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Agenda 07/13/2021 Item #17D (PL20190001489 - Lawmetka Plaza)17.D 07/13/2021 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 02-51, the Lawmetka Plaza Planned Unit Development by adding a third access drive on Wiggins Pass Road for delivery vehicles; by modifying the transportation commitment for turn lanes; and adding deviations for additional signage and a reduction to a landscape buffer; by revising the Master Plan, and providing an effective date. The subject property, consisting of 34+/- acres, is located on the northwest corner of Wiggins Pass Road (CR 888) and Tamiami Trail North (US 41), in Section 16, Township 48 South, Range 25 East, Collier County, Florida. [PL20190001489] OBJECTIVE: To have the Board of County Commissioners (Board) review staff's 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 Lawmetka Plaza Planned Unit Development (PUD) was originally approved in Ordinance Number 2002-51 on October 8, 2002. (See Attachment B-Ordinance Number 2002-51.) The PUD allows for a maximum of 270,000 square feet of retail and office uses, and a maximum of 130 hotel/motel units. There are currently four access points shown on the existing Lawmetka Plaza Master Plan. Two are located along US 41, and two are located along Wiggins Pass Road. The petitioner proposes to: • Add a third western access point along Wiggins Pass Road for service and delivery vehicles; • Modify the access turn lanes along Wiggins Pass Road. The eastern access will be right-in/right- out, the middle access, and western access will be full access; • Add deviations for additional signage and a reduction to a landscape buffer; and • Revise the Master Plan accordingly. The Master Plan has been revised to show the locations of the landscape and signage deviations. See Attachment A -Proposed PUD Ordinance. FISCAL IMPACT: The PUD Amendment (PUDA) 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 Amendment 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 Packet Pg. 2908 17.D 07/13/2021 the proposed PUDR and has found it consistent with the Future Land Use Element (FLUE) of the GMP. See Attachment B-FLUE Consistency Review. COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION: The CCPC heard Petition PUDA-PL20200000386, Lawmetka PUD on May 20, 2021, and voted 5-0 to forward this petition to the Board with a recommendation of approval subject to the following revisions to the PUD Document: - Right-of-way median improvement and entrance improvement shall be completed at the same time. The requested revision has been made. See Attachment A -Proposed Ordinance. LEGAL CONSIDERATIONS: This is an amendment to the existing Lawmetka Planned Unit Development (Ordinance Number 2002-51). The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners, should it consider denial, that such denial is not arbitrary, discriminatory, or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Amendments 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 PUD 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 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 Packet Pg. 2909 17.D 07/13/2021 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 PUD amendment be appropriate considering the existing land use pattern? 11. Would the requested PUD amendment 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. 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 PUD amendment 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 Packet Pg. 2910 17.D 07/13/2021 amended. 26. Are there other factors, standards, or criteria relating to the PUD amendment 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. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approve the request for Petition PUDA-PL20200000386, Lawmetka PUD. Prepared by: Nancy Gundlach, AICP, PLA, Principal Planner, Zoning Division ATTACHMENT(S) 1. STAFF REPORT Lawmetka 5-3-21 (PDF) 2. Attachment A -Proposed Ordinance - 060821 (PDF) 3. Attachment B-Ord. 02-51 (PDF) 4. Attachment C-FLUE Consistency Review 7-31-20 (PDF) 5. Attachment D-NIM Meeting Notes 1-5-21 (PDF) 6. [Linked] Attachment E-Application 4-26-21 (PDF) 7. CCPC-BCC Hybrid Meeting Waiver 5-20-21- Executed (PDF) 8. Affidavit of Sign Posting 6-25-21 (PDF) 9. legal ad - agenda ID 16115 (PDF) Packet Pg. 2911 17.D 07/13/2021 COLLIER COUNTY Board of County Commissioners Item Number: 17.13 Doe ID: 16115 Item Summary: Zoning Petition - PL20190001489, Lawmetka PUDA-This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 02-51, the Lawmetka Plaza Planned Unit Development by adding a third access drive on Wiggins Pass Road for delivery vehicles; by modifying the transportation commitment for turn lanes; and adding deviations for additional signage and a reduction to a landscape buffer; by revising the Master Plan, and providing an effective date. The subject property, consisting of 34+/- acres, is located on the northwest corner of Wiggins Pass Road (CR 888) and Tamiami Trail North (US 41), in Section 16, Township 48 South, Range 25 East, Collier County, Florida. [PL20190001489] Meeting Date: 07/13/2021 Prepared by: Title: Planner, Principal — Zoning Name: Nancy Gundlach 06/08/2021 3:00 PM Submitted by: Title: Planner, Principal — Zoning Name: Anita Jenkins 06/08/2021 3:00 PM Approved By: Review: Zoning Zoning Growth Management Department Growth Management Department Growth Management Department County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Anita Jenkins Zoning Director Review Ray Bellows Additional Reviewer Diane Lynch Growth Management Department Trinity Scott Transportation James C French Growth Management Heidi Ashton-Cicko Level 2 Attorney of Record Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke Additional Reviewer Sean Callahan Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 06/10/2021 4:12 PM Completed 06/11/2021 4:54 PM Completed 06/11/2021 6:19 PM Skipped 06/11/2021 2:32 PM Completed 06/12/2021 12:29 AM Completed 06/29/2021 4:02 PM Completed 06/29/2021 4:10 PM Completed 06/30/2021 9:23 AM Completed 07/01/2021 5:57 PM Completed 07/05/2021 4:35 PM 07/13/2021 9:00 AM Packet Pg. 2912 17.D.1 Coder County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: MAY 20, 2021 SUBJECT: PUDA-PL20190001489, LAWMETKA PLAZA PLANNED UNIT DEVELOPMENT (PUD) APPLICANT/OWNER: AGENT: Benderson Properties, Inc. Kellie Clark, P.E. and WE -I Associates, LTD Kimley-Horn & Associates 7978 Cooper Creek Boulevard, Suite 100 1412 Jackson Street #2 University Park, FL 34102 Fort Myers, FL 33901 REOUESTED ACTION: T The petitioner requests that the Collier County Planning Commission (CCPC) consider amending M Ordinance Number 2002-51, the Lawmetka Plaza Planned Unit Development (PUD), by adding a LO cc third access drive on Wiggins Pass Road for delivery vehicles; by modifying the transportation commitment for turn lanes; and adding deviations for additional signage and a reduction to a E landscape buffer; by revising the Master Plan, and providing an effective date. J GEOGRAPHIC LOCATION: The subject 34± acre property is located on the northwest corner of Wiggins Pass Road (CR 888) and Tamiami Trail North (US 41), in Section 16, Township 48 South, Range 25 East, Collier County, Florida. (Please see the Location Map on page 2 of this Staff Report.) PUDA-PL20190001489. LAWMETKA PLAZA PUD May 3, 2021 Page 1 of 15 Packet Pg. 2913 LIJ OL CL z PUDA-PL20190001489. LAWMETKA PLAZA PUD Ilium P19911 ROME CL C13 0 0 -j CF) co qq Ir- C) CD� 04 —j IOL L: (D z C: 0 4- T- C4 A Lh 0 (L LU w U- U- F- cn E May 3, 2021 Page 2 of 15 Packet Pg. 2914 17.D.1 CURRENT MASTER PLAN PUDA-PL20190001489. LAWMETKA PLAZA PUD May 3, 2021 Page 3 of 15 Packet Pg. 2915 17.D.1 �g Ys s m 0 I'l, -T, ar L 4 "to oA [] W V m g d = in 4_ o w i9 ss 0 a p :1 � g a W } 222 �4 �_ GF LR m .. J d W H � _—��--------- W Iz a �I n 1 .� I' LU w ► •. J a m 1 w S9 t 4 4 r a 1 �✓� `y L a � I Q Zo 4 I =i , -j u l w a ml a l�i m ti I I I d t r — � ' i aL 7I1 W Q W �O I SLL I I U u} I w l o E �$Q+ i} Y�dE z ^yS 0. ir ou PROPOSED MASTER PLAN PUDA-PL20190001489. LAWMETKA PLAZA PUD May 3, 2021 Page 4 of 15 Packet Pg. 2916 17.D.1 GEOGRAPHIC LOCATION: The subject 34± acre property is located on the northwest corner of Wiggins Pass Road (CR 888) and Tamiami Trail North (US 41), in Section 16, Township 48 South, Range 25 East, Collier County, Florida. (Please see the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The Lawmetka Plaza Planned Unit Development (PUD) was originally approved in Ordinance Number 2002-51 on October 8, 2002. (See Attachment B-Ordinance Number 2002-51.) The PUD allows for a maximum of 270,000 square feet of retail and office uses, and a maximum of 130 hotel/motel units. There are currently four access points shown on the existing Lawmetka Plaza Master Plan. Two are located along US 41, and two are located along Wiggins Pass Road. The petitioner proposes to: • Add a third western access point along Wiggins Pass Road for service and delivery vehicles; • Modify the access turn lanes along Wiggins Pass Road. The eastern access will be right- in/right-out, the middle access, and western access will be full access; • Add deviations for additional signage and a reduction to a landscape buffer; and • Revise the Master Plan accordingly. The Master Plan has been revised to show the locations of the landscape and signage deviations. See Attachment A -Proposed PUD Ordinance. T N M SURROUNDING LAND USE AND ZONING: LO Y North: Tarpon Cove, 97.28± acres, 389 residential units, with a zoning designation of Tarpon Cove PUD 3 J East: Tamiami Trail North (US 41), a principal arterial roadway, and then Commercial development with a zoning designation of C-4 (General Commercial District) South: Wiggins Pass Road, a major collector roadway, and then Commercial development with a zoning designation of C-4 (General Commercial District) West: Tarpon Cove, 97.28± acres, 389 residential units, with a zoning designation of Tarpon Cove PUD PUDA-PL20190001489. LAWMETKA PLAZA PUD May 3, 2021 Page 5 of 15 Packet Pg. 2917 17.D.1 AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed PUD Amendment and has found it consistent with the Future Land Use Element (FLUE) of the GMP. See Attachment C-FLUE Consistency Review. Transportation Element: In evaluating this project, staff reviewed the applicant's July 8, 2019, Minor Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the current 2020 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states: PUDA-PL20190001489. LAWMETKA PLAZA PUD May 3, 2021 Page 6 of 15 Packet Pg. 2918 "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 submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " Staff has evaluated the application submitted with the proposed petition and has found that the proposed third access on Wiggins Pass Road meets access management standards. There are no additional uses or square footage proposed with this PUD Amendment; and no additional traffic or transportation impacts. The proposed development will continue to be consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan because no additional impacts are proposed with this petition, therefore transportation staff recommends approval of the request. Conservation and Coastal Management Element (COME): Environmental Planning staff found this project to be consistent with the CCME. GMP Conclusion: The proposed PUD Amendment may be deemed consistent with the FLUE of the GMP. 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) Subsection 10.02.13 B.S., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's 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 PUDA-PL20190001489, LAWMETKA PLAZA PUD May 3, 2021 Page 7 of 15 Packet Pg. 2919 17.D.1 on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analysis: Environmental Review: Environmental Planning staff has reviewed the petition and the PUD Document and Master Plan and is recommending approval. Transportation Review: Transportation Division staff has reviewed the petition and the PUD Document and Master Plan and is recommending approval. Landscape Review: Landscape staff has reviewed the petition, the PUD Document, and the Master Plan and is recommending approval. Zoninz and Land Development Review: The Lawmetka Plaza PUD is an established commercial shopping center, which has been substantially developed and approved for 270,000 square feet of retail and office uses, a 130 unit hotel/motel, and group housing uses via Ordinance 02-51. The amendment to the Lawmetka PUD proposes to add a third, western access drive on Wiggins Pass Road for delivery and service vehicles, to modify the transportation commitment for turn lanes; and add deviations for additional signage and a reduction to a landscape buffer. The Master Plan has been revised to show the additional access drive along Wiggins Pass Road and to show the location of the sign and landscape deviations. The transportation commitment has been clarified to state right turn lanes will be provided on Wiggins Pass Road at the project's middle and easternmost access points. The transportation commitment has also been modified to state the eastern access will be right-in/right-out, and the middle access, as well as the western access, will be full access. Zoning staff finds the proposed access drive and proposed deviations to be compatible with the existing commercial land uses and intensities. For further information regarding the Deviations, please see the Deviations section of this Staff Report. REZONE FINDINGS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the 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 "Zoning and Land Development Review Analysis." In addition, staff offers the following analysis: PUDA-PL20190001489, LAWMETKA PLAZA PUD May 3, 2021 Page 8 of 15 Packet Pg. 2920 17.D.1 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 Amendment is consistent with all applicable elements of the FLUE of the GMP. 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as residential and commercial. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. At the time the subject property was rezoned to a CPUD, it was deemed to be of sufficient size and did not result in an isolated district unrelated to adjacent and nearby districts. The proposed PUD Amendment does not change this finding. 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 amendment necessary. T N The proposed change is not necessary; but it is being requested in compliance with the LDC M provisions to seek such changes because the petitioner wishes to add an access point, modify turn LO lanes, and add deviations for additional signage and a reduced landscape buffer. a) E 6. Whether the proposed change will adversely influence living conditions in the neighborhood. J Staff is of the opinion that the proposed PUD Amendment, 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. Development in compliance with the proposed PUD rezone should not adversely impact living conditions in the area. 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. As noted previously in this staff report, there are no additional transportation impacts proposed with this request. PUDA-PL20190001489. LAWMETKA PLAZA PUD May 3, 2021 Page 9 of 15 Packet Pg. 2921 17.D.1 8. Whether the proposed change will create a drainage problem. The proposed PUD Amendment 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. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed PUD Amendment will not reduce light and air to adjacent areas outside the PUD 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD Amendment will not adversely impact property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Properties around this property are already mostly developed. The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of the adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement 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. T N The development complies with the GMP, which is a public policy statement supporting zoning M actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed LO cc amendment 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 E interest. J 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this PUD Amendment in compliance with LDC provisions. The proposed amendment meets the intent of the PUD district, and the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD Amendment is not out of scale with the needs of the neighborhood or County. PUDA-PL20190001489. LAWMETKA PLAZA PUD May 3, 2021 Page 10 of 15 Packet Pg. 2922 17.D.1 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 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 zoning classification. The development anticipated by the PUD Document would require some site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again later 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 development will have to meet all applicable criteria outlined in the LDC regarding Adequate N Public Facilities. The project must also be consistent with all applicable goals and objectives of the LO GMP regarding adequate public facilities. This petition has been reviewed by County staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has � concluded that the developer has provided appropriate commitments so that the impacts of the Level r N of Service will be minimized. M M 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. E 3 c� To be determined by the BCC during its advertised public hearing. J 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 Lawmetka Plaza PUD is an established shopping center. The proposed third access drive on Wiggins Pass Road for delivery vehicles, the modification of the transportation commitment for turn lanes, and the signage and landscape deviations are compatible with the existing development within the Lawmetka Plaza PUD. The project would also be required to comply with County regulations PUDA-PL20190001489, LAWMETKA PLAZA PUD May 3, 2021 Page 11 of 15 Packet Pg. 2923 17.D.1 regarding drainage, sewer, water, and other utilities. Therefore, the site is suitable for the proposed development. 2. 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. Documents submitted with the application provided satisfactory evidence of unified control. Additionally, the development will be required to gain platting and/or site development plan 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 is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on the location of improvements, restrictions on design, and buffering and screening requirements. The currently approved development, landscaping, and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself at the time the N PUD was approved. Staff believes that this amendment will not change the project's compatibility, M both internally and externally, with the proposed commercial and industrial land uses along with the LO M proposed deviations. Y a E 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. As noted above there are no additional transportation impacts proposed with this request. 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. 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. PUDA-PL20190001489, LAWMETKA PLAZA PUD May 3, 2021 Page 12 of 15 Packet Pg. 2924 17.D.1 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. Furthermore, adequate public facilities requirements will be addressed when development approvals are sought. 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 deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The petitioner is seeking deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06 A.). 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 found in PUD Section XI "Deviations." The deviation locations are depicted on the Master Plan. 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," to allow for three directory signs to be permitted, one at the entrance along US 41, one at the eastern entrance along Wiggins Pass Road, and one at the intersection of Wiggins Pass Road and US 41. Petitioner's Justification: This deviation is requested due to the addition of a third entrance along Wiggins Pass Road. The sign on the entrance along US41 and the entrance along Wiggins Pass Road are existing. A third sign at the intersection of Wiggins Pass Road and US41 is requested. The analysis performed for the new driveway connection shows 65% of traffic entering from Wiggins Pass Road will do so at the proposed easternmost right-in/right-out driveway connection. This high percentage of traffic re- distribution from the existing driveway from Wiggins Pass Road is more likely to be effective if properly signed as a main entrance to the development. The new driveway connection will provide dispersion of traffic along Wiggins Pass Road, with an increased safety benefit of a westbound ingress right -turn lane at both the existing middle driveway and proposed easternmost right- in/right-out driveway. Based on the redesign of the commercial development's parking lot, the proposed easternmost right-in/right-out driveway will act as a main access driveway to the development along Wiggins Pass Road. The construction of a monument sign at the intersection of Wiggins Pass Road and US41 will attract vehicles to enter the site through this driveway and allow PUDA-PL20190001489, LAWMETKA PLAZA PUD May 3, 2021 Page 13 of 15 Packet Pg. 2925 17.D.1 for the dispersion of traffic and improved traffic operations on Wiggins Pass Road as shown in the previously submitted traffic analysis. 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 literal application of such regulations." Deviation #2: Deviation #2 seeks relief from LDC Section 4.06.02 CA., "Type D Buffer," which requires that developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20-feet in width regardless of the width of the right-of-way, to allow for a minimum 10-foot wide enhanced Type D Buffer in the portion of buffer on the south boundary along Wiggins Pass Road between U.S. 41 and the project's middle access drive. The buffer will consist of. 1. One tree or palm equivalent spaced 25 feet on center in addition to the minimum number of trees required to meet the Type D buffer requirement. 2. Trees shall be a minimum height of 15 feet. 3. Shrubs shall be a minimum height of 30 inches. r N M Petitioner's Justification: LO This P. U.D. change applies to the buffer on the south boundary along Wiggins Pass Road between the intersection of US41 and the project's middle access drive where existing conditions and E dedicated right-of-way resulted in a decreased buffer width. To offset the reduced boundary perimeter buffer width (from 20 feet to 10 feet), an enhanced Type D Buffer as described above will be provided. The required maximum 20 foot Type D Buffer will still be maintained along Wiggins Pass Road west of the middle access drive. a The proposed buffer design ultimately provides more shade and more plants within a smaller area, creating a denser buffer than a standard 20 foot, Type D Buffer. The remainder of the Southern buffer to the west of eastern access (right-in/right-out) drive meets the requirements of the LDC with a Type D buffer averaging 20 feet wide. 