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Agenda 04/27/2021 Item # 9B (Ordinance: BCHD I CPUD )9.B 04/27/2021 EXECUTIVE SUMMARY This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Estates (E) zoning district to a Commercial Planned Unit Development (CPUD) zoning district to allow up to 200,000 square feet of commercial uses for a project to be known as BCHD I CPUD on property located approximately one-half mile north of Randall Boulevard on the west side of Immokalee Road in Section 22, Township 48 South, Range 27 East, Collier County, Florida consisting of 19.13E acres; and by providing an effective date. (This is a Companion item to Agenda Item 9.A.) OBJECTIVE: To have the Board of County Commissioners (Board) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above -referenced petition and render a decision regarding the petition, and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner proposes to rezone 19.13± acres from Estates (E) to a Commercial Planned Unit Development (CPUD). The CPUD will allow up to 200,000 square feet of commercial land uses including all permitted uses and conditional uses in the C-3 Zoning District and limited C-4 uses. The C-4 uses include motor freight transportation and warehousing (air-conditioned mini -and self -storage warehousing only), car washes, medical and dental laboratories, and nursing and professional care facilities. See Attachment A -Proposed PUD Ordinance. This is a companion item to GMPA-PL20160000221, Estates Subdistrict GMPA. The Master Plan, located in the Staff Report, depicts the area of proposed commercial development, vehicular circulation, preserve, and water management areas. The Master Plan also shows that 12.51± acres will be commercial area, 2.85± acres will be preserve, 2.3± acres will be water management, 1.35± acres will be buffers, and .12± acres will be R.O.W. dedication area. A minimum of 30% open space will be provided. To the north of the subject PUD is undeveloped Estates, to the east of the PUD is Immokalee Road and then Orange Tree MPUD, partially developed with single-family residences. To the west of the subject PUD, is the Estates, which is mostly developed with single-family residences along the western property line of BCHD I CPUD. Vehicle/pedestrian interconnections are shown on the Master Plan with the proposed Randal Curve Mixed -use Planned Unit Development (MPUD) to the south and the Estates to the north. The proposed PUD boundary setbacks are 25 feet from Immokalee Road, 30 feet from the northern Estates boundary, 50 feet from the western Estates boundary, and 25 feet from the southern proposed Randall Curve PUD boundary. The petitioner proposes a maximum zoned height of 45 feet and an actual building height of 55 feet. There is a proposed 20-foot wide Type D Landscape Buffer (trees 25 feet on center and a 2-foot tall hedge) along Immokalee Road and 4th Street N.E. A 15-foot wide Type B Landscape Buffer (trees 25 feet on center and a 6-foot high hedge, fence, or wall) is proposed along the Estates zoned properties. There are two proposed deviations related to directory signs and street width. For further information, please see the Deviation Section on page 17 of the Staff Report. Packet Pg. 295 9.B 04/27/2021 FISCAL IMPACT: The PUD Rezone (PUDR) by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build -out, will maximize its authorized level of development. However, if the PUD Rezone is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Comprehensive Planning staff has reviewed the proposed PUDA and has found it consistent with the Future Land Use Element (FLUE) of the GMP subject to the adoption of the companion GMP Amendment. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC, heard Petition PUDR-PL20200000546, BCHD 1 CPUD on March 18, 2021. While the BCC had recommended 200,000 square feet of commercial land uses during transmittal of the companion GMPA, the CCPC had recommended 180,000 square feet of commercial land uses. The CCPC voted 6-0 to forward this petition to the Board with a recommendation of approval subject to the following conditions of approval: - The commercial floor area shall be limited to 180,000 square feet. - The weekend outdoor sound curfew shall be 10 p.m. The requested revisions have not been made. There has been additional language added to the PUD Document clarifying the proposed Principal Land Uses. While staff is not opposed to the proposed language, it was not included in the CCPC recommendation of approval. During the CCPC hearing, the petitioner agreed to the following: - Continue the Type B Landscape Buffer between the lake and the rear of the shopping center. - Outdoor sound shall be limited to commercial areas adjacent to Immokalee Road. - No commercial structures will be constructed on the single most westerly portion of the PUD abutting 4' Street N.E. - Chain link fencing will be provided around the lake in accordance with the LDC or Code of Laws and Ordinances. The petitioner has incorporated the above items into the PUD Ordinance. See Attachment B-Proposed Ordinance. Due to the inconsistencies in the proposed PUD Document and the submittal of Letters of Objection to staff, this petition has been placed on the Regular Agenda. LEGAL CONSIDERATIONS: This is a rezone from the Estates (E) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for a project to be known as the BCHD I CPUD. Packet Pg. 296 9.B 04/27/2021 The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners, should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for CPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. Consider: Conformity of the proposed CPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with CPUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed CPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested CPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Packet Pg. 297 9.B 04/27/2021 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed CPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the CPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Board hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This item has been reviewed as to form and legality, and an affirmative vote of four is necessary for Board approval. (HFAC) Packet Pg. 298 9.B 04/27/2021 RECOMMENDATION: Staff concurs with the previous recommendation of the BCC to limit the commercial floor area to 200,000 s.£ Staff concurs with the recommendation of the CCPC to limit the weekend outdoor sound to 10 p.m. on weekends. Therefore, staff recommends the Board of County Commissioners approves the request for Petition PUDR-PL20200000546, BCHD 1 CPUD subject to the following Conditions of Approval: - The commercial floor area shall be limited to 200,000 square feet. - The weekend outdoor sound curfew shall be 10 p.m. Prepared by: Nancy Gundlach, AICP, PLA, Principal Planner, Zoning Division ATTACHMENT(S) 1. Staff Report BCHD 1 3-3-21 (PDF) 2. Attachment A -Proposed Ordinance - 032521 (PDF) 3. Attachment B-NIM Transcript (PDF) 4. [Linked] Attachment C-Application (PDF) 5. Shared Access Agreement (updated) (PDF) 6. Letters of Objection to BCHD 1 3-31-21(PDF) 7. Hybrid Meeting Waiver (PDF) 8. legal ad - Agenda ID 15382 (PDF) Packet Pg. 299 9.B 04/27/2021 COLLIER COUNTY Board of County Commissioners Item Number: 9.13 Doe ID: 15382 Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Estates (E) zoning district to a Commercial Planned Unit Development (CPUD) zoning district to allow up to 200,000 square feet of commercial uses for a project to be known as BCHD I CPUD on property located approximately one-half mile north of Randall Boulevard on the west side of Immokalee Road in Section 22, Township 48 South, Range 27 East, Collier County, Florida consisting of 19.13f acres; and by providing an effective date. (This is a Companion item to Agenda Item 9.A) Meeting Date: 04/27/2021 Prepared by: Title: Planner, Principal — Zoning Name: Nancy Gundlach 03/24/2021 10:42 AM Submitted by: Title: Planner, Principal — Zoning Name: Anita Jenkins 03/24/2021 10:42 AM Approved By: Review: Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 03/24/2021 3:39 PM Zoning Ray Bellows Additional Reviewer Completed 03/24/2021 5:19 PM Zoning Anita Jenkins Zoning Director Review Completed 03/31/2021 3:35 PM Growth Management Department Jeanne Marcella Department Head Review Completed 04/07/2021 2:37 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 04/09/2021 10:45 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/09/2021 10:55 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/09/2021 2:13 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/19/2021 3:41 PM County Manager's Office Board of County Commissioners Dan Rodriguez Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 04/20/2021 3:49 PM 04/27/2021 9:00 AM Packet Pg. 300 9.B.1 Coibe' r County �- STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: MARCH 18, 2021 SUBJECT: PUDR-PL20200000546, BCHD I COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) (COMPANION TO GMPA-PL201620000221, ESTATES SUBDISTRICT GROWTH MANAGEMENT PLAN AMENDMENT (GMPA)) PROPERTY OWNER/APPLICANT AND AGENTS: Property Owner: BCHD Partners I, LLC 2600 Golden Gate Parkway Naples, FL 34115 Agents: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: Noel J. Davies, Attorney Davies Duke, PLLC 2375 Tamiami Trail North, Suite 306 Naples, FL 34103 The petitioner requests that the Collier County Planning Commission (CCPC) consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Estates (E) zoning district to a Commercial Planned Unit Development (CPUD) zoning district to allow up to 200,0000 square feet of general commercial uses for a project to be known as BCHD I CPUD and by providing an effective date. MPUD PUDR-PL20200000546, BCHD I CPUD March 3, 2021 N M M Page 1 of 18 Packet Pg. 301 9.B.1 '�4"'i�' � III 1 � '➢ MPUD PUDR-PL20200000546, BCHD I CPUD C 0 N Ict LO 0 0 0 0 C) J L E z .5 L� C 0 CIO 0 0 J a March 3, 2021 Page 2 of 18 Packet Pg. 302 9.B.1 z 1 - NY ❑�(t' 2 SN 11 f Z wwa w w F Ld �� U2 a W F W O {I] WAX J mo W 0 drop a �m M aim LL LL m m + IMMOKALEE ROAD 4 Cc LU d Ww IL 1 II N W .. w O W LU b x LLU Lt + `+; a s y O W 2 LL •• � J LL o- ❑ , d ❑ W D H w *, +` w a �x � LU #J `«' a cirW LL. HO «LLB p.'�> « obi w+ +',BygF .{ LLu,ccFw rr W W w wO 1� ww.z IOL oc_ �LLJ LLJ wmLU �o W 2 !LLJ WLU w E } IhlA +1 T _ } a IC I W w ui a LL w w m wm m a o mow Cri CL µ1 Lu o U. w D I C 4 a 4 AzO tnn� za e~n� a aw -� aw N J D W - W —4TH 5 J STREET N.E. Z — J w J ® L7 MPUD PUDR-PL20200000546, BCHD I CPUD March 3, 2021 Q Page 3 of 18 Packet Pg. 303 9.B.1 SITE SUMMARY TOTAL SITE ARFA- 19_13± ACRE COMMERCIAL (C) 12.511 AC (65%) 4TH STREET N.E. ROW 0.121 AC (I%) PRESERVE (P) 2_a51! AC (15%) WATER MANAGEMENT 2.3±AC (1211%) LANDSCAPE BUFFERS 1.351AC (7°/0) COMMERCIAL: MAXIMUM 200,000 S.F. OPEN SPACE: REQUIRED: 30% PROVIDED' 30% PRESERVE: REQLVRED: 2.85± ACRES (19.01 ACRES NATIVE VEGETATION X 15%) PROVIDED: 2.851 ACRES DEVIATIONS (SEE EXHIBIT E) 0 RELIEF FROM LDC SECTION 5.06.04,F,3., "DIRECTORY SIGNS" ® RELIEF FROM LDO SECTION 6.06.01. - -STREET SYSTEM REQUIREMENTS' AND 'APPENDIX B, TYPICAL STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS" NOTES 1_ THIS PLAN 15 CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS_ 2. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND 4_06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07. IN ORDER TO MEET THE LDC REQUIREMENTS FOR A TYPE 'B' BUFFER A 6 FOOT WIDE LANDSCAPE BUFFER RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN. IN THE EVENT THAT THE PRESERVE DOES NOT MEET BUFFER REQUIREMENTS AFTER REMOVAL OF EXOTICS AND SUPPLEMENTAL PLANTING WITHIN THE PRESERVE, PLANTINGS WILL BE PROVIDED IN THE 6' WIDE RESERVATION TO MEET THE BUFFER REQUIREMENTS. THE TYPE, SIZE, AND NUMBER OF SUCH PLANTINGS, IF NECE55ARY, WILL BE DETERMINED AT TIME OF INITIAL 5RP OR PLAT AND INCLUDED ON THE LANDSCAPE PLANS FOR THE SDP OR PLAT. EC11D f CPUD F�..HE" GradyMinarlks`a•'� ri. ii 8I ElfHIBIT CMASTER PLAN NOTES&. AHW MW7.II++ w, y+tl A.4�tlar. iCirt r+n �. &Q nlA 4P., 2 W 2 MPUD PUDR-PL20200000546, BCHD I CPUD March 3, 2021 N M M Page 4 of 18 Packet Pg. 304 9.B.1 CM APHIC LOCATION: The subject PUD, consisting of 19.13± acres, is located approximately one-half mile north of Randall Boulevard on the west side of Immokalee Road in Section 22, Township 48 South, Range 27 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to rezone 19.13± acres from Estates (E) to a Commercial Planned Unit Development (CPUD). The CPUD will up to 200,000 square feet of commercial land uses including all permitted uses and conditional uses in the C-3 Zoning District and limited C-4 uses. The C-4 uses include motor freight transportation and warehousing (mini -and self -storage warehousing only), car washes, medical and dental laboratories, and nursing and professional care facilities. See Attachment A Proposed PUD Ordinance. This is a companion item to GMPA-PL20160000221, Estates Subdistrict GMPA. The Master Plan, located on the previous page of this Staff Report, depicts the area of proposed J commercial development, vehicular circulation, preserve and water management areas. The Master a Plan also shows that 12.51± acres will be commercial area, 2.85± acres will be preserve, 2.3± acres c will be water management, 1.35± acres will be buffers, and .12± acres will be R.O.W. dedication area. A minimum of 30% open space will be provided. To the north of the subject PUD is undeveloped a Estates, to the east of the PUD is Immokalee Road and then Orange Tree MPUD, partially developed with single-family residences. To the west of the subject PUD, is the Estates, which is mostly N developed with single-family residences along the western property line of BCHD I CPUD. cm Vehicle/pedestrian interconnections are shown on the Master Plan with the proposed Randal Curve 00 Mixed -use Planned Unit Development (MPUD) to the south and the Estates to the north. Ln The proposed PUD boundary setbacks are 25 feet from Immokalee Road, 30 feet from the northern M Estates boundary, 50 feet from the western Estates boundary and 25 feet from the southern proposed M Randall Curve PUD boundary. The petitioner proposes a maximum zoned height of 45 feet and an c actual building height of 55 feet. There is a proposed 20-foot wide Type D Landscape Buffer (trees 25 feet on center and a 2-foot tall hedge) along Immokalee Road and 4th Street N.E. A 15-foot wide Type B Landscape Buffer (trees 25 feet on center and a 6-foot high hedge, fence or wall) is proposed along the Estates zoned properties There are two proposed deviations related to directory signs and street width. For further information, please see the Deviation Section of this Staff Report located on page 17. SURROUNDING LAND USE AND ZONING: North: Undeveloped land with a zoning designation of Estates (E) East: Immokalee Road, a six -lane arterial roadway and then developed and undeveloped single- family residential with a designation of Orange Tree PUD MPUD PUDR-PL20200000546, BCHD I CPUD March 3, 2021 Page 5 of 18 Packet Pg. 305 9.B.1 South: Undeveloped land with a zoning designation of Estates (E) which is the proposed Randall Curve MPUD which proposes a maximum of 400 residential dwelling units and 150,000 s.f. of commercial area. West: Undeveloped land and developed single-family residences with a zoning designation of Estates (E) AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed PUD Rezone and has found it consistent with the Future Land Use Element (FLUE) of the GMP subject to the adoption of the companion GMPA. MPUD PUDR-PL20200000546, BCHD I CPUD March 3, 2021 Page 6 of 18 Packet Pg. 306 9.B.1 Transportation Element: Transportation Planning staff has reviewed the petition and recommends the following: Policy 5.1 of the Transportation Element of the GMP states: "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five- year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links, the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and 00 submitted as part of the traffic impact statement that addresses the project's significant impacts on Ln all roadways. " N Staff finding: In evaluating the BCHD PUD, staff reviewed the applicant's Traffic Impact Statement M (TIS) dated January 29, 2021, for consistency using the applicable 2020 Annual Update and r Inventory Reports (AUIR). _ According to the PUD document and noted above, the applicant is requesting a maximum 200,000 square feet of retail shopping center and office uses. The TIS provided with the petition outlines two scenarios with a potential 200,000 square foot shopping center generating a higher number of trips. Staff has evaluated the TIS and found that the scenarios present an accurate trip generation calculation, reasonable trip distribution on the surrounding network, and reflects a reasonable development potential with the proposed PUD. The PUD document establishes the total trip cap commitment in Exhibit F, Developer Commitments, Transportation 3.a., with a maximum of 681 two-way, unadjusted, average weekday PM peak hour trips. According to the TIS, the project impacts the following County roadways: MPUD PUDR-PL20200000546, BCHD I CPUD March 3, 2021 Page 7 of 18 Packet Pg. 307 9.B.1 Existing Roadway Conditions: Roadway/ Link 2019 P.M. Peak 2019 AUIR Projected 2020 2020 Link # Location AUIR Hour Peak Remaining P.M. Peak AUIR AUIR LOS Direction Capacity Hour/Peak LOS Remaining Service Direction Capacity Volume/Peak Project Direction Traffic M Immokalee Collier D 3,300/East 362 49/EB E 95 Road Boulevard (2) 44.0 to Wilson Boulevard Immokalee Wilson D 3,300/East 476 164/EB D 525 Road Boulevard (2) 45.0 to Oil Well Road Immokalee Oil Well C 900/East 288 35/EB C 242 Road Road to 46.0 SR 29 Wilson South of B 900/South 549 49/NB B 550 Boulevard Immokalee 118.0 Road Golden Collier D 2,300/East 570 16/EB D 390 Gate Boulevard (2) Boulevard to Wilson 17.0 Boulevard Golden Wilson C 2,300/East 1,016 16/WB C 845 Gate Boulevard Boulevard to Wh St. 123.0 NE Randall Immokalee D 900/East 64 53/EB D 7 Boulevard Road to (3) 132.0 Everglades Boulevard Randall Everglades C 900/East 248 18/EB C 235 Boulevard Boulevard 133.0 to Desoto Boulevard Oil Well Immokalee C 2,000/East 808 89/EB C 633 Road Road to 119.0 Everglades Boulevard MPUD PUDR-PL20200000546, BCHD I CPUD March 3, 2021 N M M Page 8 of 18 Packet Pg. 308 9.B.1 Oil Well Everglades B 1,100/West 526 16/WB B 518 Road Boulevard 120.0 to Desoto Everglades South of C 800/North 339 16/NB C 324 Boulevard Oil Well 135.0 Road Everglades North of C 800/North 308 18/NB C 240 Boulevard Oil Well 136.0 Road Source for P.M. Peak Hour/Peak Direction Project Traffic is from January 29, 2021, Traffic Impact Statement provided by the petitioner. Z• Road segment with projected deficiencies based on growth or trip bank calculations. The trips generated by this development are not projected to exceed existing capacities Peak Hour/Peak Direction and meet GMP criteria. 3. This segment has a projected deficiency due to background conditions. There is also a scheduled road improvement from Immokalee to 81h Street as well as intersection improvements at Immokalee and Randall. Section 163.3180 of the Florida Statutes requires a local government to satisfy transportation N concurrency requirements if the applicant enters into a binding agreement to pay or construct their J proportionate share. The Statutes further state that any facility determined to be transportation a deficient with existing, committed, and vested trips, plus additional projected background trips from c any source other than the development project under review, and trips that are forecast by established traffic standards, including traffic modeling, consistent with the University of Florida's Bureau of a Economic and Business Research medium population projections, without the project traffic under review, the costs of correcting that deficiency shall be removed from the project's proportionate- 0 share calculation and the necessary transportation improvements to correct that deficiency shall be ^! considered to be in place for purposes of the proportionate -share calculation. The improvement 00 necessary to correct the transportation deficiency is the funding responsibility of the entity that has Ln maintenance responsibility for the facility. The development's proportionate share shall be calculated only for the needed transportation improvements that are greater than the identified N deficiency. In addition, per the Statute the applicant is eligible for a dollar for dollar credit for the M road impact fees anticipated for the development. r The applicant's TIS concurrency backup material indicates one roadway (Randall Boulevard) will be projected deficient due to background traffic -trips. As noted above road segments in this category (deficient due to background traffic) is the funding responsibility of the (in this case) Collier County. Further the impact fees collected by the project will compensate for the project impacts specifically for the fair share portion required consistent with State Statues. Staff also notes that Vanderbilt Beach Road is a scheduled road improvement as a parallel facility to Immokalee Road and part of network improvements that may impact Randall Boulevard. Policy 7.1 of the Transportation Element of the GMP states: "Collier County shall apply the standards and criteria of the Access Management Policy as adopted by Resolution and as may be amended to ensure the protection of the arterial and collector system 's capacity and integrity. " MPUD PUDR-PL20200000546, BCHD I CPUD March 3, 2021 Page 9 of 18 Packet Pg. 309 9.B.1 Staff finding: This development is proposing a single access on Immokalee Road aligning with the signal at Orange Tree Boulevard. Staff recommends approval of the proposed access point shown on the Master Plan for this petition. Policy 9.3 of the Transportation Element of the GMP states: "The County shall require, wherever feasible, the interconnection of local streets between developments to facilitate convenient movement throughout the road network. The LDC shall identify the circumstances and conditions that would require the interconnection of neighboring developments and shall also develop standards and criteria for the safe interconnection of such local streets. " Staff finding: The Land Development Code requires the applicant to create an interconnected street system designed to disperse and reduce the length of automobile trips (4.08.07.J.3.a.iii). The proposed BCHD Master Plan shows two interconnections. One is to the north to an undeveloped parcel and the other to the South to the proposed Randall Curve PUD. This interconnection network will remain open to the public and help reduce trips on the adjacent road network including but not limited to additional U-turn movements, distribution of trips, and intersection conflicts with the utilization of the existing signal. Conservation and Coastal Management (COME): Environmental Review staff has found this petition to be consistent with the Coastal and Conservation Element (CCME). The project site consists of 19.01± acres of native vegetation. A minimum of 2.85± acres (15%) of native vegetation shall be placed under preservation and dedicated to Collier County. GMP Conclusion: The proposed PUD Rezone may be deemed consistent with the FLUE of the GMP subject to the Conditions of Approval outlined in the Transportation Element above. STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Section 10.02.13 B.S., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the Collier County Planning Commission's (CCPC) recommendation. The CCPC uses these same criteria as the basis for their recommendation to the Board of Collier County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Rezone Findings and PUD Findings." In addition, staff offers the following analysis: Environmental Review: Environmental Review staff has reviewed this petition to address environmental concerns. The PUD preserve requirement is 2.85± acres (15% of 19.01 acres), which meets the minimum preservation requirement. No listed animal species were observed onsite; however, the property has suitable habitat for various listed species. The proposed project is located within the U.S. Fish and Wildlife Service (FWS) consultation area for Bonneted Bat (Eumops MPUD PUDR-PL20200000546, BCHD I CPUD March 3, 2021 N M M Page 10 of 18 Packet Pg. 310 9.B.1 floridanus). Several cavities were observed onsite; however, none of the cavities exhibited signs of use by bats. The subject property is located within the core foraging area of at least three Wood Stork (Mycteria americana) colonies. Consultation with FWS may be needed to mitigate for proposed impacts onsite. The Environmental Data indicates the subject property falls within FWS Secondary Florida Panther (Felis concolor coryi) habitat. There were no observations of panther onsite; however, consultation with FWS will be required to mitigate for impacts. Due to the upland and wetland habitats onsite, FWS assumes the potential for Eastern indigo snake (Drymarchon corais couperi) to be present onsite. The applicant will be required to adhere to the FWS Eastern Indigo Snake Protection Precautions as part of the permitting process. Florida Fish and Wildlife Conservation Commission (FWC) wildlife data indicate the presence of Black Bear (Ursus americanus floridanus) in the area. A black bear management plan will need to be included at PPL or SDP review. Additionally, butterfly orchid (Encyclia tampensis), stiff -leaved wild -pine (Tillandsia fasciculata), and inflated wild -pine (Tillandsia balbisiana), listed as Less Rare Plants, have been observed on the property and will be protected in accordance with LDC Section 3.04.03. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Code of Laws and Ordinances. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval. Utilities Review: The project lies within the regional potable water and north wastewater service areas of the Collier County Water -Sewer District. Water and wastewater services are readily available via existing infrastructure along the project's frontage on Immokalee Road. Sufficient water and wastewater treatment capacities are available. Zoning and Land Development Review: FLUE Policy 5.4 requires new land uses to be compatible N with, and complementary to, the surrounding land uses. In reviewin the appropriateness of the M requested uses and intensity on the subject site, the compatibility analysis included a review of the r subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and = densities, development standards (building eights, setbacks, landscape buffers, etc.). buildingmss, m building location and orientation, architectural features, amount and type of open space and location. c Staff believes that the proposed development will be compatible with and complementary to the surrounding land uses. Staff offers the following analysis of this project: The land to the north of the proposed 19.13± acre BCHD 1 CPUD is undeveloped Estates (E). The land across Immokalee Road and to the east is developed and undeveloped single-family homes. The landscape buffering for the land to the south, which is the proposed Randall Curve MPUD, will be determined at the time of SDP once the final land use at Randall Curve MPUD is determined. A 15- foot wide Type B Landscape Buffer will separate the single-family dwelling units in the Estates to the west from the proposed development. The portion of the site which protrudes into the Estates to the west is a proposed open space and water management area. The maximum zoned height of 45 feet and the actual height of 55 feet is taller than the surrounding Estates zoned height of 30 feet. However, the proposed buffering and setbacks should mitigate the height difference. MPUD PUDR-PL20200000546, BCHD I CPUD March 3, 2021 Page 11 of 18 Packet Pg. 311 9.B.1 A commitment has been made to minimize light pollution to the adjacent Estates neighbors. The parking lot lighting will be dark sky compliant. Staff is concerned about the commitment related to amplified sound. Throughout the review process, staff has requested that the weekend hours for outdoor amplified sound terminate at 9 p.m., consistent with the neighboring Orange Tree PUD across the street on Immokalee Road. The Agent had proposed 10 p.m. and the current and last submittal extends the termination hour to 12 a.m. (midnight). Therefore, to minimize noise pollution to the adjacent Estates neighbors, staff recommends the following Condition of Approval: 1. There shall be no outdoor amplified sound during weekend hours of 9 p.m. and 8 a.m. REZONE FINDINGS: Staff offers the following analysis: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning staff has indicated that the proposed PUD Rezone is consistent with all applicable elements of the FLUE of the GMP upon adoption of the companion GMPA. 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the cm zoning review analysis, the neighborhood's existing land use pattern can be characterized as mostly Ln developed and undeveloped residential. The property located to the east across Immokalee Road is designated for residential. The property to the south is a proposed MPUD. N M M 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. r The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP upon adoption of the companion GMPA. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3. 5. Whether changed or changing conditions make the passage of the proposed rezone necessary. The proposed change is not necessary, but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to develop the property with commercial land uses. MPUD PUDR-PL20200000546, BCHD I CPUD March 3, 2021 Page 12 of 18 Packet Pg. 312 9.B.1 6. W ether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed PUD Rezone, with the commitments made by the applicant, can be deemed consistent with the County's land -use policies upon adoption that are reflected by the Future Land Use Element (FLUE) of the GMP subject to the adoption of the companion GMPA. Development in compliance with the proposed PUD Rezone should not adversely impact living conditions in the area. 7. W ether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., the GMP is consistent at the time of rezoning pending the adoption of the companion GMPA. Operational impacts will be addressed at the time of the first development order (SDP or Plat). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. W ether the proposed change will create a drainage problem. The proposed PUD Rezone will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. W ether the proposed change will seriously reduce light and air to adjacent areas. It is anticipated that the proposed PUD Rezone will not reduce light and air to adjacent areas inside or outside the PUD. N M M 10. W ether the proposed change would adversely affect property values in the adjacent area. r This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market value. 11. W ether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The basic premise underlying all of the development standards in the LDC is that their sound application, when combined with the SDP approval process and PPL process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. W ether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. MPUD PUDR-PL20200000546, BCHD I CPUD March 3, 2021 Page 13 of 18 Packet Pg. 313 9.B.1 The development will compy with the GMP upon adoption of the companion GMPA, which is a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed Rezone does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the proposed uses cannot be achieved without rezoning the property. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed PUD Rezone is not out of scale with the needs of the neighborhood or County. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC, and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed N zoning classification. M Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or PPL processes, and as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF), and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the amendment process, and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD Document. The concurrency review for APF is determined at the time of SDP review. The activity proposed by this amendment will have no adverse impact on public utilities facility adequacy. MPUD PUDR-PL20200000546, BCHD I CPUD March 3, 2021 Page 14 of 18 Packet Pg. 314 9.B.1 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Section 10.02.13.B.5 states that "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The area is suitable for the proposed commercial development. The subject site is located north of the proposed 50 ± acre Randall Curve MPUD and on Immokalee Road, a major thoroughfare. The site also has direct access to Immokalee Road at the signalized intersection at Orange Tree Boulevard. Water transmission and wastewater transmission mains are readily available within the Immokalee Road right-of-way, and there is adequate water and wastewater treatment capacity to serve the proposed PUD. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, o or other instruments, or for Rezones in those proposed, particularly as they may relate to Ln arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. M M Documents submitted with the application provided satisfactory evidence of unified control of the property. Additionally, the development will be required to gain SDP approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff has found this petition consistent with the overall GMP upon adoption of the companion GMPA. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed landscaping and buffering standards are compatible with the adjacent uses. MPUD PUDR-PL20200000546, BCHD I CPUD March 3, 2021 Page 15 of 18 Packet Pg. 315 9.B.1 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. Collier County has sufficient treatment capacity for water and wastewater services to the project. Conveyance capacity must be confirmed at the time of development permit application. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including Collier County Water -Sewer District potable water and wastewater mains, to accommodate this project. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and N deviations proposed for this PUD depart from development standards that would be required for the M most similar conventional zoning district. The petitioner is seeking two deviations related to r directory signs and street width. _ Please, refer to the Deviation Discussion portion of the staff report below for a more extensive examination of the deviations. Deviation Discussion: The petitioner is seeking two deviations from the requirements of the LDC. The deviations are directly extracted from PUD Exhibit E. The petitioner's rationale, and staff analysis/recommendation are outlined below. Deviation #1 "Deviation #1 seeks relief from LDC Section 5.06.04.F.3, "Directory Signs," which permits Multiple -occupancy parcels or multiple parcels developed under a unified development plan, with a minimum of 8 independent units, and containing 20,000 square feet or more of leasable floor area shall be permitted 1 directory sign a maximum of 10 feet in height and a maximum of 100 square MPUD PUDR-PL20200000546, BCHD I CPUD March 3, 2021 Page 16 of 18 Packet Pg. 316 9.B.1 feet at one entrance on each public street, to instead allow a single directory sign where fewer than 8 independent units are developed under a unified plan. Petitioner's Justification: The petitioner states the following in support of the deviation: The project is under unified control and will have a single project entrance on Immokalee Road. The site will be bifurcated by an internal drive that will provide vehicular interconnection to the mixed -use project located immediately south of the project. the location of the interconnection creates a situation where all commercial uses will not have visibility from Immokalee Road. The site may have fewer than 8 independent tenants/user; however, it is necessary for the uses which will not have frontage on Immokalee Road in order to provide appropriate wayfinding for motorists/customers. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations." Deviation #2 "Deviation #2 seeks relief from LDC Section 6.06.01. "Street System Requirements" and "Appendix B, Typical Street Sections and Right -of -Way Design Standards." The LDC establishes a minimum 60-foot right-of-way width for local streets. This deviation proposes to instead allow for private roads within the site to be located in a 50-foot wide access easement or right-of-way." Petitioner's Justification: The petitioner states the following in support of the deviation: N The number of lanes and required lane width can be accommodated within the proposed SO foot M access easements or rights -of -way, and the reduction in the minimum required width will provide r for a more efficient and compact development project. _ Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM meeting on January 20, 2021, at Saint Monica's Episcopal Church located at 7070 Immokalee Road, Naples, Florida. Approximately four people were in attendance. For further information please see Attachment C-NIM Transcript. MPUD PUDR-PL20200000546, BCHD I CPUD March 3, 2021 Page 17 of 18 Packet Pg. 317 9.B.1 A concern was raised regarding the Estates residents' view of the shopping center from 4th Street N.E. Staff recommends the following Condition of Approval: 2. A 1 S foot wide Type B Landscape Buffer shall be provided in the area located between the shopping center development (shown as Tract C on the Master Plan) and the water management lake. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the Staff Report for this petition on March X, 2021. RECOMMENDATION: Planning and Zoning Review staff recommends that the CCPC forward Petition PUDR- PL20200000546, BCHD I CPUD to the BCC with a recommendation of approval subject to the adoption of the companion GMPA and the following Conditions of Approval: 1. There shall be no outdoor amplified sound during weekend hours of 9 p.m. and 8 a.m 3. A 1 S foot wide Type B Landscape Buffer shall be provided in the area located between the shopping center development (shown as Tract C on the Master Plan) and the water management lake. Attachments: Attachment A -Proposed PUD Ordinance Attachment B- NIM Transcript N Attachment C-Application MPUD PUDR-PL20200000546, BCHD I CPUD March 3, 2021 Page 18 of 18 Packet Pg. 318 9.B.2 ORDINANCE NO.2021- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES (E) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW UP TO 200,000 SQUARE FEET OF COMMERCIAL USES FOR A PROJECT TO BE KNOWN AS BCHD I CPUD ON PROPERTY LOCATED APPROXIMATELY ONE- HALF MILE NORTH OF RANDALL BOULEVARD ON THE WEST SIDE OF IMMOKALEE ROAD IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 19.13f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PL20200000546) WHEREAS, Noel Davies, Esquire of Davies Duke, PLLC and D. Wayne Arnold of Q. Grady Minor and Associates, P.A., representing BCHD Partners I, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Sections 21 and 22, Township 48 South, Range 27 East, Collier County, Florida is changed from an Estates (E) zoning district to a Commercial Planned Unit Development (CPUD) for a 19.13± acre parcel to be known as BCHD I CPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. [20-CPS-02010/1607788/1] 90 Page 1 of 2 BCHD I / PL20150000660 3/25/21 Packet Pg. 319 9.B.2 SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2021- becomes effective. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A — Permitted Uses Penny Taylor, Chairman Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E — Deviations Exhibit F — List of Developer Commitments (20-CPS-02010/1607788/1] 90 BCHD I / PL20150000660 3/25/21 Page 2 of 2 Packet Pg. 320 9.B.2 EXHIBIT A BCHD I CPUD PERMITTED USES A maximum of 200,000 square feet of gross commercial floor area shall be permitted within the CPUD. The uses are subject to the trip cap identified in Exhibit F, Section 3.a of this PUD. COMMERCIAL: A. Principal Uses: 1. All permitted and conditional uses in the C-1 through C-3 Zoning Districts of the Collier County Land Development Code (LDC), Ordinance 04-41, as amended), except those uses identified as prohibited in item C. below. 