendation of approval, subject to stipulations contained in the attached Exhibit D, dated September 17, 2008, which will be attached to the ordinance. ATTACKED INFORMATION: Attached is Exhibit D, dated September 17, 2008, which will be attached to the ordinance forwarded to the BZA. Staff received an email from the attendee of the NIM, which has also been attached. PREPARED BY: 9 /27-2-1AV 11 -14-7/A 9 3OI -DAVID MOSS, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW �- 7-17-Or RA ND REULOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW -'SUSAN M. ISTENES, AICP, DIRECTOR ATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: J910PH K. SCBMITT, -ADMINISTRATOR DATE VW4MTY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION MARK P. STRAIN, CHAIRMAN `" Tentatively scheduled for the September 23, 2008 Board of County Commissioners Meeting 3 9 123102 77+' CONDITIONS OF "PROVAL CU- 2007 -AR -12419 September 17, 2008 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "ABC Fine Wine & Spirits Conditional Use," prepared by Q. Grady Minor & Associates, P.A. and dated August, 2007. 2. This Conditional Use shall'only allow liquor stores (SIC 5921) with more than 5,000 square feet of gross floor area in the principal structure, limited to a maximum of 12,000 square-feet of gross floor area. 3. The applicant must abide by the terms of the Developers Contribution Agreement, US -41 Developers' Consortium, approved by the Board of County Commissioners on November 13, 2007, or as it may be amended. ' 4. The developer shall comply with buffering requirements of Resolution No. 02 -422, Exhibit B. 5. Trucks having more than two axles shall only make deliveries to the subject property from 9 a.m. to 4 p.m. and from 6 p.m. to 10 p.m. on weekdays; and between 9 a.m. and 10 p.m. on weekends. 6. The opening of the easternmost interparcel access connection depicted on the site plan shall be contingent upon an agreement by that property's owner, CV S pharmacy. 7. The existing eight -foot wall shall be continued adjacent to the residential portion of the Falling Waters PUD up to the point where the self-storage is located, and shall be constructed of any material permitted by the Land Development Code other than wood. S. No public entrances shall be permitted on the eastern/southeastern side of the proposed building. CU- 2007 -AR -12419 Exhibit D 1 tr 7A- Page 1 of 1 MossJohndavid Sent: Monday, September 08, 2008 10:29 PM To: MoWohndavid Cc: RollinsChed Subject: ABC Liquor store concerns Hi John, Thank you for your concern and interest In our Falling Waters Beach Resort community. ! would greatly appreciate your conveying my concerns regarding the entering and exiting of semi: trucks from the proposed ABC Liquor store on the comer of 951 and 41. 1 still feel that the turning radius is too small for a semi to enter from 951. As it is now, 2 normal size vehicles can barely enter and exit at the same time. Also, just a reminder about sending me the latest info concerning MarVs Marco Building Supply and the proposed Target. Thank you and it was good to meet you and Cheri. Ron Krisanda fkd dcid %prthlink.net EarthUnk Revolves Around You. 9/9/2008