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 literal application of such regulations." PUDA-PL20190001489, LAWMETKA PLAZA PUD May 3, 2021 Page 14 of 15 Packet Pg. 2926 17.D.1 NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on January 5, 2021, at the North Collier Regional Park Exhibit Hall, located at 15000 Livingston Road, Naples, Florida. For further information, see Attachment D- Transcript of Neighborhood Information Meeting. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the Staff Report for this petition on April 30, 2021. RECOMMENDATION: Planning and Zoning Review staff recommends that the CCPC forward Petition PUDA- PL20190001489, Lawmetka Plaza PUD to the BCC with a recommendation of approval. Attachments - Attachment A -Proposed PUD Ordinance Attachment B-Ordinance Number 2002-51 Attachment C-FLUE Consistency Review Attachment D-Transcript of the Neighborhood Information Meeting Attachment E-Application PUDA-PL20190001489. LAWMETKA PLAZA PUD May 3, 2021 T N M LO M Y d E 3 M J Page 15 of 15 Packet Pg. 2927 17.D.2 ORDINANCE NO.21 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 02-51, THE LAWMETKA PLAZA PLANNED UNIT DEVELOPMENT BY ADDING A THIRD ACCESS DRIVE ON WIGGINS PASS ROAD FOR DELIVERY VEHICLES; BY MODIFYING THE TRANSPORTATION COMMITMENT FOR TURN LANES; AND ADDING DEVIATIONS FOR ADDITIONAL SIGNAGE AND A REDUCTION TO A LANDSCAPE BUFFER; BY REVISING THE MASTER PLAN, AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 34+/- ACRES, IS LOCATED ON THE NORTHWEST CORNER OF WIGGINS PASS ROAD (CR 888) AND TAMIAMI TRAIL NORTH (US 41), IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [PL20190001489] WHEREAS, on October 8, 2002, the Board of County Commissioners approved Ordinance No. 2002-51, which established the Lawmetka Plaza Planned Unit Development (PUD); and WHEREAS, Kellie Clark PE of Kimley Horn & Associates, Inc. representing Benderson Properties, Inc. fka Benderson Development Company, Inc. and WR-1 Associates, Ltd., petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance 2002-51, the Lawmetka Plaza PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to Section II, of the Planned Unit Development Document attached to Ordinance No. 2002-51, Lawmetka Plaza PUD. Section II of the PUD Document attached to Ordinance No. 2002-51 is hereby amended to read as follows: [I 9-CPS-01959/1640070/1]210 Lawmetka Plaza Words underlined are added; words s'�-����'�gh are deleted. Page 1 of 5 PL20190001489 6/8/21 Packet Pg. 2928 17.D.2 SECTION II Property Ownership, Legal Description Short Title and Statement of Unified Control 2.1 Property Ownership The subject property is currently under the ownership of Benderson Go Properties, Inc. and WR-I Associates, LTD. 2.3 General Description of Property Physical Description The site is generally flat and naturally drains to the east and west. Access to the property will be via few five entrances, two on U.S. 41 and three from Wiggins Pass Road. A Wetland Preserve Area, comprising 8.5 acres, is located along the western portion of the property. The flood elevation of the subject property is AE 11. SECTION TWO: Amendment to Section IV of the Planned Unit Development Document, attached to Ordinance No. 2002-51, Lawmetka Plaza PUD. Section IV of the PUD Document attached to Ordinance No. 2002-51 is hereby amended to read as follows: SECTION IV General Development Regulations 4.14 Sins All signage shall be in conformance with Diyis e 2.5^ the LDC except as provided in Section XI; and: • ; however-, P—Platted interior tracts are permitted two (2) ground signs at the tract entrance, not to exceed a total of one hundred and twenty (120) feet at each tract entrance. [I 9-CPS-01959/1640070/1]210 Lawmetka Plaza Words underlined are added; words stFu �'�gh are deleted. Page 2 of 5 PL20190001489 6/8/21 Packet Pg. 2929 17.D.2 4.16 Landscapes All landscaping shall be in conformance with Section division 2.4 4.06 of the LDC except as provided in Section XI. SECTION THREE: Amendment to Section V of the Planned Unit Development Document, attached to Ordinance No. 2002-51, Lawmetka Plaza PUD. Section V of the PUD Document attached to Ordinance No. 2002-51 is hereby amended to read as follows: SECTION V Permitted Uses and Dimensional Standards for Tracts A and B 5.6 Dimensional Requirements G. Minimum Landscaping Requirements As required by Section mien 24 4.06 of the LDC except as provided in Section XI. SECTION FOUR: Amendment to Section VIII of the Planned Unit Development Document, attached to Ordinance No. 2002-51, Lawmetka Plaza PUD. Section VIII of the PUD Document attached to Ordinance No. 2002-51 is hereby amended to read as follows: SECTION VIII Transportation Requirements 8.2 The developer shall provide =right turn lanes on Wiggins Pass Road at the project's twe en+f. noes middle entrance and eastern access drive no later than 24 months after the Lawmetka Plaza PUDA (Annlication/Petition No. PL20190001489) is annroved for- the first stmetufe . . . - eess &em Wiggins Pass Rea . The eastern most entrance shall be a right -in / right -out drive only. Concurrent with the right turn lane construction, developer will also install a permanent traffic separator in the median to prevent left turns into and out of the site at the eastern most entrance. The western most entrance shall be limited to service vehicle and delivery vehicle use only and will be a [I 9-CPS-01959/1640070/1]210 Lawmetka Plaza Words underlined are added; words s'�-����'�gh are deleted. Page 3 of 5 PL20190001489 6/8/21 Packet Pg. 2930 17.D.2 full access drive. Collier County reserves the right to install, modify, or close medians in its sole discretion in the exercise of its police power based on road safety and capacity, SECTION FIVE: Amendment to Section XI of the Planned Unit Development Document, attached to Ordinance No. 2002-51, Lawmetka Plaza PUD. Section XI of the PUD Document attached to Ordinance No. 2002-51 is hereby added to read as follows: SECTION XI Deviations 11.1 Deviation #1 seeks relief from LDC Section 5.06.04.F.3. "Directory Sians". which permits one directory sign at one entrance on each public street, to allow for three directory signs to be permitted, one at the entrance along US 41, one at the eastern entrance along Wiggins Pass Road, and one at the intersection of Wiggins Pass Road and US 41. 11.2 Deviation #2 seeks relief from LDC Section 4.06.02 CA.. "Tvae D Buffer." which requires that developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20-feet in width regardless of the width of the right-of-way, to allow for a minimum 10-foot wide enhanced Type D Buffer in the portion of buffer on the south boundary along Wiggins Pass Road between US 41 and the project's middle access drive. The buffer will consist of: 1. One tree or palm equivalent spaced 25 feet on center in addition to the minimum number of trees required to meet the Type D buffer requirement. 2. Trees shall be a minimum height of 15 feet. 3. Shrubs shall be a minimum height of 30 inches. SECTION SIX: Amendment to PUD Master Plan, Exhibit A, of the Planned Unit Development Document, attached to Ordinance No. 2002-51, Lawmetka Plaza PUD. Exhibit A, PUD Master Plan, is hereby deleted in its entirety and replaced with Exhibit A attached hereto and incorporated herein. SECTION SEVEN: Effective Date. This Ordinance shall become effective upon filing with the Department of State. [I 9-CPS-01959/1640070/1]210 Lawmetka Plaza Words underlined are added; words s'�-��^'�gh are deleted. Page 4 of 5 PL20190001489 6/8/21 Packet Pg. 2931 17.D.2 PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2021 . ATTEST: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Exhibit A — Revised PUD Master Plan [I 9-CPS-01959/1640070/1]210 Lawmetka Plaza PL20190001489 6/8/21 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Lo Penny Taylor, Chairman HFAC 6-8-21 Words underlined are added; words s'�-����'�gh are deleted. Page 5 of 5 Packet Pg. 2932 I 17.D.2 12 z t\ LANDSCAPE \ \ BUFFER PER \ \ PUD 02-51 \ \ SECTION 6.3.F \\ � TARPON COVE \ \ P.U_D__i------ \\\1 -- -- ----- -----T \\ \\ I ----- -- 1 1 ------ — 40' DRAINAGE \ 1 EASEMENT pl \ 1 1 PARCEL C ACCESS POINT TARPON COVE 1 1 4.9 Ac / del �I P.U.D. 1 1 /20' LANDSCAPE 1 1 1 1 / BUFFER I I 1 I PARCEL /� I 8.5Ac 1 I I PARCEL A I I 1 I 1ai 16.4Ac 1 II 1� II IACCESS POINT 1 I I I I I I m I I l� I it 1 le/ 1 1 ACCESS POINT ; 1 LANDSCAPE ( BUFFER PER UTILFY ACCESS POINT 1 1 ACCESS POINT I 1 LDC1 111MENT I SERVICE/DELIVERY 1 RIGHT IN ACCESS ONLY I RIGHT OUT — 10'LANDSCAPE 1� PARCEL B I IQ BUFFER&7' 0 I 1 2.7 Ac —_ 1 1 ----- — ----4 - — --- ----- TT 0'"300'MIN.W. WIGGINS PASS ROAD — �— — TO ENTRANCE Kimley>>)Horn © 2017 Kimley-Horn and Associates, Inc. 1412 Jackson Street, Suite 2, Fort Myers, FL 33901 Phone: 239 271 2650 www.kimley-horn.com CA00000696 /1 �1 � I � I I I I � Feet 0 130 260 TRACT USES HEIGHT - FT ACRES PARCELA MOTEL OR HOTEL/RETAI L OR OFFICE 50 16.4! PARCEL B RETAI L OR OFFICE 35 2.71 PARCELC RETAIL OR OFFICE 35 4.9-4 PARCELD PRESERVATION/WATER MANAGEMENT* N/A 8.53 ROAD 1.51 34.0+ Le end ® Deviations Deviations 10 Directory Signs & Landscape Buffers NOTES: 'NO VEGETATION SHALL BE REMOVED TO FACILITATE WATI MANAGEMENT IN PARCEL D "SUBJECT TO THE APPROVAL OF THE TRANSPORTATION SERVICES DEPARTMENT "'DEVIATION 2APPLIES FROM THE INTERSECTION OF U.S. AND WIGGINS PASS ROAD TO THE MIDDLE ACCESS POINT INTERNAL ACCESS CONCEPTUAL PLAN TAKEN FROM LAWMETKA PLAZA P.U.D. MASTER PLAN EXHIBITA. REVISED 02/14/2020 LAWMETKA PLAZA P.U.D. MASTER PLAN Project No.: 048649064 1JUNE 2020 1 1Packet Pg. 2933 17.D.3 ORDINANCE NO, 02- 51 �10202 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, CC' 4 FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8516N BY CHANGING THE 6%8 ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" dr �9gt-en PLANNED UNIT -,�°' DEVELOPMENT KNOWN AS LAWMETKA PLAZA PUD FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF WIGGINS PASS ROAD (C.R. 888) AND U.S. 41, IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 34+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBERS 99-4 AND 90-26 RESPECTIVELY, THE FORMER LAMETKA PLAZA PUD(s); AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, of Hole Mantes, Inc., representing Benderson Development Company, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Comrfiissionej ofr_Cojlier County, Florida, that: SECTION ONE: The zoning classification of the herein described real loca r , V.e property ��=din Section 16, Township 48 South, Range 25 East, Collier County, Florida, is changed from-rgt1D" to "PUD" Planned Unit Development in accordance with the Lawmetka Plaza PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8516N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 99-4 and Ordinance Number 90-26, both known as the Lawmetaka Plaza PUD, adopted on January 26, 1999 and March 27, 1990, repsectively, are hereby repealed in their entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, ,�'Wr%da; igAe day of QQ C. , 2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUN FLOR A TT BY: DAME A AN D ftt E. BROCK, RK eSt as to Chairm",S Approved asto Form signature only. This ordinance filed with the and Legal Sufficiency Secretary of State's Office the L&9eddy of QS-, -A00�?- p� f and acknowledgement of that Marjorie . Student If �filin CZreceived thisn2AV-day : zoey, Assistant County Attorney by Deputy Clerk PU DZ-2002-AR-2098/RB/lo Packet Pg. 2934 17.D.3 LAWMETKA PLAZA A PLANNED UNIT DEVELOPMENT EXHIBIT A Prepared for: BENDERSON DEVELOPMENT COMPANY 8441 Cooper Creek Blvd. University Park, FL 34201 Prepared by: HOLE MONTES, INC. 950 Encore Way Naples, Florida 34110 And YOUNG, VANASSENDERP, VARNADOE, AND ANDERSON, P.A. 801 Laurel Oak Drive, Ste. 300 Naples, Florida 34108 October, 1998 REVISED AUGUST, 2002 HMA File No. 2001.126 Date Reviewed by CCPC: Date Approved by BCC: 1 p f0 g /()2 Ordinance No. 2 0 0 2 - 51 Amendments & Repeals 9 0 -2 6 and - 4 FAPUD DocumentsULawmetka5.doc Packet Pg. 2935 17.D.3 TABLE OF CONTENTS A SECTION I - Statement of Compliance.................................................................................................... SECTION II - Property Ownership, Legal Description Short Title and Statement of Unified Control ................. SECTION III - Statement of Intent and Project Description SECTION IV - General Development Regulations....................................................... SECTION V - Permitted Uses and Dimensional Standards for Tracts A and B SECTION VI — Permitted Uses and Dimensional Standards for Tract C......................... SECTION VII- Environmental Standards ..................... .. „ „ 1 < .......................... SECTION VIII- Transportation Requirements.......................................................................................1 i SECTION IX - Utility and Engineering Requirements................................................... U N O SECTION X - Water Management Requirements ................................... ......................15 ......................... 0 m c a� E EXHIBITS Exhibit A - PUD Master Plan a Exhibit B — Legal Description E a FAPUD Documents\L.awmetka5.doc Packet Pg. 2936 17.D.3 SECTION I Statement of Compliance The development of approximately thirty-four (34) acres of property in Collier County, as a Planned Unit Development, to be known as Lawmetka Plaza, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The commercial uses of Lawmetka Plaza will be consistent with growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 2. 3. 4. 5. 2 The subject property is located in an area identified as an Activity Center on the Future Land U Map of the Collier County Growth Management Plan. Activity Centers are the preferred locations for the concentration of commercial and mixed use development activities. The subject tract is located on the northwest corner of the intersection of U.S. 41 and Wiggins Pass Road. This strategic location allows the site superior access for the placement of commercial activities. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. The project will be served by a complete range of services and utilities as approved by the County. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. o 7. The project development will result in an efficient and economical extension of community m facilities and services as required in Policies 3.1.11 and L of the Future Land Use Element. .� c a� 8. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of a the Drainage Sub -Element of the Public Facilities Element. 9. All final Local Development Orders for this project are subject to Division 3-15, Adequate Public Facilities of the Land Development Code. a -1— FAPUD Documents\Lawmetka5.doc Packet Pg. 2937 17.D.3 2.1 2.2 2.3 2.4 SECTION 11 Property Ownership, Legal Description Short Title and Statement of Unified Control Property Ownership The subject property is currently under the ownership of Benderson Development Company. Legal Description All that part of the southeast t/4 of the northeast '/4 of Section 16, Township 48 South, Range 25 East, Collier County, Florida. General Description of Property The subject property is located on the northwest corner of Wiggins Pass Road and U.S. 41. Thy zoning of the subject property prior to the application of rezoning is PUD. Physical Description The site is generally flat and naturally drains to the east and west. Access to the property will b via four entrances, two on U.S. 41 and two from Wiggins Pass Road. A Wetland Preserve Arez comprising 8.5 acres, is located along the western portion of the property. The flood elevation o the subject property is A.E. 11. Short Title r 0 This ordinance shall be known and cited as the "Lawmetka Plaza Planned Unit Development o Ordinance". m Statement of Unified Control a E This statement represents that the current property owner has lands under unified control for the a purpose of obtaining PUD Zoning on the subject property. Development of this Planned Unit Development will occur in accordance with the Planned Unit Development regulations containe a herein and any conditions approved with the rezone petition as described and agreed to within tl PUD Ordinance. r a -2— FAPUD Documents\Lawmetka5.doc Packet Pg. 2938 17.D.3 SECTION III Statement of Intent and Project Description 3.1 Introduction It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in the Collier County Land Development Code (LDC) that will permit approximately thirty-four (34) acres of retail, office, hotel/motel use, including 8.5 acres of a Preservation Area for the subject property. The purpose of this Document is to set forth Y guidelines for the future development of the project that meet accepted planning principles and 3 practices, and to implement the Collier County Growth Management Plan. J 3.2 Project Description 00 It is the intent of this project to create an integrated commercial development with a compatible 0 a mixture of commercial land uses and open spaces. The developer, who has unified control over N the subject property, intends to commence development of a mixed use activity center Planned a. Unit Development (PUD). It is the intent of the developer to develop architecturally unified commercial establishments based on the concept of arrangement and unified management control. The unified development approval under the PUD district designation will ensure that a the shopping center is aesthetically pleasing and functionally efficient. It will allow an efficient m pattern of internal circulation to be established and limited points of vehicular ingress and egres 'o These functional and aesthetic advantages, which cannot be provided in conventional strip N commercial development configurations, have been maximized and shall be sustained in the LO approval of this Planned Unit Development. r 3.3 Land Use Plan and Project Phasine A. The PUD Master Plan contains a total of three (3) tracts consisting of development areas 0 o A, B, and C and one Tract D consisting of an Upland and Wetland Preserve Area in m addition to street right-of-way. The Master Plan is designed to be flexible with regard to c the placement of buildings, tracts and related utilities and water management facilities. E More detailed plans will be submitted at the time of site development plan and permittin r approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined of developed separately subject to compliance with the applicable dimensional requirement contained within this Document. B. The anticipated time of build -out of the project is approximately five (5) years from the Q time of issuance of the first building permit. -3— FAPUD Documents�L.awmetka5.doc Packet Pg. 2939 17.D.3 SECTION IV General Development Regulations The purpose of this Section is to set forth the development regulations that may be applied generally tc the development of the Lawmetka Plaza Planned Unit Development and Master Plan. 4.1 General a 0 a The following are general provisions applicable to the PUD Master Plan: E A. Regulations for development of the Lawmetka Plaza PUD shall be in accordance with t 3 contents of this Document, the PUD-Planned Unit Development District and other00 applicable sections and parts of the Collier County Land Development Code (LDC) and o Growth Management Plan in effect at the time of issuance of any development order to a which said regulations relate which authorize the construction of improvements. The N developer, his successor or assignee, shall follow the PUD Master Plan and the a. regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee subject to the commitments within this agreement. a B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions ; 'r- forth in the LDC in effect at the time of building permit application. N C. All conditions imposed and all graphic material presented depicting restrictions for the LO development of the Lawmetka Plaza PUD shall become part of the regulations which v govern the manner in which this site may be developed. T D. Development permitted by the approval of this petition will be subject to a concurrency N O o review under the provisions of Division 3.15 Adequate Public Facilities of the LDC. m E. Unless specifically waived through any variance or waiver provisions from any other T E applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. a 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the E Collier County LDC and the standards and commitments of this Document in effect at the time Q of construction plan approval. 4.3 Easements for Utilities Easements, where required, shall be provided for water management areas, utilities and other -4— FAPUD Documents\Lawmetka5.doc Packet Pg. 2940 17.D.3 purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. 4.4 Amendments to the Ordinance The proposed PUD Master Plan is conceptual in nature and subject to change within the contex of the development standards contained in this Ordinance. a Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 E of the Collier County LDC in effect at the time such amendment may be requested. J 4.5 Project Plan Approval Requirements 00 Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequei 0 a to, or concurrent with PUD approval, a Preliminary Subdivision Plat (if required) shall be N submitted for the entire area covered by the PUD Master Plan. All division of property and the a development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. o Prior to the recording of the final subdivision plat, when required by the Subdivision Regulation a� a. zm set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the c 'S approval of all appropriate Collier County governmental agencies to ensure compliance with the N PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of LO Florida. r Prior to the issuance of a building permit or other development orders, the provisions of Section 3.3, Site Development Plans shall be applied to all platted parcels, where applicable. Should no 0 subdivision of land occur, Section 3.3 shall be applicable to the development of all tracts as -a shown on the PUD Master Plan. O m 4.6 Provision for Off -site Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management E facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill a activities on buildable portions of the project site, there is a surplus of earthen material, off -site E disposal is also hereby permitted subject to the following conditions: a -5- FAPUD Documents\Lawmetka5.doc Packet Pg. 2941 17.D.3 4.7 4.9 4.10 4.11 A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby off -site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. B. A timetable to facilitate said removal shall be submitted to the Development Services Manager for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. Sunset and Monitoring Provisions Lawmetka Plaza PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approves PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. Polling Places Any community recreation/public building/public room or similar common facility located within the Lawmetka Plaza PUD may be used for a polling place, if determined necessary by thi Board of County Commissioners upon recommendation of the Supervisor of Elections in accordance with Section 3.2.8.3.14 of the LDC. Native Vegetation The project will meet the native vegetation requirements of Division 3.9, Vegetation Removal, LO Protection and Preservation of the LDC for the subject property. r Open Space 0 Open space may be in the form of landscaping, additional buffers, passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet m or exceed the open space requirements of Subsection. 