2. Carwashes (7542) 3. Medical and dental laboratories (8071 and 8072) 4. Motor freight transportation and warehousing (4225, air-conditioned mini -and self storage warehousing only) 5. Nursing and professional care facilities (8051, 8052, 8059) 6. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. B. Accessory Uses: 1. Uses and structures that are accessory and incidental to the permitted uses within this CPUD document. 2. Water management facilities to serve the project such as lakes. 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. 4. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of Q this CPUD as determined by the BZA or the Hearing Examiner. PL20200000546, BCHD I CPUD Exh A-F DRAFT45. docx March 25, 2021 Page 1 of 10 Packet Pg. 321 9.B.2 C. Prohibited Uses and Structures: 1. Any use that would be subject to regulation under Ordinance No. 91-83 and any amendment or successor ordinances thereto regulating sexually oriented businesses. 2. 7361— Employment Agencies, only labor contractors 3. 7363 — Help Supply Services, only: Labor pools; Manpower pools 4. Homeless shelter, as defined by the LDC. 5. Soup kitchens, as defined by the LDC. 6. 8063 — Psychiatric Hospitals. For the avoidance of any doubt, psychiatric hospitals, including drug/alcohol rehabilitation facilities shall be prohibited. 7. 8069 — Specialty Hospitals, Except Psychiatric, only: alcoholism rehabilitation hospitals; drug addiction rehabilitation hospitals; rehabilitation hospitals drug addiction and alcoholism; tuberculosis and other respiratory illness hospitals. 8. 8322 — Individual and Family Social Services, only: alcoholism counseling, nonresidential; crisis center; crisis intervention centers; hotlines; offender rehabilitation agencies; offender self-help agencies; outreach programs; parole offices; probation offices; public welfare centers; referral services for personal and social problems; refugee services; self-help organizations for alcoholic and gamblers; settlement houses. PRESERVE: A. Allowable Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation for environmental permitting, as per LDC requirements. 3. Passive Recreation areas, as per LDC requirements. 4. Water management and water management structures, as per LDC requirements PL20200000546, BCHD I CPUD Exh A-F DRAFT45. doex March 25, 2021 Page 2 of 10 Packet Pg. 322 9.B.2 EXHIBIT B BCHD I CPUD DEVELOPMENT STANDARDS The tables below set forth the development standards for land uses within the BCHD I CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS (External) From Immokalee Road ROW 25 ft. SIPS From Northern Project Boundary 30 ft. SPS From Western Project Boundary* 50 ft. 25 ft From Southern Project Boundary 25 ft. **** 25 ft. **** MINIMUM YARDS (Internal) Internal Drives/ROW 10 ft. 10 ft Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes (measured from control elevation) 25 ft. 20 ft.** Preserve 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES 1/2 the sum of building heights 10 Ft. MAXIMUM HEIGHT*** ZONED ACTUAL ZONED ACTUAL 45 ft. 55 ft. 35 ft. 45 ft. MINIMUM FLOOR AREA (ground floor) 1,000 sq. ft. *** N/A MAXIMUM GROSS COMMERCIAL AREA 200,000 sq. ft. * Setback from 41" Street N.E. shall be 200 feet for any principal use and 200 feet for any accessory use. ** No structure may be located closer than 20 feet to the control elevation of a lake (allowing for the required minimum 20-foot wide lake maintenance easement). *** Per principal structure. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. **** May be reduced to zero feet if developed as a unified plan with the adjacent property to the south. PL20200000546, BCHD I CPUD Exh A-FDRAFT-r5.docx March 25, 2021 Palo 3 of to Packet Pg. 323 4HD8 `9VSOOOOOZOZ-ld- uol4I;ad 6uluoZ : Z8£S6) 6ZSZ£0 - eoueulpip posodoad-V 4u8wLi3e;;d :;uauayoe�4,W C N o N m O z co NC) �aN NX zM vw II •o "zb 13�aN e - w W i Z co N O a vU J W LUa r N z�a m 2CDrS �Ja wWLL uJ Wao) Q W c' _ Q00 LL`�' � wC,0 W 'Y W �co0 0)0 Jc')O Z LL0� LL00� < m0 m0 O q o Z \ N �• 'v 07 0 W 0 IMMOKALEE ROAD > Lj cn w > - _ w z' ww asLo r V �� I N � }U ~cn o w w w I w o af ❑ z w �� o ❑_ Z W § a yaw 1 ❑CD p ❑ N CO (n J, v m y N m - w a y� -i w ------ N F O ❑ a v o Z) H W w --= ¢` m = z W � c q w W (..) ���� �� �� H '- m m > F-�sN, 'LLJ,' �_w 0 I U 0 am v W Q 0ai< ❑piaW QH ❑ W W 16 W a-W z U° z 0 LL w Z U) U w W Q W W ��3U)�1JWJ, Lw O Q m W W ❑ z w11 w jz��� � `°� �� a0 w ❑ WZ W LL aw I m §F D- J o03 0 \'� \\\\ \\ �aQLL wz w o �g 1 \\I�4ANA\C�ET\\\\\ \ m ' I a < \ rn w w © 2: ❑ w 1 \\\ 1 a a w vo a z LL ILLi CD U m d m \z \ m a 0 z ❑_ z w U �LL LL 1 \ 10- �� 0 yaw w wa \ a �� m �mm F- W 1 LU \�\ I Q F W W j ww j coW W CO�\ O d w 1\ \ Q Nza 80' O �zw — 4TH STREET N.E. W W p W C U � ® U 1 9.13.2 1 SITE SUMMARY TOTAL SITE AREA: 19.13± ACRE COMMERCIAL (C) 12.51± AC (65%) 4TH STREET N.E. ROW 0.12±AC (1%) PRESERVE (P) 2.85± AC (15%) WATER MANAGEMENT 2.3± AC (12%) LANDSCAPE BUFFERS 1.35± AC (7%) COMMERCIAL: MAXIMUM 200,000 S.F. OPEN SPACE: REQUIRED: 30% PROVIDED: 30% PRFSFR\/F- REQUIRED: 2.85± ACRES (19.01 ACRES NATIVE VEGETATION X 15%) PROVIDED: 2.85± ACRES DEVIATIONS (SEE EXHIBIT E 1❑. RELIEF FROM LDC SECTION 5.06.04.F.3., "DIRECTORY SIGNS" 2❑ RELIEF FROM LDC SECTION 6.06.01. - "STREET SYSTEM REQUIREMENTS" AND "APPENDIX B, TYPICAL STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS" NC)TFS 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND 4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07. IN ORDER TO MEET THE LDC REQUIREMENTS FOR A TYPE 'B' BUFFER A 6 FOOT WIDE LANDSCAPE BUFFER RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN. IN THE EVENT THAT THE PRESERVE DOES NOT MEET BUFFER REQUIREMENTS AFTER REMOVAL OF EXOTICS AND SUPPLEMENTAL PLANTING WITHIN THE PRESERVE, PLANTINGS WILL BE PROVIDED IN THE 6' WIDE RESERVATION TO MEET THE BUFFER REQUIREMENTS. THE TYPE, SIZE, AND NUMBER OF SUCH PLANTINGS, IF NECESSARY, WILL BE DETERMINED AT TIME OF INITIAL SDP OR PLAT AND INCLUDED ON THE LANDSCAPE PLANS FOR THE SDP OR PLAT. © BCHD I CPZ D -` Il I�i,i cl� lli niir ;:illl ��i,µ9alC�. I'.1. .IOH CODE: GradyMinor 0)ViaDel Rv Ilan-I:i 1prillgs, FlorlJa 51131 EXHIBIT C nATHaa Civil Engineers Land Surveyors Planners Landscape Architects MASTER PLAN NOTES F1LE'x,H,° C,,L.of Aulh. N1130606161 C,,L.of A,Lh. 130006161 Busm—LC 26000266 REVISED 12/16/2020 - - 8onitaStrmgs: 239.947A 144 m a iv. L'radyMinnr. enw Fort Myers: 239.690.4380 Packet Pg. 325 9.B.2 EXHIBIT D BCHD I CPUD LEGAL DESCRIPTION PARCEL 1: THE NORTH 180 FEET OF TRACT NO. 116, GOLDEN GATE ESTATES, UNIT NO. 22, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 83-84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2: TRACT 118, GOLDEN GATE ESTATES, UNIT NO. 22, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 83-84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THAT PORTION TAKEN FOR ROAD RIGHT OF WAY PURSUANT TO ORDER OF TAKING RECORDED IN O.R. BOOK 3111, PAGE 500, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF TRACT 118, GOLDEN GATE ESTATES, UNIT NO. 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID TRACT 118; THENCE SOUTH 01°30'15" EAST, FOR A DISTANCE OF 172.46 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS SOUTH 88°32'50" WEST, A DISTANCE OF 2,814.93 FEET THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2,814.93 FEET, THROUGH A CENTRAL ANGLE OF 03°12'32", SUBTENDED BY A CHORD OF 157.83 FEET AT A BEARING OF SOUTH 00-09,06" WEST, FOR AN ARC LENGTH OF 157.65 FEET TO THE END OF SAID CURVE, AND THE SOUTHEASTERLY CORNER OF SAID TRACT 118; THENCE NORTH 89°40'50" WEST, ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT 118, FOR A DISTANCE OF 50.10 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS NORTH 87°51'02" WEST, A DISTANCE OF 2,769.79 FEET THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2,769.79 FEET, THROUGH A CENTRAL ANGLE OF 03°38'39", SUBTENDED BY A CHORD OF 176.14 FEET AT A BEARING OF NORTH 00°19'38" EAST, FOR AN ARC LENGTH OF 176.17 FEET TO THE END OF SAID CURVE; THENCE NORTH 01°30'15" WEST, FOR A DISTANCE OF 153.94 FEET; THENCE SOUTH 89°40'50" EAST, ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 118, FOR A DISTANCE OF 49.00 FEET, TO THE POINT OF BEGINNING. PARCEL 3: ALL OF TRACT 119, GOLDEN GATE ESTATES, UNIT NO. 22, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 83-84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THE EASTERLY 49.00 FEET TAKEN FOR ROAD RIGHT OF WAY PURSUANT TO ORDER OF TAKING RECORDED IN O.R. BOOK 3111, PAGE 500, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 4: ALL OF TRACT 120, GOLDEN GATE ESTATES UNIT NO. 22, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THE EASTERLY 49.00 FEET AS DESCRIBED IN THAT CERTAIN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 3111, PAGE 485 AND STIPULATED FINAL JUDGMENT RECORDED IN OFFICIAL RECORDS BOOK 3431, PAGE 993. 19.13 ACRES MORE OR LESS (AS MEASURED) 0 a U PL20200000546, BCHD I CPUD Exh A-FDRAFT-r5.docx March 25, 2021 Palo 6 of l0 Packet Pg. 326 9.B.2 EXHIBIT E BCHD I CPUD DEVIATIONS FROM THE LDC DEVIATION 1: Relief from LDC Section 5.06.04.F.3., "Directory Signs", which permits Multiple - occupancy parcels or multiple parcels developed under a unified development plan , with a minimum of 8 independent units, and containing 20,000 square feet or more of leasable floor area shall be permitted 1 directory sign a maximum of 10 feet in height and a maximum of 100 square feet at one entrance on each public street, to instead allow a single directory sign where fewer than 8 independent units are developed under a unified plan. DEVIATION 2: Relief from LDC Section 6.06.01. — "Street System Requirements" and "Appendix B, Typical Street Sections and Right -of -Way Design Standards". The LDC establishes a minimum 60-foot right of way width for local streets. This deviation proposes to instead allow for private roads within the site to be located in a 50-foot wide access easement or Right -of -Way. PL20200000546, BCHD I CPUD Exh A-F DRAFT45. doex March 25, 2021 Page 7 of 10 Packet Pg. 327 9.B.2 2 EXHIBIT F BCHD I CPUD DEVELOPMENT COMMITMENTS PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is BCHD I Partners, LLC, 2600 Golden Gate Parkway, Naples, FL 34105. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. MISCELLANEOUS a. All other applicable state or federal permits must be obtained before commencement of the development. b. Pursuant to Section 125.022(5) F.S., Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. c. Parking lot lighting shall be dark sky compliant (flat panel, full cut off fixtures — backlight, uplight and glare (BUG) rating where U = 0) to avoid light spill onto adjacent properties. Fixtures within 50-ft of residential properties along the PUD boundary shall be set at no higher than a 15-ft mounting height. Otherwise the site light poles shall not exceed a 25-ft mounting height. Light levels along the PUD boundary shall be limited to no more than 0.2-ft-candles along the joint property line where adjacent to residential property (i.e. not applicable to Immokalee Rd). 0 a U PL20200000546, BCHD I CPUD Exh A-FDRAFT-r5.docx March 25, 2021 Page 8 of10 Packet Pg. 328 9.B.2 3 0 5 d. All buildings shall be of similar architectural design and have similar design elements. TRANSPORTATION a. The total daily trip generation for the PUD shall not exceed 681 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. b. Vehicular and Pedestrian interconnection will be provided to the south to allow access to all connection points with Immokalee Road, consistent with the conceptual PUD Master Plan, Exhibit C. The final location of the access point will be coordinated with the adjacent property owner and a cross -access easement will be provided at time of the first Site Development Plan or Plat. The connection and supporting infrastructure will be constructed to the property line by the developer or successors or assigns prior to the first Certificate of Occupancy. c. Vehicular interconnection will be provided to the north consistent with the conceptual PUD Master Plan, Exhibit C. The final location of the access point will be coordinated with the adjacent property owner and a cross -access easement will be provided at time of Site Development Plan for the commercial outparcel(s) north of the signalized entry road. The connection and supporting infrastructure will be constructed to the property line by the developer or successors or assigns at the time the outparcel(s) is developed and completed prior to Certificate of Occupancy. d. Sidewalks connecting to the Immokalee Road ROW shall be provided on both the north and south sides of the entrance road/drive. ENVIRONMENTAL a. The CPUD shall be required to preserve 15% of native vegetation. 19.01± acres of native vegetation exists on -site requiring a minimum preservation of 2.85± acres (19.01 x .15 = 2.85). A minimum of 2.85± acres of native vegetation shall be retained on -site. b. A management plan for Florida Black Bear shall be submitted for review and approval at time of final plat or SDP for the project, whichever is applicable. LANDSCAPING Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC Section 3.05.07. In order to meet the LDC requirements for a Type'B' buffer a 6 foot wide landscape buffer reservation has been identified on the Master Plan. In the event that the preserve does not meet buffer requirements after removal of exotics and PL20200000546, BCHD I CPUD Exh A-F DRAFT-r5. docx March 25, 2021 Page 9 of 10 Packet Pg. 329 9.B.2 supplemental planning within the preserve, plantings will be provided in the 6 foot wide reservation to meet the buffer requirements. The type, size, and number of such plantings, if necessary, will be determined at time of initial SDP or Plat and included on the landscape plans for the SDP or Plat. SPECIAL CONDITIONS a. No adult orientated sales are permitted. b. Outdoor amplified sound shall be limited to areas labeled C on the Master Plan adjacent to Immokalee Road and at least 500 feet from adjacent western residential parcels. There will be no outdoor amplified sound between the hours of 9 p.m. and 8 a.m. weekdays and 12 a.m. and 8 a.m. on weekends. c. There will be no outdoor dining adjacent to residential properties. d. Delivery bays shall not abut external residential development. e. All pole lighting shall be limited to flat full cutoff shields. f. All buildings shall be designed with unifying architectural design elements. g. No commercial structures will be constructed on the westerly portion of the PUD (a.k.a. north 180 feet of Tract 116, Golden Gate Estates Unit 22 subdivision), which is the single western parcel immediately abutting 4th St. NE. this area will be used for native preservation, stormwater management or buffer areas only. h. Owner will install chain link fencing around the lake as required by the LDC or Code of Laws and Ordinances at time of Site Development Plan approval. PL20200000546, BCHD I CPUD Exh A-F DRAFT45. docx March 25, 2021 Page 10 of 10 Packet Pg. 330 9.B.3 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript Noel Davies: Good evening, everyone. Thank you for being here this evening. My name is Noel Davies. I am the land use attorney for the subject project that we're for this evening. This is a neighborhood information meeting. We refer to it as a NIM. This is a public information process, that under the county regulations is part of the requirement for the types of development applications that you're going to be hearing about this evening. The time is 5:33. It's January 20, Wednesday, 2021. you have in attendance Wayne Arnold from Grady Minor, who is the professional planner on the project. Sharon Umpenhour with Grady Minor is also here. BCHD Partners One, LLC, which is an affiliate entity of Barron Collier Companies, is the applicant for the subject projects. And Austin Howell is here as the representative from Barron Collier Companies. Nancy Gundlach is also — hi, Nancy — from the county and is available to answer any of your questions as well, as am I and the whole team. and Anita Jenkins is attending from the county as well via Zoom. So, this meeting is being — is being projected onto Zoom and all COVID guidelines are being — being followed. I have removed my mask with your all's consent and am standing very far away from you so I can talk into this microphone as well. So, for the record, we are here this evening for Petition PL20200000546, which is BCHD I CPUD — I'll get to the meaning of PUD shortly — and Petition PL20160000221, the Immokalee Road Estates commercial subdistrict, which is the GMPA application — growth management plan amendment application. I'm happy to take specific questions about that as well. The other members of our team are also available in the event that you have any specific questions relating to their respective areas of expertise. They are not here today, but, happy to provide their contact information to you all and let them answer some of your specific questions. That includes Norm Trebilcock, who is our traffic engineer, from Trebilcock Consulting Solutions, Bruce Layman, our ecologist from Peninsula Engineering, as well as Russ Weyer, an economist with Real Estate Econometrics. So, I'm showing you now on the screen the location map of the subject property. You'll see, the assemblage, four different parcels. We are located on the western side of Immokalee Road as Immokalee turns just north of the curve to the north at Randall Boulevard. and — Page 1 of 14 Packet Pg. 331 9.B.3 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript Sharon Umpenhour: It has a pointer. Noel Davies: Yes. So, with the pointer — Sharon Umpenhour: I don't think it'll work on the TV. Noel Davies: It doesn't really show on the screen. Wayne Arnold: Um, well, if I may [grabs pointer] — Noel Davies: Oh, wonderful. [Crosstalk] Noel Davies: Thank you, sir. This is Immokalee Road going east. That's Randall Boulevard here that I'm pointing to. and then the road curves to the north as you all are — all probably familiar with. Right about 4th Street Northeast. As you continue north there is a residential development to your east, which is the Orange Tree residential neighborhood, and at that signalized intersection, the subject property is directly to the west, across the street from there. And there are three — excuse me, four parcels, which will be assembled together by my client. and those parcels IDs are there. If you have specific questions for me or any of the members of our team with respect to the parcel IDs or location, please let us know. So, the next slide details the current zoning of the property, which is E — Estates. The proposed zoning of the property, which is the subject of our PUD application, CPUD, which stands for commercial planned unit development, which is a zoning category — a site plan zoning category. And we are seeking to amend the zoning to amend the current estates zoning to this newly created planned unit development. There is also a future land use category, which the existing future land use category went into the county's comprehensive growth management plan, is the estates designation, mixed use district, residential subdistrict. I know that's a mouthful. If you have questions about the specifics of that, please let me know. And as part of our accompanying GMPA application, which we did have our hearings for with respect to the transmittal portion of that, and it has been transmitted to the state — the proposed future land use is estates designation, mixed use district, Immokalee Road Estates commercial subdistrict, which is the proposed subdistrict Page 2 of 14 Packet Pg. 332 9.B.3 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript being created as part of this development application process. the total acreage of those four parcels in the assemblage that I mentioned is 19.13 acres. So, the growth management, and planned unit development application — and I'm going to refer to these as the GMPA application and the PUD application — these are simultaneous, contemporaneous applications. One deals with the land use category. The other deals with the zoning. And they often move through the process with the county, together, but there are different parts for each. And Nancy or Anita, I'm hoping, can also answer additional questions with respect to the county process on that. Growth management — growth management planning amendment to create a new subdistrict — this is what we're proposing — to allow commercial land uses. As I mentioned, transmittal hearings, which were held at, on September 17th in front of the Collier County Planning Commission and October 27, 2020 for the Board of County Commissioners, at those hearings, we did receive unanimous approval to transmit the subject application, that GMPA application, to the state. that comes back down from the state and adoption hearings are scheduled for both the GMPA application as well as the PUD rezone. This neighborhood information meeting is part of that adoption or pre -adoption hearing process. The rezone application is from the Estate's zoned district to CPUD, as I mentioned, and the specifics of that, which would allow the total of two hundred — excuse me, 200,000 square feet of gross commercial floor area, to include the following: all permitted and conditional uses in the C I through C3 zoning districts of the Collier County Land Development Code, as well as car washes, medical and dental laboratories, motor freight transportation and warehousing, which is an indoor, air-conditioned, self -storage use, as well as nursing and professional care facilities. This is the proposed subdistrict language which memorializes what I just walked through. And if there are some questions on this, please don't hesitate to ask. These are the proposed CPUD permitted uses. I just walked through these. You can see them in a little larger front there. Again, any questions, let us know. And these are specific uses that our client has agreed to prohibit. For the purpose of clarification and in the abundance of — of caution involved in this, these following uses are prohibited: employment agencies, health supply services, labor pools, manpower pools, homeless shelter, soup kitchen, psychiatric hospital, specialty Page 3 of 14 Packet Pg. 333 9.B.3 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript hospitals, individual and family social services. And there are a number of details with respect to that. Again, if you have questions on that, please let us know. This is all part of our development application file with the county. These are specific uses that we've carved out to prohibit. And this is the proposed master plan. if you have specific questions on this, I'm happy to answer them. And Wayne Arnold, again with Grady Minor, is here to, answer your questions. Can we [inaudible] [00:08:50]? Wayne Arnold: So, you'll recall that we had a four -parcel assemblage. Three of the parcels abut Immokalee Road, and then we have what we call the finger parcel, which is what's indicated here, water management. and that parcel, abuts just slightly — it shows that this is approximately 180 feet on 4th Street Northeast. and to be clear, that particular parcel is going to be reserved for water management purposes, open space, buffering. There's not going to be physical construction of structures on that parcel. And that's — that's something that, my client has agreed to, as part of this process. You can see the access here at Orange Tree Boulevard. There's, a natural preserve to the north portion of the property, and then other buffers, and details with respect to the site development regulations, which are in accordance with the PUD regulations in the county codes and have been reviewed by county staff. Noel Davies: Thank you, Wayne. So, one other item on this is the interconnections with property to the north and property to the south. and you'll note on this site plan that there is an indication for vehicular and pedestrian interconnection. That's at the south boundary line of the subject property to our neighbor to the south, so there will be interconnection there, as well as a note for vehicular -pedestrian interconnection at the north end of our property, where — where there will be an interconnection with our neighbor to the north. Anything else on the site map? Yes, sir. If I may, I'm just close to finishing the PowerPoint and then take questions. Okay. So, this is a list of the proposed development standards for the PUD application. I'm happy to walk through any of these, with you all. Proposed deviations. We're requesting relief from Section 5.06.04(f)(3), directory signs. We're also requesting, in deviation two, relief from LDC Section 6.06.01, street system requirements, and Appendix B, typical street sections and right of way design Page 4 of 14 Packet Pg. 334 9.B.3 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript standards. These are our deviations, and any questions related to those I'll direct specifically to Mr. Arnold. In conclusion — and I do want to get to your questions — documents and information can be found online, gradyminor.com — Wayne's company — slash planning. And I believe that there are business cards, for Ms. Umpenhour at the front. So, any additional questions can be directed towards Sharon and our team will get you an answer. also, on Collier County Growth Management Public Portal. The website for that is there. Next steps. So, hearing signs will be posted on the property advertising the Planning Commission and Board of County Commissioners hearing dates. Those are to be determined. This is one step in moving forward through that process. So, those hearing signs will be posted on the subject property. And again, contact information for Sharon as well as for Nancy and Corby, who is not here today. But Anita Jenkins from the county is also on Zoom and her contact information is available on the county website. And I'm sure Nancy, or one of us will get back to you as well. So, with that, thank you all again for coming and I will open it to questions. Yes, sir? Jerry Moon: On the car wash — Noel Davies: And, sir, if I may, if you could just — just because we're recording this — if you could state your name for the record and your address. Jerry Moon: My name is Jerry Moon, and my address is 2950 4th Street Northeast. Noel Davies: Yes, sir. Jerry Moon: The car wash. How are you guys going to be, plan on getting water there? Does the county, run water lines out there? [Crosstalk] Wayne Arnold: Yeah, sure. This is Wayne Arnold. And there is water and sewer service availability in Immokalee Road that we'll be tapping into for this project. The county operates and took over the Orange Tree utility and they're going to be expanding that operation and increase capacity for us for both water and sewer here. Jerry Moon: What about the runoff from the car wash? I mean, I just put in a Page 5 of 14 Packet Pg. 335 9.B.3 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript brand new well two years ago and you guys are going to be almost neighbors. The runoff from the car wash. Wayne Arnold: Yeah. The water for most of these new car washes — and Austin may have more information on this — but it does require recycle — recycling of their water. It'll also then get treated and discharged into our sewage system, so it's not like we just discharge it offsite. The water is treated and collected as far as the sewer system. Jerry Moon: Okay. Noel Davies: Thank you, Wayne. Other questions? Yes, sir. John Pelletier: Yeah. John Pelletier. I live at 2961 4th Street Northeast, right across —just across there. Noel Davies: Yes, sir. John Pelletier: So, the thing that caught my eye was the — in the letter — was, motor freight transportation. Noel Davies: Yes. John Pelletier: Can you elaborate on what that is? Noel Davies: Yes, sir. That's the County's term for self -storage facilities that you've seen around town. So it's an indoor, air-conditioned, self - storage facility. Wayne, would you like to add to that? Wayne Arnold: You've probably seen Cube Smart, or lockup storage? John Pelletier: Yeah. Wayne Arnold: Those are the types of uses — John Pelletier: That description is — didn't seem like it would match, storage units. motor freight transportation, it just — Wayne Arnold: That's — that's why — John Pelletier: To me, it sounds like tractor trailers. Wayne Arnold: Well, just to elaborate, the County requires us to put everything we can in. So, it's called the Standard Industrial Classification Manual that the federal government publishes. Page 6 of 14 Packet Pg. 336 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript 9.B.3 John Pelletier: Okay. Wayne Arnold: So, that's the category that self -storage is under. And we further restricted us to having air-conditioned indoor self -storage, so it doesn't allow for the outdoor storage lot or just general warehouse - type storage. It has to be an indoor self -storage facility. John Pelletier: Okay. And, C 1 to C3 is what the proposal was? Noel Davies: Yes. John Pelletier: Oh, yeah, C1 to C3. it — was I wrong? Was C4 on the letter? Or is there a C4? Austin Howell: There is a C — this is Austin Howell with Barron Collier. There's a C4 and C5 zoning. John Pelletier: Okay. Austin Howell: We had selected additional uses from C4. We didn't want all of the C — we didn't want all of the C4 uses. It felt — it was a little much. So, we had specifics that we selected from that list after identifying information. Wayne Arnold: And this is Wayne Arnold again, I would just add that when we started this process, and some of you may have come to the transmittal neighborhood information meeting, we asked for C 1 through C4. And as we went through the process between staff and planning commission, they asked us to limit the C4 uses further. So, we left this with what? Four — four C4-type uses. The rest of them are C 1 through C3 uses, which you find commonly in your neighborhood centers throughout Golden Gate Estates. John Pelletier: Okay. And the C4 uses aren't specified there? Noel Davies: Those — those are the C4 uses, sir. It says C 1 through C3, and then the original request was for all C4 uses, and that's been pared down to just those specific four uses there from the C4 category. John Pelletier: Okay. Noel Davies: So, no other uses in the C4 category are are permitted. John Pelletier: Aren't permitted. Okay. Noel Davies: Okay? Page 7 of 14 Packet Pg. 337 9.B.3 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript John Pelletier: Well, just for the record, the motor freight transportation is — I know — to me, that sounds like we're back to a bus depot again. Noel Davies: Yeah. And so — no, I — John Pelletier: That — that wording right there is awful. Noel Davies: If I can make one other point of clarification, and this is sort of an idiosyncrasy in the way that the Collier County Land Development Code has — has developed, but motor freight transportation and warehousing is broader than self -storage. In the parenthetical which Wayne was referencing, that SIC code, which is a planning terminology for use codes, we're limiting ourselves specifically — and this is based on, you know, the county definition of these terms — to 4225, which is the SIC code for air- conditioned mini and self -storage warehousing only. So, that is what the limitation is. Anything beyond self -storage or air-conditioned self -storage is not permitted and is not being proposed. John Pelletier: Okay. Well, again, for the record, I don't want that. But it's up, you know, to other people to decide that. The other stuff is fine with me. The other question I had — unless did you want to? The little, finger parcel. Noel Davies: Yes. John Pelletier: We were talking about that. does that really need to be changed to commercial to put water on it? Noel Davies: It does. John Pelletier: Does it? Noel Davies: So, it's all — it goes through the process as part of that assemblage. That's why I explained that piece of it. At that point, it all goes as a — as a group of parcels together. That's — that's part of the development application process. John Pelletier: Throwing water from a commercial property to a residential property wouldn't be feasible. Is — that's what I was getting at. You can't not change that piece because that's where all the water's going and it's part of the project. Was that always the intent to put that water on that property? Page 8 of 14 Packet Pg. 338 9.B.3 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript Wayne Arnold: It has been since the inception of this property. Yes. It's gonna serve multiple purposes, as Noel said. It's going to serve offering general open space and water management — Wayne Arnold: Water treatment. Austin Howell: Yeah. Lindzy Frost: Water treatment? Wayne Arnold: The treatment of — our service water has to be treated before it can be discharged anywhere off the site. Yes, ma'am. Phyllis Litka: Phyllis Litka, 2940 2nd Street Northeast. So, where that — is that going to be a lake? Or is that going to — I forget how they — they word that. Noel Davies: Do you know that? Austin Howell: No. Wayne Arnold: I don't know if we know for sure whether that's going to be a lake or a dry retention system yet. Phyllis Litka: Oh, that's what — yeah. Okay. Wayne Arnold: And so the water management is the general term for whether it's a lake or dry retention. Some projects have both. that parcel is about 180-feet wide, so it's wide enough to have a lake. We just don't know if we're going to be digging it as a lake yet or designing it as a dry retention system. Phyllis Litka: Which would be, like, going east on Immokalee, right before Wilson, that big, huge parcel? Wayne Arnold: Mm-hmm. Phyllis Litka: Is — is that what it would like if it — Wayne Arnold: Yes. Yes. And right now — right at the corner of 4th Street and Immokalee Road, the county has a large dry retention system and it functions to take in stormwater during heavy rain events. It filters into the ground where it ultimately discharges over a structure. But it's the same concept. And like I said, I don't think we know quite yet if it's gonna be designed to be dry or wet. Page 9 of 14 Packet Pg. 339 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript 9.B.3 Phyllis Litka: Okay. Noel Davies: Other questions? Good questions. Yes, ma'am. Lindzy Frost: Lindzy Frost, 2950 4th Street. what are you — how is the noise level gonna be? You're gonna be cutting down all these trees and Immokalee Road is always already noisy. So, it's gonna make for a neighborhood with a lot more noise and with less trees. Noel Davies: You want to speak on that? Wayne Arnold: I can. Sure. This is Wayne again. The — I think we've asked for several uses, and Nancy, you can chime in, but certain uses the county is going to ask us to limit hours that operate. Any type of outdoor music to be played for any use, whether it's, you know, a restaurant that wants to have piped in outdoor music or something, they're going to probably ask us to limit those hours. They're probably gonna ask us to orient certain uses away from 4th Street and toward Immokalee Road. They'll have — some of our uses may have hours of restriction on them so that they're not open late into the night. We'll have lighting standards to make sure there's no light pollution into your neighborhood. So, those are pretty common things that we deal with on all of these projects. the noise is something that — whether it's going to be for single-family houses that clear the lot or it's gonna be a commercial operation, I mean, the trees are largely gonna be gone. But you can notice from that exhibit, there is a large portion of the site that's going to be a preserve on the north portion of the site. And that's a function of required native vegetation that we have, so we do have to retain some native and, obviously, we're gonna have buffers and — and newly planted vegetation as well. John Pelletier: John Pelletier again. Noel Davies: Yes, sir. John Pelletier: The buffer on the 4th Street Northeast, is that 40-foot or a 20-foot buffer? Noel Davies: Yeah. so, there's a 20-foot buffer indicated on the proposed master plan. That is 180-feet wide and, approximately how — how wide is that parcel length. The point of that piece is for all that to — to serve as some sort of buffering, open space purpose. Austin Howell: Yeah. Page 10 of 14 Packet Pg. 340 9.B.3 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript Noel Davies: There's not going to be, as I mentioned, physical construction of structures on that — on that parcel. John Pelletier: Yeah, yeah, yeah. I understand. and is there any native vegetation that's gonna stay there? Noel Davies: So the preservation and the native vegetation is going to be in the — I can't — I'm trying to point to it before. There's an area there marked v "preserve" on the — on the north side. John Pelletier: Oh, yeah, no. I was talking about that strip that — that comes — the finger strip off of — Austin Howell: That — that would be cleared for that either open space or — or water management. John Pelletier: Type D. What is that? Is that a berm — Wayne Arnold: Technically, a buffer. It's the standard buffer that's required to be constructed along the right of way. So, it's probably going to be trees in that location. The county has a requirement — the reason that it's not called out as preserve, even if we retain some of the native vegetation, all preserve areas on a PUD have to be contiguous on site where you have that vegetation and the county and the ecologists have looked at that and determined that that's the best place for our preserve because there's presence of some wetland communities in that part of the site. So, that's why it's showing as preserve. John Pelletier: Okay. And — okay. So, yeah. And it's just — I'm just getting back to that buffer right on 4th Street, the tip of that water management. is that going to be planted — 10-foot or 15-foot plants? Or what — what are they — what's this Type D? Do they have to go in at a certain height? Noel Davies: Are you referring, sir, to the Type D buffer there that — John Pelletier: Yeah. Noel Davies: — that Mr. Arnold was — was referencing? John Pelletier: On the finger, right at — right at the — where it crosses or hits 4th Street Northeast. It's a little rectangle. Wayne Arnold: So, Nancy's got an answer for you. Page 11 of 14 Packet Pg. 341 9.B.3 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript John Pelletier: Wayne Arnold Noel Davies Nancy Gundlach: John Pelletier: Nancy Gundlach: John Pelletier: Nancy Gundlach: John Pelletier: Nancy Gundlach: Okay. We'll let her respond — Yeah, Nancy. A Type D buffer — I'm a landscape architect, too. Okay. It's, trees are 10-feet tall at planting and they're 30 feet on center. Okay. Any veg material underneath? Any what? Veg material. If it's adjacent to a parking lot, yes. If it's not adjacent to a parking lot, then no. John Pelletier: Okay. So — Nancy Gundlach: And it would be a double row edge, 24 inches tall. John Pelletier: We'll right straight through it. If it's just the tree every 30 foot and then nothing underneath? Nancy Gundlach John Pelletier: Nancy Gundlach John Pelletier: Nancy Gundlach: John Pelletier: Nancy Gundlach [Crosstalk] Correct. Okay. So, we will see straight into that. Well, are you talking about from 4th Street where that water body — well, where this detention is? Yeah. Yeah. I — I, honestly, you know — and even in the neighborhood, I know the neighbors on either side aren't here — Okay. But, just as — you know, as much buffering as possible even at the eye level would be nice. With the cocoplum or something like that. We have a sample strip that's — c a 0 x U m LO 0 0 0 0 0 N O N J a CD a a� c 0 N N Go M LO a �L V N c 0 L z m c as E M 0 0 a r c d M 0 a Page 12 of 14 Packet Pg. 342 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript 9.B.3 Nancy Gundlach: Can you do a C buffer like you did on the other one? Wayne Arnold: We'll certainly [Crosstalk] Wayne Arnold: We'll talk about that again. Consider what kind of additional buffer we might be able to provide there. John Pelletier: Yeah. Nancy Gundlach: Yeah, I just — John Pelletier: Just as — as a note, you know, trees are to be 30-foot, too high. I'd do that, too, but I'm sure we'd like to have something — Nancy Gundlach: Yeah, just, for the record — for the recording — we're talking about trying to do some buffering just at that little corner there in the, what's exposed to, 4th Street. An additional 15-foot wide Type B buffer. Wayne Arnold: And I think that, obviously, we'll certainly consider enhancing that buffer. Nancy Gundlach: Yeah. Similar to the one we did to the south. Just where that little rear portion of the shopping center is exposed. John Pelletier: And then on either side? Just, again, I — I can't speak for those neighbors, but is there, like, a certain spot you have to stop and not put the water retention? Is there — what do they call it? Easement? Nancy Gundlach: Well, why — it's John, right? John Pelletier: Yes. Nancy Gundlach: John, what I was suggesting to the is putting the buffer at the rear of where the shopping center would be, so it would be more, away from 4th Street. So, at 4th Street, you're looking in and you're just seeing either dry retention or a lake. And then once you hit the buildings, what I had suggested was a Type B buffer, which is trees 25 feet on center and a 6-foot tall hedge. So, that, your view — John Pelletier: Around the C? Is that what you're saying? The corner of the C there? Nancy Gundlach: Yes. Yes. Page 13 of 14 Packet Pg. 343 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript 9.B.3 John Pelletier: Okay. Nancy Gundlach: John Pelletier: Nancy Gundlach: John Pelletier: Nancy Gundlach: John Pelletier: Nancy Gundlach: Noel Davies: John Pelletier: Got it. Cool. Yeah. I guess that would be a better effective — Yeah, just a — — thing. That would Yeah, that water retention doesn't bother me. Yeah. That way you can enjoy the view of the — the water body. And we appreciate that, and certainly, we will discuss with the client. And does this have to be square like that or can it undulate to give it more of a lake look? Just that's — Austin Howell: That was discussed with Barron Collier. We did meet with, John Themel this morning. I did. So, he's on the north side of where that water area you're talking to is, and that was something that came — that came out of that meeting this morning. We're gonna take a look and see if we can maybe shape it. We don't know if it can be done yet, but we are gonna have our engineers just run their counts on the stormwater and see if it — see if it can be done as well. John Pelletier: Yeah, yeah. If you can go deeper and just massage the edges to make it more natural. Other than that. Well, that's about all I have. Noel Davies: Thank you. Other questions? John Pelletier: Thanks, guys. Noel Davies: Okay. Thanks, everyone, for coming. Again, the best way to reach us is through Sharon. Her business cards are — are at the front. If you don't have one, please grab one. And I think that — in fact, I wonder if Nancy can give you her business card as well. Thank you. Thank you all for coming and, have a nice evening. [End of Audio] Duration: 29 minutes Page 14 of 14 Packet Pg. 344 9.B.5 AFTER RECORDING RETURN TO: COLEMAN, YOVANOVICH & KOESTER, PA, ATTN: MATTHEW L, GRABINSKI, ESQ. 4001 TAMIAMI TRAIL N., #300 NAPLES, FL 34103 239-435-3535 SHARED ACCESS AGREEMENT [l3CHD PARTNERS I & CROWN] This Shared Access Agreement ("Agreement") is made effective as of this day of , 2021 ("Effective Date"), by and between BCHD PARTNERS I, LLC, a Florida limited liability company ("BCHD"), and Richard Yovanovich, Trustee ("Crown"). BCHD and Crown are referred to herein collectively as the "Parties" and individually as a "Party". This Agreement is joined by Collier County, a political subdivision of the State of Florida ("County"). RECITALS A. BCHD is the owner and developer of that certain real property located in Collier County, Florida, and described more particularly in those certain deeds recorded in O.R. Book 5243, Page 2746 and Q.R. Book 5623, page 3977, all of the public records of Collier County, Florida, which property is depicted on Exhibit "A", attached hereto ("BCHD Property"). B. Crown is the contract purchaser of that certain real property located in Collier County, Florida and lying immediately south of the BCHD Property, as more particularly described in Exhibit "B", attached hereto ("Randall Curve Property"). C. Hereafter, the BCHD Property, and Randall Curve Property are collectively referred to herein as the ("Parcels"), and each a ("Parcel"). The Parties are pursuing individual re -zones of the Parcels and mutually support the re -zones with no objections. D. In conjunction with its re -zone of the BCHD Property, BCHD anticipates receiving permission from Collier County to access and make improvements to the existing traffic signal device and related improvements, including, but not limited to, traffic stacking lanes, pedestrian signals, pedestrian crossing bars, pedestrian crossing signals, curb modifications, mast arms, loops, controllers, electrical service, pavement markings, as may be applicable (collectively, "Access and Traffic Signal Improvements" and sometimes referred to herein as the "Project") to be located at the proposed entrance to the BCHD Property off of Immokalee Road, as generally depicted on the conceptual site plan ("Site Plan") attached hereto as Exhibit "C". E. The parties have agreed that the BCHD property will provide the Randall Curve Property an interconnection that will benefit Crown and access to the traffic signal ("Traffic Signal") and, in consideration thereof, Crown agrees to provide a reciprocal access easement through the Randall Curve Property, as set forth more particularly herein. SHARED ACCESS AGREEMENT C' Packet Pg. 345 9.B.5 F. The Parties have further agreed that in connection with Gown agreeing to provide the reciprocal access agreement through the Randall Curve Property, BCHD will include the impact that the Randall Curve Property will have on the entrance to the BCHD Property off of Immokalce Road when it prepares and submits its final plans for approval of the Project and the Access and Traffic Signal Improvements to Collier County. NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Construction of the Access and Traffic ,Signal improvements. By no later than thirty (30) months after BCHD obtains a re -zone of the BCHD Property with any applicable appeal period having expired without a challenge thereto , BCHD, shall design, permit and through a contractor designated by BCHD, commence and thereafter continuously and diligently pursue construction and installation of the Access and Traffic Signal Improvements depicted on the Site Plan, in accordance with the applicable County and state permits related thereto. All expenses and costs associated with the construction and installation of the Access and Traffic Signal Improvements shall be the sole obligation of BCHD; provided, however, that in the event the construction and installation of the Access and Traffic Signal Improvements have not been completed by the expiration of the Term or if BCHD does not timely commence and reasonably work continuously and diligently to construct and install the Access and Traffic Signal Improvements, then Crown shall have the right, but not the obligation, as Crown's sole and exclusive remedy, to construct and install the Access and Traffic Signal improvements on behalf of BCHD in accordance with the terms of the final approved Site Plan; and BCHD will cooperate in good faith with Crown for the purpose of obtaining any applicable permits. In the event Crown exercises this right, then BCHD shall within forty five (45) business days of receipt of written demand for reimbursement of Crown's costs in connection therewith, deliver payment to Crown. If BCHD fails to timely deliver said payment, then Crown shall be permitted to lien BCHD's property and shall be permitted to charge interest at the rate of ten percent (10%) per annurnn, compounded annually, until such time as BCHD fully reimburses Crown for the costs of constructing and installing the Access and Traffic Signal improvements. 3. A reement to Grant Reciprocal Access for Fronta e Road. Attached hereto, for reference purposes, is a conceptual site plan that depicts the relevant portions of the Parcels, including the location of the Traffic Signal (which is proposed at the entrance to the BCHD Property from Immokalee Rd (directly opposite Orange Tree Blvd.). The Site Plan also depicts the approximate route and location of an interior frontage access road (shaded in grey on the Site Plan) that will be constructed by BCHD and Crown on their respective parcels (the "Shared Access Road"), with such access road connecting at the common boundary of the Parcels in the general location as depicted on the Site Plan (the "Connection Point"). The exact location of the Connection Point of such access road will be determined at such time as BCHD obtains the initial site plan and/or plat approval for any portion of the BCHD Property. BCHD and Crown will make their best efforts to coordinate the Connection Point and share site plans as they are submitted for approval, a. At such time as the exact route and location of that portion of the Shared Access Road located on the BCHD Property is determined, BCHD and Crown (or the County, if the County is still the fee simple owner of the Randall Curve Property) will enter into a reciprocal access easement ("RE A"), whereby: BCHD grants to Crown (for the perpetual benefit of the Randall Curve Property), a non-exclusive perpetual access easement enabling pedestrian and vehicular SHARED ACCESS AGRcEmEN'r Packet Pg. 346 9.B.5 ingress and egress to and frorn the Randall Curve Property, through the Connection Point, over the Shared Access Road located on the BCHD Property and out to the Traffic Signal; Crown/County grants to BCHD (for the perpetual benefit of the BCHD Property), a non-exclusive perpetual access easement enabling pedestrian and vehicular ingress and egress to and from the BCHD Property, through the Connection Point, over the Shared Access Road to be located on the Randall Curve Property and out to immokalee Rd. from the Randall Curve Property. The exact location and configuration of the Shared Access Road on the Randall Curve Property will be determined at the time Crown seeks a plat for the Randall Curve Property. b. The REA shall be in recordable form and shall run with title to the Parcels. The REA shall provide that unless otherwise agreed, the owner of the BCHD Property and the owner of the Randall Curve Property shall be responsible for designing, permitting, constructing and maintaining that portion of the Shared Access Road located on such owner's Parcel (but such responsibilities may be delegated to a property owners association):; provided, however, that the REA shall authorize BCHD to enter the Randall Curve Property, and Crown to enter the BCHD Property to snake emergency repairs to the Shared Access Road in the event of an emergency which would cause irreparable harm, injury, or damage to either Parcel, or both Parcels, if such party failed to take emergency action with regard to such emergency. The REA shall also provide that if either Party acquires additional lands adjacent to such Party's property, that such Party shall have the right to have such additional lands incorporated into and benefited by the REA. Finally, the REA shall provide that parking of vehicles on the Shared Access Road is not permitted. c. BCHD and CROWN shall each be responsible for obtaining the joinder and consent to the REA of any lender holding a mortgage on their respective Parcels. 4. Notices. All notices, demands, requests, and other communications required hereunder shall be in writing. All such notices, demands, requests and other communications (and copies thereof) shall be deemed to be delivered: (a) if sent electronic mail or other electronic transmission (however, facsimile is not a valid method for delivery of such notices), upon receipt of the same (but only so long as a copy of the notice is also sent by another method provided for in this Section); (b) if sent by a reputable nationally recognized overnight courier with confirmation of delivery, with request for next business day delivery, upon receipt of sarne or refusal of delivery as evidenced by the business records of such courier; or (d) if sent by United States rnail, registered or certified, return receipt requested, postage prepaid, upon receipt or refusal of the same, as evidenced on the return receipt, addressed as follows (or to such other address as the Parties may specify by notice given pursuant to this Section): If to BCHD: BCHD Partners 1, LLC c/o Barron Collier Companies Attw David Genson 2600 Golden Gate Parkway Na les, Florida 34105 Phone: 239-262-2600 Fax: 239-262-1840 Email: d enson barroncoIIier.coin With a copy to: Matthew L. Grabinski, Esq. SHARED ACCESS AGREEMENT Packet Pg. 347 9.B.5 Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail N., Suite 300 Naples, Florida 34013 Phone: 239-435-3535 Fax:239-435-1218 Email: mgrabinski@cyklawfirm.com If to Crown: Richard Yovanovich, Trustee Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail N., Suite 300 Na les, Florida 34013 Phone: (239) 435-1218 Email: r ovanovich c klawfirm.com With a copy to: T. Quincy Jones Sa eStone Partners, LLC 5775 Glenrid e Drive, Bld g. B, Suite 120 Sandy S rin s, Georgia 30328 Phone: 770 712-5586 Email: qj sa estone artners.com 5. Estoppel. Within thirty (30) days after the written request of either Party, but not more than three (3) tines per calendar year, the other, non -requesting Party shall deliver an estoppel letter ("Estoppel") to the requesting Party stating: (i) whether any amounts hereunder are owed (or claimed to be owed) by the requesting Party through the effective date of the Estoppel and, if so, stating the amounts owed (or claimed to be owed) and the purposes therefor; and (ii) whether the requesting Party is in compliance with the terms and conditions of this Agreement and, if not, identifying the alleged defaults or breaches of the requesting Party. The Estoppel shall be delivered by the non -requesting Party to the requesting Party pursuant to the notice procedures set forth herein. In the event the non -requesting Party fails or refuses to timely provide the Estoppel as set forth herein, the non -requesting Party shall be deemed to have waived its rights to any amounts owed and with respect to any claims under this Agreement which accrued prior to the date on which the Estoppel was requested. Notwithstanding the foregoing, in no event shall a non -requesting Party be deemed to have waived its rights to certain amounts owed if the non - requesting Patty has not received a final invoice for such amounts, or alternatively, if such amounts owed have not otherwise been set or finalized, on or before the effective date of the Estoppel or the request for Estoppel, as applicable. 6. Binding Effect; Covenant Running with the Land. This Agreement shall inure to the benefit of the Parties and their successors in title. No prior or present agreements regarding the subject matter hereof shall be binding upon any of the Parties unless expressly incorporated in this Agreement. No modification or changes in this Agreement shall be valid or binding upon the Parties unless in writing and executed by both Parties. Time is of the essence with respect to this Agreement and the obligations to be performed hereunder. 7. Authority to Bind. The officers, managers and representatives of BCHD and Crown hereby warrant, represent and confirm each to the other that they are fully authorized to negotiate, approve and bind their respective entity to the terms and conditions of this Agreement. Further, the Parties represent to the other that no other person or entity holds any interest to their respective Parcels where the Shared Access SHARED ACCESS AGRFFMENT Packet Pg. 348 9.B.5 Road is anticipated to be located which would prevent the Shared Access Drive from being constructed on the Parcels in the areas shown on Exhibit "C". The Pat -Lies further agree that during the term of this Agreement, and until the Shared Access Drive is constructed and the REA entered, that they shall not grant any rights to any person or entity over their respective Parcels that would prevent the Shared Access Drive from being constructed on the Parcels in the areas shown on Exhibit "C" 8. Entire Agreement. This Agreement contains the entire agreement between the Parties relating to the subject matter hereof. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed by BCHD and Crown or their respective successors or assigns. 9. Time being of the essence of this Agreement. Time is of the essence with regards to this Agreement. 10. Seyerability and Waiver. In the event that any provision of this Agreement shall be held to be invalid or unenforceable, that provision shall be deleted from this Agreement without affecting, in any respect whatsoever, the validity of the remainder of this Agreement. No waiver of any provisions of this Agreement shall be binding, unless executed in writing by the Party making the waiver. No waiver of any of the provisions of this Agreement shall be deemed or inferred from the Parties' conduct or for any other reason, nor shall any waiver of a provision constitute a waiver of any other provisions, whether or not similar. No waiver of any provision of this Agreement shall constitute a continuing waiver. 11. Further Assurances. Without additional consideration, the Parties will sign, acknowledge, and deliver any other documents and take any other action necessary or appropriate, and reasonably requested by the other, to carry out the intent and purpose of this Agreement and support the re -zone of the Parcels with no objections. 12. Governing Law; Venue. This Agreement shall be construed under the laws of the State of Florida. The exclusive jurisdiction and venue for any disputes under this Agreement shall be in the Circuit Court of Collier County, Florida. 13. Negation of Partnership. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties hereto in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. Each party shall be considered a separate owner, and no party shall have the right to act as an agent for another party, unless expressly authorized to do so herein or by separate written instrument signed by the party to be charged. 14. Term. This Agreement shall automatically expire and terminate upon the last to occur of (a) the execution and recording of the REA, and (b) one (1) year following the lien free completion of the work contemplated by this Agreement. Upon the occurrence of the last of the foregoing conditions, BCHD and Crown shall, upon the decnand of either Party, execute and record an instrument for the purpose of terminating this Agreement of Record. SHARES Access AGitEEMFNT Packet Pg. 349 9.B.5 In witness whereof, the Parties have executed this Agreement as of the Effective Date. BCHD Partners 1, LLC a Florida limited liability company By: Creekside West, Inc., a Florida corporation Its: Manager By: Barron Collier Management, LLC, a Florida limited liability company Its: Authorized Agent 2 Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER David Genson, Senior Vice President The foregoing was acknowledged before me in person or by online notary on this day of , 2021, by David Genson, as Senior Vice President of Barron Collier Management, LLC, a Florida limited liability company, Authorized Agent of Creekside West, Inc., a Florida corporation, Manager of BCHD Partners I, LLC, a Florida limited liability company, on behalf of the corporation and companies. He is personally known to me. [Notary Seal] Signature of Notary Printed Name of Notary Commission Expires: SHARED ACCESS AGREEMENT Packet Pg. 350 9.B.5 Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER Richard Yovanovich, Trustee The foregoing was acknowledged before me in person or by online notary on this day of , 2021, by Richard Yovanovich, as Trustee. He is personally known tome. [Notary Seal] Print Name: Print Name: Attest: Crystal K. Kinzel, Clerk , Deputy Clerk Signature of Notary Printed Name of Notary Commission Expires: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Q. d By: E Print Name: L Title: a Approved as to form and legality: Jennifer A, Belpedio Assistant County Attorney m V 0 Q d s SHARED ACCESS AGREEMENT r, Packet Pg. 351 9.B.5 STATE OF FLORIDA COUNTY OF COLLIER The foregoing was acknowledged before me in person or by online notary on this day of , 2021, by , as of the Board of County Coin inissioners of Collier County Florida, on behalf of the board and Collier County. He/she is personally known tome or produced as identification. [Notary Seal] Signature of Notary Printed Name of Notary Commission Expires: DEVELOPMENT AND COST SHARING AGRFEMF,NT 7�� Packet Pg. 352 9.B.5 EXHIBIT "A" BCHD Property Parcel I: The North 180 feet of Tract No. 116, GOI.I)FN GATE FS'I'A'1'ES, Unit No. 22, according to the plat thereof recorded in Plat Book 7, Pages 83-84, of the Public Records of Collier County, Florida. Parcel 2: Tract 118, GOLDEN GATE ESTATES, Unit No. 22, according to the plat thereof recorded in Plat Book 7, Pages 83-84, of the Public Records of Collier County, Florida, LESS that portion taken for road right of way pursuant to Order of Waking recorded in O.R. Book 3111, Page 500, of the Public Records of Collier County, Florida, more particularly described as follows: A Portion of Tract 118, GOLDF,N GATE ESTATES, Unit No. 22, according to the plat thereof as recorded in Plat Book 7, Page 84, of the Public Records of Collier County, Florida, being snore particularly described as follows: Beginning at the Northeasterly corner of said Tract 118; thence South 01130' 15" East, for a distance of 172.46 feet to a point on a circular curve, concave Westerly, whose radius point bears South 88932'50" West, a distance of 2,814.93 feet therefrom; thence run Southerly, along the are of said curve to the right, having a radius of 2,814.93 feet, through a central angle of 031l2'32", subtended by a chord of 157.83 feet at a bearing of South 00009'06" West, for an arc length of 157.65 feet to the end of said curve, and the Southeasterly corner of said 'Tract 118; thence North 89040'50" West, along the Southerly Boundary of said Tract 118, for a distance of 50.10 feet to a point on a circular curve, concave Westerly, whose radius point bears North 87p51'02" West, a distance of 2,769.79 feet therefrom; thence run Northerly, along the are of said curve to the left, having a radius of 2,769.79 feet, through a central angle of 03"38'39", subtended by a chord of 176.14 feet at a bearing of North 00119'38" East, for an arc length of 176.17 feet to the end of said curve; thence North 01'30' l5" West, fora distance of 153.94 feet; thence South 89140'50" East, along the Northerly Boundary of said Tract 118, for a distance of 49.00 feet, to the POINT OF BEGINNING. Parcel 3: All of Tract 119, GOLDEN GATE ESTATES, Unit No. 22, according to the plat thereof recorded in Plat Book 7, Pages 83-84, of the Public Records of Collier County, Florida, LESS the Easterly 49.00 feet taken for road right of way pursuant to Order of Taking recorded in O.R. Book 3111, Page 500, of the Public Records of Collier County, Florida. And Trace 120, Golden Gate Estates, Unit 22, according to the plat thereof recorded in Plat Book 7, page 84, of the public records of Collier County, Florida. DEVELOPMENT AND COST SNARING AGt2EFMENT Packet Pg. 353 9.B.5 lW48,11:38"Im Randall Curve Property All of Tract "A", Golden Gate Estates, [.1nit 22, according to the plat thereof as recorded in Flat Book 7, Pages 83 and 84 of the Public Records of Collier County, Florida, LESS AND LXC EPT that portion conveyed by Statutory Deed and recorded in O.R. Book 4079, Page 1358. SHARED ACCESS AGREEMENT r '� Packet Pg. 354 9.B.5 Exhibit "C" Conceptual Site Plan E, ESTATES 'tt 11VINECT ] I I I vgOJRCT ecLYmfR IA][1E'4'ELCPEa l F5 AIDE T . E TT VM 5CAM &FFER I l l `---- Lr..+Fffx�.k�]tYr,aa:_',;.,.•. • j I I ti'w061Yr64' .'AE3EvyA5gv','.' � '� I � t II+I�GSUpE PUFrFA �I �/+r. .Vie[xO.Fj '.' � IfAn O E. ESTATES j y I RE5M3E]EWlM1LL II ���� �•'ARESERYE'.'. Ig I I � rfn�E+FSELturaR -Sb NdF TfP£G 11 II I�LI � C I PnCA 1110 sa05.0 IrJscft I + '•' _ • _ - �r... FU ERsc I /- ORNMETREE BLVD. I I. IS WIDE TYPF'ff Lk 16CAAE SUFFER 11 wnFFJ `W Jn[ 1 II 1 PESERVAId� I� + 4 ') SEE NUr[yl j 4 i I= I 1 yl I_ �roapPp]r ;`P, LRTOR N I Of SI',P A•In E.ESTATE.9 5 I 1 f �PS�']I]I pF6E SY] I i� I RESEJElrtFu C !' I!!€ I iq I rpar-cl j [] 11"IE I riTEutONtECTR NI 4VFFEM FUSE FRxfPE [P [ I �'� T EGENO �RUPpE sR ERLocxrn�Eo>svnJ r� j� DEVIATION w+oevEl.oPEal�ric'eniagPwwolFoion:al COMMERCIAL I 1 SCAi.E: I= ®GmIh911uoT :: srxa r rrua E>'g4.FP c 1a1E0: R. of TAf[L-polenTfaI I ZONED: C. MATES USE VHOEVLLO➢EO IHTCAC CCTgII USE UHDVELOP EGRE60EKT11L IIP110P0{f0 cvUO.I I II SPVO, PLNLMEPM9V[il I ,,' YA6E TYPE -� A'l.IltOFOAPC I PUPPEn ISLE , !) I. r 4•INV[,?O wz+E «MOTEFiI Jj II' LlW C F e ein?v [a I r EE HOTS •=J 1 1 kIU. OR6110ETA[[ 20NR6: 1. eseAles I P PVO UIE'PGWllint£ I ' Y{E'zPO""bF [p I RF w �NDICAPf`RY fAO3CAPE I fPFll i I r A I I111IJI EUEua I zSEfpEORAHOErARRPuo � 4 r/�� / VSE'Rf31OEllntl If. WE Pf 1V)[f1Fkl I L'SL'A=1L:J / Q tF'aETrPE---� h j / �f!'moE TTP! LEDEND bitA0F eu[fa j I4 / / f eVPren'ctp[ Lb} OE'/Lk TION R RELIDEIITIAL C COMMERCIAL vnsEniui � 0//'` veoelrPUH I! INFEPE4IVIECFIOJf 4�.kd°% / EV}i OP .t.T. E";Ef{rAIEi I I �f USE LVMMLOPED 1 - ARAgI[N., 'O'U'd oRagaE:ARR pw /y VIE-COYMFRCr[T 'r SCALE: I' • JBG' RANOALL CiIAYf,JIPIID ®Gradylflnur ex{agrc c �� wsrca FUA u kh�tl}: UEf.EV9EP W DO10 pa ; Ei Q DEVELOPMENT AND COST SHARING AGREEMENT Packet Pg. 3 55 GundlachNancy From: Shannan Themel <shannanthemel@gmail.com> Sent: Wednesday, March 17, 2021 9:38 PM To: GundlachNancy Subject: Fwd: Retention pond EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Begin forwarded message: From: Alyssa Rodgers <rodgers.alyssaa@gmail.com> Date: March 17, 2021 at 9:13:45 PM EDT To: johnthemel@yahoo.com Subject: Retention pond Good evening, I'm Alyssa Rodgers at 3092 4th ST NE. I do not want any retention pond on the block and wish all plots to remain residential. Alyssa 1 Packet Pg. 356 9.B.6 My name is Enrico Avallone. I live at 29414t1 St. N.E. Naples FL 34120. The property in question is located across the street from me, next to my neighbor John Themel's house. I am writing to voice my concerns over the development of the property. Our street is a quiet street. There is no reason for a commercial company to own the sliver of property on our street next to John. Some proposals have been floated suggesting an access road be placed on the property, another proposal has been to put a retention pond there. I am opposed to both proposals. I do not wish to see delivery trucks running in and out damaging the road on my street at all hours of the day. The rural atmosphere of my street will be irreparably harmed by an access road. Another concern if it were to become an access road is employees using. An increase in traffic on my street will be a danger to the several children who live on it. I am also opposed to using the land as a retention pond. The people of my street are already losing a visual barrier to the commercial development. Destroying more woods will only further impact the residents of the street in a negative way. Further, a retention pond poses a safety hazard to the children of the neighborhood. Drownings are one of the leading causes of death for children in Florida. I do not want to see a pond put in that could pose a danger to our children. I would like to see the section of land that abuts 4th St. N.E. next to my neighbor John Themel's property removed from the development project. There is no need for that piece of land to be converted from residential to commercial. It does not serve to benefit the people of our community. It only harms us. The commercial development should be only the property that connects to Immokalee road. Thank you for reading my concerns. Please contact me with any questions. I would be happy to discuss with anybody to help make the development a success that will benefit both the developers and the community. Enrico Avallone 294141h St. N.E. Naples Florida (239)293-2279 avalloneenrico@gmail.com Packet Pg. 357 GundlachNancy From: Shannan Themel <shannanthemel@gmail.com> Sent: Wednesday, March 17, 2021 4:23 PM To: GundlachNancy Subject: Fwd: Retention pond EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Begin forwarded message: From: JOHN THEMEL <johnthemel@yahoo.com> Date: March 17, 2021 at 4:14:46 PM EDT To: shannanthemel@gmail.com Subject: Fwd: Retention pond Begin forwarded message: From: Dick Brewer <rdbrewer@gmail.com> Date: March 17, 2021 at 4:12:20 PM EDT To: John Themel <johnthemel@yahoo.com> Subject: Retention pond Dick Brewer 28714th Street NE Naples FL 34120 A retention pond is better than an access road, but not by much. Keeping both sides of the street zoned residential is best for the street. 1 Packet Pg. 358 To whom it may concern, 3/17/2021 I am opposed to any building or retention lakes or ponds on any of the land on 4ch st NE. As a resident of 4`h st ne I would like to keep the property on 4ch stay zoned as residential and not part of the new commercial project. ( HIA Ll�- yfih 5T. t"t:- FL- 3yiza;-i�o7 Packet Pg. 359 9.B.6 GundlachNancy From: Shannan Themel <shannanthemel@gmail.com> Sent: Wednesday, March 17, 2021 2:49 PM To: GundlachNancy Subject: BCHD retention pond 4th st ne 0 a U EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when r opening attachments or clicking links. _ Begin forwarded message: From: Lindzy Frost <frostlindzy@yahoo.com> Date: March 17, 2021 at 2:38:45 PM EDT To: johnthemel@yahoo.com Subject: Fw: our block Reply -To: "frostlindzy@yahoo.com" <frostlindzy@yahoo.com> Oops wrong email Sent from Yahoo Mail on Android ----- Forwarded Message ----- From: "Lindzy Frost" <frostlindzy@yahoo.com> To: "Johnthrmel@yahoo.com" <Johnth rmel@yahoo.com> Sent: Wed, Mar 17, 2021 at 2:35 PM Subject: our block Hi John, Bruce just stopped by and told me what is going on. My name is Lindzy Frost, I live with Jerry Moon at 2950 4th St. NE. We do not want a retention pond or any of the other crap they want to build. Please keep us informed. We will help any way possible. Thanks for caring, Lindzy Sent from Yahoo Mail on Android Packet Pg. 360 GundlachNancy From: Shannan Themel <shannanthemel@gmail.com> Sent: Wednesday, March 17, 2021 5:34 PM To: GundlachNancy Subject: BCHD RETENTION POND 4TH st ne EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Thank you, Shannan Begin forwarded message: From: JOHN THEMEL <johnthemel@yahoo.com> Date: March 17, 2021 at 5:24:09 PM EDT To: shannanthemel@gmail.com Subject: Fwd: 4th St. NE Begin forwarded message: From: Monica <mgatt2595@gmail.com> Date: March 17, 2021 at 5:16:24 PM EDT To: John Themel <johnthemel@yahoo.com> Subject: 4th St. NE Hi this is... Jeffrey & Monica Gatt 28414th St NE Naples, FI 34120 We do not want any retention pounds on our block and we want all pilots to remain residential. Thank you, Jeffrey & Monica Gatt Sent from my iPhone 1 Packet Pg. 361 GundlachNancy From: Shannan Themel <shannanthemel@gmail.com> Sent: Wednesday, March 17, 2021 5:34 PM To: GundlachNancy Subject: BCHD RETENTION POND 4TH st ne EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Thank you, Shannan Begin forwarded message: From: JOHN THEMEL <johnthemel@yahoo.com> Date: March 17, 2021 at 5:24:09 PM EDT To: shannanthemel@gmail.com Subject: Fwd: 4th St. NE Begin forwarded message: From: Monica <mgatt2595@gmail.com> Date: March 17, 2021 at 5:16:24 PM EDT To: John Themel <johnthemel@yahoo.com> Subject: 4th St. NE Hi this is... Jeffrey & Monica Gatt 28414th St NE Naples, FI 34120 We do not want any retention pounds on our block and we want all pilots to remain residential. Thank you, Jeffrey & Monica Gatt Sent from my iPhone 0 a U 0 x U m co Ln 0 0 0 0 0 N O N J a a) a a� c 0 N N 00 M LO Packet Pg. 362 GundlachNancy From: Shannan Themel <shannanthemel@gmail.com> Sent: Wednesday, March 17, 2021 5:59 PM To: GundlachNancy Subject: BCHD retention pond 4th st ne 0 a U EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. _ Begin forwarded message: From: JOHN THEMEL <johnthemel@yahoo.com> Date: March 17, 2021 at 5:37:38 PM EDT To: shannanthemel@gmail.com Subject: Fwd: Retention pond Begin forwarded message: From: heather skizas <hmskizas@gmail.com> Date: March 17, 2021 at 5:29:13 PM EDT To: johnthemel@yahoo.com Subject: Retention pond My name is Heather Waligora and I live at 3160 4th Street NE Naples, FL 34120.1 am against building a retention pond on our street due to the safety of all the children that live here. I would like to see our block remain residential only. Signed, Heather Waligora 3160 4th Street NE Naples, FL 34120 hmskizas@gmail.com Packet Pg. 363 GundlachNancy From: Shannan Themel <shannanthemel@gmail.com> Sent: Wednesday, March 17, 2021 3:29 PM To: GundlachNancy Subject: Oppose retention pond on 4th St NE Naples EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Begin forwarded message: From: JOHN THEMEL <johnthemel@yahoo.com> Date: March 17, 2021 at 3:18:08 PM EDT To: shannanthemel@gmail.com Subject: Fwd: Oppose retention pond on 4th St NE Naples Begin forwarded message: From: Mary Jane Hayden <maryJane.hayden78@gmail.com> Date: March 17, 2021 at 3:09:58 PM EDT To: johnthemel@yahoo.com Subject: Oppose retention pond on 4th St NE Naples We strongly oppose using the proposed lot facing 4th St. NE Naples, FL as a retention pond and negatively impacting the values of our homes and the safety of the many children living on this street. Please allow us to keep our beautiful neighborhood in tact. James M and Mary Jane Hayden 28214th St NE Naples, FL. 34120 0 a U Packet Pg. 364 GundlachNancy From: BellowsRay Sent: Thursday, March 18, 2021 10:06 AM To: GundlachNancy Subject: FW: From John Pelletier, 4th St. Ne 0 D a U FYI R" Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 C 0, eY CiOuvxty Exceeding expectations, every day.! Tell us how we are doing by taking our Zoning Division Survey at https://goo.al/eXj_vgT. From: McDanielBill <Bill.McDaniel@colliercountyfl.gov> M LO Sent: Thursday, March 18, 2021 9:46 AM To: BellowsRay <Ray.Bellows @colliercountyfl.gov> Subject: RE: From John Pelletier, 4th St. Ne M Ray, just passing along a letter from a constituent for the record. o x Bill U 0 From: BellowsRay <Ray.Bellows@colliercountyfl.gov> c Sent: Thursday, March 18, 20219:37 AM m To: McDanielBill <BiII.McDaniel@colliercountyfl.gov> 0 O Cc: JenkinsAnita <Anita.Jenkins@colliercountyfl.gov>; GundlachNancy <Nancy.Gundlach@colliercountyfl.gov> o Subject: RE: From John Pelletier, 4th St. Ne Good morning Commissioner, a� J c m Yes, this petition is listed as Agenda Item 9.A.5 on today's agenda. I have attached a copy (see below) of the PUD Master E Plan that depicts the location of the water management facility that abuts 4th Street NE. r r Q Please let me know if you would like a copy of the proposed PUD Document and I will be glad to forward. Respectfully, 5. PL20200000546 - BCHD 1 CPUD: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Packet Pg. 365 Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Estates (E) zoning district to a Commercial Planned Unit Development (CPUD) zoning district to allow up to 200,000 square feet of commercial uses for a project to be known as BCHD I CPUD on property located approximately one-half mile north of Randall Boulevard on the west side of Immokalee Road in Section 22, Township 48 South, Range 27 East, Collier County, Florida consisting of 19.13± acres; and by providing an effective date. (Companion item to GMPA- PL20160000221, Estates Subdistrict Growth Management Amendment) [Nancy Gundlach, AICP, PLA, Principal Planner] �a 1S K'wocrmcti�.' Ilyi �— II WOiU/[OUtf[Rr `y� C ' !*AM fI ! ItEaoeNiYu 7t I � VNpN'Vt Rrr[n —� I IIS IiQ rVP[ V w13SCAI[ pINlCN � � nYe nJnne nn �: rxar Jn 1 I ICI i�:JKYxA1G,WYYYftp I�I NkbOtN1WL Jal 2 ' LPCeYEiCftv O( iYR9'IMRSf..A➢t i Gr �.11�St1:AY1f7Y' •' ' [Ff�Y�/t Ali•. i0 NOt lli'C �L4Kh. K �Yh KN4rD:iT-� I2l r,(n�,pN•Y* R[urw•.w If I!; Ir nRR rm = I Y MlwrrrrM�t� � . • lA1Ci[/P[ LEGEND ® DEVIATION R" � ��'IuffGRPik. M.atr lNr :� VW'r t eerAtte 1,ND VAVVCp 1PP'3WJW3 6" Rix OW-31MI Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 Co r County Exceeding expectations, every day! 111 J•• {JElYf NI � s p R waa w. P,NZ 1)1� II .M..;L1 NEE kw I I I•� I Yr11RM111R DR iNr. 1JNn wdIM00.Y0i: A I I F etYM l rA'a N.slu TO us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvgT. From: McDanielBill <Bill.McDaniel@colliercountyfl.gov> Sent: Thursday, March 18, 2021 7:11 AM To: BellowsRay <Ray.Bellows@colliercountyfl.gov> Subject: FW: From John Pelletier, 4th St. Ne Ray, is this being heard by the CCPC today? Thank you. vat William L. McDaniel, Jr., Vice Chairman 0 a U Packet Pg. 366 Commissioner, District 5 3299 Tamiami Trail, East Naples, FL 34112 239-252-8605 Bill.mcdanielCeDcolliercountvfl.eov 0 D a. WEB PAGE: v 0 x v m W From: jpelltwc <jpelltwc@comcast.net> � Sent: Wednesday, March 17, 2021 6:23 PM o To: McDanielBill <Bill.McDaniel@colliercountyfl.gov> o Subject: From John Pelletier, 4th St. Ne c N J IL EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when c c opening attachments or clicking links. a. Hi Bill, hope all is well. a� I know the meeting for those 3 residential parcels is up for rezone tomorrow. Unfortunately I can't make 0 N meeting due to work but I wanted to express the same comments I brought up at the neighborhood information meeting, in which only 2 people from our street showed up. r As mentioned to you before, I hoped the parcel 180' wide strip that jots onto our street be taken out of the N equation for this rezone and just left residential, there has been much interest for John Themel to purchase it M from developers but no such deal was considered. Anyways the developers want to use as water retention, ok sure I guess, but I did make the request for 0 additional landscape buffering, heavy, mature upon install, against the buildings on the other parcels and the 0° 0 county landscape architect agreed that this was a good idea. If in fact the small parcel is water retention, we will have a clear shot from our street looking right at those building, I realize this is farther down road but I just 0 wanted to inform you that this is going to be the street residents concern. Obviously I am vehemently opposed r a to any vehicle access to our street. .0 Another item that I opposed on record at meeting was the C4 zoning, C3 should only be considered. Since the 4" N bus barn battle we overcame, I always wanted "pleasant amenities" C4 does not fit into that wish, especially 2 storage units. Thanks for considering these items during the meeting tomorrow. E Sincerely, John You can always reach me on my cell, 239 825 7087. r r Q Sent from my Sprint Samsung Galaxy Note10+. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 367 GundlachNancy From: Shannan Themel <shannanthemel@gmail.com> Sent: Wednesday, March 17, 2021 5:10 PM To: GundlachNancy Subject: Fwd: 4th St Residents 0 a U EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. _ Begin forwarded message: From: JOHN THEMEL <johnthemel@yahoo.com> Date: March 17, 2021 at 5:03:55 PM EDT To: shannanthemel@gmail.com Subject: Fwd: 4th St Residents Begin forwarded message: From: wolfpro66@aol.com Date: March 17, 2021 at 4:55:02 PM EDT To: johnthemel@yahoo.com Subject: 4th St Residents Reply -To: wolfpro66@aol.com To whom it may concern, My name is Walfrido Proenza and I live at 2655 4th St. NE, Naples Floirida. My wife and I are Totally against the proposed plans of building a retention pond on or near our home and wish all pilots remain residential. Thank You, Walfrido Proenza Packet Pg. 368 GundlachNancy From: Shannan Themel <shannanthemel@gmail.com> Sent: Wednesday, March 17, 2021 9:38 PM To: GundlachNancy Subject: BCHD retention pond 4th st ne EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Begin forwarded message: From: Christian Rodgers <rodgers.christianm@yahoo.com> Date: March 17, 2021 at 9:11:52 PM EDT To: johnthemel@yahoo.com Subject: No Retention Pond Hey, I'm Christian Rodgers at 3092 4th ST NE. I do not want any retention pond on the block and wish all plots to remain residential. Thanks for getting this put together. Christian 1 Packet Pg. 369 GundlachNanc From: Shannan Themel <shannanthemel@gmail.com> Sent: Wednesday, March 17, 2021 1:59 PM To: GundlachNancy Subject: BCHD retention pond 4th st ne 0 a U EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. o Begin forwarded message: From: BRUCE WALIGORA <brucecw@aol.com> Date: March 17, 2021 at 1:29:43 PM EDT To: johnthemel@yahoo.com Subject: Stop the build To who it may concern. My name is Bruce Waligora and my wife and two children live at 3160 4th st ne and we are opposed to the building of a retention pond or any sort of Commerical structures and or properties on our block and wish to keep 4th st ne inly residential! Please feel free to call me with any questions at 239-537-9350 thank you. Sent from my iPhone Packet Pg. 370 9.B.7 Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountyfl.aov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Hybrid Virtual Quasi -Judicial Public Hearing Waiver Emergency/Executive Order 2020-04 Hearing of the Collier County Planning Commission and Board of County Commissioners For Petition Number(s): PL20200000546 Regarding the above subject petition number(s), BCHD Partners I, LLC_ (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearings of the Collier County Planning Commission and Board of County Commissioners, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Bradley A. Boaz Name: Date:,%L� r Chief Financial Officer of Barron Collier Management, LLC, as Authorized Agent of Creekside West, Inc., Manager of BCHD Partners I, LLC Signature*: ,r s _ ❑✓ Applicant ❑ Legal Counsel to Applicant * This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an officer of the corporate entity) or the legal counsel to the Applicant. Packet Pg. 371 9.B.8 ) 3 5 ,)... NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will behold by the Collier County Board of County Commissioners on April 27, 2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL, to consider the enactment of two County Ordinances. The meeting will commence at 9:00 A.M. The titles of the proposed Ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE RURAL GOLDEN GATE ESTATES SUB -ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN AND RURAL GOLDEN GATE AREA FUTURE LAND USE MAPS AND MAP SERIES TO ADD THE IMMOKALEE ROAD -ESTATES COMMERCIAL, SUBDISTRICT TO THE ESTATES - COMMERCIAL DISTRICT, TO ALLOW USES PERMITTED BY RIGHT AND CONDITIONAL USE IN THE COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT AND SOME GENERAL COMMERCIAL (C-4) USES WITH A TOTAL MAXIMUM INTENSITY OF 200,000 SQUARE FEET OF GROSS FLOOR AREA, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS 19.13t ACRES AND LOCATED ON THE WEST SIDE OF IMMOKALEE ROAD, APPROXIMATELY ONE-HALF MILE NORTH OF RANDALL BOULEVARD, IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PL20160000221] AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS. OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES (E) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW UP TO 200,000 SQUARE FEET OF COMMERCIAL USES FOR A PROJECT TO BE KNOWN AS BCHD I CPUD ON PROPERTY LOCATED APPROXIMATELY ONE-HALF MILE NORTH OF RANDALL BOULEVARD ON THE WEST SIDE OF IMMOKALEE ROAD IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 19.13t ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20200000546] A copy of the proposed Ordinances are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meeting through the link provided on the front page of the County website at www.colliercountyfl oov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrev WilliaOcolliercountAl cov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Packet Pg. 372 BCHD I CPUD (PL20200000546) Application and Supporting Documents March 18, 2021 CCPC Hearing © GradyMinor Clvll E'ingMcers • Land 8vrvr�ws • Planners • Iandscapc Archltect Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects June 11, 2020 Mr. Timothy Finn, AICP Collier County Growth Management Division/ Planning and Regulation Land Development Services Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Collier County Application for Public Hearing, BCHD I CPUD Rezone (PL20200000546), Submittal 1 Dear Mr. Finn: A Collier County application for Public Hearing for a Planned Unit Development (PUD) rezone for properties located north of Randall Boulevard on the western side of Immokalee Road is being filed electronically for review. This application proposes to rezone a 19.13+/- acre parcel to allow up to 200,000 square feet of gross leasable area for general commercial uses. A companion Growth Management Plan Amendment (PL20160000221) was filed previously and is ready to be scheduled before the CCPC and BCC for transmittal. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application for PUD Rezone 3. Evaluation Criteria 4. Utility Dedication Statement 5. Pre -application meeting notes 6. Affidavit of Authorization 7. Property Ownership Disclosure Form 8. Covenant of Unified Control 9. Addressing Checklist 10. Warranty Deed(s) 11. Boundary Survey 12. Aerial Location Map Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Mr. Timothy Finn, AICP RE: Collier County Application for Public Hearing, BCHD I CPUD Rezone (PL20200000546), Submittal 1 June 11, 2020 Page 2 of 2 13. Environmental Data Requirements 14. Traffic Impact Study 15. CPUD Exhibits A-F 16. Deviation Justifications Please feel free to contact me should you have any questions. Sincerely, D. Wayne Arnold, AICP c: BCHD Partners I, LLC Noel J. Davies GradyMinor File (BCIRPUDZ-20) Comer Count COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD of PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED ❑■ PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Property Owner(s): BCHD Partners I LLC Name of Applicant if different than owner: _ Address: 2600 Golden Gate Parkway City: Naples Telephone: 239-262-2600 Cell: E-Mail Address: dgenson@barroncollier.com State: FL ZIP: 34105 Fax: Name of Agent: D. Wayne Arnold, AICP / Noel J. Davies, Attorney Firm: Q. Grady Minor & Associates, P.E. / Davies Duke, PLLC Address: 3800 Via Del Rey Telephone: 239-947-1144 City: Bonita Springs state: FL Cell: Fax: ZIP: 34134 E-Mail Address: warnold@gradyminor.com /Noel.Davies@DaviesDuke.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. March 4, 2020 Page 1 of 11 Comer Count COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: E, Estates Zoning district(s) to the BCHD I Commercial Planned Unit Development (CPUD) zoning district(s). Present Use of the Property: Undeveloped Proposed Use (or range of uses) of the property: Commercial Original PUD Name: N.A. Ordinance No.: N.A. PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre -application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range:22 41 27 Lot: N•A• Block: N•A• Subdivision: Golden Gate Estates Unit 22 Metes & Bounds Description: See Boundary Survey Plat Book: 7 Page #: 83-84 Property I.D. Number: 37698360002, 37698440003, 37698480005 and 37698520004 Size of Property: irregular ft. x irregular ft = 833,302 Total Sq. Ft. Acres: 19.13+/- Address/ General Location of Subject Property: West side of Immokalee Road approximately one-half mile north of Randall Boulevard. PUD District (refer to LDC subsection 2.03.06 Q ❑■ Commercial ❑ Residential ❑ Community Facilities ❑ Mixed Use ❑ Other: ❑ Industrial March 4, 2020 Page 2 of 11 Comer Count COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N E, Estates Residential and undeveloped S E, Estates Residential and undeveloped E Orange Tree MPUD Residential and undeveloped W E, Estates Residential and undeveloped If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: N.A. / N.A. / N.A. Lot: N.A. Block: N.A. Subdivision: N.A. Plat Book: N.A Page #: N.A. Property I.D. Number: N.A. Metes & Bounds Description: N.A. ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Orange Tree Homeowners Association Mailing Address: PO Box 855 City: Bonita Springs State: FL Zip: 34133 Name of Homeowner Association: Valencia Lakes At Orange Tree Homeowners Association Mailing Address: 11691 Gateway Blvd., Ste 203 City: Ft. Myers State: FL Name of Homeowner Association: Golden Gate Estates Area Civic Association Mailing Address: PO Box 990596 City: Naples State: FL Name of Homeowner Association: Zip: 33913 ZIP: 34116 Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: March 4, 2020 Page 3 of 11 Coder Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov EVALUATION CRITERIA 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 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. March 4, 2020 Page 4 of 11 Comer Count COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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? GMPA Transmittal hearing dates TBD PL20160000221 - Immokalee Road - Estates Commercial Subdistrict GMPA Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑■ No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re -opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. March 4, 2020 Page 5 of 11 Comer Count COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): BCHD Partners I LLC Address: 2600 Golden Gate Parkway Telephone: 239-262-2600 Cell: City: Naples State: FL E-Mail Address: dgenson@barroncollier.com Address of Subject Property (If available): Immokalee Road City: Naples State: FL ZIP: 'ROPERTY INFORMATION Fax: Section/Township/Range: 2/ 4/ 27 Lot: N.A. Block: N.A. Subdivision: Golden Gate Estates Unit 22 Metes & Bounds Description: See Boundary Survey ZIP: 34105 Plat Book: 7 Page #: 83-84 Property I.D. Number: 37698360002, 37698440003, 37698480005 and 37698520004 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System 0 b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Package Treatment Plant ❑ (GPD Capacity): e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System x❑ b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Private System (Well) ❑ Total Population to be Served: 200,000 sq. ft Peak and Average Daily Demands: A. Water -Peak: 56,700 gpd Average Daily: 42,000 gpd B. Sewer -Peak: 40,500 gpd Average Daily: 30,000 gpd If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: 2022 March 4, 2020 Page 6 of 11 Coder Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. N.A. Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Included with Submittal 1 Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. March 4, 2020 Page 7 of 11 Coder Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as (Street address and City, State and Zip Code) and legally described in ExhibitA attached hereto. The property described herein is the subject of an application for planned unit development ( PUD) zoning. We hereby designate , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Owner Printed Name STATE OF FLORIDA COUNTY OF COLLIER Owner Printed Name The foregoing instrument was acknowleged before me by means of ❑physical presence or❑online notarization this day of , 20_, by (printed name of owner or qualifier) Such person(s) Notary Public must check applicable box: ❑Are personally known to me ❑Has produced a current drivers license ❑Has produced as identification. Notary Seal Notary Signature: March 4, 2020 Page 8 of 11 CoAr Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov Final Submittal Requirement Checklist for: ■❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 x❑ ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 x❑ ❑ Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 x❑ ❑ List Identifying Owner and all parties of corporation 1 ❑ ❑ Signed and sealed Boundary Survey 1 0 ❑ Architectural Rendering of proposed structures 1 ❑ ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ ❑ Statement of Utility Provisions 1 ❑ ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 ❑ ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑ ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ ❑ Traffic Impact Study 1 0 ❑ Historical Survey 1 0 ❑ School Impact Analysis Application, if applicable 1 ❑ 0 Electronic copy of all required documents 1 ❑ ❑ Completed Exhibits A-F (see below for additional information)' ❑ x❑ ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ 0 ❑ Checklist continues on next page March 4, 2020 Page 9 of 11 Comer Count COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %2" x 11" copy ❑ ❑ ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ ❑ ❑ Revised PUD document with changes crossed thru & underlined 1 ❑ 0 Copy of Official Interpretation and/or Zoning Verification 1 ❑ 0 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: Exhibit A: List of Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: El School District (Residential Components): Amy Lockheart El conservancy of SWFL: Nichole Johnson ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams (Director) ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ❑ I City of Naples Utilities ❑ Other: ASSOCIATED FEES FOR APPLICATION X Pre -Application Meeting: $500.00 X PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre X Comprehensive Planning Consistency Review: $2,250.00 X Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 X Transportation Review Fees: (X Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 March 4, 2020 Page 10 of 11 Co*er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov Legal Advertising Fees: X CCPC: $1,125.00 X BCC: $500.00 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5' and subsequent re -submittal will be accessed at 20% of the original fee. January 21, 2021 Signature of Petitioner or Agent Date D. Wayne Arnold, AICP Printed named of signing party March 4, 2020 Page 11 of 11 BCHD I CPUD (PL20200000546) Evaluation Criteria Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. Narrative Statement Describing Request This application proposes to rezone 19± acres from Estates to BCHD I Commercial Planned Unit Development (CPUD) to allow a maximum of 200,000 square feet of gross floor area for all permitted uses and conditional uses in the C-3 Zoning District and limited C-4 uses. A companion Growth Management Plan amendment has been filed in order to authorize the proposed commercial land uses at this location. PUD Rezone Considerations (LDC Section 10.02.13.B) a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The subject property is a suitable location for the proposed commercial land uses. The site is located immediately north of a pending 50± acre mixed -use project, and the site has access directly to Immokalee Road at the signalized intersection at Orange tree Boulevard. The Orangetree PUD permits office/commercial development in this area. The subject property is not suitable for very low density residential, which is the permitted land use for the property under the current Master Plan for Rural Golden Gate Estates. During the re- study of the Golden Gate Area Master Plan many participants indicated their desire for additional commercial development on the major thoroughfares rather than in the interior to the Golden Gate Estates. No access is proposed through the portion of the project that abuts 4t" Street N.E.; however, as depicted on the conceptual PUD Master Plan, this portion of the project will be utilized only for open space and water management uses. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. June 9, 2020 W GradyMinor Page 1 of 5 BCIRPUDZ-20 Evaluation Criteria.docx (,MI 8riginecre • I,and Surveyors • Manners • I�arrdscape Archlteets Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com The applicant owns and controls all land within the proposed BCHD I CPUD. c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) A companion Plan Amendment to the Golden Gate Area Master Plan is pending. The amendment, if approved, would authorize the proposed commercial uses at this location. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The conceptual PUD Master Plan identifies buffers, which will meet or exceed buffer requirements per the LDC. The applicant has not proposed access to 4t" Street N.E. The portion of the site which does abut 4t" Street N.E. is proposed only for open space and water management uses. e. The adequacy of usable open space areas in existence and as proposed to serve the development. The BCHD I CPUD Master Plan identifies open space, which meets or exceeds the Land Development Code (LDC) requirements for open space for commercial development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The project is subject to concurrency and adequate infrastructure must be in place to support future development on the site. No deficiencies have been identified. g. The ability of the subject property and of surrounding areas to accommodate expansion. Expansion of the CPUD boundary is not anticipated. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The CPUD rezone proposes commercial land uses and meets criteria for PUD rezonings as outlined in the LDC. LDC Section 10.02.08 F - Requirements for Amendments to the Official Zoning Atlas Page 2 of 5 F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08 E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. The proposed change is consistent with the pending companion small-scale amendment which would authorize a maximum of 200,000 square feet of gross floor area for commercial land uses. 2. The existing land use pattern. Property located to the east across Immokalee Road is designated for residential and office/commercial land uses. The property immediately south of the subject property is currently owned by Collier County and is under contract to a private developer who is proposing to develop a mixed -use project on the site. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Rezoning the property to a PUD does not create an isolated district. The property is of sufficient size to meet the criteria for a PUD rezoning. The PUD rezoning is logical as the property will be developed with a variety of non-residential uses and specific uses and development standards need to be identified. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing Estates zoning does not permit commercial uses proposed to be developed on the property. The rezoning is required in order to develop the proposed commercial uses. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Residents in Golden Gate Estates have indicated support for access to additional opportunities for commercial activities. The location at a signalized intersection on one of the County's highly traveled arterial roadways no longer make very low - density residential housing a viable use at this location. The proposed uses are consistent with the pending companion comprehensive plan amendment. Page 3 of 5 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The addition of up to 200,000 square feet of commercial land uses will not adversely affect living conditions in the area. The commercial uses are oriented toward Immokalee Road and appropriate buffers are proposed to the nearest residential neighbors. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The traffic analysis prepared in support of the CPUD rezone demonstrates that Immokalee Road will continue to operate at acceptable levels of service. 8. Whether the proposed change will create a drainage problem. All proposed improvements will be required to be reviewed by the SFWMD as part of an environmental resource permit, which includes a review of the surface water management system to ensure compliance with approved discharge rates for this drainage basin. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The changes will have no impact to light or air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed change should have no impact on property values on adjacent property. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed addition of commercial land uses at this location will not be a detriment to improvement or development of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. All property owners have the right to propose changes that are consistent with the Growth Management Plan. No special privileges are granted by this change. Page 4 of 5 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The existing zoning does not permit the proposed commercial land uses; therefore, a CPUD rezone is necessary. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. A needs analysis was prepared for the pending companion plan amendment. That analysis concluded there is demand at this location for the proposed commercial intensity. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. It is not impossible to find other adequate sites in Collier County for this CPUD; however, this part of Collier County is underserved with commercial land uses. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. There are no unique features of the property. Development will require site clearing and filling. Native vegetation retention and open space will be provided as required under the Growth Management Plan and LDC. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. There are no deficiencies anticipated with development of this use. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. The CPUD contains development standards and commitments, which will insure the protection of the public health, safety and welfare. Page 5 of 5 BCHD I CPUD (PL20200000546) Collier County Utility Dedication Statement Date: 6/10/20 The developer agrees to dedicate the water distribution and sewage collection facilities within the project ar a to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. The developer also agrees that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. The developer agrees to dedicate the appropriate utility easements for serving the water and seL, er systems. Bradlev A. Boaz as Chief Finailctal-Afficer of Barron Collier Management, LLC. Authorized Anent of Creekside West, Inc., Manap-er of BCHD Partners I LLC (Applicant) STATE OF i--=_-�-v2ia 4 j COUNTY OF Sworn to for affirmed) and subscribed before me this l O day of _TLAu4 --. . 202fs by . ho is personally known to me ol— has produced as identification. SABINAE. HARDY ' MY COMMISSION # GG 287225 - Notary Public .o ? EXPIRES: January 14, 2023 Bonded Thru Notary Pubk Underwriters :.. (Fume typed,. printed or stamped) June 8,2020 a (;;, '�,hnor Page IofI PUDZ Utility Dedication Statement ni - 1W lrrhlr«e- Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com Codier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Notes Petition Type: PUDZ Date and Time: Monday, 3/30/2020 @ 9:00 AM — 6rLi'o(,[ Assigned Planner: Tim Finn Engineering Manager (for PPL's and FP's): Project Information Project Name: BCHD I (CPUD) PL #: 20200000546 37698440003,37698360002, Property ID #: _ 3769848000.5) Current Zoning: Estate Project Address: City: Naples State: FL Zip: Applicant: Grady Minor Agent Name: Sharon Umpenhour Phone: (239) 947-1144 Boni a Agent/Firm Address: 3800 Via Del Rey City: Springs State: FL Zip: 34134 Property Owner: BCHD Partners I, LLC % David Genson Please provide the following, if applicable: i. Total Acreage: 14.04 acres ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: 200,000 sf iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: PB 7, P 81-82 Updated 7/11/2019 Page 1 1 of 5 Co er county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is https://www.colliergov.net/Home/ShowDocument?id=75093. S'Q� A�tirtGti 1 sxoA^ I RND IVQTeS. -- Tina F,Nry t7n.�r..o,.�l?L� l�La-a^r�.•.� ►nk •tA��.s �o.t.TbTlo.� %l�t4/L1� L�.eab — ��ciD oMiTc>1LtNi. P--�- �" If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddletonna naolesaov com Allyson Holland AMHollandCa)naplesgov com Robin Singer RSingerCcDnaolesgov com Erica Martin emartinCC�naplesgoy com Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 7/11/2019 Page 1 2 of 5 ClarkeThomas From: FinnTimothy Sent: Monday, March 30, 2020 10:38 AM To: ClarkeThomas Subject: RE: Phone #- Notes and Application for PL20200000546 Follow Up Flag: Follow up Flag Status: Flagged Hi Thomas, These are my notes: 1. Follow the attached PUD template for your first submission 2. Reference LDC Sections for PUDZ Criteria 3. NIM to be held after first review comment letter From: ClarkeThomas <Thomas.Clarke @coIIiercountyfl.gov> Sent: Monday, March 30, 2020 10:10 AM To: FinnTimothy <Timothy.Finn @colliercountyfl.gov> Subject: Phone #- Notes and Application for PL20200000546 Hi Tim, You want to call me and I'll check off the boxes on the PUDZ application?, or are you able to scan a copy of the Application and email it to me? Application attached. My cell is 239-777-8916 Respectfully, Operations Coordinator - Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2526 NOTE: New Email Address as of 1210912017. thomos.clarke@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Cio*r Coin ty Exceeding Expectations Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. ClarkeThomas From: SawyerMichael Sent: Monday, March 30, 2020 9:47 AM To: ClarkeThomas Cc: FinnTimothy Subject: This morning's pre app @ 9:00 PL 761 o vocu SIL Follow Up Flag: Follow up Flag Status: Flagged Thomas, Please check the TIS required box on the pre app checklist as well as methodology on the next page with a note that methodology will be by email to staff. Please also add the following notes: Transportation Planning: Methodology meeting by email required and provide note on TIS cover sheet that fee will be collected at time of PUD submittal. Address all transportation elements of the GIMP. Provide both ITE and SIC use codes in the TIS. Provide trip limit based on TIS using standard language: " The maximum total daily trip generation for the PUD shall not exceed two-way PMpeak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. " Thanks much, Michael Sawyer Principal Planner Growth Management Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael.sawyer(cr colliercountyfl gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. a.g. ClarkeThomas From: Beard Laurie Sent: Monday, March 30, 2020 9:00 AM To: ClarkeThomas Subject: Pre -Application Meeting - PL20200000546 - BCHD I CPUD (PUDZ) Attachments: Pre-App standard language for PUD's..docx Follow Up Flag: Follow up Flag Status: Flagged PUD Monitoring Comments. Laurie Beard Project Manager Collier County Capital Projects, Planning, Impact Fees & Program Management 2685 S. Horseshoe Drive, Suite 103 Naples, FL 34104 Laurie. BeardCa)CollierCountvFL.00v Phone: (239)-252-5782 W PROUDLYSERvlNG,.14 v�COLUER� Knrvv S-le t. 4 TTAC- 4•68 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. a. C. . Collier County Transportation Planning and PUD Monitoring Pre-App Notes Developer Commitments: PUD Monitoring "One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this CPUD approval, the Managing Entity is the Insert Company Name Here. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the CPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments." Transportation Planning " The maximum total daily trip generation for the PUD shall not exceed two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval." Miscellaneous "Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development." ClarkeThomas From: TempletonMark Sent: Monday, March 30, 2020 9:28 AM To: ClarkeThomas Subject: Pre-App Notes Attachments: Landscape Pre-app Notes for PL20200000546.pdf Follow Up Flag: Follow up Flag Status: Flagged Hi Thomas, Please find my notes for the pre-app held at 9 this morning Respectfully, Mark Templeton, RLA Principal Planner/Landscape Review Co per County Development Review Division Exceeding Expectations, Every Day! NOTE: Email Address Has Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.2475 -- 4rn-c h �&-r3 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! Disclaimer- this email is not to be interpreted as an endorsement or approval of any permit, plan, project, or deviation from the Land Development Code. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2. E Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Landscape: Label buffer types and widths on the master plan. 20' Type 'D' buffers along Immokalee Rd. and 4th street NE. Type 'B' buffers where abutting estates zoning. South buffer can be labeled as per LDC at time of SDP or plat. If the proposed project to the South is not approved prior to SDP or PPL for this project, the South buffer will be required to be a Type 'B'. des a.4 M 'mod„ iA`a dam: al' A• F1q" " w •i s 'e I ti �• 1 } �". f �• t ,�[ ,� y ;�i '�. '� ,�.S��S�_ �,T = � {, j 1�7,,j�� ¢ -��jyy ice'. �'•0•t�': '�::��n�'Fv.i.� �� -=`i.. ../' �4. '�• :V..>« /..�:'w+�'.+:d ir,.ra�s +'-`•f�tS.�. !o, ' ` 7 F ' INV. f 1 {� ,fir �•�'• � � • alb.: � '.�?? }' �; r •�'_ , t •t r -. AA � � t� . •..;�[� i � , it •� � i�' ,la a'� � 441P� t } 4 rl` � * •1` � Sj- -1 rq Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes 4.JL�.6 �A.NWf✓ COw.ptiW%��tiS� V a ��an�Nwu G IVdT-ci wt4_ B-C, IrOATh o .,.. ct% IL Z 3`f - Other required documentation for submittal (not listed on application): Disclaimer- Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 7/11/2019 Page 1 3 of 5 ClarkeThomas From: BrownCraig Sent: Monday, March 30, 2020 10:10 AM To: ClarkeThomas Subject: PL2020000546 BCHD Pre app notes. Follow Up Flag: Follow up Flag Status: Flagged Thomas, Here are my notes for the meeting this morning: Please provide Environmental Data: FLUCFCS Map, a Listed species survey. Please address CCME Objectives 6.1.1 and Objectives 7.1. The native vegetation preservation requirement is 15% preservation. Please address compliance with the Wellfield risk management overlay zone ( W-4) per LDC 3.06.03.(provide and exhibit for the project's location in relation to the wellfield overlay zone). (See attached checklist.) I will bring the checklist. Check the Environmental Data Fee $ 2,500. Craig Brown Senior Environmental Specialist Development Review Division (239) 252-2548. How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. P`. 3.A Environmental Data Checklist Project Name The Environmental Data requirements can be found in LDC Section 3.08.00 1. Provide the EIS fee if PUD or CU. WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Please include revision dates on resubmittals. Identify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district, provide an assessment in accordance with 3.05.07 F and identify on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff, consistent with State regulation. 4. SDP or final plat construction plans with impacts to five (5) or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre -development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies, and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. 5. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. 06. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, provide elevations within each of the FLUCFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. Provide when treated stormwater is being directed into preserves (#5 above). 7. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered 08. Provide a survey for listed plants identified in 3.04.03 09. Wildlife habitat management and monitoring plans in accordance with 3.04.00 shall be required where listed species are utilizing the site or where wildlife habitat management and monitoring plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed 3-g- species and their habitats. Identify the location of listed species nests, burrows, dens, foraging areas, and the location of any bald eagle nests or nest protection zones on the native vegetation aerial with FLUCFCS overlay for the site. Wildlife habitat management plans shall be included on the SDP or final plat construction plans. Bald eagle management plans are required for sites containing bald eagle nests or nest protection zones, copies of which shall be included on the SDP or final plat construction plans. Note: Not required at time of Land use petitions except for Bald Eagle Management Plans. Staff requests management plans for other species are only provided at time of Plat or SDP. 10. For sites or portions of sites cleared of native vegetation or in agricultural operation, provide documentation that the parcel(s) were issued a permit to be cleared and are in compliance with the 25 year rezone limitation pursuant to section 10.02.06. For sites permitted to be cleared prior to July 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the GMP. Criteria defining native vegetation and determining the legality, process and criteria for clearing are found in 3.05.05, 3.05.07 and 10.02.06. 11. Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. aProvide descriptions of each FLUCFCS code Provi calculations for the acreage of native vegetation required to be retained on -site. Demonstrate on map. Provide a companion chart. Include the above referenced calculations and aerials on the SDP or final plat construction plans. 12. Include on a separate site plan, the project boundary and the land use designations and overlays for the RLSA, RFMU, ST and ACSC-ST districts. Include this information on the SDP or final plat construction plans. 13. Where off -site preservation of native vegetation is proposed in lieu of on -site, demonstrate that the criteria in section 3.05.07 have been met and provide a note on the SDP or final plat construction plans indicating the type of donation (monetary payment or land donation) identified to satisfy the requirement. Include on the SDP or final plat construction plans, a location map(s) and property identification number(s) of the off -site parcel(s) if off -site donation of land is to occur. 14. Provide the results of any Environmental Assessments and/or Audits of the property, along with a narrative of the measures needed to remediate if required by FDEP. 15. Soil and/or ground water sampling shall be required at the time of first development order submittal for sites that occupy farm fields (crop fields, cattle dipping ponds, chemical mixing areas), golf courses, landfill or junkyards or for sites where hazardous products exceeding 250 gallons of liquid or 1,000 pounds of solids were stored or processed or where hazardous wastes in excess of 220 pounds per month or 110 gallons at any point in time were generated or stored. The amount of sampling and testing shall be determined by a registered professional with experience in the field of Environmental Site Assessment and shall at a minimum test for organochlorine pesticides (U.S. Environmental Protection Agency (EPA) 8081) and Resource Conservation and Recovery Act (RCRA) 8 metals using Florida Department of Environmental Protection (FDEP) soil sampling Standard Operating Procedure (SOP) FS 3000, in areas suspected of being used for mixing and at discharge point of water management system. Sampling should occur randomly if no points of contamination are obvious. Include a background soil analysis from an undeveloped location hydraulically upgradient of the potentially contaminated site. Soil sampling should occur just below the root zone, about 6 to 12 inches below ground surface or as otherwise agreed upon with the registered professional with experience in the field of Environmental Site Assessment. Include in or with the Environmental Site Assessment, the acceptable State and Federal pollutant levels for the types of contamination found on site and indicate in the Assessment, when the contaminants are over these levels. If this analysis has been done as part of an Environmental Audit then the report shall be submitted. The County shall coordinate with the FDEP where contamination exceeding applicable FDEP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. 16. Shoreline development must provide an analysis demonstrating that the project will remain fully functional for its intended use after a six-inch rise in sea level. 17. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested. 18. Where applicable, provide evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County. Include all state permits that comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 13, 2005. G Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to 3.06.00. Indicate that the petition is in compliance with 3.06.00 and does not propose any prohibited uses per LDC 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans. For land use applications such as standard and PUD rezones and CUs, provide a separate site plan or zoning map with the project boundary and Wellfield Risk Management Special Treatment Overlay Zones identified. 20. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. 21. For sites located in the Big Cypress Area of Critical State Concern -Special Treatment overlay district (ACSC- ST), show how the project is consistent with the development standards and regulations in 4.02.14. 22. For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with 5.05.02. Refer to the Manatee Protection Plan for site specific requirements of the Manatee Protection Plan not included in 5.05.02. 23. For development orders within RFMU sending lands, show how the project is consistent with each of the applicable Objectives and Policies of the Conservation and Coastal Management Element of the GMP. 24 The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. (LDC 10.02.02.A.3 f) The following to be determined at preapplication meeting: (Choose those that apply) Provide overall description of project with respect to environmental and water management issues. Explain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. CC) Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. d. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. 25. PUD zoning and CU petitions. For PUD rezones and CU petitions, applicants shall collate and package applicable Environmental Data Submittal Requirements into a single Environmental Impact Statement (EIS) 3•0- document, prior to public hearings and after all applicable staff reviews are complete. Copies of the EIS shall be provided to the County Manager or designee prior to public hearings. (2)6 Is EAC Review (by CCPC) required? YE 27. PUD master plan or PPL/SDP site plan notes (note requirements subject to change during review process) Type B or C Landscape Buffer (provide as Buffer commitment): Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. In order to provide the required (insert Type B or C) buffer, a minimum 6-foot-wide landscape buffer easement located outside of the preserve will be conveyed by owner to a homeowner's association or condominium association at time of SDP or plat approval. Owner will plant additional landscape material in the buffer easement to achieve the opacity requirement no later than one year from the issuance of the first residential certificate of occupancy. 3•IF-- Environmental PUDZ-PUDA Checklist (non-RFMU) Project Name GIs the project is in compliance with the overlays, districts and/or zoning on the subject site and/or the surrounding properties? (CON, ST, PUD, RLSA, RFMU, etc.) (LDC 2.03.05-2.03.08; 4.08.00) Not in CV Library Submit a current aerial photograph (available from the Property Appraiser's office) and clearly delineate the subject site boundary lines. If the site is vegetated, provide FLUCFCS overlay and vegetation inventory identifying upland, wetland and exotic vegetation (Admin. Code Ch. 3 G.1. Application Contents #24). j� FLUCFCS Overlay -P627 l 3� Clearly identify the location of all preserves and label each as "Preserve" on all plans. (LDC 3.05.07.H.1). �v Preserve Label- P546 4) Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on -site or mitigated off -site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.13-13; 3.05.07.17; 3.05.07.H. Ld-e). Preserve Calculation - P547 GCreated and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H.1.b. Preserve Width - P603 6. Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include all 3 strata, �/ be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors. (LDC 3.05.07.A.1-4) Preserve Selection- P550 b7. Principle structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within 10' of the boundary unless it can be shown that it will not affect the integrity of the preserve (i.e. stem wall or berm around wetland preserve). Provide cross -sections for each preserve boundary identifying all site alterations within 25'. (LDC 3.05.07.H.3; 6.01.02.C.) Preserve Setback — New 8. Wildlife survey required for sites where an EIS is not required, when so warranted. (LDC 10.02.02.A.2.f) Listed Species - P522 19� Provide Environmental Data identifying author credentials, consistency determination with the GMPs, off -site v preserves, seasonal and historic high water levels, and analysis of water quality. For land previously used for farm fields or golf course, provide soil sampling/groundwater monitoring reports identifying any site contamination. (LDC 3.08.00) Environmental Data Required — P 522 010. PUD Document and Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) Master Plan Contents-P626 @I. If the PUD includes a Preserve Tract section A. Principal Use: Preserve B. Accessory Uses: Uses subject to LDC section Allowable uses within County required preserves Alternate format. If the agent insists on listing specific uses under Accessory Uses, the following language shall be used for B: B. Passive uses are allowed within preserves to provide for access to the preserve, as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation or cause loss of function to the preserve. Passive uses are subject to LDC section Allowable uses within County required preserves: 1. Pathways 2. Stormwater only when in accordance with the LDC. 3. F• 12. Site Plan note when Preserve acts as Landscape Buffer — COORDINATE WITH LANDSCAPE REVIEW. They will need to request this note be added if applicable. However, please verify the note is provided when applicable to ensure 1) the preserve is protected and 2) the note is correct. Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document or master plan: Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. Do not include this as an Environmental Commitment. If Landscape Review wants to include as a commitment, it shall go into a Buffer section. 13. PUD Document shall identify any listed species found on site and/or describe any unique vegetative features that will be preserved on the site. (LDC 10.02.13.A.2.) Unique Features- P628 Example: A management plan for the entire project shall be submitted in accordance with the requirements and procedures of the LDC for listed species including but not limited to Black Bear, Gopher Tortoise and listed birds. The management plan shall be submitted prior to development of the first phase of the project. 14. Review cross -sections if provided; they are not required with the PUD. However, sometimes they are provided. Is there any fill proposed in the preserve? Additional Comments: 3.G- Colder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 20200000546 Collier County Contact Information: Name Review Discipline Phone Email ❑ David Anthony Environmental Review 252-2497 david.anthony@colliercountyfl.gov ❑ Claudine Auclair GMD Operations and Regulatory Management 252-5887 claudine.auclair@colliercountyfl.gov ❑ Sally Ashkar Assistant County Attorney 252-8842 sally.ashkar@colliercountyfl.gov ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov Q� Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov C�Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov ?� Craig Brown Environmental Specialist 252-2548 craig.brown@colliercountyfl.gov ❑ Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanova@colliercountyfl.gov ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov Thomas Clarke Operations Coordinator 252-2584 thomas.clarke@colliercountyfl.gov ❑ Jamie Cook Prin. Environmental Specialist 252-6290 Jaime.cook@colliercountyfl.gov Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov R"Tim Finn, AICP Zoning Division 252-4312 timothy.finn@colliercountyfl.gov � Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov ❑ Jeremy Frantz LDC Manager 252-2305 Jeremy.Frantz@colliercountyfl.gov ❑ James French Growth Management Deputy Department Head 252-57171 james.french@colliercountyfl.gov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov El Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov ❑ Nancy Gundlach, AICP, PLA Zoning Division 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Richard Henderlong Principal Planner 252-2464 richard.henderlong@colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov ❑ {��s Environmental Specialist, Senior 252-2915 erin.josephitis@colliercountyfl.gov ❑ Marcia Kendall Comprehensive Planning 252-2387 marcia.kendall@colliercountyfl.gov ❑ John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov ❑ Diane Lynch Operations Analyst 252-8243 diane.lynch@colliercountyfl.gov ❑ Gil Martinez Zoning Principal Planner 252-4211 gilbert.martinez@colliercountyfl.gov ❑ Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov Updated 7/11/2019 Page 1 4 of 5 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 ❑ Jack McKenna, P.E. Engineering Services 252-2911 jack.mckenna@colliercountyfl.gov ❑ Matt McLean, P.E. Development Review Director 252-8279 matthew.mclean@colliercountyfl.gov ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Annis Moxam Addressing 252-5519 annis.moxam@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 rchard.orth@colliercountyfl.gov ❑ Brandy Otero Transit 252-5859 brandy.otero@colliercountyfl.gov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov ❑ James Sabo, AICP Zoning Principal Planner 252-2708 james.sabo@colliergo.net ER" -Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov ❑ Chris Scott, AICP Development Review - Zoning 252-2460 chris.scott@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov ❑ Camden Smith Zoning Operations Manager 252-1042 camden.smith@colliercountyfl.gov ❑ Mark Strain Hearing Examiner/CCPC 252-4446 mark.strain@colliercountyfl.gov Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Jessica Velasco Zoning Division Operations 252-2584 jessica.velasco@colliercountyfl.gov ❑ Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov ❑ David Weeks, AICP Comprehensive Planning Future Land Use Consistency 252-2306 david.weeks@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire 252-2310 Daniel.Zunzunegui@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email L3Q n,nipL{ G121�D � t� o rL wAn.�vo� � �sf1.. wQ�L'4-y I f2 A Gn.IO<MJAj- 6,cri,c, , Updated 7/11/2019 Page 1 5 of 5 , co'& 0 —A Collier County Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20200000546 — BCHD I CPUD (PUDZ) — Tim Finn PRE-APP Assigned Ops Staff: Amanda Martin Jessica Velasco,(Ops Staff) STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Sharon Umpenhour / 239-947-1144 / sumpenhour@gradyminor.com • Agent to list for PL# D. Wayne Arnold, AICP for Q. Grady Minor & Associates, P.A. Noel J. Davies, Attorney for Quarles & Brady LLP "Please copy Sharon Umpenhour (sumpenhour@gradyminor.com) on all emails pertaining to this project. • Owner of property (all owners for all parcels) Parcel ID: 37698440003 Name: BCHD PARTNERS I LLC Parcel ID: 37698480005 Name: BCHD PARTNERS I LLC Parcel ID: 37698360002 Name: BCHD PARTNERS I LLC Parcel ID: 37698520004 Name: BCHD PARTNERS I LLC • Confirm Purpose of Pre-App: (Rezone, etc.) PUD Rezone Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): Rezone from Estates to BCHD I Commercial Planned Unit Development (CPUD) to allow a maximum of 200,000 square feet of gross floor area for uses permitted by right and by conditional use in the C-4 Zoning District. • Details about Project: This project is related to Petition PL20160000221/CP-2018-4, proposed Immokalee Road -Estates Commercial Subdistrict Zaang Division • 2800 Nash Horseshoe Drive • Naples, Florida 34104.239-252-2400 • wwr.collergov.net REQUIRED Supplemental Information provided by: Sharon Umpenhour Senior Planning Technician sumpenhour@gradyminor.com 239-947-1144 Cancellation/Reschedule Requests: Contact Danny Condom ina-Client Services Supervisor danny.condomina@colliercountyfl Phone: 239-252-6866 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information Zoning Division • 2800 North Horseshoe Drive - Naples, Florida 34104. 23,cl-252-2400 • www.coliwjov.net Immokalee Road -Estates Commercial Subdistrict (PL2O16OOOO221) Exhibit IV.B Amendment Language Policy 1.1.2: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: *** *** *** *** *** Text break *** *** *** *** *** B. ESTATES —COMMERCIAL DISTRICT *** *** *** *** *** Text break *** *** *** *** *** B. Estates —Commercial District [beginning page 30] *** *** *** *** *** Text break *** *** *** *** *** 8. Immokalee Road -Estates Commercial Subdistrict This Subdistrict is approximately 20± acres in size and is located on the west side of Immokalee Road, north of Randall Boulevard and south of Oil Well Road. The Immokalee Road -Estates Commercial Subdistrict is intended to provide a variety of retail and office land uses. Development within the Subdistrict shall be subiect to the following: a. The subdistrict shall be rezoned to a Planned Unit Development (PUD). b. The rezone Ordinance must include standards for a common architectural theme as well as development standards and buffers to insure compatibility with surrounding properties. c. Allowable uses shall be limited to those permitted by right and by conditional uses in the C-4, Commercial General zoning district, as listed in the Collier County Land Development Code, Ordinance No. 04-41, as amended. d. Development is limited to a maximum intensity of 200,000 square feet of gross floor area. December 6, 2019 Page 1 of 1 IR15PUD Exhibit IVB-rev3.docx © GradyNlinor Chi I h:m inccrs • Land SimeNors • i9111ners • Landscape ,lrrhileclr' ��ier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the 10 CI I.CIIIdr'C UI JUL!I HILerest: I Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the erceniage oT stocK owned by each: Name and Address % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the >ercentage of interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 Colter Count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the e f 9. enerai ana/or iimitea partners: Name and Address % of Ownership 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 ..., a 1v laci>, AJCI IC IUldI ICJ, UI Pdf Lf ICf S: Name and Address % of Ownershin Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or 0 I IL to J, II d corporation, partnersnlp, or trust: Name and Address Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Agent/Owner Name (please print) Date Created 9/28/2017 Page 3 of 3 Cor County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfI.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 � ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 19 ❑ Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 ❑ List Identifying Owner and all parties of corporation 1 ® ❑ Signed and sealed Boundary Survey 1 ❑ Architectural Rendering of proposed structures 1 ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ® ❑ Statement of Utility Provisions 1 ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 ,1❑ ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ 0 ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ ❑ Traffic Impact Study 1 ® ❑ Historical Survey 1 ❑ School Impact Analysis Application, if applicable 1 ❑ Electronic copy of all required documents 1 ❑ Completed Exhibits A-F (see below for additional information)' ❑ ® ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) El Checklist continues on next page February 1, 2019 Page 9 of 11 Cor County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %2" x 11" copy ❑ ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD E] ❑ Revised PUD document with changes crossed thru & underlined 1 ❑ �' Copy of Official Interpretation and/or Zoning Verification 1 ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: Exhibit A: List of Permitted Uses E� Exhibit B: Development Standards {� Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code k1 Exhibit D: Legal Description B' Exhibit E: List of Requested LDC Deviations and justification for each t� Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE Fnl I nWING RFVIFWFRS- ❑School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnson Utilities Engineering: Eric Fey ® Parks and Recreation: Barry Williams (Director) ® Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director Other: ill ## 6US ► C(tP4F_ uO,v4 ❑ I City of Naples Utilities [ Other: j 6 (, tVom, ASSOCIATED FEES FOR APPLICATION I 0< Pre -Application Meeting: $500.00 �< PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 �Ak ❑ Listed or Protected Species Review (when an EIS is not required): $1,000.00 IV Transportation Review Fees:- Aitnoib•LaVI W i(,� a� ay @,uA« 1-6 S%rF SVA MiK.e 54wy4-,,µV_drvVG N'61Qs . o Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 February 1, 2019 Page 10 of 11 Cor County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Legal Advertising Fees: CCPC: $1,125.00 7BCC: $500.00 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ❑ School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5" and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent Printed named of signing party Date February 1, 2019 Page 11 of 11 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20200000546 Bradley A. Boaz. Chief Financial Officer of Barron Collier Management, LLC (print name), as Authorized Agent of Creekside West, Inc., Manager (title, If applicable) of BCHD Partners I, LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner=applicant contract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize David Genson, Q. Grady Minor & Assoc, P.A. and Davies Duke, PLLC to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member. " • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the `general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. / ignature — Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of Ophysical presence or rl online notarization this day of �cr.1, L r' U 20�, by (printed name of owner or qualifier) �? <L1�, r . } Such person(s) Notary Public must check applicable box: 1Are personally known to me a<rRVNc SABINA E. HARDY Q Has produced a current drivers license w. *; MYCOMMISSION # t;G 287225 m pa EXPIRES: January 14, 2023 0 Has produced as identification. nnndedThruNotary PubkUndefwriters Notary Signature: CP\08-COA-00115\155 REV 3/4/2020 ACTION BY UNANIMOUS CONSENT AND DESIGNATION OF AUTHORITY OF CREEKSIDE WEST, INC Effective as of January 1, 2015 The undersigned, being all of the shareholders (the "Shareholders") of Creekside West, Inc, a Florida corporation (the "Corporation'), who would be entitled to vote upon the actions hereinafter set forth at a meeting of the Shareholders of the Corporation, do hereby adopt and consent to the following actions to the same extent, and with the same force and effect, as if adopted at a meeting of all of the Shareholders of the Corporation: 1. This Action By Unanimous Consent and Designation of Authority (the "Designation") hereby supersedes any and all designations of authority executed and adopted by the Shareholders on behalf of the Corporation prior to the date hereof (collectively, "Prior Designations") and the Shareholders hereby revoke any and all such Prior Designations. This Designation shall remain in full force and effect until revoked in writing by the Shareholders. 2. The Shareholders unanimously consent to Barron Collier Management, LLC, a Florida limited liability company being named the authorized agent of the Corporation ("Authorized Agent") in accordance with the terms hereof and consent to the grant of authority to the officers of Barron Collier Management, LLC in accordance with the Statement of Authority of Barron Collier Management, LLC as filed pursuant to Section 605.0302(1), Florida Statutes and recorded in the Official Records of Collier County, Florida at O.R. Book 5108, Page 2218 as such Statement of Authority may be amended from time to time. 3. All instruments of conveyance, mortgages, contracts, instruments and documents executed by Barron Collier Management, LLC, in its capacity as Authorized Agent of the Corporation, shall be deemed to have been properly authorized by all appropriate actions made by all of the Shareholders. Further, all instruments of conveyance, mortgages, contracts, instruments and documents (and any amendments, modifications and/or supplements thereto) executed by Barron Collier Management, LLC, in its capacity as the Authorized Agent of the Corporation, shall be binding upon the Corporation. This Designation may be executed in any number of counterparts, each of which shall be deemed an original instrument, and said counterparts shall constitute but one and the same instrument which may be sufficiently evidenced by one counterpart. The undersigned Shareholders do hereby unanimously agree, consent and affirm that the actions authorized in this Designation shall have the same force and effect as if taken at a duly constituted meeting of the Shareholders of the Corporation, hereby waive all formal requirements, including the necessity of holding a formal or informal meeting, and any requirement that notice be given, and hereby direct that this Designation be made a part of the minutes of the Corporation. BRRON COLLIER CO FILE NUMBER 01140277.2CW 1 1 83-1 i� t_ By: R. Blakeslee Gable A Shareholder By: M. Wells Gable A Shareholder By: Christopher D. Villere A Shareholder By: Lamar G. Villere A Shareholder By: Mathilde V. Currence By: Ak ' l Phyllis . Alden A Shar older Klatherine G. Sproul A Shareholder By: Juliet A. Sproul A Shareholder By: e ifer S. ullivan . A Shareholder �7 Juliet C. Sproul A Shareholder 1998 BARRON COLLIER III IRREVOCABLE CHILDREN'S TRUST A Shareholder B " Juliet C. Sproul, Trus ee 2 OI 140277.2 CW BARRON COLLIER CO FILE NUMBER 11$S-1 By: R. Blakeslee Gable A Shareholder By: M. Wells Gable A Shareholder M Christopher D. Villere A Shareholder By: Lamar G. Villere A Shareholder By: Mathilde V. Currence A Shareholder By: Phyllis G. Alden A Shareholder By: Katherine G. Sproul A Shareholder By: Juliet A. Sproul A Shareholder By: Jennifer S. Sullivan A Shareholder By: Juliet C. Sproul A Shareholder 1998 BARRON COLLIER III IRREVOCABLE CHILDREN'S TRUST A Shareholder wM Juliet C. Sproul, Trustee z BARRON COLLIER CO FILE NUMBER 118 3-1 0 1140277.2 Cw R. Blakeslee Gable A Shareholder By: M. Wells Gable Shareholder By: L,- Christ4pher D. Villere A Shareholder By: Lamar G. Villere A Shareholder By: Mathilde V. Currence A Shareholder By: Phyllis G. Alden A Shareholder By: Katherine G. Sproul A Shareholder By: Juliet A. Sproul A Shareholder By: Jennifer S. Sullivan A Shareholder By: Juliet C. Sproul A Shareholder 1998 BARRON COLLIER III IRREVOCABLE CHILDREN'S TRUST A Shareholder M. Juliet C. Sproul, Trustee 2 OI 140277.2 CW BARRON COLLIER CO FILE NUMBER 1 1 8 3-► By: R. Blakeslee Gable A Shareholder By: M. Wells Gable A Shareholder By: Christopher D. Villere A Shareholder By: Lamar G. Villere A Shareholder By: Mathilde V. Currence A Shareholder By: Phyllis G. Alden A Shareholder By: Katherine G. Sproul A Shareholder By: Juliet A. Sproul A Shareholder By: Jennifer S. Sullivan A Shareholder By: Juliet C. Sproul A Shareholder 1998 BARRON COLLIER III IRREVOCABLE CHILDREN'S TRUST A Shareholder Juliet C. Sproul, Trustee BARRON COLLIER CO FILE NUMBER 2 \ 5 3-1 0I 140277.2 CW By: R. Blakeslee Gable A Shareholder M. Wells Gable A Shareholder Christopher D. Villere A Shareholder By: Lamar G. Villere A Shareholder By: Mathilde V. Currence A Shareholder By: Phyllis G. Alden A Shareholder By: Katherine G. Sproul A Shareholder By: Juliet A. Sproul A Shareholder By: Jennifer S. Sullivan A Shareholder Juliet C. Sproul A Shareholder 1998 BARRON COLLIER III IRREVOCABLE CHILDREN'S TRUST A Shareholder Juliet C. Sproul, Trustee 2 0 1140277.2 CW EBARR7ONCOLLIER CO BER Z By: R. Blakeslee Gable A Shareholder By: IM M. Wells Gable A Shareholder Christopher D. Villere A Shareholder By: Lamar G. Villere A Shareholder By: Mathilde V. Currence A Shareholder By: Phyllis G. Alden A Shareholder By: Katherine G. Sproul hareholder %� By. a- iet A. Sproul A Shareholder am am Jennifer S. Sullivan A Shareholder Juliet C. Sproul A Shareholder 1998 BARRON COLLIER III IRREVOCABLE CHILDREN'S TRUST A Shareholder Juliet C. Sproul, Trustee f3ARRON COLLIER CO FILE NUMBER z 118 -S-1 of 140277.2 CW JULIET C SPROUL FAMILY INHERITANCE TRUST A Shareholder By: Patrick R. George, Trustee OI 140277.2 CW BARRON COLLIER CO FILE NUMBER 1 1 b 3-1 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership N.A. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address BCHD Partners I LLC 2600 Golden Gate Parkway Naples, FL 34105 Manager Creekside West, Inc. 2600 Golden Gate Parkway Naples, FL 34105 1998 Barron Collier III Irrevocable R. Children's Trust Blakeslee Gable M. Wells Gable Juliet C. Sproul Family Inheritance Trust Christopher Villere Lamar Villere Mathilde V. Currence % of Ownership 100% 50% 17.56611% 15.90492% 15.90492% 14.38303% 8.90424% 8,90424% 8.90424% Created 9/28/2017 Page 1 of 3 Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Phyllis G. Alden Jennifer S. Sullivan Juliet A. Sproul Katherine G. Sproul Juliet C. Sproul General Partner Immokalee Retail, LLC 2600 Golden Gate Parkway Naples, FL 34105 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 6.34522% .94653 % .94653 % .94653% .34348 % 50% Daniel Plughes and Beth Hughes, as tenants by the entireties 35.126% Thomas Londres 15.90492% Stephen Niggeman 20.500% Paul Rumley 20.500% Daniel Brickner 8.874% Joseph Dougherty 5.000% C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the l �rcentage oT interest: Name and Address % of Ownership N.A. d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the eneral and/or limited partners: 7 Name and Address % of Ownershin N.A. 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, includingthe officers, stockholders, beneficiaries, or partners: Created 9/28/2017 Page 2 of 3 1�p Co e-r County 9. h COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliernoy.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Name and Address I % of Ownership N.A. Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, ortrust: Name and Address N.A. Date subject property acquired 2008 and 2004 ❑Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: . or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final publichearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Created 9/28/2017 Page 3 of 3 CAe'r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 ��io,�ZDZO Agent/Owner Si ature Date Bradley A. Boaz, Chief Financial Officer of Barron Collier Management, LLC, Authorized Agent of Creekside West, Inc., Manager of BCHD Partners I, LLC. Agent/Owner Name (please print) Created 9/28/2017 Page 4 of 3 CAT Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Parcel I.D. Numbers 37698360002, 37698440003, 37698480005 and 37698520004 Immokalee Road (Street address and City, State and Zip Code) and legally described in ExhibitA attached hereto. The property described herein is the subject of an application for Commercial planned unit development (CPUD) zoning. We hereby designate Q. Gradv Minor & Associates. P.A. and Davies Duke, PLLC, legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Manaser of BCHD Partners I, LLC. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of Ohysical presence or ❑online notarization this day of. ,_:,,(a . 2021, by (printed name of owner or qualifier) Such-person(s) Notary Public must check applicable box: QAre personally known to me ❑Has produced a current driver's license «""••.'''- SABINAE. HARDY ❑ Has produced as identification. ;,; My COMMISSION#GG287225 • P EXPIRES: January 14, 2023 Notary Signature: 1 . Bonded Thu NoLlry Public uadff"em March 4, 2020 Page 8 of 11 EXHIBIT A PARCEL 1: THE NORTH 180 FEET OF TRACT NO. 116, GOLDEN GATE ESTATES, UNIT NO. 22, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 83-84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2: TRACT 118, GOLDEN GATE ESTATES, UNIT NO. 22, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 83-84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THAT PORTION TAKEN FOR ROAD RIGHT OF WAY PURSUANT TO ORDER OF TAKING RECORDED IN O.R. BOOK 3111, PAGE 500, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF TRACT 118, GOLDEN GATE ESTATES, UNIT NO. 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID TRACT 118; THENCE SOUTH 01'30'15" EAST, FOR A DISTANCE OF 172.46 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS SOUTH 88°32'50" WEST, A DISTANCE OF 2,814.93 FEET THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2,814.93 FEET, THROUGH A CENTRAL ANGLE OF 03°12'32", SUBTENDED BY A CHORD OF 157.83 FEET AT A BEARING OF SOUTH 00°09'06" WEST, FOR AN ARC LENGTH OF 157.65 FEET TO THE END OF SAID CURVE, AND THE SOUTHEASTERLY CORNER OF SAID TRACT 118; THENCE NORTH 89°40'50" WEST, ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT 118, FOR A DISTANCE OF 50.10 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS NORTH 87°51'02" WEST, A DISTANCE OF 2,769.79 FEET THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2,769.79 FEET, THROUGH A CENTRAL ANGLE OF 03°38'39", SUBTENDED BY A CHORD OF 176.14 FEET AT A BEARING OF NORTH 00°19'38" EAST, FOR AN ARC LENGTH OF 176.17 FEET TO THE END OF SAID CURVE; THENCE NORTH 01°30'15" WEST, FOR A DISTANCE OF 153.94 FEET; THENCE SOUTH 89°40'50" EAST, ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 118, FOR A DISTANCE OF 49.00 FEET, TO THE POINT OF BEGINNING. PARCEL 3: ALL OF TRACT 119, GOLDEN GATE ESTATES, UNIT NO. 22, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 83-84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THE EASTERLY 49.00 FEET TAKEN FOR ROAD RIGHT OF WAY PURSUANT TO ORDER OF TAKING RECORDED IN O.R. BOOK 3111, PAGE 500, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 4: ALL OF TRACT 120, GOLDEN GATE ESTATES UNIT NO. 22, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THE EASTERLY 49.00 FEET AS DESCRIBED IN THAT CERTAIN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 3111, PAGE 485 AND STIPULATED FINAL JUDGMENT RECORDED IN OFFICIAL RECORDS BOOK 3431, PAGE 993. 19.13 ACRES MORE OR LESS (AS MEASURED) Cor County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ADDRESSING CHECKLIST 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please complete the following and email to GMD—Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre -application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) 0 PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Please see attached (S22, T48, R27) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 37698360002, 37698440003, 37698480005 and 37698520004 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) • 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 unplatted properties) CURRENT PROJECT NAME (if applicable) PROPOSED PROJECT NAME (if applicable) BCHD I CPUD(Proj ect Name not yet approved) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP-- orARorPL# PL20200000546 Rev. 6/9/2017 Page 1 of 2 C0 ler County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Return Approved Checklist By: E Email Applicant Name: Sharon Umpenhour Phone: ❑ Fax ❑ Personally picked up Email/Fax: Sumpenhour(@aradvminor.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 37698360002 Folio Number 37698440003 Folio Number 37698480005 Folio Number 37698520004 Folio Number Folio Number Approved by: V Date: 9/ 3/ 2 0 2 0 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev. 6/9/2017 Page 2 of 2 EXHIBIT D BCHD I CPUD LEGAL DESCRIPTION PARCEL 1: THE NORTH 180 FEET OF TRACT NO. 116, GOLDEN GATE ESTATES, UNIT NO. 22, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 83-84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2: TRACT 118, GOLDEN GATE ESTATES, UNIT NO. 22, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 83-84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THAT PORTION TAKEN FOR ROAD RIGHT OF WAY PURSUANT TO ORDER OF TAKING RECORDED IN O.R. BOOK 3111, PAGE 500, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF TRACT 118, GOLDEN GATE ESTATES, UNIT NO. 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID TRACT 118; THENCE SOUTH 01°30'15" EAST, FOR A DISTANCE OF 172.46 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS SOUTH 88°32'50" WEST, A DISTANCE OF 2,814.93 FEET THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2,814.93 FEET, THROUGH A CENTRAL ANGLE OF 03°12'32", SUBTENDED BY A CHORD OF 157.83 FEET AT A BEARING OF SOUTH 00°09'06" WEST, FOR AN ARC LENGTH OF 157.65 FEET TO THE END OF SAID CURVE, AND THE SOUTHEASTERLY CORNER OF SAID TRACT 118; THENCE NORTH 89°40'50" WEST, ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT 118, FOR A DISTANCE OF 50.10 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS NORTH 87°51'02" WEST, A DISTANCE OF 2,769.79 FEET THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2,769.79 FEET, THROUGH A CENTRAL ANGLE OF 03°38'39", SUBTENDED BY A CHORD OF 176.14 FEET AT A BEARING OF NORTH 00°19'38" EAST, FOR AN ARC LENGTH OF 176.17 FEET TO THE END OF SAID CURVE; THENCE NORTH 01°30'15" WEST, FOR A DISTANCE OF 153.94 FEET; THENCE SOUTH 89°40'50" EAST, ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 118, FOR A DISTANCE OF 49.00 FEET, TO THE POINT OF BEGINNING. PARCEL 3: ALL OF TRACT 119, GOLDEN GATE ESTATES, UNIT NO. 22, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 83-84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THE EASTERLY 49.00 FEET TAKEN FOR ROAD RIGHT OF WAY PURSUANT TO ORDER OF TAKING RECORDED IN O.R. BOOK 3111, PAGE 500, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 4: ALL OF TRACT 120, GOLDEN GATE ESTATES UNIT NO. 22, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THE EASTERLY 49.00 FEET AS DESCRIBED IN THAT CERTAIN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 3111, PAGE 485 AND STIPULATED FINAL JUDGMENT RECORDED IN OFFICIAL RECORDS BOOK 3431, PAGE 993. 19.13 ACRES MORE OR LESS (AS MEASURED) PL20200000546, BCHD I CPUD Exh A-F DRAFT docx June 9, 2020 Page 7 of 10 Collier County Property Appraiser Property Summary Parcel No. 137698360002 1 Site Adr. Name / Address ' BCHD PARTNERS I LLC % DAVID GENSON 2600 GOLDEN GATE PKWY City NAPLES State I FL Zip 3410 Map No. Strap No. Section Township Range Acres *Estimated 3C22 332500 116 13C22 22 48 27 2.73 Legal I GOLDEN GATE EST UNIT 22 N 180FT OF TR 116 OR 294 PG 62 Milla a Areas 285 Milla a Rates v *Calculations Sub./Condo 332500 - GOLDEN GATE EST UNIT 22 School Other Total Use Code A 0 - VACANT RESIDENTIAL 5., 8.3384 13.4604 Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book -Page Amount 02/19/16 5243-2746 $ 1,659,000 08/21/15 5187-56 $ 65,000 2017 Certified Tax Roll (Subiect to Change) Land Value $ 40,336 (+) Improved Value $ 0 (_) Market Value $ 40,336 (_) Assessed Value $ 40,336 (_) School Taxable Value $ 40,336 (_) Taxable Value $ 40,336 If all Values shown above equal 0 this parcel was created after the Final Tax Roll Collier County Property Appraiser Property Summary Parcel No. 137698440003 1 Site Adr. FName / Address BCHD PARTNERS I LLC % DAVID GENSON 2600 GOLDEN GATE PKWY City NAPLES I State I FL I Zip 3410 Map No. Strap No. Section Township Range Acres *Estimated 3C22 332500 118 03C22 22 48 27 5.69 Legal RGOLDEN GATE EST UNIT 22 TR 118 OR 1106 PG 403, LESS THAT PORTION FOR Milla a Areas 285 Milla a Rates O *Calculations Sub./Condo 332500 - GOLDEN GATE EST UNIT 22 School Other Total Use Code v 0 - VACANT RESIDENTIAL 5.122 8.3384 13.4604 Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book -Page Amount 02/19/16 5243-2746 $ 1,659,000 06/18/15 5165-2486 $ 743,600 11/07/08 4406-1840 $ 100 10/01/84 1106-403 $ 8,500 10/01/84 1 1106-402 $ 0 2017 Certified Tax Roll (Subject to Change) (+) (_) Land Value Improved Value Market Value $ 112,093 $ 0 $ 112,093 (_) Assessed Value $ 112,093 (_) School Taxable Value $ 112,093 (_) Taxable Value $ 112,093 If all Values shown above equal 0 this parcel was created after the Final Tax Roll Collier County Property Appraiser Property Summary Parcel No. 137698480005 1 Site Adr. FName / Address BCHD PARTNERS I LLC % DAVID GENSON 2600 GOLDEN GATE PKWY City NAPLES I State I FL I Zip 3410 Map No. Strap No. Section Township Range Acres *Estimated 3C22 332500 119 03C22 22 48 27 5.62 Legal GOLDEN GATE EST UNIT 22 TR 119, LESS THE EASTERLY 49 FT FOR R/W AS DESC IN OR 3111 PG 0500 Milla a Areas 285 Milla a Rates O *Calculations Sub./Condo 332500 - GOLDEN GATE EST UNIT 22 School Other Total Use Code v 0 - VACANT RESIDENTIAL 5.122 8.3384 13.4604 Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book -Page Amount 02/19/16 5243-2746 $ 1,659,000 06/18/15 5166-222 $ 734,500 12/17/14 5112-1664 $ 0 07/24/01 2864-2672 $ 0 05/16/01 2825-2402 $ 0 02/12/01 2776-1644 $ 65,000 07/24/87 1284-722 $ 19,500 2017 Certified Tax Roll (Subject to Change) (+) (_) Land Value Improved Value Market Value $ 110,714 $ 0 $ 110,714 (_) Assessed Value $ 110,714 (_) School Taxable Value $ 110,714 (_) Taxable Value $ 110,714 If all Values shown above equal 0 this parcel was created after the Final Tax Roll Collier County Property Appraiser Property Summary Parcel No 137698520004 1 Site Address Site City I Site Zone *Note Name/Address BCHD PARTNERS I LLC 2600 GOLDEN GATE PKWY ATTN: DAVIS GENSON City, NAPLES State I FL I Zip 34105 Map No. Strap No. Section Township Range I Acres *Estimated 3C22 332500 120 03C22 22 48 1 27 1 5.54 Legal GOLDEN GATE EST UNIT 22 TR 120 LESS THAT PORTION FOR R/W AS DESC IN OR 3111 PG 485. Mill -age Area • 285 Milla a Rates • *Calculations Sub./Condo 332500 - GOLDEN GATE EST UNIT 22 School Other Total Use Code • 0 - VACANT RESIDENTIAL 5.049 8.3222 13.3712 Latest Sales History (Not all Sales are listed due to Confidentialitv) Date Book -Page Amount 04/29/19 5623-3977 $ 500,000 03/01/87 1257-1853 $ 0 09/01/86 1217-896 $ 20,000 09/01/86 1217-895 $ 0 09/01/86 1217-894 $ 0 2018 Certified Tax Roll Land Value +) Improved Value (_) Market value (-> 10% Cap $ 75,608 (_) Assessed Value $ 52,643 (_) School Taxable Value $ 128,251 (_) Taxable Value $ 52,643 If all Values shown above equal 0 this parcel was created after the Final Tax Roll INSTR 5230469 OR 5243 PG 2746 RECORDED 2/19/2016 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER DOC@.70 $11,613.00 REC $27.00 CONS $1,658,941.76 4:20 PM PAGES 3 COUNTY FLORIDA Prepared by: Matthew L. Grabinski, Esq. COLEMAN, YOVANOVICH & KOESTER, P.A. 4001 Tamiami Trail North Suite #300 Naples, Florida 34103 239-435-3535 After Recording Return To: Brad Stockham Collier Insurance Agency, LLC 2600 Golden Gate Parkway Naples, Florida 34105 239-262-2600 Consideration: $1,658,941.76 Above This Line For Recording FORM - SECTION This Indenture made this Ian" day of*ibi Pennsylvania limited liability company whose Township of Collier, County of Elleg ttq; Partners I, LLC, a Florida limited li Y' ility col Attn: David Genson, 2600 Golden' iku3 Witnesseth that said grantor, for and'-,(' consideration of the suji other good and valuable considerations t -aid, grantor in hand p acknowledged, has granted, bargained, d sold to the said gra: following described land, situate, lying and g ii;Gollier.Gou See attached Exhibit "A" owd, Management Services L.L.C., a IS 107 Cherry Hill Drive, Presto, of the n�lvaoia 15142, grantor*, and BCHD qfce�laddfess is Barron Collier Companies, NO/100 DOLLARS ($10.00) and antee, the receipt whereof is hereby Itee's heirs and assigns forever, the to -wit: Subject to: (a) ad valorem real property taxes for the year 2016 and subsequent years; (b) zoning, building code and other use restrictions imposed by governmental authority; (c) outstanding oil, gas and mineral interests of record, if any; and (d) restrictions, reservations, and easements common to the subdivision, if any. Tax ID Numbers: 37698360002, 37698440003 and 37698480005 and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. {Signature Block on Following Page} OR 5243 PG 2747 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witness Name: Witness Name: State of F f County of L v i i e.. The foregoing instrument was ackrowi ` g, Vice President of Crown Managemeng' SCO as i [Notary Seal] MATTNEIN ARl1e�Mm, N0W purge - 9Ub of Fb0 COM M=!be i FF 921V �a My COM. ExptrN im 20, 21 „�Y•`O 8aidedthrou� Nd"k Crown Management Services L.L.C., a Pennsylvania limited liability company By: o e4A�Cro�wn, Vice President f February, 2016 by Robert A. Crown, [lly !known to me or L] has produced ,—.1 Matthew L Grabinski Commission Expires: *** OR 5243 PG 2748 *** EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: The North 180 feet of Tract No. 116, GOLDEN GATE ESTATES, Unit No. 22, according to the plat thereof recorded in Plat Book 7, Pages 83-84, of the Public Records of Collier County, Florida. Parcel 2: Tract 118, GOLDEN GATE ESTATES, Unit No. 22, according to the plat thereof recorded in Plat Book 7, Pages 83-84, of the Public Records of Collier County, Florida, LESS that portion taken for road right of way pursuant to Order of Taking recorded in O.R. Book 3111, Page 500, of the Public Records of Collier County, Florida, more particularly described as follows: A Portion of Tract 118, GOLDEN GATE ESTATES, Unit No. 22, according to the plat thereof as recorded in Plat Book 7, Page 84, of the Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the Northeasterly corner of said Tract 118; thence South 01 °30' 15" East, for a distance of 172.46 feet to a point on a circular curve, concave Westerly, whose radius point bears South 88°32'50" West, a distance of 2,814.93 feet therefrom; thence run Southerly, along the are of said curve to the right, having a radius of 2,814.93 feet, through a central angle of 03°12'32", subtended by a chord of 157.83 feet at a bearing of South 00109'06" West, for an arc length of 157.65 feet to the end of said curve, and the Southeasterly corner of said Tract 118; thence North 89°40'50" West, along the Southerly Boundary of said Tract 118, for a distance of 50.10 feet to a point on =,-urve- ooncave Westerly, whose radius point bears North 87°51'02" West, a distance of 2,769.79 feet there along the arc of said curve to the left, having a radius of 2,769.79 feet, through a central an le"�''. 91, sum chord of 176.14 feet at a bearing of North 00° 19'38" East, for an arc length of 176.17 fe ttj end of said curve; the 01 °30' 15" West, for a distance of 153.94 feet; thence South 89°40'50" East, along t No dary of said Tract 18, r a distance of 49.00 feet, to the POINT OF BEGINNING. __ - J-1 Parcel 3: All of Tract 119, GOLDEN Pages 83-84, of the Public Records of G to Order of Taking recorded in O.R. Bo plat thereof recorded in Plat Book 7, A taken for road right of way pursuant per County, Florida. INSTR 5705299 OR 5623 PG 3977 RECORDED 4/30/2019 10:45 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $3,500.00 REC $18.50 CONS $500,000.00 THIS DOCUMENT WAS PREPARED WITHOUT OPINION OF TITLE BY: Matthew L. Grabinski, Esq. Coleman, Yovanovich & Koester, P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 Folio No.: 37698520004 WARRANTY DEED THIS WARRANTY DEED,n married man, and Consiglio N. Glyuga A e, a married riiaz Partners I, LLC, a Florida limit 4ial ,iity company, whose Attn.: David Genson, Naples, Fiori6 34I-05 (the "Grantee") s WITNESSETH that the Grant�ar, for i DOLLARS ($10.00) and othe' go�d� a d o u b1 c r si ra ii receipt whereof is hereby aknoyle ged,= hisra►tedk bargi Grantee's heirs and assigns fO-rev al repelt „1 re pq property situate, lying and beidg�i �he County of Collier, mate i Tract 120, Golden Gat °(tes, Unit 22, ac Plat Book 7, Page 84, of t e Puic records of Subject to: (a) property taxes fot t restrictions and public utility e� governmental regulations. 2019, between Larry Valente, a vely, the "Grantor"), and BCHD is 2600 Golden Gate Parkway, sum of TEN AND 00/100 in hand paid by Grantee, the ,ld to the said Grantee and icribed as follows, such real wit: ,flat thereof recorded in , Florida. Fsubsequent years; (b) covenants, ; and (c) existing zoning and The property is not the homestead property of either grantor, nor is it the homestead of either grantor's spouse, and the property is not contiguous to the homestead of either grantor or either grantor's spouse. TOGETHER - with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. AND the Grantor hereby covenants with the 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 this land; that the Grantor hereby fully warrants the title to the land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto set his or her hands and seal the day and year first above written. Warranty Deed Pagel of 2 *** OR 5623 PG 3978 *** Signed, sealed and delivered in the presence of (as to both): Print Name: L Print Name: 2 u STATE OF M COUNTY OF V 2 The foregoing instrument was acknowledge Valente and Consiglio Grur iastante, who/0�i c evKe as identification. ft' 4"j. NOTARIAL SEAL 3 LEAN BLANDO, Notary Pubii Lansdale Boro., Montgomery 4*ntj My Commission Expires July 31,�i9 GRANTOR: Warranty Deed Page 2 of 2 Larry Va ente day of 2Q419, by Larry it P,pr who have produced f�Y'�y��a Z< _31-1 e ,_ o F LLoo C :F�� e<G rco; x 8z "sw <_ �� o p i a A =���awW�0� ul'o s 'z �p F' � � s 6� o =s$;<`_go - rc�wW�eo p�rca600LLm e°=w w"� •o"m omo3o°ogm= -- p � E w,���owo $�=w myo�€ p=o5�<€a= `'ogepg�so p "m _ oo oa„gyp= w" mww o=� s�o'eP o�° <osm W .e° ooxss 6� - •a t _ O xfrcs aw �S Fo _e€ y;$ IMMOKALEE ROAD 5 �8�a•-846 E §?:s�lu $s� 100' R.O.W.