2.6.32.3 of the LDC, which requires a minimum of thirty (30) percent for commercial developments. A majority of the open space are E for the project is provided in the 8.5 acre Preserve Area, Parcel D. ArchaeoioQical Resources a r c The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event that they are contained on the property. a M Packet Pg. 2942 17.D.3 4.12 Common Area Maintenance Common Area Maintenance, including the maintenance of common facilities, open spaces, anc water management facilities shall be the responsibility of a homeowners' association to be established by the developer. 4.13 Architectural and Site Design Standards All development within the Lawmetka Plaza PUD shall be subject to Division 2.8 of the LDC and architectural considerations shall be unified for each tract including building design, landscaping, and signage. However, as an alternative to the requirement of Section 2.8.3.1.4(b) of the LDC, parking for corner lots that require a specified percentage of the required parking tc be located behind the entire commercial building or project, this requirement shall be waived if the U.S. 41 and Wiggins Pass street frontages are developed with out parcels along the entirety these street frontages or where there are gaps between out parcels, a type "B" buffer shall be provided along the street frontage to screen proposed parking areas from view. The north wall i any structure, including walls and building facades on Parcel C, shall at a minimum be stuccoec and painted, or otherwise be an architecturally finished opaque masonry wall, however, no nortl wall shall be painted concrete block as its final finish. The development of the first tract will set the standards for other development areas, unless architectural guidelines are established in advance of development of the first tract in the form c deed restrictions or other measures acceptable to Collier County. 4.14 Sims All signage shall be in conformance with Division 2.5 of the LDC; however, platted interior tracts are permitted two (2) ground signs at the tract entrance, not to exceed a total of one hundred and twenty (120) feet at each tract entrance. o 4.15 Parking 0 m All development shall be subject to Division 2.3 of the LDC, Off -Street Parking and Loading. 4.16 Landscaping a All landscaping shall be in conformance with Division 2.4 of the LDC. E 4.17 Utility Areas r a Utility areas, including trash receptacles, shall be completely screened from the view of custome and adjacent property owners to a height of 6 feet above finished grade. -7— FAPUD DocumentsTawmetka5.doc Packet Pg. 2943 17.D.3 SECTION V Permitted Uses and Dimensional Standards for Tracts A and B 5.1 Pu ose The purpose of this Section is to identify permitted uses and development standards for Tracts, and B within the Lawmetka Plaza PUD designated for commercial development on the PUD Master Plan, Exhibit "A". 5.2 Development Intensitv A maximum of two hundred and seventy -thousand (270,000) square feet of floor area is allowed for permitted retail and office uses and all other uses on Lawmetka Plaza PUD Parcels A, B and C, or subdivisions thereof, with the exception of hotel and motel uses governed by the following standards. 2. Hotel/motel uses may be developed at twenty-six (26) dwelling units per acre on Tract In calculating the number of Hotel/Motel units, all or a portion of the Preservation Area on Parcel D may be utilized, however, the maximum number of hotel/motel units will nc exceed one hundred and thirty (130) units. 5.3 General Description The PUD Master Plan designates the following uses for each tract designated on the PUD Mast, Plan. r N TRACT ACRES HEIGHT USE -a L O A 16.4 50' Retail, Office, Hotel/Motel m B 2.7 35' Retail or Office C 4.9 35' Retail or Office2 E D 8.5 N.A. Preservation Area ROAD 1.5 N.A. Road f° Q TOTAL 34 c ' Architectural embellishments are permitted above the hei ht of of fifty (50) feetg thirty-five (35) feet to a maximum height � . R Z` Other uses are also permitted on Tract C. (See Section VI of this Ordinance.) Q The approximate acreage of commercial tracts is depicted on the PUD Master Plan. Actual acreag of all development tracts will be provided at the time of Site Development Plan or Preliminar Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2, respectivel} of the Collier County Land Development Code. All tracts are designed to accommodate interna -8— F:\PUD Documents\Lawmetka5.doc Packet Pg. 2944 17.D.3 roadways, open spaces, water management facilities, and other similar uses to support nc residential development of the subject property. 5.4 Permitted Principal Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole part, for other than the following: a 0 A. Permitted commercial and conditional uses allowed in the C-3, Commercial Intermedia a District, in effect on the date of adoption of this Ordinance, excluding Homeless Shelters ai Soup Kitchens. 3 B. Permitted commercial and conditional uses in the C-4, General Commercial District in effe on the date of adoption of this Ordinance with the exception of the following uses: Bott Iq Clubs (all of group 5813, except bottle clubs); Fuel Dealers (groups 5983 — 5985 g Automotive repair services, parking (groups 7514, 7515, 7521); Amusement and recreation a services, outdoor (all groups); Homeless Shelters, Soup Kitchens, Justice, Public Order ar N Safety (groups 9222-9224); Communication Towers above height of 100 feet Mean St a Level, subject to Section 2.2.6.35 of the LDC, Flea Markets, Recycling Activities except may be required by the County, Outside Kennels, Tattoo or Massage Parlors, ar. Agricultural Services (groups 0711-0783). a a� 5.5 Permitted Accessory Uses and Structures 0 N No building or structure, or part thereof, shall be erected, altered or used, on land, in whole or pai Ln for other than the following: r A. Accessory uses and structures customarily associated with the above permitted commer6 T- principal uses and structures. o 5.6 Dimensional Requirements A. Minimum Lot Area Twenty thousand (20,000) square feet B. Minimum Lot Width One hundred (100) square feet FAPUD Documents\Lawmetka5.doc Packet Pg. 2945 17.D.3 C. Minimum Yard Requirements 1. From project perimeter boundary lines — thirty-five (35) feet. From internal tr: boundary lines — twenty (20) feet. 2. Distance between principal structures shall be a minimum of twenty-five (25) feet one-half (1/2) the sum of the heights of the two buildings, whichever is greater. D. Minimum Floor Area of Principal Structure 1000 square feet per building on the ground floor, except that freestanding specia: structures of nationally recognized standard size less than 1000 square feet shall be permitt when site plan approval has been received. E. Maximum Height Fifty (50) feet above finished grade for Tract A and thirty-five (35) feet above finished gra, for Tract B. F. Minimum Off -Street Parking and Off -Street Loading Requirements As required by Division 2.3 of the LDC. G. Minimum Landscaping_ Requirements As required by Division 2.4 of the LDC. H. Merchandise Storage and Display 0 Unless specifically associated with a certain use, there shall be no outside storage or disph -a of merchandise. o m I. Hotel/Motel Use W E Should hotel/motel uses develop on Tract A, such uses shall be subject to the requirements i a Section 5.2, Development Intensity, of this Ordinance. r c J. Design Guidelines E For all development tracts, the total maximum floor area for a single business establishmer Q either free-standing or located within a building with other establishments shall be sixty-fiN thousand (65,000) square feet of gross leaseable floor area. The development shall be designed so that glare from lighting shall not penetrate adjoinir properties. All fixtures shall be designed such that the actual lighting element shall not t - 10— FAPUD DocumentsU.awmetka5.doc Packet Pg. 2946 17.D.3 visible from adjoining properties. All mechanical equipment shall be enclosed or shielded by a visual and noise absorb; barrier when placed on the north or west side of the structure to which it is attached includ: roof mounted mechanical equipment. For any use involving the placement of vehicles, including but not limited to parking lc internal circulation areas, and loading areas, adjacent to buffers areas, a minimum of four, feet tall opaque vegetative hedge shall be installed to eliminate headlights shining into a across the buffer area. r N O -11— FAPUD Documents\Lawmetka5.doc Packet Pg. 2947 17.D.3 6.1 PURPOSE 6.2 6.3 SECTION VI Permitted Uses and Dimensional Requirements for Tract C The purpose of this Section is to set forth the permitted uses and land development regulations Tract C designated on the PUD Master Plan, along with other permitted uses. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, whole or in part, for other than the following: A. Principal Uses: 1. Homes for the Aged 2. Hospices 3. Adult/child care centers 4. Convalescent centers 5. Nursing Homes 6. Rest homes 7. Sanitariums 8. Adult Congregate Living Facility 9. Retail or office uses as permitted by Section 5.4 of that Ordinance, excluding frc standing cocktail lounge r u7 B. Permitted Accessory Uses and Structures o L 1. Accessory uses and structures customarily associated with the uses permitted in t1 m District. c a� E C. Permitted Uses 1. No accessway between the northernmost principal building and the north propel a line shall permit any deliveries, shipping or stopping between 8 p.m. to 6 a.m., aj E the accessway shall be so posted. DIMENSIONAL REQUIREMENTS a A. Minimum Lot Area One ( 1) acre -12— FAPUD Documents\Lawmetka5.doc Packet Pg. 2948 17.D.3 B. Minimum Lot Width One hundred (100) feet C. Minimum Yard Requirements The following building setbacks shall apply: 1. From eastern property line — thirty-five (35) feet. From northern property line — seventy (70) feet (inclusive of 40 foot Florida Department of Transportation drainage easement). From internal tract boundary lines — twenty (20) feet. 2. Distance between principal structures shall be a minimum of twenty-five (25) fe or one-half the sum of the heights of the two buildings, whichever is greater. D. Maximum Height Three stories not to exceed thirty five (35) feet, however, architectural embellishments in be extended above the thirty-five height limitation to a maximum height of fifty (50) fee E. Minimum Off -Street Parking and Off -Street Loading Requirements As required by Division 2.3 of the LDC. F. Minimum Landscaping and Buffering Requirements 1. For the east, west, and south property lines as required by Division 2.4 of the LDI r 2. For the northern property line, the owner of Parcel C shall maintain a fifteen (15', o foot landscape buffer as measured from the southern edge of the Florida Department of Transportation drainage easement. An architecturally finished m opaque masonry wall a minimum of six (6) feet in height shall be installed withii c the buffer area and shall be located along the southern part of the buffer area. E This buffer shall be installed as a required improvement for the first Site Development Plan within the PUD. To the greatest extent, practical the existing a native vegetation shall be retained within the buffer area and the Florida Department of Transportation drainage easement, and where not practical within E the buffer area, trees no more than twenty-five (25) feet on center or a hedge no = more than four (4) feet on center, or a combination thereof shall be planted on thf northern side of the wall. Any new trees shall be a minimum of eight (8) feet in Q height with a three (3) foot spread at the time of installation. Any hedge shall consist of a minimum of ten (10) gallon plants, five (5) feet in height with a three (3) foot spread at time of installation. Except to the extent of any conflict with th foregoing requirement, all of the Landscaping and Buffering requirements of Division 2.4 of the LDC shall also apply to Parcel C, in the event of a conflict -13— FAPUD Documents\Lawmetka5.doc Packet Pg. 2949 17.D.3 between the Landscaping and Buffering requirements of this Section and those i the LDC, the more restrictive shall apply. G. Design Guidelines In accordance with the requirements of Section 5.6J of this Ordinance. -14— FAPUD Documents\Lawmetka5.doc Packet Pg. 2950 17.D.3 SECTION VII Environmental Standards The purpose of this Section is to set forth the Environmental Standards of the project developer. 7.1 An 8.4 acre upland and wetland Preserve Area is located along the western portion of the subje property and is permitted to be used for open space and passive recreational use only. All preservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Subsectioi 3.2.8.4.7.3 of the LDC. 7.2 A Gopher Tortoise relocation plan shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. Any standards approved by the Environmental Staff shall be added to the site development plan or constructio plans. Off -site relocation may be required if the applicant cannot provide adequate habitat for on -site relocation. 7.3 The petitioner shall be subject to the Collier County Growth Management Plan, Policy 12.1.3 contained in the Conservation and Coastal Management Element (discovery of a archaeological or historical site, artifact or other indicator of preservation). 7.4 Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserve in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning Environmental Staff. 7.5 Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.4 of the Collier County LDC. The Preserve Areas shall be generally provided for as depicted on the PU Master Plan, Exhibit A. 7.6 An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the preservation area, shall be submitted to the Current Planning Environmental Review Staff for review and approval prior to Final Site Plan/Construction Approval. A schedule for exotic removal within all Preservation Areas shall be -submitted with the above - referenced plan. a -15— FAPUD Documents�L.awmetka5.doc Packet Pg. 2951 17.D.3 7.7 The petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Conservation Commission (FGFWFCC) regarding potential impacts to protected wildlife species. Where protected, speci are observed on site, a habitat management plan for these protected species shall be submitted I Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Approval. r N O -16— FAPUD DocumentsTawmetka5.doc Packet Pg. 2952 17.D.3 SECTION VIII Transportation Requirements The purpose of this Section is to set forth the transportation standards of the project developer. 8.1 Subject to Florida Department of Transportation approval, the developer shall provide left and right turn lanes on Tamiami Trail at both project entrances at the time of a certificate of o occupancy for the first structure with access to US 41. Should any of the required turn lanes be a constructed due to other development activity in the area prior to completion of this project, the developer shall provide a fair share reimbursement of the cost of such construction prior to fina site plan approval. The Florida Department of Transportation and Collier County Transportatio Department each reserve the right to control median openings, both existing and future, and to J limit access points to right turns in and right turns out. 00 8.2 The developer shall provide left and right turn lanes on Wiggins Pass Road at the project's two 0 entrances at the time of the certificate of occupancy for the first structure requiring access from N Wiggins Pass Road. J tL 8.3 All road access points requiring turn lanes and use of existing right -of --way shall provide for 0 compensating right-of-way dedication at the time of subdivision plat or site plan approval. a 8.4 Existing drainage easements, future drainage easements, and planned preserve areas shall remai: available to Collier County and Florida Department of Transportation for future roadway water N management purposes subject to appropriate capacity controls and operating controls. The LO responsibility for maintenance of such areas shall remain with the developer/owner and/or its assignees. v 8.5 The northern access on Tamiami Trail shall be in alignment with Old U.S. 41 (CR 887). The r o developer shall be responsible for any and all costs incurred in modifying the traffic signal installation at Old U.S. 41 so as to accommodate the project. O m 8.6 The road impact fees shall be in accordance with the fee structure set forth in Ordinance 2001-L E or as may be amended and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. a 8.7 All required access improvements shall be in place before any certificates of occupancy are issued and shall not be subject to impact fee credits. E 8.8 All traffic control devices used shall conform to requirements of the Manual on Uniform Traffic Q Control Devices as required by Chapter 316.0747, Florida Statutes. 8.9 Internal roadways shall be public or private at the option of the developer. - 17— FAPUD Documents\L.awmetka5.doc Packet Pg. 2953 17.D.3 SECTION IX Utility and Engineering Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the project devg ier 9.1 Utilities A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned an maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewe: service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off -site sewer facilities are available to serve the project. C. Prior to approval of construction documents by the County, the developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the developer to provide sewer service to the project until the County can provide these services through its sewer facilities. D. The utility construction documents for the project's sewerage system shall contain the desigi and construction of an onsite force main, which will ultimately connect the project to the future central sewerage facilities of Collier County. The force main must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the o project's sewage, when connection to the County's central sewer facilities becomes available 0 E. Prior to or at the time of submission of construction plans and final plat for the project, the m potable water supply from the Collier County Water -Sewer District to serve this project shal E be installed adjacent to the property and be in service. 9.2 Engineerine a A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are approved by the Q Development Services Department. B. Design and construction of all improvements shall be in compliance with the appropriate provisions of the Collier County LDC. -18— FAPUD Documents\Lawmetka5.doc Packet Pg. 2954 17.D.3 SECTION X Water Management Requirements The purpose of this Section is to set forth the water management commitments of the project develope 10.1 Design and construction of all improvements shall be subject to compliance with the appropria provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines as long as the side, rear or abutting property lines are fenced. 10.2 Landscaping may be placed within the water management area in compliance with the criteria established within Section 2.4.7.3 of the LDC. 10.3 The wet season water table elevation shall be established at the time of South Florida Water Management District permitting, which is required for the subject property. 10.4 One half (1/2) inch of dry pretreatment shall precede the discharge of any stormwater into the preservation area or whatever alternate conditions may be incorporated into the South Florida Water Management District permitting requirements. 10.5 The stormwater system shall be reviewed and approved by Collier County Public Works Engineering Department (PWED) in order to verify its consistency with the Wiggins Pass Outf, Project now being designed by PWED. W:\2001\2001126\RID\PUD-ORIGINAL 08-2002.d. r N O -19— F:\PUD Documents\Lawmetka5.doc Packet Pg. 2955 I 17.D.3 I TAIW M MW ran TAlIPON OWA pm PARCEL C 4.9 Ac PARCEL D I l t EI.B Ac 1 1 I I um` I �j 1 I P, RC AQ I�III I III 1 uaullr I III u*a+ai PARCEL B I l l l l I—J 2.7 Ac �1 II � � iNl�'g PASS RAM -j------- ►I 11 H &Am HOLE, mma 6 AS8=T% bu smRv"o-pL"&w.m3-*uwv"0" 715 101h Sired L. Naples, FL 34102 — Phong : (94t) 162-4617 CN) SCALE: 1' - 3W IRAW I= HOGHT—FT_ SAES, PARCEL A M01E'L OR HOTEL/ SO 16.4 Aat RETAIL OR OFFICE PARCEL B RETAIL OR OFACE 35 2.7 Aek PARCEL. C RETAIL OR OFFICE 35 4.9 Act PARCEL 0 PRESERVATION/ NA S.s Ac:k WATER MANAGEMENT • ROAD 1.5 Ack 34.0 Aot NOlm • NO VEGETAJON SHALL BE REMOVED TO FACIUTATE WATER MANAGEMENT IN TRACT D. 0s SUBJECT TO 1W APPROVAL OF UE TRANSPORTATION SERVICES DEPARTUENT. INTONAL ACCESS CONCEPIUAL �invummft LAWMETKA PLAZA 98112PW SK122998 P.U.D. MASTER PLAN �� law In EXHIBIT A 1 98.112 1 1 OF 1 L9 N 0 0 m c a E a Packet Pg. 2956 "' ' LEGAL DESCRIPTION All that part of the southeast %, of the northeast V4 of Section 16, Township 48 South Range 25 East, Collier County, Florida., Packet Pg. 2957 17.D.3 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2002-51 Which was adopted by the Board of County Commissioners on the 8th day of October, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this lath day r of October, 2002. 