__— y5y5 ff yy E ..._.n, 01,01 S 01'30'15"E 330.11 P1AT ` T fi a �a m fig_ 502'21S 02'16'22'E 484.00 MFAS. '07"E 330.20' MEAS. m= J Q n a ... F.s o "' H aej ozo r = Q -tin of ° rcC�p _ mL a S° o 21, m � � s�M 'aP xo�ok ay 0_ e a = a who�.o2 wo=6d• oeo o€ao$wowwp o o 5- Qos a �-. w e -'o w -oCm � og� �E� v�> �E A€' sou Do a� pia °src <src <�=a gym= w se =gip a a �^ �a z�K wppa } I W \AMOKALEE ROAD S-846 ° Wvp5 " p ww°_ �T mo ._1_____ _ _ _ _ _ _�— Rp.l. E EMc OR. Bo Isis. Pncc s31a 4 98 (n u o z— QZo4ff, WN 1R1O5E"R n_c 0-.R, BOK 311. P_ 011_A3QoE 153.94 (L) _____---176.16M.______ 0a 022_3EeES_g S z« Fwa O li oZ OQ s^ �ozgo - LL$ Do_ N5 _o H U wO U ;e Q QS U [if _ Q Q a' 0 H Q Q d H K W H U ESE Nq < n ° ° a y N00'20 47 W N 00' 4"W 3 MEAS R r R ,..®m______ __ _____ n 150.61 H 'SV3W ,Z£'6Z£ M„lb,l£.00N " w• Ali U Of $i �•'I3� em S m F- sic W. ° ^ " m s== x° xzs ° z-Jge E„�rEm 8F sag «e o 6� Imo=` mooaa opa =- °�a����"oa t�LL o�� pm- y w' ' "plo6 v mgo z. 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Y ,Ivil Engineers A Landscape Architects PENINSUIA7 - ENGINEERING� IMMOKALEE ROAD - ESTATES COMMERCIAL SUBDISTRICT LISTED SPECIES SURVEY - UPDATE AND ENVIRONMENTAL DATA PREPARED BY: PENINSULA ENGINEERING 2600 GOLDEN GATE PARKWAY NAPLES, FL34105 MAY 2020 REVISED OCTOBER 2020 BRUCE LAYMAN, CE, PWS PENINSULA+ ENGINEERING IMMOKALEE ROAD -ESTATES COMMERCIAL SUBDISTRICT LISTED SPECIES SURVEY -UPDATE AND ENVIRONMENTAL DATA TABLE OF CONTENTS 1. INTRODUCTION..................................................................................................................................... 3 2. PROJECT METHODOLOGY.....................................................................................................................3 2.1. Listed Wildlife Survey....................................................................................................................3 2.2. Listed Plant Survey........................................................................................................................4 2.3. Habitat/Wetland Mapping............................................................................................................4 3. SURVEY RESULTS...................................................................................................................................5 3.1. Listed Wildlife Species Observed/Identified On Site..................................................................... 5 3.2. Listed Wildlife Species Not Observed On -Site But With Potential to Occur On Site .................... 5 3.3. Listed Plant Species Observed On Site..........................................................................................7 3.4. Habitat/Wetland Mapping —Native Preserve............................................................................... 7 4. SUMMARY.............................................................................................................................................8 5. REFERENCES CITED................................................................................................................................ 8 TABLES Table 1 - Listed Species and Vegetation Survey Details.......................................................................... Table 2 - Listed Plant and Wildlife Species Observed............................................................................. Table 3 - Non -listed Wildlife Species Observed...................................................................................... Table 4 - Estimated Probability of Occurrence of Non -Observed Listed Faunal Species ....................... Table 5 - Estimated Probability of Occurrence of Non -Observed Listed Floral Species ....................... Table 6 - Existing Vegetative Associations and Land Uses.................................................................... APPENDICES Appendix A - Existing Vegetation Association & Land Use Descriptions FIGURES Figure 1— Existing Conditions Figure 2 — Bear Incident Location Map 10 10 11 11 12 12 2 P:\Active_P roj ects\P-BC H D-003\001_I m mo ka lee_Ra nd a I_Cu rve\Re p o its PENINSULA ENGINEERING IMMOKALEE ROAD -ESTATES COMMERCIAL SUBDISTRICT LISTED SPECIES SURVEY -UPDATE AND ENVIRONMENTAL DATA 1. INTRODUCTION Peninsula Engineering (PE) entered into an agreement with BCHD Partners I LLC (BCHD) to provide environmental services associated with a 19.13-acre parcel known as the Immokalee Road —Estates Commercial Subdistrict parcel. The Environmental Data author credentials include full-time employment as an Environmental Consultant/Ecologist in Lee and Collier Counties since 1992. The Project Site is located in Section 22; Township 48 South, Range 27 East, Collier County, Florida. The parcel is bordered on the north and south by undeveloped land, on the east Immokalee Road and high -density residential development, and on the west by estate -style residential development. The site is almost entirely forested, contains low to moderate exotic vegetation coverage, and historical hydrology has been adversely affected by regional development. This protected species survey was conducted, and the results summarized herein, to support local, state, and federal environmental permitting. 2. PROJECT METHODOLOGY Bruce Layman, Ecologist with PE, conducted a listed species survey consistent Collier County Conservation and Coastal Management Element (CCME) Objective 7.1 and its implementing policies and with Florida Fish and Wildlife Conservation Commission standards on the subject property during September 2018. The dates, times and weather conditions are summarized in Table 1. Due to the passage of 12 months, the survey was updated in September 2019 to determine whether site conditions remained consistent with those observed in September 2018. The following information describes the methodologies employed: 2.1. Listed Wildlife Survey Prior to conducting the listed species surveys, color aerial imagery and FLUCCS mapping from prior environmental reconnaissance were reviewed to anticipate which habitats may be present. Additionally, the Florida Fish and Wildlife Conservation Commission's (FWC) Wildlife Occurrence (WildObs) data base was queried to identify documented listed plant and wildlife occurrences within a 5-mile radius of the project site. The 2013 FWC data base, updated in 2017, showed no listed species occurrence records within 5 miles of the project. Additionally, the FWC Florida panther telemetry data base, through 2014, showed no panther telemetry points within 1 mile of the project. Various publications and databases were also reviewed to identify listed plant and wildlife species that are regionally present and that could occur and those habitat types. Based on the habitat types identified on site, and the noted data sources, a preliminary list of state and federal listed flora and fauna that could occur on the project site was generated to help focus survey effort. FWC's Florida's Endangered and Threatened Species (FWC, 2016) was used to determine the "listed" state and federal status designation of wildlife species. The field survey consisted of one ecologist performing east/west parallel meandering pedestrian transects spaced approximately 50 to 120 feet on center based on habitat type and visibility limits. These transects are illustrated on Figure 1 entitled Existing Conditions. Additional wandering transects were conducted on successive days, and during the species survey update, to augment survey coverage and increase the opportunity to observe wildlife. Wandering transects are not shown. The field observer was equipped with a compass, GPS, color aerial, P:\Active_P roj ects\P-BC H D-003\001_I m mo ka lee_Ra nd a I_Cu rve\Re ports PENINSULA ENGINEERING IMMOKALEE ROAD -ESTATES COMMERCIAL SUBDISTRICT LISTED SPECIES SURVEY -UPDATE AND ENVIRONMENTAL DATA wildlife and plant identification books, binoculars, and a field notebook. During pedestrian transects, the ecologist periodically stopped, looked for wildlife, signs of wildlife, and listened for wildlife vocalizations. Due to habitats present and likelihood of occurrence (not to the exclusion of other potential listed species), the ecologist specifically surveyed for the potential presence of the Eastern indigo snake (Drymarchon corais couperi), gopher tortoise (Gopherus polyphemus), Big Cypress fox squirrel (Sciurus niger avicennia), and trees containing cavities that could have been potentially created by the red -cockaded woodpecker (Picoides borealis) or could be used by the Florida bonneted bat (Eumops floridanus; FBB) for roosting. Given the nature of the parcel, the ecologist is anticipated to have directly observed greater than 70% of the parcel. If observed, the approximate location of observed listed wildlife species and their numbers were mapped on an aerial and recorded in a field notebook. The locations of fixed resources, such as gopher tortoise burrows or cavity trees were recorded using hand-held GPS and flagged with high -visibility survey ribbon. Non -listed wildlife species were recorded daily. 2.2. Listed Plant Survey Over the course of conducting surveys for listed wildlife, the PE ecologist searched for plants listed by the Florida Department of Agriculture (FDA) and the U.S. Fish and Wildlife Service (FWS). These agencies have categorized the various plant species based upon their relative abundance in natural communities. Those categorizations include "Endangered", "Threatened", and "Commercially Exploited". The protection afforded plants listed solely by FDA entails restrictions on harvesting or destroying plants found on private lands of another, or public lands, without permission and/or a permit from FDA. Unless the sale of plants is involved, there are no restrictions for landowners to impact such plants. These provisions are found in Section 581.185, FDA under State law. 2.3. Habitat/Wetland Mapping The habitat and wetland survey included the preparation of a Florida Land Use, Cover and Forms Classification System (FLUCCS) map delineating the major vegetation communities and land uses present on the project site. A FLUCCS Map for the project site is provided as Figure 1 entitled Existing Conditions. The methods and class descriptions found in the FLUCCS manual (FDOT, 1999) were followed when delineating and assigning areas to an appropriate FLUCCS category (class) or "codes". Preliminary wetland limits were mapped using the standard state and federal wetland delineation methodologies and direct field observations and aerial photo interpretation. Color aerial photos were plotted at 1" = 50' scale and were used in the field to map the vegetative communities on the site. 4 P:\Active_P roj ects\P-BC H D-003\001_I m mo ka lee_Ra nd a I_Cu rve\Re ports PENINSULA ENGINEERING IMMOKALEE ROAD -ESTATES COMMERCIAL SUBDISTRICT LISTED SPECIES SURVEY -UPDATE AND ENVIRONMENTAL DATA An important factor in mapping vegetative associations and local habitats is the invasion by the exotic plant species, such as melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius), and earleaf acacia (Acacia auriculiformis). Four levels of exotic density are typically recognized. Code modifiers may be appended to the base FLUCCS code to indicate the approximate density of exotic vegetation in the canopy or understory, as follows: EO = Exotics <10% E1 = Exotics 10-24% E2 = Exotics 25-49% E3 = Exotics 50-75% E4 = Exotics 75<% Wet season high water (WSHW) elevation was estimated in the on -site wetland using hydrobiological indicators including stain lines and moss collars. Triplicate WSHW elevations were marked in the field and they were surveyed, and the average WSHW elevation was 13.41' NAVD. 3. SURVEYRESULTS 3.1. Listed Wildlife Species Observed/Identified On Site No state -listed or federally listed wildlife species were observed on site during the 2018 listed species survey. Observations made during the September 2019 listed species survey update reflect that site conditions had not changed from those observed in 2018. Therefore, findings of the 2018 survey remain consistent with present site conditions. With no listed species observed during either survey, the proposed PUD rezone is consistent with CCME Policy 7.1. The project site contained no US Fish and Wildlife Service -designated listed species critical habitat. All non -listed wildlife species, either directly observed or audibly detected on site, are listed in Table 3. Signs observed in the field (scat, clawed trees), regional bear incident data from FFWCC (Figure 2), photographic eyewitness accounts of an adult bear on adjacent property from neighbors, and direct on -site observation of a juvenile bear, confirm that bears (Ursus americanus floridanus) occasionally occur on site. Though the black bear is no longer listed as protected, the FWC is likely to suggest conservation measures, during the state Environmental Resource Permitting Process, to protect the species. 3.2. Listed Wildlife Species Not Observed But With Potential to Occur On Site The following is a discussion of listed wildlife species that were not observed during either survey, but which are considered to have potential to occur due to the presence of suitable habitat, confirmed sightings in the region, or the parcel's being located within the consultation area for a given species. Species with greater than zero potential to occur on site are summarized in Table 4. The parcel falls within the consultation areas of both the Florida scrub jay (Aphelocoma coerulescens coerulescens) and the snail kite (Rostrhamus sociabilis). Since the parcel does not contain habitat that is reasonably suitable for use by either species, these are not considered potential users of the site. P:\Active_P roj ects\P-BC H D-003\001_I m mo ka lee_Ra nd a I_Cu rve\Re ports PENINSULA ENGINEERING IMMOKALEE ROAD -ESTATES COMMERCIAL SUBDISTRICT LISTED SPECIES SURVEY -UPDATE AND ENVIRONMENTAL DATA The gopher tortoise (Gopherus polyphemus) is listed as Threatened by the FWC and it is not listed by FWS. Given the presence of pine flatwoods on site, this species was considered to be potentially present. No signs of the species (i.e., burrows, scat) were observed during the listed species survey and they are no longer considered a candidate to occur on site. The Big Cypress fox squirrel (Sciurus niger avicennia; BCFS) is listed as Threatened by FWC and its distribution is believed to be limited to an area south of the Caloosahatchee River and west to the Everglades. The BCFS is usually associated with FLUCCS codes 411, 621, and 624 and prefers habitats with open park -like mid -story and groundcover strata. Such areas on site are small and isolated. Since site conditions are not conducive to use by this species and no evidence of the BCFS (i.e., direct sightings, nests, day beds, etc.) was observed on site during the survey, it is anticipated that the potential for this species to occur on site is near zero. Due to the presence of on -site wetlands, a suite of listed wading birds could potentially use the site to forage. It includes the wood stork (Mycteria americana), roseate spoonbill (Platalea ajaja), and reddish egret (Egretta rufescens). These species could opportunistically forage in the wetland; however, the existing density of midstory and groundcover vegetation make it less likely. No wading bird rookeries were observed on site, nor are any known to be on adjacent properties. The site falls within the core foraging area (18.6 miles) of at least three (3) wood stork colonies. The red -cockaded woodpecker (Picoides borealis; RCW) is listed as Endangered by FWS and the project site is located on the periphery of the FWS consultation area for this species. No RCW cavity trees were observed on site during the listed species survey, nor were any RCW vocalizations detected. Though the slash pine trees could be used for foraging if an RCW clan was regionally present, RCW clans typically require hundreds of contiguous acres of pine forest for foraging and nesting. With the nearest RCW occurrence record being 7 — 9 miles southwest of the project site in proximity to City Gate (per the FWC RCW occurrence data base), it appears that there is little reasonable potential for the RCW to use the pine flatwood habitat present on site. The Florida panther (Fells concolor coryi) is listed as Endangered by FWS and the site falls within Secondary panther habitat. Per the FWC data base, a single panther telemetry point was located 0.2 miles north of the project site in 2014. It was associated with a 2.5-year-old male that subsequently died that year several miles to the south of unknown causes. Except for this dispersing male, the void of panther telemetry points within one mile of the project, and the closest four points ranging between 1.5, 2.0, and 2.5 miles of the project (in 1995, 1998, and 2002, respectively), suggests that the project site is not likely part of a panther travel corridor or an active home range for any collared individuals. The Florida bonneted bat (Eumops floridanus; FBB) is listed as Endangered by FWS and the site falls within the FWS consultation area for this species. There is relatively little known about the life -history needs of the species; however, it has been suggested in the literature that roosts may be a limiting resource for this bat. As such, the ecologist specifically searched for trees with cavities that could potentially be used as roosts by the FBB. The site contained numerous pines that had recently died, presumably due to stress resulting from Hurricane Irma and subsequent beetle infestation. However, few contained woodpecker cavities and the cavities that were present were either shallow or of small diameter and none exhibited signs of use by bats such as smudging or the presence of guano. Therefore, lacking sufficient cavity size and signs of use, it appears unlikely that the observed cavities are used by the FBB for roosting. No other tree cavities were observed on site. 6 P:\Active_P roj ects\P-BC H D-003\001_I m mo ka lee_Ra nd a I_Cu rve\Re ports PENINSULA ENGINEERING IMMOKALEE ROAD -ESTATES COMMERCIAL SUBDISTRICT LISTED SPECIES SURVEY -UPDATE AND ENVIRONMENTAL DATA Given that the FBB is known to travel great distances to forage, and given the proximity of the site to large forested areas to the north that may contain natural roosts, it is assumed that FBB's roosting regionally would have the potential to commute or forage over the parcel. The Eastern indigo snake (Drymarchon corais couperi) is listed as Endangered by FWS. Indigo snakes inhabit pine forests, hardwood hammocks, scrub and other uplands. They also rely heavily on a variety of wetland habitats for feeding and temperature regulation needs. Though none were observed on site, it is typically assumed by FWS that there is potential for this species to be present. Adhering to the FWS standard Eastern Indigo Snake Protection Precautions may be proposed as a means to successfully navigate the federal permitting process. Though the bald eagle (Haliaeetus leucocephalus) is not state or federally listed, it is protected by the Bald and Golden Eagle Protection Act. No eagle nest was observed on site. Per the FWC Eagle Nest Locator website, https://public.mvfwc.com/FWRI/EagleNests/ nestlocator.aspx), the nearest known eagle nest (nest C0045) is located approximately 3.5 miles northeast of the parcel. The site is located well beyond the protection zones of that nest. 3.3. Listed Plant Species Observed On Site Three (3) species of listed plants (per the FDA list) were observed on site during the field survey. The species observed were the stiff -leafed wild pine (Tillandsia fasciculata), Northern needleleaf (Tillandsia balbisiana), and the butterfly orchid (Encyclia tampensis). Wild pine was relatively abundant; however, the butterfly orchid was limited to a single small plant. They were typically located on pine and cypress trees. No plant species listed by FWS were observed during the field surveys. The listed plant species observed, and their state and federal listing status, are provided in Table 2. 3.4. Habitat/Wetland Mapping —Native Preserve Natural areas of the project site are comprised primarily of pine flatwood, cypress, and pine - cypress -cabbage palm communities. All three communities on site, totaling 19.01 acres, fit Collier County's definition of native habitat. Based upon the proposed commercial use of the property, a minimum of 15% of the existing native vegetation (i.e., 2.85 acres) would need to be preserved to be consistent with CCME Policy 6.1.1 and Collier County Land Development Code requirement. As per the Master Plan provided in support of the proposed County rezone, 2.85 acres of native habitat are proposed to be preserved on site and the project is consistent with CCME Policy 6.1.1. The FLUCCS code for each community along with a brief description and acreage are provided in Table 6 and a detailed description of each FLUCCS code is provided in AppendixA. Historic on -site hydrology appears to be adversely affected as a result of surrounding development. Based upon current field conditions, and application of state and federal wetland delineation methodologies, it is estimated that there are approximately 2.95 acres of jurisdictional wetlands on site. This area, mapped as FLUCCS 621-Cypress on the Existing Conditions figure, has not been verified by either the South Florida Water Management District or the U.S. Corps of Engineers. Verification will take place during environmental permit review. Based upon hydrobiological indicators, WSHW elevation was determined to be 13.41' NAVD. 7 P:\Active_P roj ects\P-BC H D-003\001_I m mo ka lee_Ra nd a I_Cu rve\Re ports PENINSULA ENGINEERING IMMOKALEE ROAD -ESTATES COMMERCIAL SUBDISTRICT LISTED SPECIES SURVEY -UPDATE AND ENVIRONMENTAL DATA 4. SUMMARY Observations made during the September 2019 listed species survey update reflect that site conditions had not changed from those observed in 2018. Therefore, findings of the 2018 survey remain consistent with present site conditions. Results of both surveys reflect a lack of state or federally listed wildlife and a lack of federally listed plant species. The protection afforded the FDA -listed stiff -leaved wild pine, Northern needleleaf, and butterfly orchid observed on site entails restrictions on harvesting or destroying plants found on private lands of another, or public lands, without permission and/or a permit from FDA. There are no restrictions for landowners unless the sale of plants is involved. It will likely be assumed by FWS during the federal permitting process that there is potential for the Eastern indigo snake to occur on site. Similarly, based upon current FWS procedure, it will also likely be assumed by FWS that the project may affect the bonneted bat since the project is over 5 acres in size and more than one acre of bonneted bat habitat will be adversely affected. Adhering to the FWS standard Eastern Indigo Snake Protection Precautions, and providing project -specific data documenting the lack of on -site bonneted bat roosting activity, are likely to sufficiently address FWS' concerns in order to successfully navigate the federal permitting process. Though not listed by either FWC or FWS, the black bear may come up as a point of discussion during the state Environmental Resource Permitting process. Measures to educate the end user of the land, and protection of the bear during and after construction, are likely to be addressed at that time. This assessment anticipates that there are approximately 2.95 acres of state and federal jurisdictional wetlands, and 19.01 acres of native vegetation (per Collier County definition), on site. The wetlands will have to be addressed during the state environmental permitting process, and they may be addressed in the federal Section 404 process if impacts are proposed to these areas. Based upon a proposed commercial land use, and its required 15% preservation of native vegetation, a minimum of 2.85 acres of native preserve will need to be identified and preserved during local development review. 5. REFERENCESCITED Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Procedure No. 550-010-001-a. Third Edition. Tallahassee, Florida. Florida Fish and Wildlife Conservation Commission. 2013. Florida's Endangered and Threatened Species, Official List. Tallahassee, Florida. Weaver, R.E. and P.J. Anderson. 2010. Notes on Florida's Endangered and Threatened Plants. Contribution No. 38, 5th edition. 8 P:\Active_P roj ects\P-BC H D-003\001_I m mo ka lee_Ra nd a I_Cu rve\Re ports PENINSULA ENGINEERING IMMOKALEE ROAD -ESTATES COMMERCIAL SUBDISTRICT LISTED SPECIES SURVEY -UPDATE AND ENVIRONMENTAL DATA TABLES P:\Active_Projects\P-H LST-006\002_ACO E_S F W M D_Pe rm itti ng\Design_Perm it\S u b m itta Is\S F W M D PEN] NSULA -NGINEERINC" IMMOKALEE ROAD -ESTATES COMMERCIAL SUBDISTRICT LISTED SPECIES SURVEY -UPDATE AND ENVIRONMENTAL DATA Table 1: Listed Species and Vegetation Survey Details Ecologist Date Time of Day Weather Field Hours Bruce Layman 9/12/18 7:45 a.m. -1:30 p.m. 76°, partly cloudy, wind 0 mph 5.75 Bruce Layman 9/13/18 7:15 a.m. -10:00 a.m. 78°, partly cloudy, wind 0 mph 2.75 Bruce Layman 9/14/18 7:15 a.m. -10:00 a.m. 74°, partly cloudy, wind 0 mph 2.75 Bruce Layman 9/17/18 4:00 p.m. - 6:30 p.m. 94°, partly cloudy, wind 0 mph 2.50 Bruce Layman 9/19/18 6:00 p.m. - 8:00 p.m. 92% clear, wind 0 mph 2.00 Bruce Layman 9/05/19 8:00 a.m. — 2:30 p.m. 77°, clear, wind 0 mph 6.50 Total Hours 22.25 Table 2: Listed Plant and Wildlife Species Observed Common Name Scientific Name Habitat Where Observed By FLUCCS FWC Status FWS Status FDA Status PLANTS Stiff -leaved wild -pine Tillandsia fasciculata 411, 624D, 621 N/A NL E Butterfly orchid Encyclia tomepensis 411 N/A NL CE Northern needleleaf Tillandsia balbisiana 624D N/A NL T WILDLIFE Florida black bear* Ursus americanus floridanus 411, 624D, 621 NL NL N/A FDA = Florida Department of Agriculture and Consumer Services FWC = Florida Fish and Wildlife Conservation Commission FWS = United States Fish &Wildlife Service CE = CommerciallyExploited T = Threatened E = Endangered NL = Not Listed N/A = Not Applicable * = Not listed by FWC or FWS, but protection measures typical 10 P:\Active_P rojects\P-BCH D-003\001_1 m mokalee_Rand a I_Cu rve\Reports PEN] NSULA -NGINEERINC" IMMOKALEE ROAD -ESTATES COMMERCIAL SUBDISTRICT LISTED SPECIES SURVEY -UPDATE AND ENVIRONMENTAL DATA Table 3: Non -listed Wildlife Species Observed Common Name Scientific Name BIRDS Northern cardinal Cardinalis cardinalis Blue -gray gnatcatcher Polioptila caerulea Red -bellied woodpecker Centurus carolinus Blue jay Cyanocitta cristata Mourning dove Zenaida macroura Barred owl Strix varia AMPHIBIANS & REPTILES Cuban anole Anolis s. sagrei Southern black racer Coluber constrictor Water moccasin Agkistrodon piscivorus MAMMALS Nine -banded armadillo* Dasypus novemcinctus Eastern gray squirrel Sciurus carolinensis Florida black bear* Ursus americanus floridanus Eastern cottontail Sylvilagus floridanus * Species not directly observed. Signs of species presence observed (e.g., burrow, tracks, scat, remains, etc.) Table 4: Estimated Probability of Occurrence of Non -Observed Listed Faunal Species Common Name Scientific Name Status (FWC/FWS) Estimated Occurrence* Habitat by FLUCCS Probable Possible Unlikely BIRDS Listed wading birds various X 621 Red -cockaded woodpecker Picoides borealis E/E X 411 Bald eagle** Haliaeetus leucocephalus NL X 411, 621, 624 MAMMALS Florida panther Felis concolor coryi E/E X 411, 621, 624 Big Cypress fox squirrel Sciurus niger avicennia T/NL X 411, 621, 624 Florida bonneted bat Eumopsfloridanus E/E X 411, 621, 624 REPTILES Eastern indigo snake Drymarchon corals couperi T/T X 411, 621, 624 FWC = Florida Fish and Wildlife Conservation Commission FWS = United States Fish and Wildlife Service FDA = Food and Drug Administration SSC= Species ofSpecial Concern T =Threatened E = Endangered C = Commercially Exploited NL = Not listed * Probable Occurrence = >50% estimated chance of occurrence on site. Possible Occurrence = <50% estimated chance of occurrence on site. Unlikely Occurrence = <5% estimated chance of occurrence on site. ** There is potential for an eagle to construct a nest on site at a later date, though the probability is low. 11 P:\Active_P rojects\P-BCH D-003\001_1 m mokalee_Rand a I_Cu rve\Reports PEN] NSULA -NGINEERINC" IMMOKALEE ROAD -ESTATES COMMERCIAL SUBDISTRICT LISTED SPECIES SURVEY -UPDATE AND ENVIRONMENTAL DATA Table 5: Estimated Probability of Occurrence of Non -Observed Listed Floral Species Common Name Scientific Name Status (FDA/FWS) Estimated Occurrence* Habitat by FLUCCS Probable Possible Unlikely Giant wild pine Tillandsia utriculata E/NL X 621, 624D FWC = Florida Fish and Wildlife Conservation Commission FWS = United States Fish and Wildlife Service FDA = Food and Drug Administration SSC= Species ofSpecial Concern T =Threatened E = Endangered C = Commercially Exploited NL = Not listed * Probable Occurrence = >50% estimated chance of occurrence on site. Possible Occurrence = <50% estimated chance of occurrence on site. Unlikely Occurrence = <5% estimated chance of occurrence on site. ** There is potential for an eagle to construct a nest on site at a later date, though the probability is low. Table 6: Existing Vegetative Associations and Land Uses FLUCCS CODE FLUCCS DESCRIPTION East Parcel Acres 411 Pine Flatwoods, Palmetto understory 9.29 621 Cypress 2.95 624D Pine -Cypress -Cabbage Palm, Disturbed 6•77 814 Roads and Highways 0.12 OTAL 19.13 12 P:\Active_P rojects\P-BCH D-003\001_1 m mokalee_Rand a I_Cu rve\Reports PENINSULA ENGINEERING IMMOKALEE ROAD -ESTATES COMMERCIAL SUBDISTRICT LISTED SPECIES SURVEY -UPDATE AND ENVIRONMENTAL DATA APPENDIX A Existing Vegetative Association & Land Use Descriptions 13 P:\Active_P roj ects\P-BC H D-003\001_1 m mo ka lee_Ra nd a I_Cu rve\Re ports PENINSULA, ENGINEERING IMMOKALEE ROAD -ESTATES COMMERCIAL SUBDISTRICT LISTED SPECIES SURVEY -UPDATE AND ENVIRONMENTAL DATA Existing Vegetative Association & Land Use Detailed Descriptions Pine Flatwoods — Palmetto Understory (FLUCCS 411) — This community is dominated in the canopy by slash pine (Pinus elliotti), with a minor component of cabbage palm (Sabal palmetto) and cypress (Taxodium distichum). The midstory includes live oak (Quercus virginiana), dahoon holly (Ilex cassine), and stunted cypress. Saw palmetto (Serenoa repens) is scattered and represents a dominant species in the groundcover. Other species include beautyberry (Callicarpa americana), Caesarweed (Urena lobata), love vine (Cassytha filiformis), and bracken fern (Pteridium aquilinum). Vines are locally abundant and include muscadine grape (Vitis rotundifolia), poison ivy (Toxicodendron radicans), and cat briar (Smilaxrotundifolia). Cypress, Exotics <10% (FLUCCS 621E0) - This community is dominated in the canopy by cypress, with red maple (Acer rubrum), cabbage palms, and melaleuca (Melaleuca quinquenervia) as subdominants. The midstory is relatively open and includes red maple, cocoplum (Chrysobalanus icaco), strangler fig (Ficus aurea), max myrtle (Morelia cerifera), and dahoon holly. Groundcover is dominated by locally abundant swamp fern (Blechnum serrulatum) with pockets of maidencane (Panicum hemitomon) and beak -rush (Rhynchospora microcarpa). Pine — Cypress — Cabbage Palm, Disturbed (FLUCCS 624D) - This community is dominated in the canopy by slash pine, cabbage palm, ear -leaf acacia (Acacia auriculiformis), and minor cypress. The midstory ranges from relatively open to dense with slash pine, earleaf acacia, cocoplum, cypress, and laurel oak (Quercus laurifolia) dominating. Groundcover includes Caesarweed, cocoplum, beautyberry, swamp fern and chain fern (Woodwardia spp.). Vines are locally abundant and include muscadine grape and cat briar. Roads and Highways (FLUCCS 814) — This represents the maintained shoulder and paved surface of 4th Street NE, a 2-lane unstriped residential roadway. 14 P:\Active_P roj ects\P-BC H D-003\001_1 m mo ka lee_Ra nd a I_Cu rve\Re ports PENINSULA ENGINEERING% IMMOKALEE ROAD -ESTATES COMMERCIAL SUBDISTRICT LISTED SPECIES SURVEY -UPDATE AND ENVIRONMENTAL DATA FIGURE 1 Existing Conditions 15 P:\Active_P roj ects\P-BC H D-003\001_1 m mo ka lee_Ra nd a I_Cu rve\Re ports PENINSULA F-NGINEERI!�IC IMMOKALEE ROAD -ESTATES COMMERCIAL SUBDISTRICT LISTED SPECIES SURVEY -UPDATE AND ENVIRONMENTAL DATA PROJEOT " j LOCATION V-"!p MWY}.pLUE FED fEANZ3LI 436Lv+3 �..� Or J 411 . 4 f f� 'I UMLNU MF6 Ea ROL"Ck Y ---- �vF'of's'rte+r+i'R+,raeE'cii+.l fluvDa Lwrr. PPELRiINAP.1 YEMINW .PEWWWMUR ,w r]vES• +non IMMOKALEE ROAD - ESTATE COMMERCIAL SUBDISTRICT EXISTING CONDITION 1 r- rt 624D 4 FLUCCS CA9 DESCRIPTION 1� PI,Ahtii56pS A #71' 934 Ri' GYPaPBS Z9a °aao• FThIE-GYPWA?<66AQE M1A R16tW�p a'r P14 Ij -- 791r 116 �t 21! ':u4ln-:.l4•-:�'•W Ali' �� ■nacc c�rlww t� BGHO PARTNERS I. -- I.I.c F.EO maoanpi c_xo I 16 P:\Active_Projects\P-BCH D-003\001_I m mokalee_Rand a I_Cu rve\Reports PENINSULA ENGINEERING% IMMOKALEE ROAD -ESTATES COMMERCIAL SUBDISTRICT LISTED SPECIES SURVEY -UPDATE AND ENVIRONMENTAL DATA FIGURE 2 Bear Incident Location Map 17 P:\Active_P roj ects\P-BC H D-003\001_1 m mo ka lee_Ra nd a I_Cu rve\Re ports 4 f a • b a + a i• a + + s i p 44 a 1C' f411a . -'� ;. � '. :-:'rya-_,y,• l p .;•�; 1 i a + •®y Ji. .. as a+ i f• f a a - f 4 + b • r i $ + a b +¢ a •aAf a + •• .. a f a + +i as • • +' - ' i • � 9 a a • y •►•af tf ,g • f + f a • •• is •� •+: •• a if 6 • • t a. Y t .. a•a a a • k { 1—�'� t..rrrle-t '-"� ad 4- - a ar of - f +- a + f i— �' � ; �q.� y •_ .a. - i • t -117 !3 IE 1 Immokalee load - fst ' Bear Incident Locations TPODIICOCR plannino-ensineerino Traffic Impact Statement BCHD-I (fka Immokalee Road - Estates Commercial Subdistrict) Commercial Planned Unit Development (CPUD)/ Growth Management Plan Amendment (GMPA) Prepared for: Q. Grady Minor and Associates, PA 3800 Via Del Rey, Bonita Springs, FL 34134 Phone: 239-947-0375 Collier County, Florida 01/29/2021 Prepared by: Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Phone: 239-566-9551 Email: ntrebilcock@trebilcock.biz Collier County Transportation Methodology Fee* — $500.00 Fee Collier County Transportation Review Fee* — Maior Study — $1,500.00 Fee Note — *to be collected at time of first submittal BCHD-1(fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Statement of Certification I certify that this Traffic Impact Statement has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. This item has been electronically signed and sealed by Norman J. Trebilcock, P.E., State of Florida license 47116, using a SHA-1 authentication code. Printed copies of this document are not considered signed and sealed, and the SHA-1 authentication code must be verified on any electronic copies. ,G E NRFeVzc " 2: No 47116 :�� XZ 33 STATE OF •44J 0�. c4 O R 0 Digitally signed by Norman Trebilcock DN: c=US, st=Florida,l=Naples, o=Norman Trebilcock, cn=Norman Trebilcock, email=ntrebilcock@trebilcock.biz Date: 2021.01.29 14:26:11-05'00' Norman J. Trebilcock, AICP, PTOE, PE FL Registration No. 47116 Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Company Cert. of Auth. No. 27796 Trebilcock Consulting Solutions, PA P a g e 1 2 BCHD-1(fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Table of Contents ProjectDescription.......................................................................................................................................4 TripGeneration.............................................................................................................................................5 Trip Distribution and Assignment.................................................................................................................7 BackgroundTraffic......................................................................................................................................11 Existing and Future Roadway Network.......................................................................................................13 Project Impacts to Area Roadway Network -Link Analysis..........................................................................15 Site Access Turn Lane Analysis....................................................................................................................17 ImprovementAnalysis................................................................................................................................18 Mitigationof Impact...................................................................................................................................19 Appendices Appendix A: Project Master Plan...............................................................................................................20 Appendix B: Initial Meeting Checklist (Methodology Meeting)................................................................. 22 Appendix C: Trip Generation Calculations ITE 10th Edition....................................................................... 29 Trebilcock Consulting Solutions, PA P a g e 1 3 BCHD-1(fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Project Description The subject project is a proposed commercial/retail development located on the west side of Immokalee Road (CR 846), north of the intersection of Immokalee Road and Randall Boulevard, within Section 22, Township 48 South, Range 27 East, in Collier County, Florida. Refer to Figure 1— Project Location Map, which follows and Appendix A: Project Master Plan. Figure 1— Project Location Map i 3ie� ax.a aw xw i aam nxr xa »�o<.. xe z_�a m�xE Carkst�ew Middle school© 7-ElevcnP _ � 3 F w# g � v 4 d ...r 3 Forth Island �d Project o8 F ; -" RAW Super Market Mobil at Neighborhood., °>,..-- t �andall6lyd RaadaII BIM u.Md M',I mokdire RE o { Im ^ z Colluer MobileQ tmn n. xw xaa n.e unn.,xE A to Repel Inv S n�a a.