'n N O O m C DWIGHT E . BROCK Clerk of Courts and Clerk-- ' �? Ex-officio to Board of County Commissioners r J� By: Ellie Hoffman, r a Deputy Clerk Packet Pg. 2958 17. D.4 CO�eY �iUT�1-pity Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Nancy Gundlach, PLA # 1244, AICP, Principal Planner Zoning Division, Zoning Services Section From: Sue Faulkner, Principal Planner Zoning Division, Comprehensive Planning Section Date: July 30, 2020 Subject: Future Land Use Element Consistency Review PETITION NUMBER: PUDA - PL20190001489 — REV: 4 PETITION NAME: Lawmetka Plaza PUD - PUDA REQUEST: The petitioner is requesting to amend the Lawmetka Planned Unit Development (PUDA) to revise the owners in "Section II, 2.1 Property Ownership" and text of "Section II, 2.3 Physical Description" of the PUD to be for five access points - three access points on Wiggins Pass and two access points on Tamiami Trail N. (US 41) and revise Section VIII, 8.2 Transportation Requirements for turn lanes on Wiggins Pass Rd. The petitioner is also proposing revisions for Section IV, 4.14, General Development Regulations, Signs; Section IV, 4.16, Landscaping; Section V, 5.6 Dimensional Requirements, G. Minimum Landscaping Requirements. The applicant submitted a revised Master Plan and Affidavits of Authorizations. (last PUD revision was via Ord. #02-51). There are now 5 access points proposed all together — three on Wiggins Pass Road and two on US41. In order to respond staff comments, Submittal 3 included a revised Master Plan, Exhibit A, Deviations & Justifications, Property Ownership, Covenant of Unified Control, Resolution of the Board of Directors, Warranty Deed, Response letter, and Property Ownership Disclosure Form. Submittal 4 included a revised cover letter/narrative, response letter, revised PUD documents, an updated master plan to add a third entrance on Wiggins Pass Road. Submittal 4 asks to remove the requirement to construct a left turn lane at one of the three entrances on Wiggins Pass Road and revise the need to construct the right turn lane for all three entrances. LOCATION: The subject site (f34.0-acre) is located on the northwest corner of Wiggins Pass Road (CR 888) and US 41, in Section 16, Township 48 South, Range 25 East. COMPREHENSIVE PLANNING COMMENTS: The subject site is identified as Urban Designation, Commercial District, Mixed Use Activity Center #20 on the Future Land Use Map in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). In addition to the requested PUDA changes, the petitioner previously increased the commercial square feet by approximately ±42,504 square feet of retail on Tract `B' and f8,179 previously approved square feet on Tract `A'. This brought the total very close to the PUD maximum approved to 270,000 square feet of retail and office uses in Tracts `A', `B', and `C'. In addition, the PUD is approved to allow up to a maximum of 130 hotel units (26 units 2800 North Horseshoe Dr., Naples, FL 34104 Page 1 of 2 Packet Pg. 2959 17. D.4 per acre) in Tract 'A'. All of these uses are consistent with the Mixed -Use Activity Center uses in the FLUE of the GMP. FLUE Policy 5.6 (shown below in italics) followed by staff analysis in bold text: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). [Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition.] FLUE Objective 7 and Relevant Policies Due to the minor changes proposed (no changes in permitted uses, densities, or intensities) beyond the currently approved Lawmetka Plaza PUD, staff is of the opinion that a re-evaluation of FLUE policies under Objective 7 (pertaining to access, interconnections, walkability, etc.) is not necessary. CONCLUSION This PUDA petition may be deemed consistent with the Future Land Use Element (FLUE) of the Growth Management Plan. PETITION ON CITYVIEW cc: Anita Jenkins, AICP, Community Planning Manager, Zoning Division Raymond V. Bellows, Manager, Zoning Division, Zoning Services Section PUDA-PL2019-1489 Lawmetka Plaza R4.docx 2800 North Horseshoe Dr., Naples, FL 34104 Page 2 of 2 Packet Pg. 2960 17.D.5 Kim ey>>> Horn Page 1 Meeting Notes Lawmetka Plaza PUDA Neighborhood Information Meeting January 5, 2021 Below are the notes from the Neighborhood Information Meeting (NIM) held for the Lawmetka Plaza Amendment to a Planned Unit Development (PL20190001489). These notes summarize the main items discussed. Video/audio of the meeting is available as well. 1. Introductions • The meeting started with introductions. The following people were present to represent the applicant: o Todd Mathes representing the owner Benderson Development (via phone) o Kellie Clark, P.E., Kimley-Horn - Professional Engineer - Authorized Agent (in person) o Christopher Hatton, P.E.; Kimley-Horn — Professional Engineer — Traffic (via phone) o Jennifer Daoulas, PLA, ASLA; Kimley-Horn — Registered Landscape Architect (via phone) o Cameron Cecil from Benderson Development (in person) • Additional information on who attended the meeting is available on the attached sign in sheet. • Property Information: o Property Owners: Benderson Properties, Inc. and WR-I Associates, LTD. o Property Location: NW corner of Wiggins Pass Road and US 41; Lawmetka Plaza also known as the Gateway Shoppes 2. Attendee Questions • Before the meeting went further, an attendee asked a number of questions regarding the process involved around this NIM. The following summarizes the question and answers. o Attendee Question: Other introductions? o Answer. Nancy Gundlach from Collier County (in person) o Attendee Question: Is this a County meeting? Is it a requirement? o Answer. This is a required meeting as part of the PUDA process. o Attendee Question: How many meetings do you have? o Answer. The next meeting will be the Planning Commission meeting. Then the Board of County Commissioner Meeting. o Attendee Question: Is this being taped? Packet Pg. 2961 17.D.5 Kim ey'�)) Horn Page 2 o Answer. Yes. o Attendee Question: Will there be a transcript? For the board? o Answer. Yes. o Attendee Question: How was it advertised? o Answer. Per the Collier County requirements. Ad in Naples Daily News; Mailers were sent out. o Attendee Question: Is there a requirement for it to appear so far in advance? o Answer. 15 days prior in a local news source. o Attendee Question: Is there a sign requirement? Was there in the past? o Answer. No, not for a NIM. Signs will need to be posted for the CCPC meeting and the BOCC. There is no NIM sign requirement. o Attendee Question: Is there a requirement to send notices to the neighboring property owners? Can you clarify if this means the whole development or only properties in that radius? o Answer. Notices must be sent to properties with 500' of the property. Notices are not required to be sent to a whole development. o Attendee Question: Are you sure that occurred? Surprising more people aren't present. o Answer. Yes, notices were sent out. The limited numbers may be due to COVID. COVID is also why the County offered up meeting spaces during this time. o Attendee Comment: Attendee would like to make note that he would have preferred a closer place for the meeting. o Attendee Comment: Considering it was only 500', interested how many people actually received notice. o Answer. I believe 632 post cards were sent. o Attendee Question: Did the County help decide who those notices went out to? o Answer. Yes. 3. Proposed Text Changes and Master Concept Plan • Property Ownership o Clean up item regarding ownership. Still under same owner but owner's name has changed. • Access o Two locations in the PUD documents where text changes are proposed regarding access. Packet Pg. 2962 17.D.5 Kim ey >>> Horn Page 3 o First change modifies language from 4 total entrances to 5 total entrances along US 41 and Wiggins Pass Road. o No changes are proposed to the entrances along US 41. o Along Wiggins Pass Road, there are currently 2 entrances. This PUDA seeks approval for a third entrance. o The proposed PUDA language will limit eastern entrance to right-in/right-out only and will limit western entrance to service and delivery vehicles only. o Attendee requested that there be signage limiting the western entrance to service and delivery vehicles. o We have submitted an SDPA on this property that includes the proposed eastern access point along Wiggins Pass Road. This SDPA includes the addition of right turn lanes serving the eastern and middle entrances. In this NIM, it was stated this was a companion project, but this terminology was inaccurate and was corrected in this NIM. There is not a companion project. The plans associated with the SDPA were shown for informational purposes of what is proposed if the PUDA is approved. o Attendee Question: How long is the length of the turn lane? o Answer. General deceleration lanes are usually over 200 feet in length. o Attendee Question: How long is the distance between US 41 and the start of the turn lane? o Answer. There are minimum distances. Generally, at least 50'. o Attendee Question: Are you seeking a deviation for lengths of the turn lanes? o Answer. No, not as part of this PUDA. o Attendee Question: Will you be able to make a left into the plaza if heading eastbound on Wiggins Pass Road? o Answer. Yes, at the middle access. Only the eastern access is limited to right- in/right-out. o Attendee Comment: There are currently two lanes along Wiggins Pass Road. One of those lanes is serving as the turn lane. The proposed right turn lanes will make for a safer road. The attendee was not clear why these would be separated and why approval would be possible for a third entrance without the requirement of the right turn lanes. o Answer. There are separate County processes. The PUDA would allow for the third entrance. Then during the SDPA process, the turn lanes would be approved if they meet engineering requirements. • Signage Deviation o This signage deviation will allow for a third sign • Landscaping Deviation Packet Pg. 2963 17.D.5 Ki m ey >>> H o r n Page 4 o This applies to the landscape buffer area between US 41 and the project's middle entrance. o The buffer would be no less than 10' and would be enhanced. o This deviation is being proposed due to the dedicated compensating right-of-way reducing the existing buffer from 20' to no less than 10'. Enhanced landscaping is proposed due to the reduced width. o A plan view of both a traditional Type D buffer per the LDC and what the proposed buffer per the deviation were shown on screen. o The enhancement includes overall more trees. o A plan view was shown that shows that the area that this deviation would apply to varies in width; with a larger width to the west near the middle entrance and then closer to 10' to the east closer to US 41. o Attendee Question: Is this deviation due to the proposed right turn lanes? o Answer. No, it is due to the previously dedicated right-of-way. This is addressing an existing onsite condition. • Master Concept Plan o Updated to correspond to proposed text changes as discussed (right-in/right-out, service and delivery vehicles only, as well as the deviations) 4. Public Comments and Questions • Attendee Question: How does the change of the right-of-way change the sidewalk? • Answer. This PUDA will not affect the sidewalk. If the PUDA is approved, the SDPA will propose relocating the sidewalk north to allow for the turn lanes. The sidewalk will still exist, it would just be relocated. • Attendee Question: The entrances along US 41 have turn lanes. Why are there not turn lanes proposed as part of this PUDA. The attendee was not clear why these would be separated and why approval would be possible for a third entrance without the requirement of the right turn lanes. Why are these not required to be in the PUDA? • Answer. It's public record that an SDPA has been submitted which proposes the turn lanes. The intent is to build turn lanes if this PUDA is approved. • Attendee Question: Why are these not required to be in the PUDA? If it will be safer, why not require the turn lanes as part of the PUDA. • Answer. Understood. The attendee was requesting that the language for the PUDA require the turn lanes. Noted. • There were numerous attendee comments regarding traffic/safety issues along Wiggins Pass Road. These public comments were regarding the following items: o Traffic studies completed in August when residents were not there. Packet Pg. 2964 17.D.5 K i m ey '�)) H o r n Page 5 o No bike paths in front of Tarpon Cove o Germain Dealership unloading cars in the middle of Wiggins Pass Road. Noted this was not Lawmetka's issue but is a safety issue. o Include a raised median or barrier to actually limit the right-in/right-out. ■ Answer. Yes, a raised median is being proposed. ■ Attendee Response: This needs to be a commitment from the County as this is a County road. ■ Answer. We are proposing a barrier. o When exiting out of the plaza onto Wiggins Pass Road, currently no way to know if person is going straight or turning into the plaza. ■ Answer. SDPA will address this with turn lanes. o Not supportive of third entrance without the requirement of the turn lanes ■ Answer. We understood this and submitted the SDPA ahead of the PUDA to ensure that the turn lanes would be able to be engineered from a safety perspective and if they would likely be approved by the County. The plans shown in the NIM have been reviewed by the County as part of the SDPA process. ■ Attendee Question: Will there be a bike shoulder as part of those plans? ■ Answer. Yes. ■ Attendee Response: There are so many bikers that use this area. A bike lane should be included for the future. o Cars exiting the plaza often do not stop at cross walk, they cross over and hang out over the lane. o Problem is the capacity lane was added — not the right lane and width. Asking people to merge. Attendee noted there is a deviation on the public record. o Issue seeing pedestrians on sidewalk south of building just west of middle entrance due to landscaping. o Many more issues along Wiggins Pass Road but not related to Lawmetka Plaza. • Attendee Question: Is this developer paying for these improvements? Including the proposed median? Attendee does not believe it should all be on the developer. • Answer. All proposed improvements have been paid or will be paid by the developer. • Attendee Response: That doesn't make any sense. The median is in the center of the road. It should be the County's responsibility to make the roads safe. The raised median makes it safer. County should hear this. Does not know why the safety issue is separated out. County should pay for a lot of this. Packet Pg. 2965 17.D.5 Kim ey >>> Horn Page 6 • Attendee Question: Which portion of the sidewalk would be relocated? • Answer. From the middle entrance and east, if needed for the right -turn lanes. • Attendee Comment: Neighborhood would not necessarily be opposed to a new entrance if they knew that the safety improvements were also included. o Agreement from another attendee on this comment. Packet Pg. 2966 17.D.7 Codie-r County _ �. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountvfl.gov 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): PL20190001489 Regarding the above subject petition number(s), Stephen C. Scalione, Secretary/Treasurer of Benderson Properties Inc. and Manager of BG the Village, LLC, general partner to WR-I Associates, Ltd. (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. Stephen C. Scalione, Secretary/Treasurer of Benderson Properties Inc. and Manager of BG the Village, LLC, general partner to WR-I Name: Associates, Ltd. Digitally signed by Stephen C. ZI Scalione ///�—DN: cn=Stephen C. Scalione, / Authorized Officer (Manager Tm Treasurer/Secretary), email=SCS@Benderson.com, c=US Signature*:. Date: 2021.05.12 14:58:, 4-04'00' ® Applicant ® Legal Counsel to Applicant Date: 05/12/2021 * 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. 2967 17.D.8 (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. 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 Todd Mathes 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 PL20190001489 Digitally signed by Todd Mathes DN: cn=Todd Mathes, TM@B nde �„_'J'Jyi/r\-/J/jlf `i!(j/�f "j1M•— Development Company, LLC, ou=Director of S Devleopment, email=TTM@Benderson.com, _us Date: 2021.06.25 09:38:41-04'00' SIGNATURE OF APPLICANT OR AGENT Todd Mathes NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF MANATEE 7978 Cooper Creek Blvd. STREET OR P.O. BOX University Park, FL 34201 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me by means of ❑ physical presence or ❑J online notarization, this 25th day of June , 2021, by Todd Mathes who is ❑J personally known to me or who has ❑ produced as identification and who ❑ did / ❑✓ did not take an oath. Digitally signed by Cheryl Lea Owen DN: C=US, E=CLO@Benderson.com, (((���pp t OU-#HH033598-Expires 9/24/2024", �. L+CAM�-^'�—O=State of Florida Notary Public, CN=Cheryl Lea Owen - - Contact Info: CLO@Benderson.com CHERYL LEA OWEN Date: 2021.06.2514:19:08-04'00' MY COMMISSION #HH033598 Signature of Notary Public EXPIRES' SEP 24, 2024 �Of"r� Bonded throughlstStatelnsurartce Cheryl Lea Owen Printed Name of Notary Public L- My Commission Expires: (Stamp with serial number) Q Rev. 3/4/2015 Packet Pg. 2968 17.D.8 4 Packet Pg. 2969 17. D.9 h10TICE OF PUBLIC H1!rAllfl�f!" ,:' NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing' will be held by the Collier County Board of County Commissioners on July 13, 2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL, to consider the enactment of a County Ordinance. The meeting will commence at 9:.00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 02-51, THE LAWMETKA PLAZA PLANNED UNIT DEVELOPMENT BY ADDING A THIRD ACCESS DRIVE ON WIGGINS PASS ROAD FOR DELIVERY VEHICLES; BY MODIFYING THE TRANSPORTATION COMMITMENT FOR TURN LANES; AND ADDING DEVIATIONS FOR ADDITIONAL SIGNAGE AND A.REDUCTION TO A LANDSCAPE BUFFER; BY REVISING THE MASTER PLAN, AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 34+/- ACRES, IS LOCATED ON THE NORTHWEST CORNER OF WIGGINS PASS ROAD (CR 888) AND TAMIAMI TRAIL NORTH (US 41), IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20190001489] Project Location 9 A copy of the proposed Ordinance. is on file with the Clerk to the Board and is 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.gov. 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 Geoffrey.Willig0colliercountyfl.gov. 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 OF THE CIRCUIT COURT & COMPTROLLER By: Teresa Cannon Deputy Clerk (SEAL) tM 'a 0 IL co Y N E 3 J ai 00 0 0 0 rn 0 N J a LO r ca LO r to 0 M c d cC co R Im c d E t v cC .r a ND-GG10669829 01 Packet Pg. 2970 PL20190001489 CPC PACKAGE CHECKLIST FOR APPLICANTS/AGENTS Return this form with printed materials (FOR PUDS) Please check each item as a method for tracking that all required data is included in the 7 printed packets of information for the Collier County Planning Commission Board Members. These packets need to be double sided, three -hole punched, and in color. DO NOT INCLUDE A COPY OF THE FINAL PUD ORDINANCE. COUNTY ATTORNEY INCLUDES THIS IN THE ORDINANCE. DO NOT PROVIDE DUPLICATES OF ANY DOCUMENTS ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. Backup provided by Applicant: Include a CD Disk with only one pdf file for all documents in the same order as the packets are put together. They must be in the same order. x Application x Narrative of rezone request x Property Information x Property Ownership and general description of site x Disclosure of Interest x Affidavit of Unified Control x Affidavit of Representation x NIM Information (Sign in sheet, notes, minutes and/or summary) x Traffic Impact Study (TIS) Environmental Data Historical/Archeological Survey or Waiver Utility Letter x Deviation Justifications x Boundary Survey x PUD Ordinance (the *last submitted Ordinance with strikethrough —color preferred) x Other documents, as needed, on a case -by -case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any "private or legal" agreements affecting the PUD etc. X 3 thumbnail drives of audio and/or video of Neighborhood Information Meeting I understand that by submitting the above materials, it is the agent/applicant's responsibility to ensure all materials are in the same order for all copies of backup materials to provide to the CCPC and the CD must contain the documents in one pdf file (not multiple files) in the same order as the printed materials. It is the agent's responsibility to ensure no documentation is left out. k- 01-4 4/26/2021 Signature of Agent Representative Kellie Clark, P.E. Printed Name of Signing Agent Representative Date Created May 11, 2017 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff information\job Aides or Help Guides - 4 � Co er 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: jp'� PCs 1) 4 DateandTime: Tuesday 7/2/19 1:30 PM Assigned Planner: Tim Finn Engineering Manager (for PPL's and FP's): Project Information Project Name: Lawmetka Plaza PL#: 20190001489 Property ID #: 00155884100 13585 Tamiami Project Address: Current Zoning: PUD Trl City. Naples State: FL Zip: 134110 Applicant: Kellie Clark - Kimley-Horn & Associates, LTD Associates, LTD Agent Name: Kellie Clark/Kimley-Horn & Phone: 239-271-2641 Agent/Firm Address: 1412 Jackson St, Ste 2City:Fort MyerState: FL Zip: 33901 Property Owner: Benderson Dev Cc Inc. WR-1 Associates LTD Please provide the following, if applicable: Total Acreage: 32.47 ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: 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#: Updated 6/12/2019 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. Tixcar E rraaELatjlc +n Eytgli A Pre-SlsrdE. AA. Eav►a61-j"r✓4o1. NAM 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 RMiddleton cDnaplesgov.com Allyson Holland AMHolland()naplesgov.com Robin Singer RSin4erOMaglesaov.com Erica Martin emartinanaplesoov.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 6/12/2019 Page 1 2 of 5 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 tes Comprehensive Planning: The Future Land Use Map designates this site as Mixed Use Activity Center Subdistrict #20. The Future Land Use Element (FLUE) does not address the access points of this Subdistrict, and therefore does not impact consistency with the Growth Management Plan. However, please address FLUE Policy 5.6 and Policies 7.1-7.4 in your application. —P — re 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. 314 Updated 7/24/2018 Page 1,eof 5 Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 -•_�fli �l1� ar a (� �vVlCltiiFn�c- (` 13 ''(n C t, Other required documentation for submittal (not listed on application): e �'TI—i4ch ep A)r� � �S �un �.R.,sPati� �r��N £ P746 ,MU" vr"%.N(V 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. 38 Updated 6/12/2019 Page 1 -3'of 5 Transportation Planning and PUD Monitoring Pre-App Notes Developer Commitments: Transportation Planning ' maxim tal daily tri a ation the PUD of exceed -w PM peak hour ne s base on the u co in the ITE al on trip enerati s in effect the ti f app tion for /SDPA or bdi ' 'on p t approval." Use Codes Provide both ITE and SIC use codes in the TIS. 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." 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." Co er 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# 20190001489 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 Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov fA Laurie Beard PUD Monitoring 252-5782 laurie.beard @colliercountyfLgov ❑ Craig Brown Environmental Specialist 252-2548 craig.brown@coil iercountyfLgov ❑ Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanova @colliercountyfLgov El Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov X 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 Tim Finn, AICP Zoning Division 252-4312 timothy.finn@colliercountyfl.gov Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov ❑ Paula Fleishman Impact Fee Administration 252-2924 paula.fleishman@colliercountyfl.gov ❑ James French Growth Management Deputy Department Head 252-5717 james.french@colliercountyfl.gov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov ❑ Nancy Gundlach, AICP, PLA Zoning Division 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Shar Hingson Greater Naples Fire District 774-2800 shingson@gnfire.org ❑ John Houldsworth Engineering Subdivision 252-5757 John.houldsworth@coiliercountyfLgov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov ❑ Erin Josephitis 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 @colliercountyfLgov Gil Martinez Zoning Principal Planner 252-4211 gilbert.martinez@colliercountyfl.gov ❑ Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@coiliercountyfLgov Ll Jack McKenna, P.E. Engineering Services 252-2911 jack. mckenna@col IiercountyfLgov Updated 6/12/2019 Page 1 4 of 5 Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 ❑ 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 Ll Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov ❑ Brandy Otero Transit 252-5859 bra ndy.otero@colIiercountyfLgov ❑ 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 Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov ❑ Cris 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 xMark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Jessica Velasco Zoning Division Operations 252-2584 jessica.velasco@colliercountyfl.gov 11 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@coiliercountyfLgov ❑ 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 KeAie. ox'(-- 4b'rr 2 Ci- Z"1 t- 9-b ke,�l:e..c�c.r CA el Alex smwle Kr - i r 23CI -21 E - 1646 Ale ,,�e�, gttxW 0 Updated 6/12/2019 Page 1 5 of 5 t �(t -04 CA •Corr% C011787 COUnty Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20190001489 — Lawmetka Plaza (P� PH 6#4 PRE-APP INFO Assigned Ops Staff: Thomas Clarke Camden Smith,(Ops Staff) STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Kellie Clark / 239-271-2641 / kellie.clark@kimley-horn.com • Agent to list for PL# Kellie Clark / Kimley-Horn and Associates, Inc. • Owner of property (all owners for all parcels) Benderson Properties, Inc. , WR-I Associates, LTD • Confirm Purpose of Pre-App: (Rezone, etc.) fib 44C-N Ors Qti� Planned Unit Development I (Pi7u614 • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): The approximately 34-acre PUD is located on the northeastern corner of the intersection of Tamiami Trail N and Wiggins Pass Road in Section 16, Township 48 South, Range 25 East of Collier County Florida. The PUD boundary and density of development will not be affected by the modifications. • Details about Project: Currently two full access drives are approved. This insubstantial change revises the PUD to include three access drives. The middle access will be full access, the eastern access will be right-in/right-out, and the western access will be a full access for service and delivery vehicles only. REQUIRED Supplemental Information provided by: Name: Kellie Clark Title: P.E. Email: Kellie.Clark@kimley-horn.com Phone: 239-271-2641 Cancellation/Reschedule Requests: Contact Danny Condomina-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 34104.239-252-2400 - wwwcolliergov.net TAY004 P.l1lA�` `\ � PARCEL C 4.9 Ac ji 1 I;111 PARCEL 0 8.5 Ac i 1 nor 1 1 1 1 � 1 Tfilwoo M COV!rum 11 1 ,j 1 PARCEL A 1 ' 16.4 Ac II } ( l 1 I Ills 1 I it i � III I Ulm PARCEL B I III I 2.7Ac 1 — -= -- V 2w � 1N '� PAM itiOsAD 1� nor I ---le ---� CN) mum U= MOff—FT ACBF.g PARCEL A MOTEL OR HpiE�,/ 30 IL4 Aet RETAIL OR pFF� PARCEL 8 RETAIL OR OFFICE 35 2.7 At* PARCEL, C RETAIL Ott OFFICE 35 4.9 Act PAR08. D F RES WAI M/ NA &3 Act WATO MANAGEMOU ROAD 1.5 Act 34.00 Act NOTES: 0 NO VEGETATION SHALL BE REMOVED TO FACIUTATE WAIER MANAGEMENT IN TRACT 0. 0* SUBJECT 70 THE APPROVAL OF TW TRANSPORTAIM SERWCES DEPARTMENT. MIIERNAL ACCESS CONCEPIUAL HOLE mwn a m in LAWMETKA PLAZA "'ewwoft ° vl HW; 98112PW SKI22MB - - P.U.D. MASTER PLAN \ �Na roam ,.saar..c" +�„IM no tor, mmol S. wa,pta. FL U10s - rn.�.: (NI) u2-4�17 EXHIBIT A leu22E►vT 1 88.112 1 OF 1 I\ t \\ TARPON COVE \\ \\ P.U.D. \ ----- 1 \ I \ 1------------ 40' DRAINAGE 1 \ \ I \ I � PARCEL C EASEMENT \ \ I 1 1 I 1 1 4.9AcIN I I ACCESS POINT I 11 I I \ 1 / II I Ids 1 TARPON COVE 1 P.U.D. I/ / 20' LANDSCAPE 1 1 I I I / / BUFFER I I I I 1 PARCEL D I 8.5AC PARCEL II I I j I II 1 I I I QI 16.4 AC `j l II II I I II 1 I ACCESS POINT —I-'-�'i f, I I 1 I I I I I I 1 1 I j I I 1 1 I I I I I 1 it I II j 1 II ACCESS POINT UTILITY— — I ACCESS POINT 1 ACCESS POINT EASEMENT I SERVICE/DELIVERY 1 RIGHT IN 20' LANDSCAPE I I 20' LANDSCAPE I I ACCESS ONLY I I I RIGHT OUT BUFFER i 1 BUFFER j PARCEL B I I I -- j 1 1 2.7 Ac 1 1 ___ __ _ --- _----- 1 L--------- —----- -- — — / JR 20, 300' MIN °.w. WIGGINS PASS ROAD _o_NT_NCE _ /1 I I I I Kimley>Morn © 2017 Kimley-Horn and Associates, Inc. 1412 Jackson Street, Suite 2, Fort Myers, FL 33901 Phone: 239 271 2650 www.kimley-hom.com CA 00000696 Feet 0 120 240 TRACT USES I HEIGHT- FT 1 ACRES PARCELA MOTEL OR HOTEL/RETAIL OR OFFICE 50 16.4± PARCEL B'RETAILOROFFICE 35 2.7± PARCELC RETAILOROFFICE 35 4.9±; PARCEL D PRESERVATION/WATER MANAGEMENT* N/A 8 5± ROAD 1.5±' 34.0± NOTES: 'NO VEGETATION SHALL BE REMOVED TO FACILITATE WATER MANAGEMENT IN TRACT D "SUBJECT TO THE APPROVAL OF THE TRANSPORTATION SERVICES DEPARTMENT INTERNAL ACCESS CONCEPTUAL W.MN 11 Fd HEW PLAN TAKEN FROM LAWMETKA PLAZA P.U.D. MASTER PLAN EXHIBIT A. REVISED 12/11/2017 P.U.D. MASTER PLAN (RFVI.S�- 1) Project No.: 048649064 I June 2019 EXHIBITA Kimley>»Horn Project Narrative Lawmetka Plaza Planned Unit Development Insubstantial Change June 2019 ,4 p,c,vAr4tN7' P14 This applicant is requesting approval of a Planned Unit Development or the Lawmetka Plaza Planned Unit Development (PUD), Ordinance 2002-51. The approximately 34 acre PUD is located on the northeastern corner of the intersection of Tamiami Trail N (U.S. 41) and Wiggins Pass Road in Section 16, Township 48 South, Range 25 East of Collier County Florida. The PUD boundary and density of development will not be affected by the modifications identified herein. Currently two full access drives are approved as shown on the existing Master Concept Plan. This insubstantial change revises the PUD to include three access drives as shown on the revised Master Concept Plan included in this submittal. The text changes propose that the middle access will be full access, the eastern access will be right -in/ right -out, and the western access will be a full access for service and delivery vehicles only. This application requests removing the requirement to build a left turn lane for one entrance and right turn lane for all entrances along Wiggins Pass Road. This application proposes left and right turn lanes on Wiggins Pass Road at the project's middle entrance, a continuous right turn/through lane along Wiggins Pass Road for the project's western access drive, and a right turn lane on Wiggins Pass Road at the project's eastern access drive at the time the first certificate of of occupancy is issued for any structure in the PUD after the Lawmetka Plaza PDI is approved. The modifications included in this application will improve overall traffic circulation at the intersection of US 41 & Wiggins Pass Road, specifically the operations and safety for the northbound to westbound movement by eliminating the potential need for weaving/merging along Wiggins Pass Road. The current Master Plan (Exhibit A of Ord. 2002-51) will be amended to reflect the above changes to the Lawmetka Plaza PUD. Kimley>»Horn Property Information Continued Lawmetka Plaza Planned Unit Development Insubstantial Change June 2019 The approximately 34 acre PUD is located on the northeastern corner of the intersection of Tamiami Trail N (U.S. 41) and Wiggins Pass Road in Section 16, Township 48 South, Range 25 East of Collier County Florida is mostly developed. The modifications proposed to the PUD in this application will add an additional access for the already developed PUD. 1412 Jackson Street, Suite 2, Fort Myers, FL 33901 0A� oa-s l SECTION II Property Ownership, Legal Description Short Title and Statement of Unified Control 2.1 Property Ownership The subject property is currently under the ownership of Benderson Development Gem hvty-RMperties, Inc. and WR-I Associates, LTD. 2.3 General Description of Property Physical Description The site is generally flat and naturally drains to the east and west. Access to the property will be via €eta five entrances, two on U.S. 41 and three from Wiggins Pass Road. A Wetland Preserve Area, comprising 8.5 acres, is located along the western portion of the property. The flood elevation of the subject property is AE 11. Note: Language to be added is underlined. Language to be deleted is n,r. June 2019 o r-. b o a- 5 1 SECTION VIII Transportation Requirements 8.2 The developer shall provide left and right turn lanes on Wiggins Pass Road at the project's tawe ent f ee- middle entrance, a continuous right turn/through lane along Wiggins Pass Road for the project's western access drive and a right turn lane on Wiggins Pass Road at the project's eastern access drive at the time e€ the first certificate of occupancy is issued for any structure in the PUD after the Lawmetka Plaza PDI (Application/Petition No PL20190001489) is ap rp oved or ie first strae we Fe i i is f em Wiggins Days mod. The eastern most entrance shall be a right -in / right -out drive only. The western most entrance shall be limited to service vehicle and delivery vehicle use only and will be a full access drive. Note: Language to be added is underlined. Language to be deleted is 2 June 2019 Coer 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 n 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.colliercountvfl.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 ❑ Affidavit of Authorizationsigned 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 12 ❑ 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 ❑ ❑ 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 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) ❑ ❑ �, .1a Checklist continues on next page February 1, 2019 Page 9 of 11 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.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 %" x 11" copy ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD 0 ®, ❑ 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 b) (� 19`e1 _Jk4 Exhibit B: Development Standards w j ( L� 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: ❑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: ❑ I City of Naples Utilities ❑ Other: ASSOCIATED FEES FOR APPLICATION 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 ❑ Listed or Protected Species Review (when an EIS is not required): $1,000.00 )lijf Transportation Review Fees: ' 1,� Methodology Review: $500.00 'q W/1`�a� � C"�SJ1C1, T'= WXWTWE *Additional fees to be determined at Methodology Meeting.�� i�� o Minor Study Review: $750.00 o Major Study Review $1,500.00 February 1, 2019 Page 10 of 11 GAY County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Legal Advertising Fees: cd/ CCPC: $1,125.00 c� 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`h 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 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD or 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): Benderson Properties, Inc. and WE -I Associates, LTD Name of Applicant if different than owner: Address: 7978 Cooper Creek Blvd, Suite 100 City: _University Park Telephone: 941-359-8303 Cell: NA E-Mail Address: toddmathes@benderson.com Name of Agent: Kellie Clark, P.E. Firm: Kimley-Horn & Associates Address: 1412 Jackson St. #2 Telephone: 239-271-2635 City: Fort Myers Cell: NA E-Mail Address: kellie.clark@kimley-horn.com State: FL ZIP: 34201 Fax: 941-359-1836 State: FL Fax: NA ZIP: 33901 Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. February 1, 2019 Page 1 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: Zoning district(s) to the zoning district(s). Present Use of the Property: Proposed Use (or range of uses) of the property: Original PUD Name: Ordinance No.: 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: 15 as 25 Lot: Block: Subdivision: Metes & Bounds Description: Plat Book: Page #: Size of Property: Property I.D. Number: ft. x ft. = Total Sq. Ft. Acres: 32.47 Address/ General Location of Subject Property: 13585 Tamiami Trail N, Naples, FL 34110 PUD District (refer to LDC subsection 2.03.06 Q ❑■ Commercial ❑ Residential ❑ Community Facilities ❑ Mixed Use ❑ Other: ❑ Industrial February 1, 2019 Page 2 of 11 COAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N PUD Residential S NA Wiggins Pass Road E PUD Residential W NA US 41 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: Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: Metes & Bounds Description: ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: City: State: ZIP: City: State: ZIP: City: State: ZIP: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: February 1, 2019 Page 3 of 11 CACT Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 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. February 1, 2019 Page 4 of 11 COAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 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? NA 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 FE-] 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. February 1, 2019 Page 5 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Name of Applicant(s): Address: Telephone: E-Mail Address: 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 City: State: ZIP: Cell: NA Address of Subject Property (If available): City: State: ZIP: PROPERTY INFORMATION Section/Township/Range: Lot: Block: Subdivision: Metes & Bounds Description: Plat Book: Page #: Property I.D. Number: Fax: TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System ❑ 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 ❑ b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: d. Private System (Well) ❑ Total Population to be Served: Peak and Average Daily Demands: A. Water -Peak: Average Daily: B. Sewer -Peak: Average Daily: If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: February 1, 2019 Page 6 of 11 CACT Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 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. 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. 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. February 1, 2019 Page 7 of 11 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 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 L2-112P11- 13585 Tarniaml Trad N. Nades FL, 34110 (Street address and City, State and Zip Code) and legally described in Exhibit attached hereto. The property described herein is the subject of an application for AMENOMENTIoa planned unit development 1 PUOA PUDj zoning. We hereby designate Be,d,-,oe°e� pe°me't Co -1°�« 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. 5o 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. T County will not issue permits, certificates, or licenses to occ py or use any part of the planned unit developme nd t e County may stop ongoing construction activity until project is brought into compliance with all terms anditi s and safe uards of the planned unit development. ner O er Stephen C. Scalione, Treasurer of ephen C. Scalione, Manager of BG the Village, LLC, Benderson Development Company, Inc. General Partner of WR-1 Associates, LTD. Printed Name STATE OF FLORIDA) COUNTY OF MANATEE) Sworn to (or affirmed) and subscribed before me this 22 who is personally known to me or has produced CHERYL LEA OWEN MY COMMISSION #GG024025 EXPIRES: SEP 24, 2020 Bonded through 1st State InsuranCE Printed Name day of October 201 9 by C. St.-ho--�, , as identification. t: 1 Notary Public (Name typed, printed or stamped) February 1, 2019 Page 8 of 11 CoAr 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 0 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 ® ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 ® ❑ 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 ❑ ❑ 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 ® ❑ 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) ❑ ❑ 0 Checklist continues on next page February 1, 2019 Page 9 of 11 COAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.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 ❑ ® ❑ Revised PUD document with changes crossed thru & underlined 1 ® ❑ 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 ElConservancy 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: 4SSOCIATED FEES FOR APPLICATION X 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 X PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre X Comprehensive Planning Consistency Review: $2,250.00 ❑ 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 February 1, 2019 Page 10 of 11 COAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net X Legal Advertising Fees: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 X CCPC: $1,125.00 X BCC: $500.00 Ll 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 Kimley»>Horn Project Narrative Lawmetka Plaza Planned Unit Development Amendment June 2019, revised September 2020 This applicant is requesting approval of a Planned Unit Development Amendment (PUDA) for the Lawmetka Plaza Planned Unit Development (PUD), Ordinance 2002-51. The approximately 34-acre PUD is located on the northeastern corner of the intersection of Tamiami Trail N (U.S. 41) and Wiggins Pass Road in Section 16, Township 48 South, Range 25 East of Collier County Florida. The PUD boundary and density of development will not be affected by the modifications identified herein. No modifications to utilities are proposed as a part of this amendment. Currently two full access drives are approved as shown on the existing Master Concept Plan. This amendment revises the PUD to include three access drives as shown on the revised Master Concept Plan included in this submittal. The text changes propose that the middle access will be full access, the eastern access will be right -in/ right -out, and the western access will be a full access for service and delivery vehicles only. This application requests removing the requirement to build a left turn lane for one entrance and right turn lane for all entrances along Wiggins Pass Road. This application right turn lanes on Wiggins Pass Road at the project's middle entrance and eastern access drive no later than 24 months after the Lawmetka Plaza PUDA (Application/Petition No. PL20190001489) is approved. The modifications included in this application will improve overall traffic circulation at the intersection of U.S. 41 & Wiggins Pass Road, specifically the operations and safety for the northbound to westbound movement by eliminating the potential need for weaving/merging along Wiggins Pass Road. The current Master Plan (Exhibit A of Ord. 2002-51) will be amended to reflect the above changes to the Lawmetka Plaza PUD. cor county COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION 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 Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form mist 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 Department. 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) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) Fol OTHER PDI LEGAL DESCRIPTION of subject property or properties (copy of lengthy description maybe attached) 16 48 25 THAT PORTION OF SE1/4 OF NE1/4 LYING W OF NEW US 41 BEING DESC IN OR 2571 PG 956 LESS PARCEL A AT GATEWAY SHOPPES, LESS 6300SF TO WIGGINS PASS R/W AS DESC IN OR 5325 PG 283, LESS 2412SF TO WIGGINS PASS R/W AS DESC IN OR 5551 PG 3297 FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 00155884100 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 13583 13555, 13565,13585, �3 , 13575 TAM IAMI TRL N, NAPLES, FL 34110 AND 895, 855 WIGGINS PASS ROAD, FL 34110 • 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) PROPOSED PROJECT NAME (if applicable) Lawmetka Plaza (Not approved at this time.) PROPOSED STREET NAMES (if applicable) Lawmetka Plaza SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP-- or AR or PL # 20190001489 SDPA- PL20160000032 Cglfler County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION 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) Existing: Gateway Shoppes at Northbay, Lawmetka Plaza Please Return Approved Checklist By: [C Email ❑ Fax ❑ Personally picked up Applicant Name: Benderson Properties, Inc. and WR-1 Associates, LTD Phone: 239-271-2635 Email/Fax: kellie.clark@kimley-horn.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY Folio Number 00155884100 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: 06/26/2019 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED I II Q= II Rivero•alk � Pennsylvania Ave, <,,ar v•, F Park o ducky St plan ade Tarpon Ave o a Feet C The Center Bonita 0 1,500 3,000 Bonita Spnn - m - - — — Bifa B4ach-R lI1V,5 — -Springs each Rd SW `o 0 O i °o c �41 . Q 3 Spenis/, fitioss Way K-Nine, i TI Treasure Cay Ln ` llano ''-Fenuh � Casle �p1 aY H, ckory 0 p`:a lls ; U Bay �Ssex Pt o c a-:ountry '=aut, o r core Dr, rn o y111rP — � Cry 4 -� \-agos Wa, O ` Winthrop Woods Edge Pk19A ee - - - - - - - - - - - - - -_- - - - - - - - - - - - - grry ountiy Club "6on Blvd I s'� r,ne•iiteir� �� G� ng 7 Bentley 0 e O � Retreats r J� 1p�. a t1 E'antl_; O� Cofso% Barefoot Beach ouise C\` era Crr Preserve ,:;ounty Park o �ress n Gulf Coast .o C, 'h cL ss C It > Wiggins Pass Rd W Imren.;.l m "olf Club sp o 5 at U - Imperial Imperial L r Colliers Resert, Cypress Way E eo 3 r c Pa o z a colliers 3 n Reserve L_ PL:•;; � E n sP,ve CountryClub olfCbit j~ � v' IAadi m�cd to Dr a Old Colli=i Q3 Mentor Dr J Golf Club n _ Naples hternorial Naples , " ILL ,ajdens Park Bluebill Ave 111th Ave N a Paf Piper Blvd - ;5 o 110th Ave N 109th Ave N 108th Ave N y 107th Ave N 1061h Ave N Veterans �L O O 105th Ave N o Community atn9 Boca y Park z 104th Ave N v Legend 103rdAve N o a n: tn1•r= c� z `n 102nd Ave N ~, Sources: Esri.; HERE, DeLorme, USGS, Intermap, increment P Corp., _ 101stAve N c Property Boundary 100th Ave N co NRCAN, Esri,Japan, METI, Esri China (Hong Kong), Esri (Thailand), v oorr, n,:<ni Mapmylndia, ©. OpenSfreetMap contributors, and the GIS User Community U 0 PROPERTY LOCATION MAP Kimley>Morn GATEWAY SHOPPES EXPANSION © 2016 Kimley-Horn and Associates, Inc. COLLIER COUNTY, FLORIDA 3I 1412 Jackson Street, Suite 2, Fort Myers, FL 33901 Phone: 239 271 2650 Scale: As Noted Project No.: 048649064 June 2019 Exhibit I www.kimley-horn.com CA 00000696 ----------- PARCEL "A" GATEWAY SHOPPES 13575 TAMIAMI TRAIL NORTH (PLAT BOOK 52, PAGE 75) PARCEL NO. 65997500027 I S53°02'56"W 11.28'------------- C) FOUND 5/8" IRON PIN AND CAP STAMPED METRON LB 7071 GATEWAY SHOPPES 13585 TAMIAMI TRAIL NORTH FHE SOUTHEAST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, LYING WEST OF US 41, COLLIER COUNTY, FLORIDA (O.R. BOOK 2571, PAGE 956) PARCEL NO. 00155884100 MPROVEMENTS WERE NOT LOCATED UNDER THE SCOPE OF THIS SURVEY 2615111 OR; 2658 PG; 2458 IICOIDID in OFFICIAL IICOIDS of COLLIII COOMfl, it 04/04/2010 at 07:1019 DIIGIT 1. IIOCI, CUB cgs 761000,N F'REPAREO BY AND RETURN TO: cgs til 11, s1 THOM"M EC KE,m, EscwRE 12M Koo wood Low. Bull. a W-. 