<mu zzm ♦R xw N+...xc � Google Pa Em ft Ridge HIgh SCbnl M OA -1 Aa �5 8a ' Wan -Golf o& Country Club Esa U. —all Blvd Faxeal1 a'. The property is currently vacant land. The subject site is approximately 20 acres in size and is currently zoned as Estates Zoning District ("E") as illustrated in the adopted Collier County 2012-2025 Future Land Use Map (FLUM). The purpose of this report is to document the transportation impact analysis for the proposed Growth Management Plan Amendment (GMPA) of the BCHD-I (fka Immokalee Road — Estates Commercial Subdistrict) project from Estates zoning District to Commercial Planned Unit Development (CPUD) District. The proposed change would allow for two development scenarios as follow: Scenario 1 — 200,000 square feet (sf) retail building; or, Scenario 2 — 150,000 square feet (sf) retail building and 50,000 sf of medical office. Conservatively, this analysis classifies the proposed retail building as shopping center for traffic generation purposes. For the purposes of this evaluation, the project build -out year is assumed to be consistent with the Collier County 2025 planning horizon. Trebilcock Consulting Solutions, PA P a g e 14 BCHD-1(fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 The project provides a highest and best use scenario with respect to the project's proposed trip generation. The development program is illustrated in Table 1. Table 1 Development Program at Buildout Conditions Scenario 1 Retail Shopping Center 820 200,000 sf Scenario 2 Retail Shopping Center 820 150,000 sf Medical Office Medical - Dental Office Building 720 50,000 sf Based on the project location relative to Immokalee Road (refer to Appendix A), connection to subject project is expected to consist of a full movement access drive onto Immokalee Road (CR 846) at its intersection with Orange Tree Boulevard, which is currently a signalized intersection. A methodology meeting was held with the Collier County Transportation Planning staff on October 15, 2020 via email (as referenced in Appendix B: Initial Meeting Checklist). Trip Generation The project's site trip generation is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition. The software program OTISS — Online Traffic Impact Study Software (most current version) is used to create the raw unadjusted trip generation for the project. The ITE equations are used for the trip generation calculations. Detailed calculations can be found in Appendix C: Trip Generation Calculations ITE 10th Edition. The internal capture accounts for a reduction in external traffic because of the interaction between the multiple land uses in a site. The ITE guidelines provide internal capture provisions for retail and office uses interactions. Per Collier County Traffic Impact Study (TIS) Guidelines and Procedures, the internal capture trips should be reasonable and should not exceed 20% of the total project trips. Projected internal capture traffic reduction for the Scenario 2 development is calculated as 7.3% of the unadjusted PM peak hour traffic. Consistent with ITE guidelines and Collier County Traffic Impact Study (TIS) Guidelines and Procedures, the internal capture trips are not considered for Scenario 1 development. The pass -by trips account for traffic that is already on the external roadway network and stops at the project on the way to a primary trip destination. It should be noted that the driveway volumes are not reduced as a result of the pass -by reduction, only the traffic added to the surrounding streets and intersections. As such, pass -by trips are not deducted for operational -access analysis (all external traffic is accounted for). Trebilcock Consulting Solutions, PA P a g e 1 5 BCHD-1(fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Per ITE User's Guide and Handbook recommendations, PM peak period average pass -by trip percentage is 34% for the Shopping Center land use (ITE LUC 820). Per Collier County TIS Guidelines and Procedures, the pass -by capture for shopping centers should not exceed 25% for the peak hour. Therefore, based on a conservative approach, this analysis calculates pass -by reduction for shopping center as 25% for AM and PM peak hours, and 15% for daily two-way traffic. The projected trip generation scenarios for the proposed development at build out conditions are illustrated in Table 2A and Table 2B. Table 2A Trip Generation (Proposed Development — Scenario 1) — Average Weekday 24 Hour Development Two -Way AM Peak Hour PM Peak Hour Volume ITE Land Use Size Shopping Center 200,000 sf Unadjusted Traffic Internal Capture External Traffic Pass -by Net External Traffic 9,632 Enter 156 Exit 96 Total 252 N/A Enter 436 N/A Exit 472 N/A Total 908 N/A N/A N/A N/A 9,632 156 96 252 436 472 908 1,445 39 24 63 109 118 227 8,187 117 72 189 327 354 681 Table 2B Trip Generation (Proposed Development — Scenario 2) — Average Weekday 24 Hour Development Two -Way AM Peak Hour PM Peak Hour Volume ITE Land Use Size Shopping Center 150,000 sf Medical -Dental 50,000 sf Office Building Unadjusted Traffic Internal Capture External Traffic Pass -by Net External Traffic 7,921 1,833 9,754 586 9,168 1,144 8,024 Enter Exit Total 141 86 227 94 27 121 235 113 348 12 12 24 223 101 324 33 21 54 190 80 270 Enter 352 48 Exit 382 124 Total 734 172 400 506 906 33 33 66 367 473 840 82 93 175 285 380 665 Trebilcock Consulting Solutions, PA Page 16 BCHD-1 fto Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 In agreement with the Collier County TIS guidelines, significantly impacted roadways are identified based on the proposed project highest peak hour trip generation (net external traffic) and consistent with the peak hour of the adjacent street traffic. Based on the information contained in Collier County 2020 Annual Update and Inventory Report (AUIR), the peak hour for the adjacent roadway network is PM peak hour. Based on the trip generation results, from a traffic standpoint, the proposed Scenario 1 development is more intense when compared against Scenario 2 option. In addition, as illustrated in Table 2A, the PM peak hour yields a higher trip generation rate when compared to the AM peak hour. For the purpose of this report, the surrounding roadway network link concurrency analysis is analyzed based on projected PM peak hour of net external traffic (pass -by traffic is considered) generated by the proposed Scenario 1 development at buildout conditions. The estimated net new increase in external trips by the proposed amendment at build out is 681 PM peak hour two-way trip ends. Trip Distribution and Assignment The net external traffic generated by the proposed project is assigned to the adjacent roadways using the knowledge of the area and engineering judgement. The site -generated trip distribution is shown in Table 3 and it is graphically depicted in Figure 2 — Project Distribution by Percentage and by PM Peak Hour. Trebilcock Consulting Solutions, PA P a g e 1 7 BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Table 3 Proposed Development —Traffic Distribution for PM Peak Hour Roadway Link Collier County Link No. Roadway Link Location Collier Blvd. to Wilson Blvd. Distribution PM Peak Hour of Project Project Vol.* Traffic Enter Exit Immokalee Rd. (CR 846) 44.0 15% EB-49 WB-53 Immokalee Rd. (CR 846) Immokalee Rd. (CR 846) 45.0 Wilson Blvd. to Randall Blvd. Randall Blvd. to Project 35% EB —114 WB —124 WB — 177 45.0 50% EB —164 Immokalee Rd. (CR 846) 45.0 Project to Oil Well Rd. 40% WB —131 EB —142 Immokalee Rd. (CR 846) 46.0 Oil Well Rd. to 47th Ave. NE 10% WB — 33 EB — 35 Immokalee Rd. (CR 846) 46.0 47th Ave.NE to SR 29 5% WB —16 EB —18 Wilson Blvd. Golden Gate Blvd. 118.0 South of Immokalee Rd. 15% NB — 49 SB — 53 5% EB —16 WB —18 17.0 Collier Blvd. to Wilson Blvd. Golden Gate Blvd. Randall Blvd. Randall Blvd. 123.0 Wilson Blvd. to 18th St NE/SE 5% WB —16 Immokalee Rd. to 8th St NE 15% WB — 49 81h St NE to 16th St NE 10% WB — 33 161h St NE to Everglades Blvd. 5% WB —16 EB —18 132.0 JFI3 132.0 EB — 35 Randall Blvd. 132.0 EB —18 Randall Blvd. 133.0 Everglades Blvd. to Desoto Blvd. 50 WB —16 EB —18 Oil Well Rd. 119.0 Immokalee Rd. to Hawthorn Rd. 25% WB — 82 EB — 89 Oil Well Rd. 119.0 Hawthorn Rd. to Everglades Blvd. 15% WB — 49 EB — 53 Oil Well Rd. Everglades Blvd. 120.0 Everglades Blvd. to Desoto Blvd. 5% South of Oil Well Rd. 5% North of Oil Well Rd. 5% WB —16 EB —18 135.0 NB —16 SB —18 Everglades Blvd. 136.0 SB —16 NB —18 Note(s): *Peak hour, peak direction traffic volumes are underlined and bold to be used in Roadway Link Level of Service calculations. The peak direction of the roadway segments is illustrated in the 2020 AUIR. Trebilcock Consulting Solutions, PA P a g e 18 BCHD-1 li Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Figure 2 — Project Distribution by Percentage and by PM Peak Hour Project Distribution by Percentage 5% E E ABS = Absorption Naples 9 Immokalee Rd Project �TwinE Infor� Golden Gate Blvd_ 5%ABS I 5% ABS 25°ro MAB 40% 5% 5% 2%ABS F� 15% 10% 5% AB5 5%ABS m m w 15% $LEI 5% H oiI<Well Rd 5% 5% 5% Randall Blvd Trebilcock Consulting Solutions, PA P a g e 19 BCHD-1 li Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Naples I Project o Enter-164, Exit-177 Enter-49, Exit-53 - Immokalee Rd 4? 1 11 Enter-49, Exit-53 Project Distribution by PM Peak Hour 0 E vVO.MP Enter-16, Exit-18 E Enter-33, Exit 35 M M Enter-82, Exit-89 C,IC n d Enter-49, Exit-53 Enter-33, Exit-35 Enter-16, Exit-18 Enter-49, Exit-53 Enter-114. Exit-124 Enter-16, Exit-18 Enter-16, Exit-18 Golden Gate Blvd_ Golden Gate Blvd. m m W m a W Enter-16, Exit -Ell I Enter-16, Exit-18I Oil Well Enter- 16, E77 Randall Blvd. Enter-16, Exit-18 Trebilcock Consulting Solutions, PA P a g e 1 10 BCHD-1 fto Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Background Traffic Average background traffic growth rates are estimated for the segments of the roadway network in the study area using the Collier County Transportation Planning Staff guidance of a minimum 2% growth rate, or the historical growth rate from peak hour peak direction volume (estimated from 2008 through 2020), whichever is greater. Another way to derive the background traffic is to use the 2020 Annual Update and Inventory Report (AUIR) volume plus the trip bank volume. The higher of the two determinations is to be used in the Roadway Link Level of Service analysis. Table 4, Background Traffic without Project illustrates the application of projected growth rates to generate the projected background (without project) peak hour peak direction traffic volume for the build -out year 2025. Trebilcock Consulting Solutions, PA P a g e 1 11 BCHD-1(fka Immokalee Road - Estates Commercial Subdistrict) - CPUD/GMPA - TIS -January 2021 Table 4 Background Traffic without Project (2020 - 2025) T 2025 Projected 2025 2020 AUIR Projected Pk Hr, Peak Dir Projected Pk Pk Hr, Pk CC Traffic Background Hr, Peak Dir Dir Roadway AUIR Roadway Link Annual Growth Traffic Volume Trip Background Backgroun Link Link Location d ff' Growth Factor w/out Project Bank Traffic Volume ID # ra c Rate (trips/hr) w/out Project Volume a (%/yr)* Growth (trips/hr) Trip (trips/ Factor** Bank*** Immokalee Collier Blvd. to 44.0 2,480 4.0% 1.2167 3,017 725 3,205 Rd. (CR 846) Wilson Blvd. Immokalee Wilson Blvd. to 45.0 2,310 3.12% 1.1660 2,693 465 2,775 Rd. (CR 846) Randall Blvd. Immokalee Randall Blvd. to 45.0 2,310 3.12% 1.1660 2,693 465 2,775 Rd. (CR 846) Project Immokalee Project to Oil 45.0 2,310 3.12% 1.1660 2,693 465 2,775 Rd. (CR 846) Well Rd. Immokalee Oil Well Rd. to 46.0 Rd. (CR 846) 47t" Ave. NE 480 4.0% 1.2167 584 178 658 Immokalee 47t" Ave. NE to 46.0 480 4.0% 1.2167 584 178 658 Rd. (CR 846) SR 29 South of Wilson Blvd. 118.0 350 2.0% 1.1041 386 0 350 Immokalee Rd. Golden Gate Collier Blvd. to 17.0 1,910 2.0% 1.1041 2,109 0 1,910 Blvd. Wilson Blvd. Wilson Blvd. to Golden Gate 123.0 Blvd. 18t" St NE/SE 1440 2.0% 1.1041 1,590 15 1455 ' Immokalee Rd. to Randall Blvd. 132.0 gt" St NE 870 2.0% 1.1041 961 23 893 St NE to Randall Blvd. 132.0 1 6t" St NE 870 2.0% 1.1041 961 23 893 16t" St NE to Randall Blvd. 132.0 870 2.0% 1.1041 961 23 893 Everglades Blvd. Everglades Blvd. Randall Blvd. 133.0 665 2.0% 1.1041 735 0 665 to Desoto Blvd. Immokalee Rd. to 0il Well Rd. 119.0 950 4.0% 1.2167 1,156 417 1,367 Hawthorn Rd. Hawthorn Rd. to L0111Well Rd. 119.0 950 4.0% 1.2167 1,156 417 1,367 Everglades Blvd. Everglades Blvd. Oil Well Rd. 120.0 370 2.0% 1.1041 409 212 582 to Desoto Blvd. Everglades South of Oil 135.0 418 2.0% 1.1041 462 58 476 Blvd. Well Rd. Everglades North of Oil 136.0 560 3.08% 1.1638 652 0 560 Blvd. Well Rd. Note(s): *Annual Growth Rate - from 2020 AUIR, 2% minimum **Growth Factor = (1 + Annual Growth Rate)s. 2025 Projected Volume = 2020 AUIR Volume x Growth Factor. `2025 Projected Volume = 2020 AUIR Volume + Trip Bank. The projected 2025 Peak Hour - Peak Direction Background Traffic is the greater of the Growth Factor or Trip Bank calculation, which is underlined and bold as applicable. Trebilcock Consulting Solutions, PA P a g e 1 12 BCHD-1 (fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Existing and Future Roadway Network The existing roadway conditions are extracted from the Collier County 2020 AUIR and the project roadway conditions are based on the current Collier County 5-Year Work Program. Roadway improvements that are currently under construction or are scheduled to be constructed within the five- year Transportation Improvement Plan (TIP) or Capital Improvement program (CIP) are considered to be committed improvements. The Randall Boulevard segment from Immokalee Road to 8t" Street NE has intersection improvements planned which will include 4-laning Randall Boulevard to 8t" Street NE. As such, this Randall Boulevard segment is expected to have a 2025 peak direction, peak hour capacity volume of 2,000 vph. As no other improvements were identified in the Collier County 2020 AUIR, the other evaluated roadways are anticipated to remain as such through project build -out (2025 planning horizon year). The existing and future roadway conditions are illustrated in Table 5, Existing and Future Roadway Conditions. Trebilcock Consulting Solutions, PA P a g e 1 13 BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Table 5 Existing and Future Roadway Conditions CC 1 2020 Peak 2025 Peak 2020 Min. 2025 Roadway AUIR Roadway Link Dir, Peak Hr Dir, Peak Hr Roadway Standard Roadway Link Link ID Location Capacity Capacity Condition LOS Condition # Volume Volume I Immokalee Rd. _ Collier Blvd. to 44.0 6D E 3,300 (EB) 6D 3,300 (EB) (CR 846) Wilson Blvd. Immokalee Rd. Wilson Blvd. to _ 45.0 6D E 3,300 (EB) 6D 3,300 (EB) (CR 846) Randall Blvd. Immokalee Rd. Randall Blvd. 45.0 6D E 3,300 (EB) 6D 3,300 (EB) (CR 846) to Project Immokalee Rd. 45.0 Project to 6D E 3,300 (EB) 6D 3,300 (EB) (CR 846) Oil Well Rd. Immokalee Rd. Oil Well Rd. to (CR 846) 46.0 47th Ave.NE 2U D 900 (EB) 2U 900 (EB) 47th Ave. NE to Immokalee Rd. 46.0 2U D 900 (EB) 2U 900 (EB) (CR 846) SR 29 South of Wilson Blvd. 118.0 Immokalee Rd. 2U D 900 (SB) 2U 900 (SB) Golden Gate 17.0 Collier Blvd. to 4D D 2,300 (EB) 4D 2,300 (EB) Blvd. Wilson Blvd. Golden Gate 123.0 Wilson Blvd. to 4D D 2,300 (EB) 4D 2,300 (EB) Blvd. 1811 St NE/SE 4D 2,000 EB ( ) Randall Blvd. 132.0 Immokalee Rd. to 8th St NE 2U D 900 EB ( ) 8th St NE to Randall Blvd. 132.0 16th St NE 2U D 900 (EB) 2U 900 (EB) 16th St NE to Randall Blvd. 132.0 Everglades Blvd. 2U D 900 (EB) 2U 900 (EB) Randall Blvd. 133.0 Everglades Blvd. 2U D 900 (EB) 2U 900 (EB) to Desoto Blvd. Immokalee Rd. to Oil Well Rd. 119.0 i Hawthorn Rd. 4D D 2,000 (EB) 4D 2,000 (EB) 4D D 4D Oil Well Rd. 119.0 Hawthorn Rd. to Everglades Blvd. 2,000 (EB) 2,000 (EB) Everglades Blvd. Oil Well Rd. 120.0 to Desoto Blvd. 2U D 1,100 (EB) 2U 1,100 (EB) Everglades Blvd. 135.0 South of Oil 2U D 800 (NB) 2U 800 (NB) Everglades Blvd. 136.0 Well Rd. North of Oil Well Rd. 2U AL D 800 (NB) 800 (NB) 2U Note(s): 2U = 2-lane undivided roadway; 4D, 6D, 8D = 4-lane, 6-lane, 8-lane divided roadway, respectively; LOS = Level of Service. Trebilcock Consulting Solutions, PA P a g e 1 14 BCHD-1 fto Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Project Impacts to Area Roadway Network -Link Analysis The Collier County Transportation Planning Services developed Level of Service (LOS) volumes for the roadway links impacted by the project, which are evaluated to determine the project impacts to the area roadway network in the future horizon (2025). The Collier County Transportation Planning Services guidelines have determined that a project will be considered to have a significant and adverse impact if both the percentage volume capacity exceeds 2% of the capacity for the link directly accessed by the project and for the link adjacent to the link directly accessed by the project; 3% for other subsequent links and if the roadway is projected to operate below the adopted LOS standard. Table 6 illustrates the LOS traffic impacts of the project to the area roadway network. Trebilcock Consulting Solutions, PA P a g e 1 15 BCHD-1(fka Immokalee Road - Estates Commercial Subdistrict) - CPUD/GMPA - TIS -January 2021 Table 6 Roadway Link Level of Service (LOS) - With Project in the Year 2025 2025 Peak Roadway % Vol Min LOS Min LOS CC Peak Dir,Peak Link Peak Capacity exceeded exceeded Roadway AUIR Roadway Link r, P DiPeak Hr Hr Dir, Peak Hr Impact without with Link Link ID Location Volume # Capacity (Project Vol w/ pro ect** by Project? Project? Volume Added)* Project Yes/No Yes/No Immokalee Collier Blvd. to 44.0 3,300 (EB) EB-49 3.254 1.5% No No Rd. (CR 846) Wilson Blvd. Immokalee Wilson Blvd. to 45.0 3,300 (EB) EB -114 2,889 3.5% No No Rd. (CR 846) Randall Blvd. Immokalee Randall Blvd. 45.0 3,300 (EB) EB -164 2,939 5.0% No No Rd. (CR 846) to Project Immokalee 45.0 Project to 3,300 (EB) EB -142 2,917 4.3% No No Rd. (CR 846) Oil Well Rd. Immokalee Oil Well Rd. to Rd. (CR 846) 46.0 4711 Ave. NE 900 EB ( ) EB - 35 693 3.9% No No Immokalee 47' Ave. NE 46.0 900 (EB) EB -18 676 2.0% No No Rd. (CR 846) to SR 29 South of Wilson Blvd. 118.0 900 (SB) SB - 53 439 5.9% No No Immokalee Rd. Golden Gate Collier Blvd. to 17.0 2,300 (EB) EB -16 2,125 0.7% No No Blvd. Wilson Blvd. Golden Gate Wilson Blvd. to Blvd. 123.0 18t' St NE/SE 21300 (EB) EB -18 1,608 0.8% No No Randall Immokalee Rd. Blvd. 132.0 to 8tn St NE 2,000 (EB) ' EB-53 1,014 2.7% No No Randall 8tn St NE to Blvd. 132.0 16t' St NE 900 (EB) EB - 35 996 3.9% Yes Yes Randall 16th St NE to 132.0 900 (EB) EB -18 979 2.0% Yes Yes Blvd. Everglades Blvd. Randall Everglades Blvd. 133.0 900 (EB) EB -18 753 a 2.0% No No Blvd. to Desoto Blvd. Immokalee Rd. to Oil Well Rd. 119.0 2,000 (EB) EB - 89 1,456 4.5% No No Hawthorn Rd. Hawthorn Rd. to Oil Well Rd. 119.0 2,000 (EB) EB-53 1,420 2.7% No No Everglades Blvd. Everglades Blvd. Oil Well Rd. 120.0 1,100 (EB) WB -16 598 o 1.5/ No No to Desoto Blvd. Everglades South of Oil 135.0 800 (NB) NB -16 492 2.0% No No Blvd. Well Rd. Everglades North of Oil 136.0 800 (NB) NB -18 670 2.3% No No L Blvd. Well Rd. Note(s): *Refer to Table 3 from this report. **2025 Projected Volume = 2025 background (refer to Table 4) + Project Volume added. Trebilcock Consulting Solutions, PA P a g e 1 16 BCHD-1(fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Based on the information illustrated in Table 6, the following roadway segments are significantly impacted from a traffic perspective: Immokalee Road from Wilson Boulevard to 47th Avenue NE, Wilson Boulevard from Immokalee Road to Golden Gate Boulevard, Randall Boulevard from Immokalee Road to 16th Street NE, Oil Well Road from Immokalee Road to Everglades Boulevard and Everglades Boulevard north of Oil Well Road. Based on the data contained within the 2020 AUIR, the Randall Boulevard segment from 8th Street NE to Everglades Boulevard (Link ID #132.0) is shown to operate with a LOS deficiency in 2025 under background conditions. The Randall Boulevard segment is being evaluated through the Randall Boulevard Corridor Study (underway) and Immokalee Road and Randall Boulevard intersection improvement PD&E (underway). As illustrated in Table 6, all other analyzed roadway links are projected to operate within Collier County's adopted LOS standard with or without the project at 2025 future build -out conditions. Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) states that "the County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved." The Developer proposes to provide a transportation mitigation plan in order to stay consistent with Policy 5.1 of the Transportation Element of the Collier County's GMP. The Developer may be required to assist the County with potential capacity/operational improvements that would provide sufficient capacity on the Randall Boulevard analyzed segment. It is noted that the Immokalee Road analyzed segments are Collier County designated hurricane evacuation routes as depicted in Collier County Transportation Element — Map TR - 7. Site Access Turn Lane Analysis Connection to subject project is expected to consist of a full movement access drive onto Immokalee Road (CR 846) at its intersection with Orange Tree Boulevard, which is currently a signalized intersection. Immokalee Road (CR 846) is a 6-lane urban divided arterial under Collier County jurisdiction, and has a posted legal speed of 45 mph in the vicinity of the project. Based on FDOT Standard Plans Index 711- 001, for a posted speed of 45 mph — urban conditions — the minimum turn lane length is 240 feet (which includes a 50 foot taper) plus required queue. Project access is evaluated for turn lane warrants based on Collier County Right-of-way Manual: (a) two- lane roadways — 40 vph for right -turn lane/20 vph for left -turn lane; and (b) multi -lane divided roadways Trebilcock Consulting Solutions, PA P a g e 1 17 BCHD-1(fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 — right turn lanes shall always be provided; and (c) when new median openings are permitted, they shall always include left turn lanes. A dedicated westbound right -turn lane and a dedicated eastbound left -turn lane are warranted as the project meets the multi -lane criterion. Currently, there is an existing +/-340 foot eastbound left -turn lane servicing this intersection. A detailed evaluation of applicable access points will be performed at the time of site development permitting/platting to determine traffic operational requirements, as more accurate parameters will be made available. Improvement Analysis Based on the data contained within the 2020 AUIR, the Randall Boulevard segment from 8th Street NE to Everglades Boulevard (Link ID #132.0) is shown to operate with a LOS deficiency under 2025 background conditions. All other roadway network facilities have sufficient capacity to accommodate the proposed new trips for the amended project within the 5-year planning period. Based on the traffic impact analysis results, the proposed project is a significant traffic generator for the roadway network at this location. The Developer proposes to provide a transportation mitigation plan in order to stay consistent with Policy 5.1 of the Transportation Element of the Collier County's GMP. The Developer may be required to assist the County with potential capacity/operational improvements that would provide sufficient capacity on Randall Boulevard analyzed segment. The Mitigation Plan for the project is provided in the Mitigation of Impact section of this TIS. Consistent with the site access turn lane analysis results, site related turn lane improvements are warranted to accommodate traffic at build -out conditions. Per Collier County Right-of-way (ROW) Handbook Guidelines, if existing ROW is utilized for site related turn lane improvements, compensating ROW must be provided. A detailed evaluation of applicable access points will be performed at the time of site development permitting/platting to determine traffic operational requirements, as more accurate parameters will be made available. The maximum total daily trip generation for the proposed development shall not exceed 681 two-way PM peak hour net new trips based on the land use codes in the ITE Trip Generation Manual in effect at the time of application for SDP/SDPA or subdivision plat approval. Trebilcock Consulting Solutions, PA P a g e 1 18 BCHD-1 fto Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Mitigation of Impact The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are issued for the project, as applicable. The impact fees paid for by the project will compensate for the project impacts and specifically for the concurrency fair share portion required to restore the deficient roadway link 132 (Randall Blvd) as identified in this report (Table 6). The proposed access management approach for the project includes interconnection to future adjacent developments (both north and south) as well as connection modifications to the existing Orangetree Signal at Orangetree Blvd. The project access approach will provide efficient access and promote internal capture between the adjacent developments limiting trips on the adjacent roadway network. In addition, Vanderbilt Beach Road is being improved as a parallel facility to Randall Blvd, which will relieve traffic volumes on Randall Blvd. We believe our mitigation plan addresses the project's significant impacts on the roadways. Trebilcock Consulting Solutions, PA P a g e 1 19 BCHD-1 (fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Appendix A: Project Master Plan Trebilcock Consulting Solutions, PA P a g e 1 20 BCHD-1 (fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 0 COz ❑ 7 d Q N w Q CA0� W O w �a(> > J z N Q W W d Q m 2C�r W W a W wQrn 2Ov W Of OaraOi m a M WAY � W O JMO W Ja,O (D aY MO d Y [a z LL0 w 0 < m 0 r' ED O IMMOKALEE ROAD z Ww g > U U) W W W 0 z W W zp ? a U_U_' 0 Co> • N m Q W © w Z v > ~ 1 0 z m,� W , ] QO m �c ,W13 F W w w d } .� 0", � 3 , d 0 �- z Z' .. W LU D I ?0_ 7 0 m m LL W m U >- 0- wQ 0 a 0U �Q 1 W � � �Q J Qz � 0 W W W a, a w o L) I \ \l} o Q (V J �180 w W as W U IH 0 W 0 �� ozw �<LLL a 0 O VJI W W I Q °O6 o Q 00 W Q H U) U CO W c� z LLof Z > O W W I d �JmWW U,Z W w w w a 0 I w a_� Q� 03 � � f U zir Ui I W W I a C9w CE �L) CO a0 z ozw la m:5 7 Q U_ Ua O J °a °° m (n 00 w Q U I0 W W F F W Q o U F W 0 zQ (n 0 as CO Q > W U] W W m W W o- :� 0 zo t I_ CO J i _j 4TH STREET N.E. ' cJ o O CVo W o J a Qw o C 3 a 0 W a O J W W 0 z J Q Z 0 O_ ry W 0 Q Z 5 w w O O 0 U u1 J ® U 01 Trebilcock Consulting Solutions, PA P a g e 1 21 BCHD-1 (fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Appendix B: Initial Meeting Checklist (Methodology Meeting) Trebilcock Consulting Solutions, PA P a g e 1 22 BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply, or N/A (not applicable). Date: October 15, 2020 Time: N/A Location: N/A — Via Email People Attending: Name, Organization, and Telephone Numbers 1) Michael Sawyer, Collier County Growth Management Division 2) Norman Trebilcock, TCS 3) Daniel Doyle, TCS Study Preparer: Preparer's Name and Title: Norman Trebilcock, AICP, PE Organization: Trebilcock Consulting Solutions, PA Address & Telephone Number: 2800 Davis Boulevard, Suite 200, Naples, FL 34104 ph 239-566-9551 Reviewer(s): Reviewer's Name & Title: Michael Sawyer, Project Manager Collier Countv Transportation Planning Department Organization & Telephone Number: 239-252-2926 Applicant: Applicant's Name: O. Grady Minor and Associates, PA Address: 3800 Via Del Rey, Bonita Springs, FL 34134 Telephone Number: 239-947-0375 Proposed Development: Name: BCHD-I (flea Immokalee Road — Estates Commercial Subdistrict) CPUD/GMPA Location: West of hnmokalee Road (CR 846), and directiv west of the Immokalee road and Orange Tree Boulevard intersection, in Collier County (refer to Figure 1) Land Use Type: Retail, Medical Office ITE Code 4: LUC 820 — Shopping Center, LUC 720 — Medical -Dental Office Building. Description: The proposed Traffic Impact Statement (TIS) will support the Commercial Planned Unit Development (CPUD) and Growth Management Plan Amendment (GMPA) for the BCHD-I project. The applicant proposes to analvze 2 development scenarios: Scenario 1 — develop an up to 200,000 square feet (sfl shopping center, and Scenario 2 — 15M00 sf shopping center and 50,000 sf of medical office. The site is approximately 20 acres of currently vacant land. Page 1 of 6 Trebilcock Consulting Solutions, PA P a g e 1 23 BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Figure 1— Project Location Map Project Zoning Existing: Estates (E). Comprehensive plan recommendation: CPUD Requested: approval for ncv,; development Findings of the Preliminary Study: Study type: Since Proiected net external AM or PM proiect traffic is arealer than 100 two-way eak- hour trips, this study qualifies for a Major TIS — significant roadway and/or operational impacts. Proposed 11S will include trip generation, traffic distribution and assignments. significance test tbased on 2%12%/3% criterion), and operational site access analysis, The report w711 provide existing LOS and document the impact the proposed change a711 have on designated arterial and collector roads. Roadwa% concurcncv analysis —based on estimated net external PM traffic. The TIS shall be consistent with Collier County TIS Guidelines and Procedures. Site Access — The applicant proposed one access connection on Immokalee Road. Immokalee Road — segment from Wilson Blvd to Oil Well Road — Posted Speed — 45 mph, Design Speed — 45 mph. Operational site access — TIS will include tum-lane warrant analysis only. Internal capture reductions are considered based on ITE and Collier County guidelines recommendations. Pass -by rates are based on Collier County TIS Guidelines. Page 2 of 6 Trebilcock Consulting Solutions, PA P a g e 1 24 BCHD-1(fka Immokalee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Study Tvpe: (if not net increase, operational study) Small Scale TIS ❑ Minor TIS ❑ Major TIS Study Area: Boundaries: Adiacent street — east-Immokalee Road Additional intersections to be analyzed: N/A Build Out Year: 2025 Planning Horizon Year: 2025 Analysis Time Period(s): PM Peak Hour Future Off -Site Developments: N/A Source of Trip Generation Rates: ITE Trip Generation Manual, 10u' Edition Reductions in Trip Generation Rates: None: N/A Pass -by trips: Based on CC guidelines and recommendations Internal trips: Based on ITE and CC guidelines and recommendations Transit use: N/A Other: N/A Horizon Year Roadwav Network Improvements: 2025 MethodoloQy & Assumptions: Non -site traffic estimates: Collier County traffic counts and 2020 AUIR Site -trip generation: OTISS — ITE 10 h Edition Trip distribution method: Engineer's Estimate - refer to Figure 2 Traffic assignment method: project trip generation with background growth Traffic growth rate: historical growth rate or 2% minimum Turning movements: Site Access - 100% projected traffic will access the parcel via Immokalee Rd. Page 3 of 6 Trebilcock Consulting Solutions, PA P a g e 1 25 BCHD-1(fka Immokolee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Figure 2 — Project Trip Distribution by Percentage Project Distribution by Percentage 5% N ABS = Absorption 5 k ABS 1CF 546 ABS Project ,��, Napies 4 r race ABS H H 50% 19%ABS Twinrt�—ar; E, 5%ABS � 5% infor'ii E� H EE--�� /� 35% 15% 10% 5% 596 A63 5%ABS 3% ABS 5 % 596 H H �r Aas Page 4 of 6 Trebilcock Consulting Solutions, PA P a g e 1 26 BCHD-1(fka Immokolee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Special Features: from preliminary study or prior experience) Accidents locations: N/A Sight distance: N/A Queuing: N/A Access location & configuration: N/A Traffic control: MUTCD Signal system location & progression needs: N/A On -site parking needs: N/A Data Sources: CC 2020 AUIR; CC Traffic Counts Base maps: N/A Prior study reports: N/A Access policy and jurisdiction: N/A Review process: N/A Requirements: N/A Miscellaneous: N/A Small Scale Study —No Fee Minor Study - $750.00 Major Study - $1,500.00 X Methodology Fee $500.00 X Includes 0 intersections Additional Intersections - $500.00 each All fees will be agreed to during the Methodology meeting and must be paid to Transportation prior to our sign -off on the application. --------------------------------------------------------------- SIGNATURES Noy-m-ain, TrebUr'0 l'p, Study Preparer—Norman Trebilcock Reviewer(s) Applicant Page 5 of 6 Trebilcock Consulting Solutions, PA P a g e 1 27 BCHD-1(fka Immokolee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Collier County Traffic Impact Study Review Fee Schedule Fees will be paid incrementally as the development proceeds: Methodology Review, Analysis Review, and Sufficiency Reviews. Fees for additional meetings or other optional services are also provided below. Methodoloey Review - $500 Fee Methodology Review includes review of a submitted methodology statement, including review of submitted trip generation estimate(s), distribution, assignment, and review of a "Small Scale Study" determination, written approval/comments on a proposed methodology statement, and written confirmation of a re -submitted, amended methodology statement, and one meeting in Collier County, if needed. "Small Scale Studv" Review - No Additional Fee (Includes one sufficiency review) Upon approval of the methodology review, the applicant may submit the study. The review includes: a concurrency determination, site access inspection and confirmation of the study compliance with trip generation, distribution and maximum threshold compliance. "Minor Studv Review" - $750 Fee (Includes one sufficiencv review) Review of the submitted traffic analysis 'includes: optional field visit to site, confirmation of trip generation, distribution, and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of off -site improvements within the right-of-way, review of site access and circulation, and preparation and review of "sufficiency" comments/questions. "Major Study Review" - $1,500 Fee (Includes two intersection analysis and two sufficiencv reviews Review of the submitted traffic analysis includes: field visit to site, confirmation of trip generation, special trip generation and/or trip length study, distribution and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of traffic growth analysis, review of off -site roadway operations and capacity analysis, review of site access and circulation, neighborhood traffic intrusion issues, any necessary improvement proposals and associated cost estimates, and preparation and review of up to two rounds of "sufficiency" comments/questions and/or recommended conditions of approval. "Additional intersection Review" - $500 Fee The review of additional intersections shall include the same parameters as outlined in the "Major Study Review" and shall apply to each intersection above the first two intersections included in the "Major Study Review" "Additional Sufficiency Reviews" - $500 Fee Additional sufficiency reviews beyond those initially included in the appropriate study shall require the additional Fee prior to the completion of the review. Page 6 of 6 Trebilcock Consulting Solutions, PA P a g e 1 28 BCHD-1 (fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Apuendix C: Trip Generation Calculations ITE 10th Edition Trebilcock Consulting Solutions, PA P a g e 1 29 BCHD-1(fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Project Information Immokalee Rd - Estates Commercial - Retail - Project Name: ITE 10th No: Date: 09/04/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Trip Generation Manual, 10th Ed Land Use Size Daily AM Peak Hour PM Peak Hour Entry Exit Entry Exit Entry Exit 820 - Shopping Center (General Urban/Suburban) 200 1000 Sq. Ft. GLA 4816 4816 156 96 436 472 Reduction 0 0 0 0 0 0 Internal 0 0 0 0 0 0 Pass -by 722 723 39 24 109 118 Non -pass -by 4094 4093 117 72 327 354 Total 4816 4816 156 96 436 472 Total Reduction 0 0 0 0 0 0 Total Internal 0 0 0 0 0 0 Total Pass -by 722 723 39 24 109 118 TotalNon-pass-by 4094 4093 117 72 327 354 Trebilcock Consulting Solutions, PA P a g e 1 30 BCHD-1(fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 PERIOD SETTING Analysis Name: Daily Project Name : Immokalee Rd - Estates No Commercial - Retail - ITE 10th Date: 9/4/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Trip Generation Manual, 10th Ed Land Use Independent Size Variable Time Period Method Entry Exit Total 820 - Shopping Center 1000 Sq. Ft. GLA 200 Weekday Best Fit (LOG) 4816 4816 9632 (General Ln(T) = 0.68Ln(X) 50% 50% Urban/Suburban) +5.57 TRAFFIC REDUCTIONS Land Use Entry Reduction Adjusted Entry Exit Reduction Adjusted Exit 820 - Shopping Center 0 % 4816 0 % 4816 Land Use 820 - Shopping Center EXTERNAL TRIPS External Trips Pass -by% Pass -by Trips Non -pass -by Trips 9632 15 1445 8187 11 Trebilcock Consulting Solutions, PA P a g e 1 31 BCHD-1(fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 PERIOD SETTING Analysis Name: AM Peak Hour Project Name : Immokalee Rd - Estates No: Commercial - Retail - ITE 10th Date: 9/4/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Land Use Independent Size Time Period Method Variable 820 - Shopping Center 1000 Sq. Ft. GLA 200 Weekday, Peak Best Fit (LIN) (General Hour of Adjacent T = 0.5 (X)+151.78 Urban/Suburban) Street Traffic, One Hour Between 7 and 9 a.m. TRAFFIC REDUCTIONS Trip Generation Manual, 10th Ed Entry Exit Total 156 96 252 62% 38% Land Use Reduction Adjusted Entry Exit Reduction Adjusted Exit 820 - Shopping Center 0 % 156 0 % 96 EXTERNAL TRIPS Land Use 820 - Shopping Center External Trips Pass -by% Pass -by Trips Non -pass -by Trips 252 25 63 189 Trebilcock Consulting Solutions, PA P a g e 1 32 BCHD-1(fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 PERIOD SETTING Analysis Name: PM Peak Hour Project Name : Immokalee Rd - Estates No: Commercial - Retail - ITE 10th Date: 9/4/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Land Use Independent Size Time Period Method Variable 820 - Shopping Center 1000 Sq. Ft. GLA 200 Weekday, Peak Best Fit (LOG) (General Hour of Adjacent Ln(T) = 0.74Ln(X) Urban/Suburban) Street Traffic, +2.89 One Hour Between 4 and 6 p.m. TRAFFIC REDUCTIONS Trip Generation Manual, 10th Ed Entry Exit Total 436 472 908 48% 52% Land Use Entry Reduction Adjusted Entry Exit Reduction Adjusted Exit 820 - Shopping Center 0 % 436 0 % 472 Land Use 820 - Shopping Center EXTERNAL TRIPS External Trips Pass -by% Pass -by Trips Non -pass -by Trips 908 025 227 681 Trebilcock Consulting Solutions, PA P a g e 1 33 BCHD-1(fka Immokolee Road — Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 Project inform at Project Name: No: Date: City state/Province. zipf Postal code' Country: Client Name: Analyst's Name. Edition: Land Use 924 - Shopping C Urban/ Suburbar Reduction Internal PaxS•by Non -Pass -by 72G- MeditaI-❑E {General Llrlaanf Reduction Internal Pass -by Non -pass -by Total Total Reduction Total Intemal Total Pass -by Total Non -pass -I Trebilcock Consulting Solutions, PA P a g e 1 34 BCHD-1(fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 PERIOD SETTING Analysis Name: Daily Project Name : Immokalee Rd - Estates No: Commercial - Retail -Medical - ITE 10th Date: 9/4/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Trip Generation Manual, 10th Ed Land Use Independent Size Time Period Variable Method Entry Exit Total 820 - Shopping Center 1000 Sq. Ft. GLA 150 Weekday Best Fit (LOG) 3961 3960 7921 (General Ln(T)= 0.68Ln(X) 50% 50% Urban/Suburban) +5.57 720 - Medical -Dental 1000 Sq. Ft. GFA 50 Weekday Best Fit (LIN) 917 916 1833 Office Building T = 38.42 (X)+-87.62 50% 50% (General Urban/Suburban) TRAFFIC REDUCTIONS Land Use Entry Reduction Adjusted Entry Exit Reduction Adjusted Exit 820 - Shopping Center 0 % 3961 0 % 3960 720 - Medical -Dental Office Building 0 % 917 0 % 916 INTERNAL TRIPS 820 - Shopping Center 720 - Medical -Dental Office Building Exit 3960 Demand Exit: 29 % (1148) Balanced: Demand Entry: 4 % (37) Entry 917 Entry 3961 Demand Entry: 32% (1268) Balanced: Demand Exit: 28% (256) Exit 916 256 Trebilcock Consulting Solutions, PA P a g e 1 35 BCHD-1(fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 820 - Shopping Center Total Trips 3961 (100%) 3960 (100%) Internal Trips External Trips 3705 (94%) 3923 (99%) 720 - Medical -Dental Office Building Total Entry Exit 256 (6%) 37 (1%) 256 (6%) 37 (1%) Total 17921 (100%) 1293 (4%) 293 (4%) 17628 (96%) 720 - Medical -Dental Office Building Total Trips Internal Trips External Trips 820 - Shopping Ce me r Total Entry Exit 917 (100%) 916 (100%) 37 (4%) 256 (28%) 37 (4%) 256 (28%) 880 (96%) 660 (72%) Total 1833 (100%) 1293 (16%) 293 (16%) 1 1540 (84%) Land Use 820 - Shopping Center 720 - Medical -Dental Office Building EXTERNAL TRIPS External Trips Pass -by% 7628 15 1540 n Pass -by Trips Non -pass -by Trips 1144 6484 0 1540 Trebilcock Consulting Solutions, PA P a g e 1 36 BCHD-1(fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 PERIOD SETTING Analysis Name: AM Peak Hour Project Name : Immokalee Rd - Estates No Commercial - Retail -Medical - ITE 10th Date: 9/4/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Land Use Independent Size Variable Time Period Method 820 - Shopping Center 1000 Sq. Ft. GLA 150 Weekday, Peak Best Fit (LIN) (General Hour of Adjacent T = 0.5 (X)+151.78 Urban/Suburban) Street Traffic, One Hour Between 7 and 9 a.m. 720 - Medical -Dental 1000 Sq. Ft. GFA 50 Weekday, Peak Best Fit (LOG) Office Building Hour of Adjacent Ln(T) = 0.89Ln(X) (General Street Traffic, +1.31 Urban/Suburban) One Hour Between 7 and 9 a.m. 11 TRAFFIC REDUCTIONS Trip Generation Manual, 10th Ed Entry Exit Total 141 86 227 62% 38% 94 27 121 78% 22% Land Use Entry Reduction Adjusted Entry Exit Reduction Adjusted Exit 820 - Shopping Center 0 % 141 0 % 86 720 - Medical -Dental Office Building 0 % 94 0 % 27 820 -Shopping Center Exit 86 Demand Exit: 29 % (25) Entry 141 Demand Entry: 32 % (45) I NTERNAL TRIPS 720 - Medical -Dental Office Building Balanced: 4 Demand Entry: 4 % (4) Entry 94 Balanced: Demand Exit: 28 % (8) Exit 27 8 Trebilcock Consulting Solutions, PA P a g e 1 37 BCHD-1(fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 820 -Shopping Center 720 - Medical -Dental Office Building EXTERNAL TRIPS Land Use External Trips Pass -by% Pass -by Trips Non -pass -by Trips 820 - Shopping Center 215 25 54 161 720 - Medical -Dental Office Building 109 0 0 109 Total Trips Internal Trips External Trips 720 - Medical -Dental Office Building Total Entry Exit 141 (100%) 86 (100%) 8 (6%) 4 (5%) 8 (6%) 4 (5%) 133 (94%) 82 (95%) Total 227 (100%) 12 (5%) 12 (5%) 215 (95%) Total Trips Internal Trips External Trips 90 (96%) 19 (70%) 820 -Shopping Center Total Entry Exit 94 (100%) 27 (100%) 4 (4%) 8 (30%) 4 (4%) 8 (30%) Total 121 (100%) 12 (10%) 12 (10%) 109 (90%) Trebilcock Consulting Solutions, PA Page 1 38 BCHD-1(fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 PERIOD SETTING Analysis Name: PM Peak Hour Project Name : Immokalee Rd - Estates No: Commercial - Retail -Medical - ITE 10th Date: 9/4/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Trip Generation Manual, 10th Ed Land Use Independent Size Variable Time Period Method Entry Exit Total 820 - Shopping Center 1000 Sq. Ft. GLA 150 Weekday, Peak Best Fit (LOG) 352 382 734 (General Hour of Adjacent Ln(T) = 0.74Ln(X) 48% 52% Urban/Suburban) Street Traffic, +2.89 One Hour Between 4 and 6 p.m. 720 - Medical -Dental 1000 Sq. Ft. GFA 50 Weekday, Peak Best Fit (LIN) 48 124 172 Office Building Hour of Adjacent T = 3.39 (X)+2.02 28% 72% (General Street Traffic, Urban/Suburban) One Hour Between 4 and 6 p.m. ITRAFFIC REDUCTIONS Land Use Entry Reduction Adjusted Entry Exit Reduction Adjusted Exit 820 - Shopping Center 0 % 352 0 % 382 720 - Medical -Dental Office Building 0 % 48 0 % 124 —'i INTERNAL TRIPS 820 -Shopping Center 720 - Medical -Dental Office Building Exit 382 Demand Exit: 2 % (8) Balanced: Demand Entry.; 31 % (15) Entry 48 Entry 352 Demand Entry: 8 % (28) Bala2ced: Demand Exit: 20 % (2.5) Exit 124 Trebilcock Consulting Solutions, PA P a g e 1 39 BCHD-1(fka Immokalee Road —Estates Commercial Subdistrict) — CPUD/GMPA — TIS —January 2021 820 - Shoppinq Center Total Trips Internal Trips External Trips 720 - Medical -Dental Office Building Total Entry Exit 352 (100%) 382 (100%) 25 (7%) 8 (2%) 25 (7%) 8 (2%) 327 (93%) 374 (98%) Total 734 (100%) 33 (4%) 33 (4%) 1701 (96%) 720 - Medical -Dental Office Building Total Trips Entry 48 (100%) Exit 124 (100%) Total 172 (100%) Land Use 820 - Shopping Center 720 - Medical -Dental Office Building Internal Trips External Trips 820 -Shopping Center Total 8 (17%) 25 (20%) 8 (17%) 25 (20%) 40 (83%) 99 (80%) 33 (19%) 33(19%) 139 (81%) EXTERNAL TRIPS External Trips Pass -by% 701 025 139 0 Pass -by Trips 175 0 Non -pass -by Trips 526 139 I Trebilcock Consulting Solutions, PA P a g e 140 Concurrency Impacts for BCHD-1 Development January 2021 Concurrency impacts are presented for the following projected deficient (by background) roadway segments: - Randall Boulevard segment located from 81h Street NE to 161h Street NE. - Randall Boulevard segment located from 161h Street NE to Everglades Boulevard. Randall Blvd from 81h St NE to 161h St NE — 1.0 mi Widen from 2 lanes to 4 lanes Cost is derived from 2040 LRTP Amendment Adoption Report, May 25, 2018 — Appendix 2040 Needs Assessment with Project Selection Criteria — ID 35 Randall — 161h St NE to Desoto Blvd — 3.1 mi = $34,060,582 — Expand from 2U to 4D arterial Cost for 1.0 mi = $10,987,285 Pj Trips Deficiency = 35 Net Increase in Capacity = 900 (2U) to 2,000 (413) = 1,100 Percent Pj Deficient = 35/1,100 = 3.18% Cost Estimate = $10,987,285 x 3.18% = $349,396 Randall Blvd from 16th St NE to Everglades Blvd — 1.9 mi Widen from 2 lanes to 4 lanes Cost is derived from 2040 LRTP Amendment Adoption Report, May 25, 2018 — Appendix 2040 Needs Assessment with Project Selection Criteria — ID 35 Randall — 16th St NE to Desoto Blvd — 3.1 mi = $34,060,582 — Expand from 2U to 4D arterial Cost for 1.9 mi = $20,875,841 Pj Trips Deficiency = 18 Net Increase in Capacity = 900 (21.1) to 2,000 (4D) = 1,100 Percent Pj Deficient = 18/1,100 = 1.64% Cost Estimate = $20,875,841 x 1.64% = $342,364 Project Total Concurrency Impact = $691,760 = $0.7M Projected Road Impact Fees to be collected from project: $2.7 million to $3.5 million. Trebilcock Consulting Solutions, PA 1 1 Concurrency Impacts for BCHD-1 Development January 2021 Trebilcock Consulting Solutions, PA P a g e 1 2 BCHD I CPUD (PL20200000546) Deviation Justification 1. Deviation 1 seeks relief from LDC Section 5.06.04.F.3., "Directory Signs", which permits Multiple -occupancy parcels or multiple parcels developed under a unified development plan , with a minimum of 8 independent units, and containing 20,000 square feet or more of leasable floor area shall be permitted 1 directory sign a maximum of 10 feet in height and a maximum of 100 square feet at one entrance on each public street, to instead allow a single directory sign where fewer than 8 independent units are developed under a unified plan. Justification: The project is under unified control and will have a single project entrance on Immokalee Road. The site will be bifurcated by an internal drive that will provide vehicular interconnection to the mixed -use project located immediately south of the project. the location of the interconnection creates a situation where all commercial uses will not have visibility from Immokalee Road. The site may have fewer than 8 independent tenants/user; however, it is necessary for the uses which will not have frontage on Immokalee Road in order to provide appropriate way finding for motorists/customers. 