71 $3211. M FoR Nysrs, FL 2390744= COFIIS 2.00 soap No.: IISC 1.11 weed: s Iota: Documentary atwnps: 6 101?11L i Au033 1.50 HAIL Slcu DI 30 Fiat yr THIS WARRANTY DEED made this V day of March, 2000, byMAFLl1 FL ]4303 THOMAS G. ECKERTY, successor Trustee under unrecorded land trust dated June 1, 1992, with full power and authority to protect, conserve, sell, base, encumber or to otherwise manage and dispose of the real property described herein, as provided in §689.071, F. S., whose post office address is 12734 Kenwood Lane, Suite 89, Fort Myers, Florida 33907, hereinafter called the Grantor, to BENDERSON DEVELOPMENT COMPANY, INC., a New York Corporation, as to an eighty five (85%) percent undivided interest, and WR4 A LTD., a Florida limited partnership, as to a fifteen (15%) percent undivided interest, as tenants Ini . rpof w t ON whose post office address is 570 Dole, 'Avenue, Buffalo, New q* 202, hereinafter called the Grantee; WITNESSETH: That other valuable considerations, remises, releases, conveys an of Florida, viz: The Southeast one4tol South, Range 25 Eaekf SUBJECT TO THIS PROPERTY IS NOT NOW ttbry fo artain'consideration the sum of Ten Dollars (310.00) and eofrek� a�arltgd hereby grants, bargains, sells, aliens, iili)60thi)prsnl II I tr c it land, an ,situate in Collier County, State 5 E a 3 if the Northeast dh,, quarter qt n 1a, Township 48 West of the new Ut"14 "ollle aunty, Florida t;'ESTRICTIONS ANDIE/ATIONS OF RECORD. 4OR IBtIN 7 HE HOMESTEAD OF GRANTOR. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining; TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land is fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1999. IN WETNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. S and deliver the of. C!!71 ( THOMAS G. ECKERTY, T under unrecorded land trust dated June 1, 1992, with full power and *** OR: 2658 PG: 2459 *** authority to protect, conserve, sell, lease, encumber or to otherwise manage and dispose of the real property described herein, as provided in §689.071, F. S. STATE OF FLORIDA 1 §� COUNTY OF LEE ) The foregoing instrument was acknowledged before me this Y 1day of March, 2000, by THOMAS G. ECKERTY, Trustee, who is personally knownto.=, OR who produced as identification, and who did/did not take an oath. , DEWRAH K LEWIS Notary wv ca+ sQp7 lannted na r i aom a iaoo �Mor�wr w wow s.�o. a s v N No.: ion Expires- 0 EXHIBIT "A" Parcel 1: The Southeast one -quarter of the Northwest one -quarter of Section 16, Township 48 South, Range 25 East, lying west of new US 41, Collier County, Florida. Less and except therefrom Parcel "A" of the Gateway Shoppes, according to the map or plat thereof recorded in Plat Book 52, Page 75 of the Public Records of Collier County, Florida. Less and Except that parcel conveyed to Collier County, a political subdivision of the State of Florida by Warranty Deed recorded on September 12, 2018 in Official Record Book 5551 at page 3297, Public Records of Collier County, Florida. Parcel 2: Parcel "A" of the Gateway Shoppes, according to the map or plat thereof recorded in Plat Book 52, Page 75 of the Public Records of Collier County, Florida. 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. If the property is owned by a CORPORATION, list the officers and stockholders and the % of Ownership owned by each: CORPORATION NAME: Benderson Properties, Inc. F/K/A Benderson Development Company, Inc. (85% Ownership) NAME AND ADDRESS Ronald Benderson 1995 Trust 1 570 Delaware Ave, Buffalo, NY 14202 Randall Benderson 1993-1 Trust 1 570 Delaware Ave, Buffalo, NY 14202 Shaun Benderson 17978 Cooper Creek Blvd, University Park, FL 34201 Evan Benderson 17978 Cooper Creek Blvd, University Park, FL 34201 Sarah Benderson 17978 Cooper Creek Blvd, University Park, FL 34201 Randall Benderson 2012 GST Trust 1 570 Delaware Ave, Buffalo, NY 14202 Shaun Benderson 2012 GST Trust 7978 Cooper Creek Blvd, University Park, FL 34201 Shaun Benderson 2017 GST Trust 7978 Cooper Creek Blvd, University Park, FL 34201 CORPORATION NAME: WR-I Associates LTD. (15% Ownership) NAME AND ADDRESS BG The Village, LLC 17978 Cooper Creek Blvd, University Park, FL 34201 Buffalo-CE, LLC 17978 Cooper Creek Blvd, University Park, FL 34201 CORPORATION NAME: BG The Village, LLC & Buffalo-CE, LLC % of Ownership 46.50 32.25 04.75 04.75 04.75 01.50 01.50 04.00 % of Ownership 01.00 99.00 NAME AND ADDRESS % of Ownership 9395 CH, LLC 17978 Cooper Creek Blvd, University Park, FL 34201 100.00 CORPORATION NAME: 9395 CH, LLC NAME AND ADDRESS % of Ownership Randall Benderson 1993-1 Trust 1 570 Delaware Ave, Buffalo, NY 14202 90.85 Shaun Benderson 2016 GST Trust 17978 Cooper Creek Blvd, University Park, FL 34201 Evan Benderson 2017 GST Trust 17978 Cooper Creek Blvd, University Park, FL 34201 05.25 01.45 Sarah Benderson 2017 GST Trust 17978 Cooper Creek Blvd, University Park, FL 34201 Ronald Benderson 1995 Trust 1 570 Delaware Ave, Buffalo, NY 14202 01.45 01.00 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the % of Ownership: TRUSTIESTATE NAME: Ronald Benderson 1995 Trust NAME AND ADDRESS Lineal Descendants of Randall Benderson TRUSTIESTATE NAME: Randall Benderson 1993-1 Trust NAME AND ADDRESS Lineal Descendants of Randall Benderson TRUSTIESTATE NAME: Randall Benderson 2012 GST Trust % of Ownership 100.00 % of Ownership 100.00 NAME AND ADDRESS % of Ownership Lineal Descendants of Randall Benderson 100.00 TRUSTIESTATE NAME: Shaun Benderson 2012 GST Trust NAME AND ADDRESS Lineal Descendants of Shaun Benderson TRUSTIESTATE NAME: Shaun Benderson 2017 GST Trust % of Ownership 100.00 NAME AND ADDRESS % of Ownership Lineal Descendants of Shaun Benderson 100.00 TRUST/ESTATE NAME: Shaun Benderson 2016 GST Trust NAME AND ADDRESS % of Ownership Lineal Descendants of Shaun Benderson 100.00 TRUSTIESTATE NAME: Evan Benderson 2017 GST Trust NAME AND ADDRESS % of Ownershi Lineal Descendants of Evan Benderson 100.00 TRUSTIESTATE NAME: Sarah Benderson 2017 GST Trust NAME AND ADDRESS % of Ownership Lineal Descendants of Sarah Benderson 100.00 Date subject property acquired: 48 ❑ 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 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 25 Agent/Owner (please print) Date AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PDWL20190001ae9 I, Stephen C. Scalione (print name), as Secretary and Treasurer (title, if applicable) of Benderson Properties, Inc. (company, If a livable), swear or affirm under oath, that I am the (choose one) owner0✓ applicant=contract purchaserand that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Kellie Clark, P.E. 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 applicants 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 statedr tt are true. ! Signature Date Stephen C. Scalione, Secretary and Treasurer Benderson Properties, Inc. STATE OF FLORIDA COUNTY OF COLLIEER No n^a C The foregoing instrument was sworn to (or affirmed) and subscribed before me on lol OR\ 9 (date) by (name of person providing oath or affirmation), as who is personally known to me or who has produced (type of identification) as identification. STAMP/SEAL ro CHERYL LEA OWEN jay MY COMMISSION #GGO24025 „`�u"i EXPIRES: SEP 24, 2020 uwV Bonded through tat Slate Insurance CCU Signature of NotATy Public CP\08-COA-00115\155 REV 3/24/14 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PDWM1900014e9 I, Stephen C. Scallone (print name), as Manager (title, if applicable) of wn-1 GeepMA}py ,� av; (company, If a licable), swear or affirm under oath, that I am the (choose one) owner . ✓ applicant=contract purchaserand 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 Kellie Clark, P.E. 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 erjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts statedA it are true. Z Signature Stephen C. Seal one, Manager CVAI'� WR-I Associates, Ltd. By: BG The Village, LLC STATE OF FLORIDA COUNTY OF eeLiiER �cvt`a An G � La�l9 Date The foregoing instrument was sworn to (or affirmed) and subscribed before me on \nl G.gll 19 (date) by he e.. 3; e c".-t (name of person providing oath or affirmation), as LG X\a�'Lc who is personally known to me or who has produced (type of identification) as identification. m^, =1st WEN STAMP/SEAL'"""4FGG024025 Signature of Notary Public . 2020 te Insurance CP\08-COA-00115\155 REV 3/24/14 PART Of THE USA NETWORK Published Daily Naples, FL 34110 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 12/21/2020 Subscribed and sworn to before on December 21 st, 2020: h rz u _ Yvl. wz Notary, State of WI. County of Brown rARA MONDLOCH Notary Public State of Wisconsin My commission expires: August 6, 2021 Publication Cost: $1,008.00 Ad No: GC10557114 Customer No: 937448 PO#: NEIGHBORHOOD INFORATION MEETING NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood meeting held by Kellie Clark of Kimley-Horn and Associates, Inc. representing Benderson Development Company, LLC on: January 05, 2021 at 6:00 p.m. in the North Collier Regional Park Exhibit Hall located at 15000 Livingston Rd., Naples, FL 34109 or virtually via Microsoft Teams at https:Hbit.ly/3gQI15D or via Video Conference at https://bit.ly/3rOh0l5 (ID No.: 1159602134) or via Audio Conference (Phone No.: (984) 204-1608 1 ID No.: 358122656#). Subject Property: Gateway Shoppes located at 13585 Tamiami Trl. N., Naples, FL 34110 }1n i4 1 i , LAraftma' 1WO, 01— _R'.. . I,* The property owner is petitioning Collier County for approval of a Planned Unit Development Amendment (PUDA) for the Lawmetka Plaza Planned Unit Development (PUD), petition no. PL20190001489. The ± 34-acre PUD is located on the NE corner of the intersection of Tamiami Trail N (U.S. 41) and Wiggins Pass Road in East Collier County. The purpose of the PUDA is to request a third project entrance off of Wiggins Pass Road, request a total of three directory signs, and request a deviation to reduce the width of the south landscape buffer. Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the engineer, owner and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, fax or e-mail to: Kellie Clark, P.E. Kimley-Horn and Associates, Inc. 1412 Jackson Street, Suite 2, Fort Myers, FL 33901 Phone: 239-271-2650 Kellie.Clark@kimley-horn.com Timestamp 12/18/2020 7:12:02 (CST) Final Pub Date 12/21/2020 0:00:00 (CST) Ad Number GC10557114 Publication Naples Daily News Market Naples Delivery Method Both Number of Affidavits Needed 1 Customer Email CameronCecil@benderson.com Customer Name Benderson Properties Customer Phone Number 941.359.8303 Customer Address CameronCecil@benderson.com Account Number (If Known) Name CAMERON CECIL Street 7978 COOPER CREEK BLVD City UNIVERSITY PARK State FL ZIP Code 34201 Your Name Alex Helmbrecht Email Address ahelmbrech@gannett.com NEIGHBORHOOD INFORMATION MEETING SIGN IN PLEASE SIGN IN! Lawmetka Plaza PUDA Gateway Shoppes, 13585 Tamiami Trl. N., Naples, FL 34110 North Collier Regional Park Exhibit Hall (Room A) 15000 Livingston Rd., Naples, FL 34109 PL20190001489 1/5/2021 @ 6pm Nancy Gundlach NEIGHBORHOOD INFORMATION MEETING SIGN IN PLEASE SIGN IN! Project Name: Lawmetka Plaza PUDA Permit Number: PL20190001489 Project Location: Gateway Shoppes, 13585 Tamiami Trl. N.. Naples, FL 34110 Date/Time: 1/5/2021 @ 6pm Meeting Location: Noith Collier Regional Park Exhibit Hall (Room A) 15000 Livingston Rd.. Naples, FL 34109 Staff Member: Nancy Gundlach Signing in is not support or opposition to this project. Name I Email I Address / City State Zip Kimley»>Horn July 8, 2019 Ms. Cecilia Varga Collier County Transportation Planning Department 2800 S. Horseshoe Drive Naples, FL 34104 RE: Gateway Shoppes Additional Project Access Minor Transportation Impact Statement Dear Ms. Varga: Kimley-Horn and Associates, Inc. was retained by Benderson Development to evaluate and document the traffic impacts associated with the additional proposed access to be added to the Gateway Shoppes shopping center. The Gateway Shoppes development consists of 213,184 square feet of existing retail, and was approved to add an additional 45,250 square feet of retail for a total of 258,434 square feet of retail. Gateway Shoppes shopping center is approved to allow two access connections along Wiggins Pass Road, and this analysis is provided in support of a proposed third access connection along Wiggins Pass Road. The project site is located in the northwest quadrant of the intersection of Tamiami Trail East/US 41 & Wiggins Pass Road in Collier County, Florida, and is shown in Figure 1. A turn lane exhibit and the site plan are attached in the Appendix outlining the proposed additional project access. The Gateway Shoppes development has two existing access connections to Tamiami Trail East/US 41 and one existing access connection to Wiggins Pass Road. The two existing connections along Tamiami Trail East/US 41 include one right-in/right-out connection and one full access connection at the signalized intersection with Old 41. There are two approved access connections on Wiggins Pass Road according to the PUD and documented in the Traffic Impact Statement for Gateway Shoppes @ North Bay prepared by Metro Transportation Group, Inc. The existing (middle) Wiggins Pass Road project access will remain a full access. The approved western access driveway connection will also be full access, but is limited to service and delivery vehicles. As discussed at a meeting on April 26, 2017 with County staff, a modified double yellow line along Wiggins Pass Road will allow for the southbound left -turn movement at the western driveway along Wiggins Pass Road. This skip stripping will notify the southbound vehicle of where it should cross the eastbound left -turn lane when there is an available gap. It is now proposed to add a third access connection along Wiggins Pass Road. This proposed eastern access connection will be restricted to a right-in/right-out only access connection and a 200-foot right -turn lane will be constructed as indicated in the attached site plan. This minor transportation impact statement is provided in support of the third access connection along Wiggins Pass Road. No additional square footage is being proposed. Kimley»>Horn It�khaF 1 "ii7 ��cYY Fig '1 • • - Av". 0, - 1 ' Y •' 7 h. ,4 -- ' Wiggins Pass Road - yr • �`?�}E f i!� Figure 1: Location Map TRIP GENERATION July 8, 2019 Page 2 Anticipated trip generation for the total approved retail square footage was calculated using the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10" Edition, for ITE Land Use Code 820, Shopping Center. The trip generation potential for the Daily, AM, and PM peak -hour scenarios is shown in Table 1. A 25% pass -by capture rate was assumed for the AM and PM peak -hour and the daily pass -by capture rate was assumed to be 10% lower than the peak hour capture rate (15%) as outlined in Collier County's TIS guidelines. The detailed trip generation calculations are included in the Appendix. Table 1: Concurrency Trip Generation GROSS PASS -BY NET NEW ITE TRIP GENERATION CHARACTERISTICS EXTERNAL TRIPS CAPTURE EXTERNAL TRIPS Land Use ITE ITE Scale Units Peak In Out Total % Trips In Out Total Edition Code Period Daily 5,733 5,733 11,466 15 1,720 4,873 4,873 9,746 Approved 10 820 258.434 KSF PM 527 570 1,097 25 274 390 433 823 Retail AM 174 107 281 25 70 139 72 211 PM Peak -Hour Trips 390 433 823 AM Peak -Hour Trips 139 72 211 July 8, 2019 Page 3 Kimley>»Horn Anticipated project trips entering and exiting the project site were assigned to the roadway network based on information provided by Collier County for the Traffic Impact Statement for Gateway Shoppes @ North Bay by Metro Transportation Group, Inc and engineering judgement. The a.m. peak period and p.m. peak period distributions are shown in Figure 2. TURN LANE ANALYSIS As requested by Collier County, a turn lane analysis was conducted to verify that the project turn lanes along Wiggins Pass Road will be adequate for the total approved square footage. The projected total volumes (approved traffic volumes including the 45,250-additional retail square footage) were calculated based upon ITE's Trip Generation Manual. As indicated in Table 2 below, the turn lanes are anticipated to be adequate for the future conditions along Wiggins Pass Road. Table 2: Wiggins Pass Road Turn Lane Analysis Existing Required Future Proposed Future Conditions Conditions Conditions Intersection Movement Turn -Lane Recommended Length Turn -Lane Length (ft) Length (ft) per FDM** (ft) Wiggins Pass Road & EBL N/A Turn Lane not warranted' N/A WBR N/A Turn Lane not warranted' N/A Approved Western Access Wiggins Pass Road & EBL 485 235 485 WBR 600 185 430— Existing Middle Access Wiggins Pass Road & WBR N/A 185 200 Proposed Eastern Access *Based upon National Cooperative Highway Research Program (NCHRP) Report 457 Figure 2-5 or Figure 2-4 **FDOT Design Manual ***Continuous right -turn lane begins at the Middle Access and extends past the Proposed Eastern Access July 8, 2019 Page 4 Kimley>»Horn SUMMARY Gateway Shoppes shopping center is approved to allow two access connections along Wiggins Pass Road, and it is proposed to add a third (eastern) access connection, a right-in/right-out only access connection, along Wiggins Pass Road. As part of this additional access connection, it is proposed to construct a 200- foot right -turn lane for this proposed eastern access connection. Please let us know if you have any questions regarding this analysis. Sincerely, Christopher Hatton, P.E. Senior -Vice President Attachments: Figure 2: Project Traffic Distribution Figure 3: P.M. Peak -Hour Total Project Traffic Figure 4: A.M. Peak -Hour Total Project Traffic Turn Lane Analysis Site Plan Kelly Fearon, P.E. Transportation Analyst APPENDIX Legend — Roadway 0 Access Connection XX% Entering Distribution (XX)% Exiting Distribution N NOT TO SCALE 5.0 % Northern Access i Old 41 Road (30.0%) ` J 1 (5.0%) y (25.0%) c Gateway Shoppes Southern Access i 1 (15.0%) v m-0 M CL rt o rt Q CD 0 3 CD 3 m a 0 00 CD y fD W W N y y cD L 20% L 4.0% _ L s.o% 4— (10.0%) 4— 2.0% (2.0%) 4- 5.0% J 4 n4 i Wiggins Pass 1.0% J so%J Road 01 1 9.0% —11 (2.0%) (15.0%) y (15.0%) Z C Ca Figure 2 Project Traffic Distribution Kimley>>> Horn Operational Analysis Gateway Shoppes © 2018 Collier County, Florida Legend — Roadway Q Access Connection XX P.M. Peak -Hour Approved Project Traffi N NOT TO SCALE 2 19 Northern Access 1 Old 41 Road 219 l �1 21 y 129 N Gateway Shoppes Southern Access i 1 92 Z N cue o rt CL c o Q n n n N N N Le L16 L35 4- 43 4- 16 4- 23 Wiggins Pass Road 41 35 1 35y 9 65y C Figure 3 P.M. Peak -Hour Total Project Traffic Kimley>>> Horn Operational Analysis Gateway Shoppes © 2018 Collier County, Florida Legend — Roadway 0 Access Connection XX A.M. Peak -Hour Approved Project Traffic N NOT TO SCALE 6 Northern Access i Old 41 Road ` 45 J 1 5 y 23 r Gateway Shoppes Southern Access 1 i 18 m'V N CL rt O O' O O 3 CD CD Q n0 n n N CD y y N N L 3 L 6 L 13 4- 7 4- 4 4- 9 Wiggins Pass Road s 13 1 13 y 1 11 y C Figure 4 A.M. Peak -Hour Total Project Traffic Kimley>>> Horn Operational Analysis Gateway Shoppes ©2018 Collier County, Florida Intersection: Scenario: Date of Analysis: Analyst: TURN LANE CALCULATIONS Calculations based upon FDOT Guidelines Wiggins Pass Rd & Existing Middle Project Access Future Total 3/2/2018 Kimley-Horn & Associates, Inc. GENERAL INFORMATION Time of Day: PM Peak Hour Approach: Eastbound Traffic Control: Unsignalized Intersection Geometric Conditions: Urban Conditions Turn Lane Type: Left -Turn Lane Number of Lanes: 1 Design Speed: 45 Miles per Hour UNSIGNALIZED INPUT PARAMETERS Turning Traffic Volume: 35 vph Peak Cycle Factor: 30 UNSIGNALIZED TURN LANE CALCULATIONS Turning Traffic Volume: 35 vph Peak Cycle Factor: 30 Expected Vehicle Queue: 1.2 Vehicle Length: 25 feet Peak Storage Length: 30 feet Minimum Storage Length: 0 feet Number of Lanes: 1 Required Design Storage per Lane: 50 feet Total Deceleration Distance: 185 feet Total Turn Lane Length: 235 feet TURN LANE CALCULATION RESULTS Design Storage Length: 50 feet Total Deceleration Distance: 185 feet Total Turn Lane Length (incl. Taper): 235 feet KATAM_TPT0\048649 - Benderson Development\064 - Gateway (Collier County)\Sufficiency\Updated 03-01-. 3/6/2018: 10:45 AM Intersection: Scenario: Date of Analysis: Analyst: TURN LANE CALCULATIONS Calculations based upon FDOT Guidelines Wiggins Pass Rd & Existing Middle Project Access Future Total 3/2/2018 Kimley-Horn & Associates, Inc. GENERAL INFORMATION Time of Day: PM Peak Hour Approach: Westbound Traffic Control: Unsignalized Intersection Geometric Conditions: Urban Conditions Turn Lane Type: Right -Turn Lane Number of Lanes: 1 Design Speed: 45 Miles per Hour UNSIGNALIZED INPUT PARAMETERS Turning Traffic Volume: 16 vph Peak Cycle Factor: 30 UNSIGNALIZED TURN LANE CALCULATIONS Turning Traffic Volume: 16 vph Peak Cycle Factor: 30 Expected Vehicle Queue: N/A Vehicle Length: 25 feet Peak Storage Length: N/A feet Minimum Storage Length: 0 feet Number of Lanes: 1 Required Design Storage per Lane: 0 feet Total Deceleration Distance: 185 feet Total Turn Lane Length: 185 feet TURN LANE CALCULATION RESULTS Design Storage Length: 0 feet Total Deceleration Distance: 185 feet Total Turn Lane Length (incl. Taper): 185 feet KATAM_TPT0\048649 - Benderson Development\064 - Gateway (Collier County)\Sufficiency\Updated 03-01-. 3/6/2018: 10:45 AM Intersection: Scenario: Date of Analysis: Analyst: TURN LANE CALCULATIONS Calculations based upon FDOT Guidelines Wiggins Pass Rd & Proposed Eastern Project Access Future Total 3/2/2018 Kimley-Horn & Associates, Inc. GENERAL INFORMATION Time of Day: PM Peak Hour Approach: Westbound Traffic Control: Unsignalized Intersection Geometric Conditions: Urban Conditions Turn Lane Type: Right -Turn Lane Number of Lanes: 1 Design Speed: 45 Miles per Hour UNSIGNALIZED INPUT PARAMETERS Turning Traffic Volume: 35 vph Peak Cycle Factor: 30 UNSIGNALIZED TURN LANE CALCULATIONS Turning Traffic Volume: 35 vph Peak Cycle Factor: 30 Expected Vehicle Queue: N/A Vehicle Length: 25 feet Peak Storage Length: N/A feet Minimum Storage Length: 0 feet Number of Lanes: 1 Required Design Storage per Lane: 0 feet Total Deceleration Distance: 185 feet Total Turn Lane Length: 185 feet TURN LANE CALCULATION RESULTS Design Storage Length: 0 feet Total Deceleration Distance: 185 feet Total Turn Lane Length (incl. Taper): 185 feet KATAM_TPT0\048649 - Benderson Development\064 - Gateway (Collier County)\Sufficiency\Updated 03-01-. 3/6/2018: 10:45 AM U ° ---I SITE DATA m 0 5' BIKE LANE � _Is, _j EXISTING SITE UTILIZATION Q PERCENT J0 ° NORTH _ - _ ►� w 12' TURN LANE - - W O I PERMITTED SITE AREA(PL20160000032) AREA(AC) OF SITE W z � BUILDING FOOTPRINT = 5.93 AC 17.7% --I = VEHICULARUSEAREA= 11.46 AC 34.1% �/tt SIDEWALKS/ CONC. AREA= 0.37 AC 1.1% ° GRAPHIC SCALE IN FEET r�11 = v�JJ OPEN/GREEN SPACE= 5.34 AC 15.9% >, 0 20 40 80 - - - - - - �./ �' , DRY DETENTION AREA = 1.35 AC 4.0% - W GRAPHIC SCALE IN FEET PRESERVE AREA (ACOEEASEMENT) 3.28 AC 9.8% 5< � 0 30 60 120 I RECREATED PRESERVE 0.14 AC 0.4% Z G MATCH LINE -THIS I PRESERVE (SFWMD CONSERVATION EASE.) 5.08AC 15.1% O (n FDOT DRAINAGE EASEMENT 0.62 AC 1.8% i LLJ SHEET SEE ABOVE 33.57 AC 100.0% PROPOSED SITE UTILIZATION 00 EXISTING RECREATED NOTE: PERCENT N 'I PRESERVE AREA F ALL PROHIBITED EXOTIC VEGETATION PERMITTED SITE AREA(PL20160000032) AREA(AC) OF SITE PROPOSED 6' SHALL BE REMOVED FROM THE SITE AND I BUILDING FOOTPRINT = 5.93 AC 17.7% SIDEWALK EX. DRY ° 7.5' DETENTION IT SHALL BE MAINTAINED FREE OF o EXISTING AREA EXOTICS IN PERPETUITY. VEHICULARUSEAREA= 11.46 AC 34.1% m I DEDICATED EX. WETLANDS R I I R.O.W. p SIDEWALKS/ CONC. AREA= 0.40 AC 1.2% z 0 1 OPEN/GREEN SPACE= 5.31 AC 15.8% E 12' EXTENDED TURN LANE EX. PRESERVE AREA DRY DETENTION AREA = 1.35 AC 4.0% PROPOSED CPR SIDEWALK 6'SIDEWA KD 5' I PRESERVEAREA(ACOEEASEMENT) 3.28 AC 9.8% RECREATED PRESERVE 0.14 AC 0.4% NrqLn PRESERVE(SFWMDCONSERVATIONEASE.) 5.08 AC 15.1%Q FDOTDRAINAGEEASEMENT 0.62 AC 1.8%- --- -0_ O o J - O 1 ♦. 33.57 AC 100.0% w O EX. 252 SF y LIMITS OF SDPA -► METER ROOM PROPERTY BOUNDARY (TYP.) o � zz PL20180000548 RIGHT-OF-WAY OFFSITE � o 0 QwX oNL� Z c 0 M I ADDITIONAL VEHICULAR USE AREA= 0.24 AC Q p O N ° 0_ cn l� } PROPOSED 6' ZONING = w 7 SIDEWALK - a) >- w N O - CURRENTZONINGENTIRE PROPERTY=PUD(LAWMETKAPUDORD. 2002-51)PDI20160002106 L � NORTH = PUD TARPON COVE 2 PER�v1ITT ED EX. 225 SF I S2 z N O O I PERMITTED MECH ROOM - SOUTH= C.R.888-WIGGINSPASSROAD o� O o TYPE "D" RETAIL BUILDING �. U) L] m I LANDSCAPE 30,016 S RETAIL I _ Q BUFFER BUILDING \ \\\\ ` WEST= PUD TARPON COVE ■ Q _ O EAST= U.S. 41 ROW ON U Z w \ EX. UNIT 2 EX. UNIT EX. UNIT 6 EX. UNIT 8 EX. DRY j UNIT 100 7,119 SF EX. UNIT N RETAIL BLDG RETAIL BLDG RETAIL BLDG RETAIL BLDG RETAIL BLDG I DETENTION a 1� UNIT 101 6,681 SF. 15,929 SF 20,388 SF 25,001 SF 15,021 SF AREA a o EXISTING 4' PROPOSED �C SIDEWALK � SIDEWALK ` BUILDING REQUIREMENTS n EASEMENT 200 SF MINIMUM 12' COVERED SEATING 0 ° EXTENDED rr 5.� I A. DEVELOPMENT INTENSITY Q LLJ TURN LANE [ m z m - - - MAXIMUM ALLOWED PROVIDED O 258,434 SF EXISTING L w Q 0 J c o w CO Q N~ O EX. UNIT10 270,OOOSFAREAOFRETAILANDOFFICEUSESPERMITTEDON W U E 66' a r- PROPOSED 13' SIDEWALK EASEMENT �" - _ J J RETAIL BLDG ` I PARCELSA, B,AND C, ORSUBDIVISIONS THEREOF J Q Rao a �� -a _ ``��� 61,207 SF • I 0 SF PROPOSED w w f � � ED 6' 258,434 SF (TOTAL) J Q } SI WALK ¢•� .6 o B. BUILDING SETBACKS z Q J U ` � = Y 10 W 9 I I 9 5 ` REQUIRED PROVIDED W � O Y �- 20 20 22 20 20 D_ I I I I 20 20 �` I FROM PRINCIPAL STRUCTURE TO PRESERVE AREAS=25' 25'MIN. 0 0) � m > EX. 12' DEDICATED I I t t J D < m ° R.O.W. 20 11 • t t 20 ® O I Lfl o m 1 FROM ACCESSORYSTRUCTU RE OR PARKI NG OR ALTERATIONS a O m w Ld 10'MIN. LEI L,� Z Z Y i . 12 TO PRESERVE AREAS Y L� Q CD Q w TYP i i O O 20 ` v/) o o v ° LAN - 14 14 ` \ PARCEL A (PER FROM PROJJEDC)TPERIMETER BNDY=35' 71' MIN. BUFF I I X. UNIT 12 I a 16 8 1 1 8 16 14 14 14 14 - 20 RETAIL BLDG FROM INTERNAL TRACTBNDY=20' N/A (NO TRACT BOUNDARIES) 20 21,224SF I DISTANCE BETWEEN PRINCIPAL STRUCTURES=1/2SUM OR 1/2SUM (MIN) 25 O _ ` MAXIMUM BUILDING HEIGHT=50 FT 22'-8" 20 ` O MINIMUM FLOOR AREA=1,000SF 3,820 58' � 20 O� EX. 360SF MAXIMUM FLOOR AREA= 65,000 SF 19,170 9 MECH ROOM CIL PARCEL B (PER PUD) R3DO 0 r 1 e t 16 16 ````�� I FROM PROJECT PERIMETER BNDY-35' 35' o } `` 1 PROPOSED 6' t t + t t �`\ 3 FROM INTERNAL TRACT BNDY=20 N/A (NO TRACT BOUNDARIES) SIDEWALK ^ O DISTANCE BETWEEN PRINCIPAL STRUCTURES=1/2SUM OR Z °�� 17 10 25' 1/2 SUM (MIN)ui Q ° 1 1 5 16 9 16 18 EX. UNIT 17 $ 18 18 RETAIL BLDG t MAXIMUM BUILDING HEIGHT =35 FT 26'-8" 4,337 SF MINIMUM FLOOR AREA=1 OOOSF 6 681SF t 3� 12 4 I MAXIMUM FLOOR AREA= 65,000 SF 61,207SF X. RETAIL BLDG 13,387SF 7 EX. UNIT 18 I PARCEL C& DfFROMPUD) 1, 5 S :• 40' N/A. THESE DEVELOPMENT AREAS WERE PERMITTED AS PART OF SDP-AR-8241 TYPE "D" \ -0. EX.0 IT 9 DRAINAGE LANDSCAPE h � _ -► � 1,610 SF � EASEMENT o LDICATED BUFFER oDRIVE-THROUGH STACKING REQUIREMENTS � EX. 12' o - X. TT E `� e°°e°eee _ - - - R.O.W. � ® 5 9SF TOTAL STACKING AREA PROVIDED = = 10 VEHICLES J .s 9 I I 2 0 0 0 \O 1 123 sF I PARKING CALCULATIONS ~ o `vr o 1 O 5 7 1 I 7 i t 12 10 \ \0 % Lij LLI O 7 O 0 7 `7 1 t �o I TOTAL SITE (1 SPACE /250 SF SHOPPING CENTER) J 2 I O�10 e e e e e e e 1 I 7 ( G E 5 F TOTAL PARKING REQUIRED= 258,434 SF/ 250 = 1034 SPACES ^^ 11 I ET ZOOM 1..� U \� O O 4 ` / ADMINISTRATIVE PARKING REDUCTION (PL20170001726) _ = 97 SPACES O OQ 4 1000 1 I I I o 1 I TOTAL PARKING PROVIDED= = 940 SPACES J 1 I 13 EX. DRY I TOTAL HANDICAP PARKING REQUIRED ui EX. RETAIL BLDG Q• A 1 7 12 DETENTION ^ Q Q 01 - O 1 I I PERMITTED AREA 20 PLUS 1 FOR EACH 100 OVER 1,000 (1,001 AND OVER) �,/ J LL � J 19,170 SF 4, 8 S 1 0 � RETAIL BLDG g �I m 2 10 1 I 8,115 SF 1 y \____ 20 + o = 20 SPACES v! w w n 7 Lu UNITS 100-105 1 TOTAL HANDICAP PARKING PROVIDED " 0- 1 - 26 SPACES Q, _ � 11 � IIIIIIII w Z n U) �� _ 11 10 O d e m LOADING O� } 7® 1 1 t I 6 6 y 3 SPACES FOR FIRST50,000 SF+1 PER 25,000 SFc el (D z i�: < U)> 6 v e e$ v e v e ~ _ 6 EX• 20gUFFER CAPE 3+ (263794-50000)/25,000 - 11 SPACES A= O 0 > $ ®', �„ LOADINGSPACESPROVIDED = 13 SPACES W otL X w BICYCLE PARKING REQUIRED Q m Ililil 5% OF VEHICULAR SPACES REQUIRED (2 MIN/15 MAX) W N 1 1034 X 5% - 15 SPACES J L O 0 � BICYCLE PARKING PROVIDED - 24 SPACES � M E n� '`` UNITS 100-105 STACKING PROVIDED = 10 CARS SHEET NUMBER D �� U.S. 41 - TAMIAMI TRAIL N. -- !� TRAIL N. o I., (FDOT) PROPERTY BOUNDARY (TYP.) _ �.S. T) NOTE: N a C-4 • � � ' . � ALL REVISIONS SHOWN IN BLACK. Kimley»>Horn Deviations & Justifications DEVIATION 1 Deviations and Justifications Lawmetka Plaza (PUDA) Collier County, FL Deviation 1 seeks relief from LDC Section 5.06.04.F.3, Directory Signs, to allow for three directory signs to be permitted, one at the entrance along US41, one at the eastern entrance along Wiggins Pass Road, and one at the intersection of Wiggins Pass Road and US41. Justification This deviation is requested due to the addition of a third entrance along Wiggins Pass Road. The sign on the entrance along US41 and the entrance along Wiggins Pass Road are existing. A third sign at the intersection of Wiggins Pass Road and US41 is requested. The analysis performed for the new driveway connection shows 65% of traffic entering from Wiggins Pass Road will do so at the proposed easternmost right-in/right-out driveway connection. This high percentage of traffic re- distribution from the existing driveway from Wiggins Pass Road is more likely to be effective if properly signed as a main entrance to the development. The new driveway connection will provide dispersion of traffic along Wiggins Pass Road, with an increased safety benefit of a westbound ingress right -turn lane at both the existing middle driveway and proposed easternmost right-in/right- out driveway. Based on the redesign of the commercial development's parking lot, the proposed easternmost right-in/right-out driveway will act as a main access driveway to the development along Wiggins Pass Road. The construction of a monument sign at the intersection of Wiggins Pass Road and US41 will attract vehicles to enter the site through this driveway and allow for the dispersion of traffic and improved traffic operations on Wiggins Pass Road as shown in the previously submitted traffic analysis. DEVIATION 2 Deviation #2 seeks relief from LDC Section 4.06.02 CA, "Type D Buffer," which requires that developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20-feet in width regardless of the width of the right-of-way, to allow for a minimum 10-foot wide enhanced Type D Buffer in the portion of buffer on the south boundary along Wiggins Pass Road between U.S. 41 and the project's middle access drive. The buffer will consist of: 1. One tree or palm equivalent spaced 25 feet on center in addition to the minimum number of trees required to meet the Type D buffer requirement. 2. Trees shall be a minimum height of 15 feet. 3. Shrubs shall be a minimum height of 30 inches. 048649064 January 2021 Kimley»>Horn Justification Deviations and Justifications Lawmetka Plaza (PUDA) Collier County, FL This P.U.D. change applies to the buffer on the south boundary along Wiggins Pass Road between the intersection of US41 and the project's middle access drive where existing conditions and dedicated right-of-way resulted in a decreased buffer width. To offset the reduced boundary perimeter buffer width (from 20-feet to 10-feet), an enhanced Type D Buffer as described above will be provided. The required maximum 20-foot Type D Buffer will still be maintained along Wiggins Pass Road west of the middle access drive. The proposed buffer design ultimately provides more shade and more plants within a smaller area, creating a denser buffer than a standard 20-foot, Type D Buffer. The remainder of the Southern buffer to the west of eastern access (right-in/right-out) drive meets the requirements of the LDC with a Type D buffer averaging 20-feet wide. 048649064 January 2021 rn r` _o N N 0 O Z 40 0 20 40 80 SCALE: 1" = 40' LEGEND -GAS- = UNDERGROUND GAS LINES -C- = UNDERGROUND CABLE LINES E = UNDERGROUND ELECTRIC LINES T = UNDERGROUND TELEPHONE SEWER LINES �- DENOTES FIRE HYDRANT - IV DENOTES IRRIGATION VALVE DENOTES ELECTRIC SERVICE OB - DENOTES WATER METER BOX w - DENOTES WATER VALVE ❑ - DENOTES CATCH BASIN 0 - DENOTES CABLE SERVICE S - DENOTES SEWER MANHOLE OL - DENOTES TELEPHONE SERVICE - DENOTES LIGHT POLE DENOTES POWER POLE 0 DENOTED UNDERGROUND GAS LINE MARKER LPG a o& - DENOTES FIRE DEPARTMENT VALVE Q w PARCEL "A" w m W > z <o of � �_ o ^®®® o O CL z s o FOUND 5/8" IRON PIN z � = Q U) d GATEWAY SHOPPES w a o a IL AND CAP^ &� STAMPED METRON LB 7071 41 = N W > W 0 o y9p CATCH BASIN oti ^° ^o do oc S53002'56"W �� I ��� z 2 o o � a z W ^ GRATE ELEVATION = 9.40 00. ^ -\ti° ^° ^° 1 1 2U ^^' I a = a 0 0 LEGAL DESCRIPTION GENERAL NOTES ' ^ a < Wz U)U) 0 _j 0° os ^o�titi ^ ? Do ^� CATCH BASIN ¢ w U) W ~ J Z 2 '- - - - "^ o GRATE ELEVATION = 6.70 z O 0 O THE SOUTHEAST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER 1. = FOUND 5/8" IRON PIN AND CAP AS NOTED. yam"- - - - - - - - - - - - - - - - °^� - - W LL a O - ^ ^^ ^° ^ A, rr o Z W (n OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, LYING WEST OF 2.♦ = FOUND PK NAIL AND DISC STAMPED BWLK. 1 °6 h 5'± CONCRETE SIDEWALK ^° ^° I = w � = Q 0 THE NEW U.S. 41, SEWER MANHOLE U p w a_ W 0 W COLLIER COUNTY, FLORIDA, LESS AND EXCEPT 3. DESCRIBED PROPERTY LIES WITHIN FLOOD ZONE AE, ELEVATION 9.0 RIM ELEVATION = 10.80 I L o = U X o Q THOSE LANDS DESCRIBED IN O.R. BOOK 5325, PAGE 283, BEING MORE PER F.I.R.M. COMMUNITY PANEL NO. 120067 MAP NO. 12021C 0191H oo ° ASPHALT INVERT SOUTH =4.98 CURB INLET I Lu z w pQ ^ PARKING INVERT NORTHEAST =4.92 ASPHALT w w _ PARTICULARLY DESCRIBED AS FOLLOWS: CATCH BASIN h Ln z DATED MAY 16, 2012. ENTRANCE I o w GRATE ELEVATION = 9.56 0° o ° 'o ° oc 10.97 a a z 4. ALL BEARINGS AND DISTANCES ARE PLAT AND MEASURED UNLESS. °� 6 ^° �^ b^ �o oc htil ti CATCH BASIN Z 0 a o 01 '0 8, oc ^ ^ ^ ^ ^°' p° GRATE ELEVATION = 6.4 C9 a O 1 10.78 0 ^ ^. ^ O w A TWELVE (12) FOOT WIDE STRIP OF LAND LYING IN THE SOUTHEAST OTHERWISE INDICATED. ° ° o°O° rr� s 24"RCP NORTH=3.86 w LLoONE-QUARTER SE 1/4 OF THE NORTHEAST ONE -QUARTER NE 1/4 OF 0.22 a1 pp ^5'±CONCRETESIDEWALK ^ ^ti' mZ( ) ( ) 5. ELEVATIONS SHOWN HEREON ARE RELATIVE TO NORTH AMERICAN 1o.z2 ^ O s CATCH BASIN 0 's I o W =SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, p 9 GRATEELEVATION=9.44 ��� ^ ^ "^ •^ .^ •^^,° oa�ZZVERTICAL DATUM 1988 (N.A.V.D.). os7 ^ o^0 50,°" O�o ro o FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ^° ^ ti� ^° �' s's •^=o� ,00 a W6. THIS SURVEY IS CERTIFIED TO THE DATE OF THE FIELD SURVEY, NOT ❑ o0 0° ^o°o 0 0. 0� 0 w Z w coTHE DATE OF SIGNATURE. oo b° ° °. b 1 ^ o ^ ^���,honz ° E5 �m^^o� :^ o o a o w z o COMMENCING AT THE EAST ONE -QUARTER (E /4) CORNER OF SAID ^°'^°� ^ _ •^ "° " w Z 0 J co SECTION 16, RUN S88029'21 "W ALONG THE EAST -WEST QUARTER LINE ya 10.86 'o o ^o o° o a °ry o a o 00 W ^° 11.01 's �` o� CURB INLET o� w O ¢ O0_ - � OF SAID SECTION 16 FOR A DISTANCE OF 266.93 FEET; CATCH BASIN ^ oa z o o � 0 CV ° , „ GRATE ELEVATION = 9.75 6p, yo GRATE ELEVATION = 9.60 'a. a z U F O - o Q THENCE LEAVING SAID LINE N01 30 39 W A DISTANCE OF 70.18 FEET TO ASPHALT ^o STORM MANHOLE Z > � �, o c i o ^ti PARKING Do Mti 'o RIM ELEVATION = 9.98 w z Z m m o THE NORTHERLY RIGHT OF WAY LINE OF WIGGINS PASS ROAD (C.R. ^ 0 10.15 oa o9 0 - a o NO. 888), ALSO BEING THE SOUTHERLY LINE OF THOSE LANDS ^ 9.73 oy ^ooti O c� o LL o a o° o ^�� alb ^ po Sower° O O O DESCRIBED IN O.R. BOOK 2658, PAGE 2458 OF THE PUBLIC RECORDS Op o 0.22 ^wry p ^^ti o� ^ as o` = W W o Z Z z OF COLLIER COUNTY, FLORIDA AND THE POINT OF BEGINNING; ^° 0� �� ^° ^ ^° 10.66 ° p6� ^ �2 o Q� ~ co x .76 ^oo \ ^p / ^off o ^^ y ^pe o oa h o • oo• �p " o O) O w c I- a� ^ a o ° o = o` • o " = ti 104 00 J THENCE ALONG SAID RIGHT OF WAY LINE S88 2921"W A DISTANCE OF cq 10.86 h 10.43 ^ ^O�pO ^ 0 10.66 =^=O _ n II W N m Lo 525.00 FEET; ^°� 10.26 a THENCE LEAVING SAID LINE N01°30'39"W A DISTANCE OF 12.00 FEET; ^° I 10.70 0.72 / ^ A Q THENCE N88029'21"E A DISTANCE OF 525.00 FEET; ASPHALT 0.30 BENCHMARK (VACANT) rn ga o CATCH BASIN c"ti m I 'o 05 PARKING G qTE ELEVATION = 9.55 oo 'LO ® cn (D 00 THENCE S01°30'39"E A DISTANCE OF 12.00 FEET TO THE POINT OF '9 ^° 0� s' ^° ,� / ^ ° ^o�� FIRE HYDRANT YD ANTE BOLT ON e z N rn N ^° ^ � 01 ELEVATION = 13.03 NAVD � � L6 BEGINNING; / ^°6ti ♦� p1 I ^° ^° T. vJ oc o° ^ 2 a W00 ^°y ^o "^Cry I �� a° ^y� - ^° �J 'Ili o^ ^° °�� ^°y� ^^p�^^� ^°�'� •`°^ ,06 �ry "�� "�� "��^^% o� o�° 0�'�61^ "��`o� _� Q THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 1,475,706 _ SQUARE FEET OR 33.88 ACRES OF LAND. GATEWAY SHOPPES °°� ^°^° ^p o ^p U m 10 0o Dti I ^p. p. , ^p. tia e � co � W ASPHA T SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF p PARKIING ^pO 12.6'X13.5' ^ 39 RECORD. ^ I TRASH \ - - - S88028- - 125_00' - - - o I ^ to ILID I04 ^°a (O.R. BOOK 2571, PAGE 956) N = b' co to IZ � I ENCLOSURE ^ 0 CATCH BASIN , o I 41 o ❑ o o c:)Cfl sa o °O .�'1, O^ I 90 ^p. Opti ^ ' 7s p0^ a EL o 5 pg GRATE ELEVATION = 9.62si ^ ,y o ti o a 0.^ I' ° O 0 ' a0 ^° ti �, ^ O = Ory , 0 = 0ry =^00 = ^ O � • o = 0 5 • cb 9�0 b p O. O`? ^O ^O ry r° O° `L`1' `S 5 a ^^ NO ti^ yo ^ ^ o� ce^° ^° o^ s.ao co of ^o W O ^°' y ^^. ^ 0 0 0a a0 �� po° Ob1 10 - h0 000 ^O. 9.79 a9.72 O p3 10.65 Z Y Z z 13 IZ, 0 ^O' a O 0 ^° O 11.00 bb ^°O O90 1 07 Oa 9.96 ^O 10A1 L g6� r Q = c) U LLL� TEL a a "J G° ^ 1 ^ , ^ o p ^. 1o.a5 CATCH BASIN 1o.3a y os ^ oc 0` co Do ti^ • ^ ^ 11os2 'cps CATCH BASIN 9.96 GRATE ELEVATION = 9.50 10.13 0 0 U U) Q = c. c. 12.5' X 13.4' ^a.a8 GRATE ELEVATION = 9.37 10.18 TRASH CATCH BASIN 18" RCP WEST = 5.00 0 00 cn GRATE ELEVATION = 9.55 18" RCP EAST = 4.57 c 0 ENCLOSURE 0 ^p ASPHALT Foy 24" RCP WEST = 1.11 ^ PARKING70o O '0 50 ° ^ooti ^ ,o ptia s °,sa ASPHALT os ^°`ti ti� p'9 he ho ^o W Z �s ^ I o^ PARKING s ^0 50 0 ^° o ^° ` oco ti a 1 ^ 0 ti O 11.19 ^^p6 ti ^°ti °oti °° ° ^ �^ oa ° °�� 6 BENCHMARK ohY� °: �: q. �. " _ �� (� O ^ O.^O b'0 0 ^ ^^ o O O '� o 0�0 CATCH BASIN o I bo ' ^ STEAMER FLANGE ti TEL U Lu 0 GRATE ELEVATION = 8.96 Do ® ^p. °�. ^^.a 0- . ❑ ^^Sop o off`' co ^° ^°Y'yc 'ass 10 ��pa ELEVATION = 12.96 NAOVD o O Z a ^ ^^ Nry 0a Op O411 ^° ^°' O ^ O ^° °, x O oh ^ ^O' O' ^ ^ 0 h Ob ^ ^ ,q vbb€ C O O W O ^O^Oo� bya ^O^ ^pN ^ � ^° ^o ,� k o ac STORM MANHOLE � ~ Z W \0 ^° o� ^° o ^ RIM ELEVATION = 10.20 Z O W W ^ ° 13585 TAMIAMI TRAIL NORTH ^ °� ^ �� ASP'JIINGALT ^ do ^°� o o PARKING ^°' x ^ ONE STORY ^^ �� ^ CATCH BASIN 0 - Q d � I--- - �b 0 GRATE ELEVATION = 9.77 Q J ^o co ^p5 COMMERCIAL STRUCTURE CATCH BASIN , p CATCH BASIN ,o o s oh Q LL �6 FINISHED FLOOR ELEVATION = 11.41 NAVD R 0 GRATE ELEVATION = 9.6�ss ^o ^p GRATE ELEVATION = 9.66's2 0� 8� �' ccb O \TI O � O " 010 ^Oy ^O 01 09 0,1b ^p`.1ry D ^ CATCH BASIN ^p?� ^,yo ®�'i •�^� 6a ryo c bh cp ^°A� ^o`� y,5 O LuW W GRATE ELEVATION = 10.81 ^° ^ - -- - - `� o Z O b 0 h V �o 3 LL J z O 00^ w ^0 W 00 J ^°' ASPHALT ^ I ASPHALT w = ­t PARKING o^ PARKING Da o T N o y U) W ,° ^^ 11101 Ooc b5 � ^oti ,o Z W �s ,^°ti^ ^0 000 ^o^qa s, CATCH BASIN tia - ^ ^^oo ^ °�`L \°`LO' o`p`L ^° ,� ^ ^ ^^d) Q GRATE ELEVATION Em 9.93 ° ❑ CATCH BASIN ^ °b s ^ Da co h o° ho 50 (V BOTTOM = -0.27 o po ^hti rE ELEVATION = 11.18 ^ o� ^ ^p. ^O ,�o �'� �.Y ^o ^o ^o ^p pop, r O PVC SOUTH = 7.39 ^^. ^o oc ,.,,L ^coo I '" o'Lo ^O�o p. ^�1, . . uj � W Ld) ^bti ^°c� i N oa O� ^ ^ ,i b o ^ ^°' a ti o h° ^°� s qp 02 O Z 0 ^O. ,� ^ ^ti O ^E .2 / o , • 1 ^°' 0p '• ^ ^. ' O O O O ^^' ^^ ^O ^O AS HALT ^° ^ J O O°c96 0° SEWER M'ANHO� ^ ^ pop ^y 12.8'X 13.3' 12.6'X 13.4' ^^ 11 W 0 ���o �,q�, h PA o� LLJ O � O BENCHMARK ^ o I h / ^°o^° RIM ELEVATION �10.50 ^TRASH TRASH I ENCLOSURE OSURE ENCLOSURE OSURE � Q ~ = m SEWER MANHOLE o RIM ELEVATION o-aa 7o s RIM ELEVATION = 10.74 O X-CUT IN NORTH RIM I PVC EASZ 0 . _ _ _ - - - - - - - - - - - - - - - OF MANHOLE `L 10" PVC NORTH = 0.57 p / 10" PVC EAST = 1.87 0 0 'o �o DS Q a� 10"PVC WEST="fg82oti0 p?^oh sp o. ^°' J ELEVATION = 10.38 NA 1�D 10" PVC WEST = 0.56 0 o ti ; ^ ^. , 10.53 10.44 p. ,y fo` ^ ^. ^O ^ a '-0 ,o '& eh 10.88 0 , ®� q� 00 " LIFT STATION 1 , .� 10.83 Qs , ^^ '^ o0 2 p ,, , .L (+7 nt AND CHAIN ' ^�o '2 ° o o.aa 0 0.as 2 ozb ^I oti ^0 5T ,o ^° O 17 p' ^° o oti O v O O } s °' 0� o o F �_.s� tiL STORM MANHOLE ^^ p __ _ ^°ere s, o ^o LINK FENCE p. o ^ ^ o +, o p p o o o 5' -ONCRETE SIDEWALK ^ W 00 .2 ..,ti^ ^o a0 ^o 5'± CONCRETE SIDEWALK ^,� RIM ELEVATION = 11.05 A . cy\p. 5'±CONCRETE SIDEWALK I 5 ^ a ^ ^ - `z ^oa o ^ oh b �' RUSTED ^p ^° , s Z �' x- ^ o °a °° BENCHMARK ^°' �� pbo °° rn o z STORM MANHOLEO ^ p`bp c ` ^° ^ O O_ W pa oti c ^ ^ ^ X-CUT IN NORTH RIM OF ,o po° 0, ^° CURB INLET (V = 0 O ^ RIM ELEVATION = 10.63 o GRATE ELEVATION = 9.86 T 0 U CATCH BASIN 7 2 ^ = oo I BOTTOM = 1.82 ^° ELEVATION = 9.43 NAVD ° s 8 op 1 00 12" PVC NORTH = 7.13 STORM MANHOLE ^ l CATCH BASIN ^off c ^°^pa o� 'op STORM MANHOLE O Z ® RIM ELEVATION = 10.31 tia ^S� GRATE ELEVATION = 9.60 o RIM ELEVATION = 10.26 W O CATCH BASIN b° ^°' ^ 2 ASPHALT w 18" CPP EAST = 5.25 g CATCH BASIN BOTTOM = -2.27 PARKING Z Z = U I ^o� ^ _ � GRATE ELEVATION = 9.42 ` _ GRATE ELEVATION = 9.65 - Lij - o BOTTOM = -1.75 ^ ° BOTTOM = -1.48 ,o, ,os�c 'o2j 'cps 'Qso 'Os, ^ h�o ^^ J o p. ^o ^o STORM MANHOLE s °o W L.L O J =1' • ^ ^ ^p°.' • ^o`' I I RIM ELEVATION = 10.32 00 , o� , t o�o°p ^^ m Cfl 18 $PP WEST NORTHEAST5.22.98 =^ "^o. 'os, 60 0� oo ^°. T °cT G c�^' °oa w J U) O Q O ° 1Q, ^ STORM MANHOLE I , ;� ^off^off' ^o'^°' ^° 0 I- o� RIM ELEVATION = 9.85 m ass c 15" CPP SOUTH = 5.25 I m ^' o' (D(D(D CO E E o^ o m ^o^ ZZZU M� O O a •° ^o° y CATCH BASIN a Z N ^° z ASPHALT GRATE ELEVATION = 10.24 Lu a W Lu > M M N b� 1+ (VACANT) m IENTRANCE (VACANT) BOTTOM W Q W W � U O = z m ^°yo ^ po Z_ Z_ Z w d� ° A ^°' °895 WIGGINS PASS ROAD °� cD �'' "' o N88 29 03 E 94.99 m m Z} z N N CD `� FOUND 5/8" IRON PIN .^ m I '� a 6 0 ONE STORY W W W ti ^ o ° ^° o ^o° .c p9' p6 ^0�,0 COMMERCIAL STRUCTURE J > J Z Z W x- ^ AND CAP m ^ ^^ FOUND 1 IRON PIN > Of Q W Z Z Q c ch g c " I ^ ^, ti FINISHED FLOOR ELEVATION = 11.23 NAVD o .^°' STAMPED LB 1772 /4 � ° ^ ^ Q O m Z o6 • _° J CATCH BASIN Q a U W Q'� N87°58'27"E U < J = o 0 a CATCH BASIN \ GRATE ELEVATION = 9.98 ^� ^ ' o° ^ 0 27.92' O N •b STORM MANHOLE ^ ^ b RIGHT OF WAY DEDICATION GRATE ELEVATION = 6.69 15" STEEL SOUTHEAST = 4.88 1 0 0 0 RIM ELEVATION = 9.87 b ^° ° ^ ^ S01 030'39"E Q BOTTOM = 1.21 = ^°' 15" CPP NORTH = 5.44 ^° ^ p o° ^ o O 15" CPP SOUTHWEST = 5.44 p'? ^o � ^o \ STORM MANHOLE oh �0o^co ,a ^ oac ,os ^^o^ (O.R. BOOK 5325, PAGE 283) 2 21 c ° , „ • RIM ELEVATION = 10.29 o n ° N45 34 26 E 15"CPP NORTHEAST NO,. -3n9 W ^^ ^o`'c ^ ^ • = 0 •^° p ^° , ' c ,5a g c. o a o STORM MANHOLE 0 76.30 ti 15" STEEL NORTHWEST = 5.09 °oo ^^o ^O� c" ^° STORM MA7&OLE ASPHALT RIM ELEVATION = 10.26 12.00 ^ a • ^°' = g. • 0' / ^ RIM ELEVATION = 10.22 PARKING 15" EAST = 5.34 I. 12" PVC NORTHEAST = 6.60 10" PVC NORTH = 7.66 0 d` WATER ACCESS o 0 � " . ° 9.9' X 19.8' �.ZX � � � • " 0 2.9' M 16' 4 b ° 0�` o = o� CONCRETE PAD \ i SIGN a ^ ^ ^° h 9 75 ° h 15" 78AST = 5.00 10.18 1o;va 9 76 0 os` c a� .PIV0 VAULT 6 c co = ^ O� • 0 • 0 • ^� 9.80 9.68 �' 1 9.81 9.98 10.27 10.67 10.19 t-0 03 9.80 g O 9.87 0.43 10.86 10.18 10.25 '� Oh ° \ / � BACK FLOW ^ I °j� °j 10.37 9.94 p' 0 10.50 10.2 10.10 �( c� `LO 6.2' PREVENTOR oeti o o ti e 1� I p 10.4210.65 osa 0' ^ a ^ eo�o^ o 0 VAULT i o cry ON sL �,o ^ ^o _ ^° , ^0 c- V U ^ ^ Z o . o� ^ ^ o� = c o ^ CONCRETE PAD ^ o " O b O ^O 01 O o o 1_�L SEWER MANHOLE ^° • = o ^ o' ^ IL o ti° o ° UNKNOWN " Tc c�a a15 9.20 S88 29 20 W _ ^°' ry ,� RIM ELEVATION = 9.06 "o0 1� o' ° 1� p o o �� o� 0^ • o� s.zs 0 = Cl. �, 0' ° o P OLE O c`ti^ c`L 9.21 30.00, _ c6 ^ ^ - ^ 0 6'± CONCRETF� 9 EWALK s o5 =23 ^' N88°28'13"E 552.44' " a� ry' �' - T -� T - o LEPH 946 .35 0 G GA - ti o� ry o� o� s TE ONE oo ,° coy c6o S01 30 3 c 9.389 s i�A$ S`l. 4 `a' ^ �---- T T^a= ry °j 0 12.0 9.27 i /i a o 0' AS GAS T n T r �- p. VAU s.27 `J, O. a - Oh pbv 6'± CONCRETE SIDEWALK o,. o,. 5� o. A o_ - �- T fi _ - - 0 O o' I p�ti � p0 00 b0 b6 00 Off' h O c °O T 6 TO. T T O 9.31 o o • T T T o T �� ^ 5" P_ `� 6 JJ �• _ ---e}" o ^ c `50 `'ry •�'^-_ _- - •�_ ___ --_ _ _ O ati T TL�rt- T --' ,�, �.-S�qS�----wA� vrn3 ^h..._ 0'S o1 16" FORCE MAIN �� ^ - -- - -�� - - - - - -- --• �- - - -- - ° POINT O F 6 E CAI N N I N G T I- ory ?��ho.�� °' 7-� T� -� =vTr -� EGA TS C C_ I '8p o °j o ° .-oc°'-4.51M_ARKEDAS _.�'-- --- - --�F' -- - --- -- `L o�y ^°^ P OF z GASH r- "� T o �o - - I N T 0 o0 •� C •^CGA� � r-rB `ro •^b r �b .� ICHRASIN----•°j-- --- TOP - "--- "------ -- --- ---"-- --- - - - - PE ,80 .yb GRATE ELEVATION = 8.48 �c oc coo c?^`so cati • ��� _ _ _ -- _ so 15" CPP WEST = 5.64 $ 0' . c' c' - o coo c^o 8 8� o =o off. -GAS GAS =�'ti----------------- - - - - -- ^SECTION1 4 AA ------------------------------ 0 --- CATCH BASIN y� ^ //�/"J /TT/7.r,,�1, `�'- o a^ EAST QUARTER CORNPR � � U > uj °7s oh ti° 19 - - - - - - - - -- - GRATE ELEVATION = 7.11 a° T l 1 L /Z L, �G ' . c°c = °�� . °�^ • = O ^po ^o. ^off =I^°6 S R2� cz 0 ----------- -"^oho -- - -- -- -- - - -- - - O!L^ 15"CPP EAST '-- 29'21"`A/ � o) o WIGGINS PASS ROAD - - VV z� � ° S88° 26 � - -- �IOE}°35'46"W- - --"Lu ti CD �� O i - - - - - - - ---- - -- - - -- - - - - - - - LL_ qt - �70.01' o tia------- - --- -- -- -- _ - p�L 6p - - - 6_ - _ _ _ _ _ _ - - - 0 00 0 0� o• �� cry^ ° 5 ° Oo O° 00� ---- - _ _ ° , 8 °� - - �- 89 �° 0 ° �o o�ry °� ��, 9�8 FLORIDA LBUSINESS AUTHORIZATION NO. LB 2464 Q Q U Lu Q - - 0 o O 1`3 p 2 0� y L J W L Ll cp UwU- ^bh �h0 ^� c° oo 1p a o0� oq^ti , ctic Q = 0 0 ao o' A o� A9 0^0 � LL � a a c?° cati RICHARD J. EWING, VP O U) PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5295 o Q NOT VALID WITHOUT THE SIGNATURE AND c ) Z THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SHEET 1 OF 1 DATE OF FIELD SURVEY: 5-7-2018 DATE OF SIGNATURE: FILE NO.: 15.280 SECTION II Property Ownership, Legal Description Short Title and Statement of Unified Control 2.1 Property Ownership The subject property is currently under the ownership of Benderson Eo hin�-Properties, Inc. and WR-I Associates, LTD. 2.3 General Description of Property Physical Description The site is generally flat and naturally drains to the east and west. Access to the property will be via feaf five entrances, two on U.S. 41 and twa-three from Wiggins Pass Road. A Wetland Preserve Area, comprising 8.5 acres, is located along the western portion of the property. The flood elevation of the subject property is AE 11. Note: Language to be added is underlined. Language to be deleted is .,f,,,�t. September 2020 SECTION IV General Development Regulations 4.14 aiM All signage shall be in conformance with Pi: v sie 2. 