2. Deviation 2 seeks relief from LDC Section 6.06.01. — "Street System Requirements" and "Appendix B, Typical Street Sections and Right -of -Way Design Standards". The LDC establishes a minimum 60-foot right of way width for local streets. This deviation proposes to instead allow for private roads within the site to be located in a 50-foot wide access easement or Right - of -Way. Justification: The number of lanes and required lane width can be accommodated within the proposed 50-foot access easements or rights of way and the reduction in the minimum required width will provide for a more efficient and compact development project. December 16, 2020 Page 1 of 1 BCIRPUDZ-20 Deviation Justification-r2. docx E'7[�} 19 i no r f,iviI Frigfnccrs • Land Svrxc}vrs • Ili aTiRm • I,arids Capl• Arch iicrly Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com AFFIDAVIT OF COMPLIANCE Petition PL20200000546, BCHD I CPUD Rezone (PUDZ) and Petition PL201600002211CP-2018-4, Immokalee Road -Estates Commercial Subdistrict I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliant Sharon Umpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A. State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this January 4, 2021 by Sharon Umpenhour as Senior Planning Technician, who is personally known to me. �! - <;? - 4�� --- (Signature of Vtary Public) CARfN J. DINYEA X_"4.EXPIRES: MY IM Y# GGp4Carin J. Dwver : Printed Name of Notary GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects NEIGHBORHOOD INFORMATION MEETING Petition PL20200000546, BCHD I CPUD Rezone (PUDZ) and Petition PL20160000221/CP-2018-4, Immokalee Road -Estates Commercial Subdistrict A Neighborhood Information Meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Noel J. Davies of Quarles & Brady, LLP, representing BCHD Partners I, LLC (Applicant) will be held on Wednesday, January 20, 2021, 5:30 pm at Saint Monica's Episcopal Church, Parish Hall, 7070 Immokalee Road, Naples, FL 34119. Individuals who would like to participate remotely or have questions or comments should contact Sharon Umpenhour, Senior Planning Technician with Q. Grady Minor & Associates, P.A. by email: sumpenhour@gradyminor.com, phone: 239-947-1144, or mail: 3800 Via Del Rey, Bonita Springs, FL 34134. Project information is posted online at www.gradyminor.com/planning. BCHD Partners I, LLC submitted formal applications to Collier County, seeking approval of a Growth Management Plan (GMP) Amendment and Commercial Planned Unit Development (CPUD) Rezone. The GM amendment proposes to create a new commercial sub -district under the Golden Gate Area Master Plan to allow up to 200,000 square feet of gross floor area for commercial land uses in the subdistrict. The companion PUD rezone proposes to rezone the property from E, Estates to BCHD I CPUD to allow development of the property with uses permitted by right and conditional use in the C-3, Commercial General Intermediate zoning district and the following limited C-4 uses: Motor freight transportation and warehousing (mini- and self -storage warehousing only, SIC 4225); Carwashes provided that carwashes abutting residential zoning districts shall be subject to 5.05.11 of the Land Development Code (LDC); Medical and dental laboratories; and Nursing and professional care facilities; The subject property is comprised of 19.13± acres, located on the west side of Immokalee Road approximately one-half mile north of Randall Boulevard in Section 22, Township 48 South, Range 27 East, Collier County, Florida. 33rd AVE NE N SUBJECT Oii Well RV G`ov}R s PROPERTY ��v QaCO p W l a0 SagtS°g �Gt� MuTopR m� f O' w z Z LU Z fn Ce�a v I.-s CT Ha Project Location Map m C N C,•O "' cr w W ve oR Q4 V V h O01 25th AVE w a o NE 25th AVE NE , Birdte D e0o Randall BLVD The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. Q. Grady Minor & Associates, P.A. 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Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Noel J. Davies of Quarles & Brady, LLP, representing BCHD Partners I, LLC (Applicant) will be held on Wednesday, January 20, 2021, 5:30 pm at Saint Monica's Episcopal Church, Parish Hall, 7070 Immokalee Road, Naples, FL 34119. Individuals who would like to participate remotely or have questions or comments should contact Sharon Umpenhour, Senior Planning Technician with Q. Grady Minor & Associates, P.A. by email: sumpenhour@gradyminor.com, phone: 239-947-1144, or mail: 3800 Via Del Rey, Bonita Springs, FL 34134. Project information is posted online at www.gradyminor.com/planning. BCHD Partners I, LLC submitted formal applications to Collier County, seeking approval of a Growth Management Plan (GMP) Amendment and Commercial Planned Unit Development (CPUD) Rezone. The GMP amendment proposes to create a new commercial sub -district under the Golden Gate Area Master Plan to allow up to 200,000 square feet of gross floor area for commercial land uses in the subdistrict. The companion PUD rezone proposes to rezone the property from E, Estates to BCHD CPUD to allow development of the property with uses permitted by right and conditional use in the C-3, Commercial General Intermediate zoning district and the following limited C-4 uses: Motor freight transportation and warehousing (mini- and self -storage warehousing only, SIC 4225); Carwashes provided that carwashes abutting residential zoning districts shall be subject to 5.05.11 of the Land Development Code (LDC); Medical and dental laboratories; and Nursing and professional care facilities; The subject property is comprised of 19.13± acres, located on the west side of Immokalee Road approximately one-half mile north of Randall Boulevard in Section 22, Township 48 South, Range 27 East, Collier County, Florida. r SUBJECT — aYJcli72 roYc aR PROPERTY ti9 4Tt i p 4° I.Y. r w 25LFI AI+ENE 251hAVE WE Bf�lc RAr):111 EL G _F The Neighborhood Information Meeting is for informational purposes, it is not a public hearing. NEIGHBORHOOD INFORMATION MEETING Petition PL20200000546 BCHD I CPUD Rezone and PL20160000221/CP-2018-4, Immokalee Road - Estates Commercial Subdistrict January 20, 2021 PLEASE PRINT CLEARLY ***FLease be actvL-eW** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. NAME: qLy'I S 1 7/CQ EMAIL: WAU kI Z�LTnAZ !�o! a ._ ADDRESS"�q VO 5%� PHONE: NAME: � �� fly T -r1 �,� EMAIL: ADDRESS: �r � 1 ���*-� PHONE: ��?� "` � �•� �� fl�7 NAME: � T EMAIL: ADDRESS: PHONE: ChQ1 z7�,i1_/7 Sly NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NIM Sign -in Sheet 01-20-2021 BCHD I CPUD January 20, 2021 NIM (PL20200000546) First Name ast Name mail Registration Time pproval Status Anita Jenkins anita.jenkins@colliercountyfl.gov 1/20/202116:29 approved PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript Noel Davies: Good evening, everyone. Thank you for being here this evening. My name is Noel Davies. I am the land use attorney for the subject project that we're for this evening. This is a neighborhood information meeting. We refer to it as a NIM. This is a public information process, that under the county regulations is part of the requirement for the types of development applications that you're going to be hearing about this evening. The time is 5:33. It's January 20, Wednesday, 2021. you have in attendance Wayne Arnold from Grady Minor, who is the professional planner on the project. Sharon Umpenhour with Grady Minor is also here. BCHD Partners One, LLC, which is an affiliate entity of Barron Collier Companies, is the applicant for the subject projects. And Austin Howell is here as the representative from Barron Collier Companies. Nancy Gundlach is also — hi, Nancy — from the county and is available to answer any of your questions as well, as am I and the whole team. and Anita Jenkins is attending from the county as well via Zoom. So, this meeting is being — is being projected onto Zoom and all COVID guidelines are being — being followed. I have removed my mask with your all's consent and am standing very far away from you so I can talk into this microphone as well. So, for the record, we are here this evening for Petition PL20200000546, which is BCHD 1 CPUD — I'll get to the meaning of PUD shortly — and Petition PL20160000221, the Immokalee Road Estates commercial subdistrict, which is the GMPA application — growth management plan amendment application. I'm happy to take specific questions about that as well. The other members of our team are also available in the event that you have any specific questions relating to their respective areas of expertise. They are not here today, but, happy to provide their contact information to you all and let them answer some of your specific questions. That includes Norm Trebilcock, who is our traffic engineer, from Trebilcock Consulting Solutions, Bruce Layman, our ecologist from Peninsula Engineering, as well as Russ Weyer, an economist with Real Estate Econometrics. So, I'm showing you now on the screen the location map of the subject property. You'll see, the assemblage, four different parcels. We are located on the western side of Immokalee Road as Immokalee turns just north of the curve to the north at Randall Boulevard. and — Page 1 of 14 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript Sharon Umpenhour: It has a pointer. Noel Davies: Yes. So, with the pointer — Sharon Umpenhour: I don't think it'll work on the TV. Noel Davies: It doesn't really show on the screen. Wayne Arnold: Um, well, if I may [grabs pointer] — Noel Davies: Oh, wonderful. [Crosstalk] Noel Davies: Thank you, sir. This is Immokalee Road going east. That's Randall Boulevard here that I'm pointing to. and then the road curves to the north as you all are — all probably familiar with. Right about 4th Street Northeast. As you continue north there is a residential development to your east, which is the Orange Tree residential neighborhood, and at that signalized intersection, the subject property is directly to the west, across the street from there. And there are three — excuse me, four parcels, which will be assembled together by my client. and those parcels IDs are there. If you have specific questions for me or any of the members of our team with respect to the parcel IDs or location, please let us know. So, the next slide details the current zoning of the property, which is E — Estates. The proposed zoning of the property, which is the subject of our PUD application, CPUD, which stands for commercial planned unit development, which is a zoning category — a site plan zoning category. And we are seeking to amend the zoning to amend the current estates zoning to this newly created planned unit development. There is also a future land use category, which the existing future land use category went into the county's comprehensive growth management plan, is the estates designation, mixed use district, residential subdistrict. I know that's a mouthful. If you have questions about the specifics of that, please let me know. And as part of our accompanying GMPA application, which we did have our hearings for with respect to the transmittal portion of that, and it has been transmitted to the state — the proposed future land use is estates designation, mixed use district, Immokalee Road Estates commercial subdistrict, which is the proposed subdistrict Page 2 of 14 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript being created as part of this development application process. the total acreage of those four parcels in the assemblage that I mentioned is 19.13 acres. So, the growth management, and planned unit development application — and I'm going to refer to these as the GMPA application and the PUD application — these are simultaneous, contemporaneous applications. One deals with the land use category. The other deals with the zoning. And they often move through the process with the county, together, but there are different parts for each. And Nancy or Anita, I'm hoping, can also answer additional questions with respect to the county process on that. Growth management — growth management planning amendment to create a new subdistrict — this is what we're proposing — to allow commercial land uses. As I mentioned, transmittal hearings, which were held at, on September 17th in front of the Collier County Planning Commission and October 27, 2020 for the Board of County Commissioners, at those hearings, we did receive unanimous approval to transmit the subject application, that GMPA application, to the state. that comes back down from the state and adoption hearings are scheduled for both the GMPA application as well as the PUD rezone. This neighborhood information meeting is part of that adoption or pre -adoption hearing process. The rezone application is from the Estate's zoned district to CPUD, as I mentioned, and the specifics of that, which would allow the total of two hundred — excuse me, 200,000 square feet of gross commercial floor area, to include the following: all permitted and conditional uses in the Cl through C3 zoning districts of the Collier County Land Development Code, as well as car washes, medical and dental laboratories, motor freight transportation and warehousing, which is an indoor, air-conditioned, self -storage use, as well as nursing and professional care facilities. This is the proposed subdistrict language which memorializes what I just walked through. And if there are some questions on this, please don't hesitate to ask. These are the proposed CPUD permitted uses. I just walked through these. You can see them in a little larger front there. Again, any questions, let us know. And these are specific uses that our client has agreed to prohibit. For the purpose of clarification and in the abundance of — of caution involved in this, these following uses are prohibited: employment agencies, health supply services, labor pools, manpower pools, homeless shelter, soup kitchen, psychiatric hospital, specialty Page 3of14 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript hospitals, individual and family social services. And there are a number of details with respect to that. Again, if you have questions on that, please let us know. This is all part of our development application file with the county. These are specific uses that we've carved out to prohibit. And this is the proposed master plan. if you have specific questions on this, I'm happy to answer them. And Wayne Arnold, again with Grady Minor, is here to, answer your questions. Can we [inaudible] [00:08:50]? Wayne Arnold: So, you'll recall that we had a four -parcel assemblage. Three of the parcels abut Immokalee Road, and then we have what we call the finger parcel, which is what's indicated here, water management. and that parcel, abuts just slightly — it shows that this is approximately 180 feet on 4th Street Northeast. and to be clear, that particular parcel is going to be reserved for water management purposes, open space, buffering. There's not going to be physical construction of structures on that parcel. And that's — that's something that, my client has agreed to, as part of this process. You can see the access here at Orange Tree Boulevard. There's, a natural preserve to the north portion of the property, and then other buffers, and details with respect to the site development regulations, which are in accordance with the PUD regulations in the county codes and have been reviewed by county staff. Noel Davies: Thank you, Wayne. So, one other item on this is the interconnections with property to the north and property to the south. and you'll note on this site plan that there is an indication for vehicular and pedestrian interconnection. That's at the south boundary line of the subject property to our neighbor to the south, so there will be interconnection there, as well as a note for vehicular -pedestrian interconnection at the north end of our property, where — where there will be an interconnection with our neighbor to the north. Anything else on the site map? Yes, sir. If I may, I'm just close to finishing the PowerPoint and then take questions. Okay. So, this is a list of the proposed development standards for the PUD application. I'm happy to walk through any of these, with you all. Proposed deviations. We're requesting relief from Section 5.06.04(f)(3), directory signs. We're also requesting, in deviation two, relief from LDC Section 6.06.01, street system requirements, and Appendix B, typical street sections and right of way design Page 4 of 14 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript standards. These are our deviations, and any questions related to those I'll direct specifically to Mr. Arnold. In conclusion — and I do want to get to your questions — documents and information can be found online, gradyminor.com — Wayne's company — slash planning. And I believe that there are business cards, for Ms. Umpenhour at the front. So, any additional questions can be directed towards Sharon and our team will get you an answer. also, on Collier County Growth Management Public Portal. The website for that is there. Next steps. So, hearing signs will be posted on the property advertising the Planning Commission and Board of County Commissioners hearing dates. Those are to be determined. This is one step in moving forward through that process. So, those hearing signs will be posted on the subject property. And again, contact information for Sharon as well as for Nancy and Corby, who is not here today. But Anita Jenkins from the county is also on Zoom and her contact information is available on the county website. And I'm sure Nancy, or one of us will get back to you as well. So, with that, thank you all again for coming and I will open it to questions. Yes, sir? Jerry Moon: On the car wash — Noel Davies: And, sir, if I may, if you could just — just because we're recording this — if you could state your name for the record and your address. Jerry Moon: My name is Jerry Moon, and my address is 2950 4th Street Northeast. Noel Davies: Yes, sir. Jerry Moon: The car wash. How are you guys going to be, plan on getting water there? Does the county, run water lines out there? [Crosstalk] Wayne Arnold: Yeah, sure. This is Wayne Arnold. And there is water and sewer service availability in Immokalee Road that we'll be tapping into for this project. The county operates and took over the Orange Tree utility and they're going to be expanding that operation and increase capacity for us for both water and sewer here. Jerry Moon: What about the runoff from the car wash? I mean, I just put in a Page 5 of 14 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript brand new well two years ago and you guys are going to be almost neighbors. The runoff from the car wash. Wayne Arnold: Yeah. The water for most of these new car washes — and Austin may have more information on this — but it does require recycle — recycling of their water. It'll also then get treated and discharged into our sewage system, so it's not like we just discharge it offsite. The water is treated and collected as far as the sewer system. Jerry Moon: Okay. Noel Davies: Thank you, Wayne. Other questions? Yes, sir. John Pelletier: Yeah. John Pelletier. I live at 2961 4th Street Northeast, right across —just across there. Noel Davies: Yes, sir. John Pelletier: So, the thing that caught my eye was the — in the letter — was, motor freight transportation. Noel Davies: Yes. John Pelletier: Can you elaborate on what that is? Noel Davies: Yes, sir. That's the County's term for self -storage facilities that you've seen around town. So it's an indoor, air-conditioned, self - storage facility. Wayne, would you like to add to that? Wayne Arnold: You've probably seen Cube Smart, or lockup storage? John Pelletier: Yeah. Wayne Arnold: Those are the types of uses — John Pelletier: That description is — didn't seem like it would match, storage units. motor freight transportation, it just — Wayne Arnold: That's — that's why — John Pelletier: To me, it sounds like tractor trailers. Wayne Arnold: Well, just to elaborate, the County requires us to put everything we can in. So, it's called the Standard Industrial Classification Manual that the federal government publishes. Page 6 of 14 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript John Pelletier: Okay. Wayne Arnold: So, that's the category that self -storage is under. And we further restricted us to having air-conditioned indoor self -storage, so it doesn't allow for the outdoor storage lot or just general warehouse - type storage. It has to be an indoor self -storage facility. John Pelletier: Okay. And, C 1 to C3 is what the proposal was? Noel Davies: Yes. John Pelletier: Oh, yeah, C1 to C3. it — was I wrong? Was C4 on the letter? Or is there a C4? Austin Howell: There is a C — this is Austin Howell with Barron Collier. There's a C4 and C5 zoning. John Pelletier: Okay. Austin Howell: We had selected additional uses from C4. We didn't want all of the C — we didn't want all of the C4 uses. It felt — it was a little much. So, we had specifics that we selected from that list after identifying information. Wayne Arnold: And this is Wayne Arnold again, I would just add that when we started this process, and some of you may have come to the transmittal neighborhood information meeting, we asked for C 1 through C4. And as we went through the process between staff and planning commission, they asked us to limit the C4 uses further. So, we left this with what? Four — four C4-type uses. The rest of them are C1 through C3 uses, which you find commonly in your neighborhood centers throughout Golden Gate Estates. John Pelletier: Okay. And the C4 uses aren't specified there? Noel Davies: Those — those are the C4 uses, sir. It says Cl through C3, and then the original request was for all C4 uses, and that's been pared down to just those specific four uses there from the C4 category. John Pelletier: Okay. Noel Davies: So, no other uses in the C4 category are are permitted. John Pelletier: Aren't permitted. Okay. Noel Davies: Okay? Page 7of14 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript John Pelletier: Well, just for the record, the motor freight transportation is — I know — to me, that sounds like we're back to a bus depot again. Noel Davies: Yeah. And so — no, I — John Pelletier: That — that wording right there is awful. Noel Davies: If I can make one other point of clarification, and this is sort of an idiosyncrasy in the way that the Collier County Land Development Code has — has developed, but motor freight transportation and warehousing is broader than self -storage. In the parenthetical which Wayne was referencing, that SIC code, which is a planning terminology for use codes, we're limiting ourselves specifically — and this is based on, you know, the county definition of these terms — to 4225, which is the SIC code for air- conditioned mini and self -storage warehousing only. So, that is what the limitation is. Anything beyond self -storage or air-conditioned self -storage is not permitted and is not being proposed. John Pelletier: Okay. Well, again, for the record, I don't want that. But it's up, you know, to other people to decide that. The other stuff is fine with me. The other question I had — unless did you want to? The little, finger parcel. Noel Davies: Yes. John Pelletier: We were talking about that. does that really need to be changed to commercial to put water on it? Noel Davies: It does. John Pelletier: Does it? Noel Davies: So, it's all — it goes through the process as part of that assemblage. That's why I explained that piece of it. At that point, it all goes as a — as a group of parcels together. That's — that's part of the development application process. John Pelletier: Throwing water from a commercial property to a residential property wouldn't be feasible. Is — that's what I was getting at. You can't not change that piece because that's where all the water's going and it's part of the project. Was that always the intent to put that water on that property? Page 8 of 14 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript Wayne Arnold: It has been since the inception of this property. Yes. It's gonna serve multiple purposes, as Noel said. It's going to serve offering general open space and water management — Wayne Arnold: Water treatment. Austin Howell: Yeah. Lindzy Frost: Water treatment? Wayne Arnold: The treatment of — our service water has to be treated before it can be discharged anywhere off the site. Yes, ma'am. Phyllis Litka: Phyllis Litka, 2940 2nd Street Northeast. So, where that — is that going to be a lake? Or is that going to — I forget how they — they word that. Noel Davies: Do you know that? Austin Howell: No. Wayne Arnold: I don't know if we know for sure whether that's going to be a lake or a dry retention system yet. Phyllis Litka: Oh, that's what — yeah. Okay. Wayne Arnold: And so the water management is the general term for whether it's a lake or dry retention. Some projects have both. that parcel is about 180-feet wide, so it's wide enough to have a lake. We just don't know if we're going to be digging it as a lake yet or designing it as a dry retention system. Phyllis Litka: Which would be, like, going east on Immokalee, right before Wilson, that big, huge parcel? Wayne Arnold: Mm-hmm. Phyllis Litka: Is — is that what it would like if it — Wayne Arnold: Yes. Yes. And right now — right at the corner of 4th Street and Immokalee Road, the county has a large dry retention system and it functions to take in stormwater during heavy rain events. It filters into the ground where it ultimately discharges over a structure. But it's the same concept. And like I said, I don't think we know quite yet if it's gonna be designed to be dry or wet. Page 9 of 14 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript Phyllis Litka: Okay. Noel Davies: Other questions? Good questions. Yes, ma'am. Lindzy Frost: Lindzy Frost, 2950 4th Street. what are you — how is the noise level gonna be? You're gonna be cutting down all these trees and Immokalee Road is always already noisy. So, it's gonna make for a neighborhood with a lot more noise and with less trees. Noel Davies: You want to speak on that? Wayne Arnold: I can. Sure. This is Wayne again. The — I think we've asked for several uses, and Nancy, you can chime in, but certain uses the county is going to ask us to limit hours that operate. Any type of outdoor music to be played for any use, whether it's, you know, a restaurant that wants to have piped in outdoor music or something, they're going to probably ask us to limit those hours. They're probably gonna ask us to orient certain uses away from 4th Street and toward Immokalee Road. They'll have — some of our uses may have hours of restriction on them so that they're not open late into the night. We'll have lighting standards to make sure there's no light pollution into your neighborhood. So, those are pretty common things that we deal with on all of these projects. the noise is something that — whether it's going to be for single-family houses that clear the lot or it's gonna be a commercial operation, I mean, the trees are largely gonna be gone. But you can notice from that exhibit, there is a large portion of the site that's going to be a preserve on the north portion of the site. And that's a function of required native vegetation that we have, so we do have to retain some native and, obviously, we're gonna have buffers and — and newly planted vegetation as well. John Pelletier: John Pelletier again. Noel Davies: Yes, sir. John Pelletier: The buffer on the 4th Street Northeast, is that 40-foot or a 20-foot buffer? Noel Davies: Yeah. so, there's a 20-foot buffer indicated on the proposed master plan. That is 180-feet wide and, approximately how — how wide is that parcel length. The point of that piece is for all that to — to serve as some sort of buffering, open space purpose. Austin Howell: Yeah. Page 10 of 14 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript Noel Davies: There's not going to be, as I mentioned, physical construction of structures on that — on that parcel. John Pelletier: Yeah, yeah, yeah. I understand. and is there any native vegetation that's gonna stay there? Noel Davies: So the preservation and the native vegetation is going to be in the — I can't — I'm trying to point to it before. There's an area there marked "preserve" on the — on the north side. John Pelletier: Oh, yeah, no. I was talking about that strip that — that comes — the finger strip off of — Austin Howell: That — that would be cleared for that either open space or — or water management. John Pelletier: Type D. What is that? Is that a berm — Wayne Arnold: Technically, a buffer. It's the standard buffer that's required to be constructed along the right of way. So, it's probably going to be trees in that location. The county has a requirement — the reason that it's not called out as preserve, even if we retain some of the native vegetation, all preserve areas on a PUD have to be contiguous on site where you have that vegetation and the county and the ecologists have looked at that and determined that that's the best place for our preserve because there's presence of some wetland communities in that part of the site. So, that's why it's showing as preserve. John Pelletier: Okay. And — okay. So, yeah. And it's just — I'm just getting back to that buffer right on 4th Street, the tip of that water management. is that going to be planted — 10-foot or 15-foot plants? Or what — what are they — what's this Type D? Do they have to go in at a certain height? Noel Davies: Are you referring, sir, to the Type D buffer there that — John Pelletier: Yeah. Noel Davies: — that Mr. Arnold was — was referencing? John Pelletier: On the finger, right at — right at the — where it crosses or hits 4th Street Northeast. It's a little rectangle. Wayne Arnold: So, Nancy's got an answer for you. Page 11 of 14 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript John Pelletier: Okay. Wayne Arnold: We'll let her respond — Noel Davies: Yeah, Nancy. Nancy Gundlach: A Type D buffer — I'm a landscape architect, too. John Pelletier: Okay. Nancy Gundlach: It's, trees are 10-feet tall at planting and they're 30 feet on center. John Pelletier: Okay. Any veg material underneath? Nancy Gundlach: Any what? John Pelletier: Veg material. Nancy Gundlach: If it's adjacent to a parking lot, yes. If it's not adjacent to a parking lot, then no. John Pelletier: Okay. So — Nancy Gundlach: And it would be a double row edge, 24 inches tall. John Pelletier: We'll right straight through it. If it's just the tree every 30 foot and then nothing underneath? Nancy Gundlach: Correct. John Pelletier: Okay. So, we will see straight into that. Nancy Gundlach: Well, are you talking about from 4th Street where that water body — well, where this detention is? John Pelletier: Yeah. Yeah. I — I, honestly, you know — and even in the neighborhood, I know the neighbors on either side aren't here — Nancy Gundlach: Okay. John Pelletier: But, just as — you know, as much buffering as possible even at the eye level would be nice. With the cocoplum or something like that. Nancy Gundlach: We have a sample strip that's — [Crosstalk] Page 12 of 14 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript Nancy Gundlach: Can you do a C buffer like you did on the other one? Wayne Arnold: We'll certainly — [Crosstalk] Wayne Arnold: We'll talk about that again. Consider what kind of additional buffer we might be able to provide there. John Pelletier: Yeah. Nancy Gundlach: Yeah, I just — John Pelletier: Just as — as a note, you know, trees are to be 30-foot, too high. I'd do that, too, but I'm sure we'd like to have something — Nancy Gundlach: Yeah, just, for the record — for the recording — we're talking about trying to do some buffering just at that little corner there in the, what's exposed to, 4th Street. An additional 15-foot wide Type B buffer. Wayne Arnold: And I think that, obviously, we'll certainly consider enhancing that buffer. Nancy Gundlach: Yeah. Similar to the one we did to the south. Just where that little rear portion of the shopping center is exposed. John Pelletier: And then on either side? Just, again, I — I can't speak for those neighbors, but is there, like, a certain spot you have to stop and not put the water retention? Is there — what do they call it? Easement? Nancy Gundlach: Well, why — it's John, right? John Pelletier: Yes. Nancy Gundlach: John, what I was suggesting to the is putting the buffer at the rear of where the shopping center would be, so it would be more, away from 4th Street. So, at 4th Street, you're looking in and you're just seeing either dry retention or a lake. And then once you hit the buildings, what I had suggested was a Type B buffer, which is trees 25 feet on center and a 6-foot tall hedge. So, that, your view — John Pelletier: Around the C? Is that what you're saying? The corner of the C there? Nancy Gundlach: Yes. Yes. Page 13 of 14 PL20200000546 BCHD I CPUD Jan 20, 2021 NIM Transcript John Pelletier: Okay. Nancy Gundlach: John Pelletier: Nancy Gundlach: John Pelletier: Nancy Gundlach: John Pelletier: Nancy Gundlach: Noel Davies: John Pelletier: Got it. Cool. Yeah. I guess that would be a better effective — Yeah, just a — — thing. That would — Yeah, that water retention doesn't bother me. Yeah. That way you can enjoy the view of the — the water body. And we appreciate that, and certainly, we will discuss with the client. And does this have to be square like that or can it undulate to give it more of a lake look? Just that's — Austin Howell: That was discussed with Barron Collier. We did meet with, John Themel this morning. I did. So, he's on the north side of where that water area you're talking to is, and that was something that came — that came out of that meeting this morning. We're gonna take a look and see if we can maybe shape it. We don't know if it can be done yet, but we are gonna have our engineers just run their counts on the stormwater and see if it — see if it can be done as well. John Pelletier: Yeah, yeah. If you can go deeper and just massage the edges to make it more natural. Other than that. Well, that's about all I have. Noel Davies: Thank you. Other questions? John Pelletier: Thanks, guys. Noel Davies: Okay. Thanks, everyone, for coming. Again, the best way to reach us is through Sharon. Her business cards are — are at the front. If you don't have one, please grab one. And I think that — in fact, I wonder if Nancy can give you her business card as well. Thank you. Thank you all for coming and, have a nice evening. [End of Audio] Duration: 29 minutes Page 14 of 14 0 CL V 0 V m •0 qq LO O O O O O N 0 N CL Lt CL H W 1 0 w N N 75 r- N N 0 O O O %0 O N 0. L�J V i E 0 V N O 0 0 E 0 0 0 s Z 0 N O N i D N V) Q) O U O V) V) Q O O I L O O .y N O CL i Q CL vi O O Go O U O _U Q) L N N W V LU CL CL V_ Q V V H a E L Z 0) Q) .O� W O V) Q) .0) O O W _ E J D L m rah. a -tit ��-* fit5j—j 02 11 / IV NOR `J'a r-, T Q Q) OL U -a O O � E E Q w U W U v� O '� vi _ � O 0 0 i 0 -U -+- � O � O O W W 4) — O � >< � ' V o -� O c� L.0 E 0 W 0 E OLn O O U .. 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Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s) NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SHARON UMPENHOUR WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER(S) PL20160000221/CP-2018-4, Immokalee Road -Estates Commercial Subdistrict and PL20200000546, BCHD I CPUD Rezone (PUDZ)— . , 4� U M Z + // 3800 Via Del Rey SIGNAT F APPLICANT OR AGENT! STREET OR P.O. BOX Sharon Umpenhour as Senior Planning Technician for Q. Bonita Springs, Florida 34110 Grady Minor & Associates, P.A. NAME (TYPED OR PRINTED) CITY, STATE ZIP STATE OF FLORIDA COUNTY OF Lee The foregoing instrument was sworn to and subscribed before me this 25 day of February , 2021, by Sharon Umpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A., personally known to me erg and who did/did not take an oath. Signature of Notar Public CARIN J. DWYER MY COMMISSION # GG 982U7 ' .o« EXPIRES: May 14, 2024 Bonded Thee Rotary Public undetw brs My Commission Expires: (Stamp with serial number) Carin I. Dwyer Printed Name of Notary Public Rev. 3/4/2015 I M� :iM am M� 7 BC6 AI s O =1Fq COUN 9 i goC T+Y