54- the LDC except as provided in Section XI; and: • ; however-, Platted interior tracts are permitted two (2) ground signs at the tract entrance, not to exceed a total of one hundred and twenty (120) feet at each tract entrance. 4.16 Landscaping All landscaping shall be in conformance with division -2-.4 4.06 of the LDC except as provided in Section XI. Note: Language to be added is underlined. Language to be deleted is .,f,,,�t. 2 September 2020 SECTION V Permitted Uses and Dimensional Standards for Tracts A and B 5.6 Dimensional Requirements G. Minimum Landscaping Requirements As required by Division 274 4.06 of the LDC except as provided in Section XI. Note: Language to be added is underlined. Language to be deleted is .,f,,,�t. September 2020 SECTION VIII Transportation Requirements 8.2 The developer shall provide fright turn lanes on Wiggins Pass Road at the project's two epAr-,noes middle entrance and eastern access drive no later than 24 months after the Lawmetka Plaza PUDA (Application/Petition No. PL20190001489)is approved e f;ffi* St..,,,.W, o ro o s f em Wiggins Pass Read. The eastern most entrance shall be a right -in / right -out drive only. The western most entrance shall be limited to service vehicle and delivery vehicle use only and will be a full access drive. Collier County reserves the right to install, modify, or close medians in its sole discretion in the exercise of its police power based on road safely and capacity. Note: Language to be added is underlined. Language to be deleted is .,f,,,�t. M September 2020 SECTION XI Deviations 11.1 Deviation #1 seeks relief from LDC Section 5.06.04.F.3, "Directory Signs", which permits one directory sign at one entrance on each public street, to allow for three directory signs to be permitted, one at the entrance along US41, one at the eastern entrance along Wiggins Pass Road, and one at the intersection of Wiggins Pass Road and US41. 11.2 Deviation #2 seeks relief from LDC Section 4.06.02 CA. "Tvae D Buffer." which requires that developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20-feet in width regardless of the width of the right-of-way, to allow for a minimum 10-foot wide enhanced Type D Buffer in the portion of buffer on the south boundary along Wiggins Pass Road between U.S. 41 and the project's middle access drive. The buffer will consist of 1. One tree or palm equivalent spaced 25 feet on center in addition to the minimum number of trees required to meet the Type D buffer requirement. 2. Trees shall be a minimum height of 15 feet. 3. Shrubs shall be a minimum height of 30 inches. Note: Language to be added is underlined. Language to be deleted is .,f,,,�t. 5 September 2020 LANDSCAPE t BUFFER PER \ \ PUD 02-51 \ \ SECTION 6.3.F \ \ TARPON COVE P.U_Di------ k \\ -- — —----------- - ---------- -------- — -- �40' DRAINAGE \ EASEMENT I I \ 1 PARCEL C ACCESS POINT �/ D 1 � 1 TARPON COVE I 4.9 Ac P.U.D. 20' LANDSCAPE I I BUFFER II PARCEL D I I1 I 8.5 Ac 1 I I I P W 1A 6.4 AcII I 1 I 1 ��l �1 II ACCESS POINT I 1 J � ` ACCESS POINT LANDSCAPE 1 uriuTy ACCESS POINT I ACCESS POINT BUFFER PER EASEMENT I LDC I I SERVICE/DELIVERY I RIGHT IN I ACCESS ONLY I RIGHT OUT 10'LANDSCAPE I� PARCEL B I ' 1� BUFFER& • A,I 1 27Ac UJ_ t---- -- :_ — --- ----- T IR 0' "300' MIN .w. WIGGINS PASS ROAD — — TO ENTRANCE_ Kimley>>> Horn © 2017 Kimley-Horn and Associates, Inc. 1412 Jackson Street, Suite 2, Fort Myers, FL 33901 Phone: 239 271 2650 www.kimley-horn.com CA00000696 I II I II II I I I I II\ I I V Feet 0 130 260 TRACT USES HEIGHT - FT ACRES PARCELA MOTEL ORHOTEL/RETAIL OR OFFICE 50 16.4+ PARCELB RETAIL OR OFFICE 35 2.7± PARCELC RETAIL OR OFFICE 35 4.9± PARCEL D PRESERVATION/WATER MANAGEMENT* N/A 8 5+ ROAD 1 1.5± 34.0± Legend Deviations Deviations 10 Directory Signs ©Landscape Buffers NOTES: `NO VEGETATION SHALL BE REMOVED TO FACILITATE WATER MANAGEMENT IN PARCEL D "SUBJECT TO THE APPROVAL OF THE TRANSPORTATION SERVICES DEPARTMENT 'DEVIATION 2APPLIES FROM THE INTERSECTION OF U.S.41 AND WIGGINS PASS ROAD TO THE MIDDLE ACCESS POINT INTERNAL ACCESS CONCEPTUAL PLAN TAKEN FROM LAWMETKA PLAZA P.U.D. MASTER PLAN EXHIBITA. REVISED 02/14/2020 LAWMETKA PLAZA P.U.D. MASTER PLAN Project No.: 048649064 I JUNE 2020 EXHIBITA ORDINANCE NO. 02- 51 20 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, AMENDING THE OFFICIAL ZONING ATLAS MAP N FLORIDA BY NUMBERED 8516N BY CHANGING THE ZONING o`er �� CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT &9t DEVELOPMENT KNOWN AS LAWMETKA PLAZA PUD FOR eZ1'�o� PROPERTY LOCATED ON THE NORTHWEST CORNER OF WIGGINS PASS ROAD (C.R. 888) AND U.S. 41, IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 34+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBERS 99-4 AND 90-26 RESPECTIVELY, THE FORMER LAMETKA PLAZA PUD(s); AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, of Hole Montes, Inc., representing Benderson Development Company, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. ,.., NOW, THEREFORE, BE IT ORDAINED by the Board of County Comrfiissioneksz of,-Cojlier County, Florida, that: <: — SECTION ONE: �' _. • :� The zoning classification of the herein described real property locat§0-'' in -Section 16, ram.. Township 48 South, Range 25 East, Collier County, Florida, is changed fromi"flJD" to "PUD" Planned Unit Development in accordance with the Lawmetka Plaza PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8516N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 99-4 and Ordinance Number 90-26, both known as the Lawmetaka Plaza PUD, adopted on January 26, 1999 and March 27, 1990, repsectively, are hereby repealed in their entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, • �Wrtda . is, j�rLjr, day of , 2002. BOARD OF COUNTY COMMISSIONERS COLLIER COU`NTX, FLOR A JAME A AN D E. BROCK, �J, eft as to Choi► Un's Approved as to Form signature only. This ordinance filed with the and Legal Sufficiency Secretary of State's Office the ZWG-ddy of CD CV--, and acknowledgement of that filin received this c�day Marjorie . Student ofCQC.Z". zc�ez Assistant County Attorney By Dep�ry Cgerk PU DZ-2002-AR-2098/RB/lo LAWMETKA PLAZA A PLANNED UNIT DEVELOPMENT EXHIBIT A Prepared for: BENDERSON DEVELOPMENT COMPANY 8441 Cooper Creek Blvd. University Park, FL 34201 Prepared by: HOLE MONTES, INC. 950 Encore Way Naples, Florida 34110 And YOUNG, VANASSENDERP, VARNADOE, AND ANDERSON, P.A. 801 Laurel Oak Drive, Ste. 300 Naples, Florida 34108 October, 1998 REVISED AUGUST, 2002 HMA File No. 2001.126 Date Reviewed by CCPC: Date Approved by BCC: t o /o 8/ o 2 Ordinance No. 2 0 0 2 - 51 Amendments & Repeals 9 0- 2 6 and 9 9- 4 FAPUD Documents\Lawmetka5.doc TABLE OF CONTENTS Page SECTION I - Statement of Compliance....................................................................................................I SECTION II - Property Ownership, Legal Description Short Title and Statement of Unified Control.....................................................................................2 SECTION III - Statement of Intent and Project Description....................................................................3 SECTION IV - General Development Regulations..................................................................................4 SECTION V - Permitted Uses and Dimensional Standards for Tracts A and B......................................8 SECTION VI — Permitted Uses and Dimensional Standards for Tract C...............................................12 SECTION VII- Environmental Standards...............................................................................................15 SECTION VIII- Transportation Requirements.......................................................................................17 SECTION IX - Utility and Engineering Requirements...........................................................................18 SECTION X - Water Management Requirements..................................................................................19 EXHIBITS Exhibit A - PUD Master Plan Exhibit B — Legal Description FAPUD DocumentsTawmetka5.doc SECTION I Statement of Compliance The development of approximately thirty-four (34) acres of property in Collier County, as a Planned Unit Development, to be known as Lawmetka Plaza, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The commercial uses of Lawmetka Plaza will be consistent with growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The subject property is located in an area identified as an Activity Center on the Future Land Use Map of the Collier County Growth Management Plan. 2. Activity Centers are the preferred locations for the concentration of commercial and mixed use development activities. 3. The subject tract is located on the northwest corner of the intersection of U.S. 41 and Wiggins Pass Road. This strategic location allows the site superior access for the placement of commercial activities. 4. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 5. The project will be served by a complete range of services and utilities as approved by the County. 6. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 7. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.11 and L of the Future Land Use Element. 8. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub -Element of the Public Facilities Element. 9. All final Local Development Orders for this project are subject to Division 3-15, Adequate Public Facilities of the Land Development Code. -1— FAPUD Documents\Lawmetka5.doc SECTION 11 Property Ownership, Legal Description Short Title and Statement of Unified Control 2.1 Property Ownership The subject property is currently under the ownership of Benderson Development Company. 2.2 Legal Description All that part of the southeast `/4 of the northeast t/4 of Section 16, Township 48 South, Range 25 East, Collier County, Florida. 2.3 General Description of Property The subject property is located on the northwest corner of Wiggins Pass Road and U.S. 41. The zoning of the subject property prior to the application of rezoning is PUD. Physical Description The site is generally flat and naturally drains to the east and west. Access to the property will be via four entrances, two on U.S. 41 and two from Wiggins Pass Road. A Wetland Preserve Area, comprising 8.5 acres, is located along the western portion of the property. The flood elevation of the subject property is A.E. 11. Short Title This ordinance shall be known and cited as the "Lawmetka Plaza Planned Unit Development Ordinance". 2.4 Statement of Unified Control This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD Zoning on the subject property. Development of this Planned Unit Development will occur in accordance with the Planned Unit Development regulations contained herein and any conditions approved with the rezone petition as described and agreed to within the PUD Ordinance. -2— FAPUD DocumentsTawmetka5.doc SECTION III Statement of Intent and Project Description 3.1 Introduction It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in the Collier County Land Development Code (LDC) that will permit approximately thirty-four (34) acres of retail, office, hotel/motel use, including 8.5 acres of Preservation Area for the subject property. The purpose of this Document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 Project Description It is the intent of this project to create an integrated commercial development with a compatible mixture of commercial land uses and open spaces. The developer, who has unified control over the subject property, intends to commence development of a mixed use activity center Planned Unit Development (PUD). It is the intent of the developer to develop architecturally unified commercial establishments based on the concept of arrangement and unified management control. The unified development approval under the PUD district designation will ensure that the shopping center is aesthetically pleasing and functionally efficient. It will allow an efficient pattern of internal circulation to be established and limited points of vehicular ingress and egress. These functional and aesthetic advantages, which cannot be provided in conventional strip commercial development configurations, have been maximized and shall be sustained in the approval of this Planned Unit Development. 3.3 Land Use Plan and Project Phasing A. The PUD Master Plan contains a total of three (3) tracts consisting of development areas A, B, and C and one Tract D consisting of an Upland and Wetland Preserve Area in addition to street right-of-way. The Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More detailed plans will be submitted at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this Document. B. The anticipated time of build -out of the project is approximately five (5) years from the time of issuance of the first building permit. -3— FAPUD Documents\Lawmetka5.doc SECTION IV General Development Regulations The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the Lawmetka Plaza Planned Unit Development and Master Plan. 4.1 General The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the Lawmetka Plaza PUD shall be in accordance with the contents of this Document, the PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Lawmetka Plaza PUD shall become part of the regulations which govern the manner in which this site may be developed. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the LDC. E. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this Document in effect at the time of construction plan approval. 4.3 Easements for Utilities Easements, where required, shall be provided for water management areas, utilities and other -4— FAPUD Documents\Lawmetka5.doc purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. 4.4 Amendments to the Ordinance The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this Ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC in effect at the time such amendment may be requested. 4.5 Project Plan Approval Requirements Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the final subdivision plat, when required by the Subdivision Regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development orders, the provisions of Section 3.3, Site Development Plans shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. 4.6 Provision for Off -site Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, off -site disposal is also hereby permitted subject to the following conditions: -5— FAPUD Documents\Lawmetka5.doc A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby off -site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. B. A timetable to facilitate said removal shall be submitted to the Development Services Manager for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. 4.7 Sunset and Monitoring Provisions Lawmetka Plaza PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. 4.8 Polling Places Any community recreation/public building/public room or similar common facility located within the Lawmetka Plaza PUD may be used for a polling place, if determined necessary by the Board of County Commissioners upon recommendation of the Supervisor of Elections in accordance with Section 3.2.8.3.14 of the LDC. 4.9 Native Vegetation The project will meet the native vegetation requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property. 4.10 Open Space Open space may be in the form of landscaping, additional buffers, passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet or exceed the open space requirements of Subsection. 2.6.32.3 of the LDC, which requires a minimum of thirty (30) percent for commercial developments. A majority of the open space area for the project is provided in the 8.5 acre Preserve Area, Parcel D. 4.11 Archaeological Resources The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event that they are contained on the property. M 4.12 Common Area Maintenance Common Area Maintenance, including the maintenance of common facilities, open spaces, and water management facilities shall be the responsibility of a homeowners' association to be established by the developer. 4.13 Architectural and Site Design Standards All development within the Lawmetka Plaza PUD shall be subject to Division 2.8 of the LDC and architectural considerations shall be unified for each tract including building design, landscaping, and signage. However, as an alternative to the requirement of Section 2.8.3.1.4(b) of the LDC, parking for corner lots that require a specified percentage of the required parking to be located behind the entire commercial building or project, this requirement shall be waived if the U.S. 41 and Wiggins Pass street frontages are developed with out parcels along the entirety of these street frontages or where there are gaps between out parcels, a type "B" buffer shall be provided along the street frontage to screen proposed parking areas from view. The north wall of any structure, including walls and building facades on Parcel C, shall at a minimum be stuccoed and painted, or otherwise be an architecturally finished opaque masonry wall, however, no north wall shall be painted concrete block as its final finish. The development of the first tract will set the standards for other development areas, unless architectural guidelines are established in advance of development of the first tract in the form of deed restrictions or other measures acceptable to Collier County. 4.14 Signs All signage shall be in conformance with Division 2.5 of the LDC; however, platted interior tracts are permitted two (2) ground signs at the tract entrance, not to exceed a total of one hundred and twenty (120) feet at each tract entrance. 4.15 Parking All development shall be subject to Division 2.3 of the LDC, Off -Street Parking and Loading. 4.16 Landscaping All landscaping shall be in conformance with Division 2.4 of the LDC. 4.17 Utility Areas Utility areas, including trash receptacles, shall be completely screened from the view of customers and adjacent property owners to a height of 6 feet above finished grade. -7— FAPUD DocumentsTawmetka5.doc SECTION V Permitted Uses and Dimensional Standards for Tracts A and B 5.1 Purpose The purpose of this Section is to identify permitted uses and development standards for Tracts A and B within the Lawmetka Plaza PUD designated for commercial development on the PUD Master Plan, Exhibit "A". 5.2 Development Intensity 1. A maximum of two hundred and seventy -thousand (270,000) square feet of floor area is allowed for permitted retail and office uses and all other uses on Lawmetka Plaza PUD Parcels A, B and C, or subdivisions thereof, with the exception of hotel and motel uses governed by the following standards. 2. Hotel/motel uses may be developed at twenty-six (26) dwelling units per acre on Tract A. In calculating the number of Hotel/Motel units, all or a portion of the Preservation Area on Parcel D may be utilized, however, the maximum number of hotel/motel units will not exceed one hundred and thirty (130) units. 5.3 General Description The PUD Master Plan designates the following uses for each tract designated on the PUD Master Plan. TRACT ACRES HEIGHT USE A 16.4 50' Retail, Office, Hotel/Motel B 2.7 35' Retail or Office C 4.9 35' Retail or Office' D 8.5 N.A. Preservation Area ROAD 1.5 N.A. Road TOTAL 34 ' Architectural embellishments are permitted above the height of thirty-five (35) feet to a maximum height of fifty (50) feet. ': Other uses are also permitted on Tract C. (See Section VI of this Ordinance.) The approximate acreage of commercial tracts is depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. All tracts are designed to accommodate internal F:\PUD Documents\Lawmetka5.doc roadways, open spaces, water management facilities, and other similar uses to support non- residential development of the subject property. 5.4 Permitted Principal Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted commercial and conditional uses allowed in the C-3, Commercial Intermediate District, in effect on the date of adoption of this Ordinance, excluding Homeless Shelters and Soup Kitchens. B. Permitted commercial and conditional uses in the C-4, General Commercial District in effect on the date of adoption of this Ordinance with the exception of the following uses: Bottle Clubs (all of group 5813, except bottle clubs); Fuel Dealers (groups 5983 — 5989); Automotive repair services, parking (groups 7514, 7515, 7521); Amusement and recreational services, outdoor (all groups); Homeless Shelters, Soup Kitchens, Justice, Public Order and Safety (groups 9222-9224); Communication Towers above height of 100 feet Mean Sea Level, subject to Section 2.2.6.35 of the LDC, Flea Markets, Recycling Activities except as may be required by the County, Outside Kennels, Tattoo or Massage Parlors, and Agricultural Services (groups 0711-0783). 5.5 Permitted Accessory Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, on land, in whole or part, for other than the following: A. Accessory uses and structures customarily associated with the above permitted commercial principal uses and structures. 5.6 Dimensional Reguirements A. Minimum Lot Area Twenty thousand (20,000) square feet B. Minimum Lot Width One hundred (100) square feet FAPUD Documents\Lawmetka5.doc C. Minimum Yard Requirements From project perimeter boundary lines — thirty-five (35) feet. From internal tract boundary lines — twenty (20) feet. 2. Distance between principal structures shall be a minimum of twenty-five (25) feet or one-half (1/2) the sum of the heights of the two buildings, whichever is greater. D. Minimum Floor Area of Principal Structure 1000 square feet per building on the ground floor, except that freestanding specialty structures of nationally recognized standard size less than 1000 square feet shall be permitted when site plan approval has been received. E. Maximum Height Fifty (50) feet above finished grade for Tract A and thirty-five (35) feet above finished grade for Tract B. F. Minimum Off -Street Parking and Off -Street Loading Requirements As required by Division 2.3 of the LDC. G. Minimum Landscaping Requirements As required by Division 2.4 of the LDC. H. Merchandise Storage and Display Unless specifically associated with a certain use, there shall be no outside storage or display of merchandise. I. Hotel/Motel Use Should hotel/motel uses develop on Tract A, such uses shall be subject to the requirements of Section 5.2, Development Intensity, of this Ordinance. J. Design Guidelines For all development tracts, the total maximum floor area for a single business establishment, either free-standing or located within a building with other establishments shall be sixty-five thousand (65,000) square feet of gross leaseable floor area. The development shall be designed so that glare from lighting shall not penetrate adjoining properties. All fixtures shall be designed such that the actual lighting element shall not be - 10— FAPUD Documents\Lawmetka5.doc visible from adjoining properties. All mechanical equipment shall be enclosed or shielded by a visual and noise absorbing barrier when placed on the north or west side of the structure to which it is attached including roof mounted mechanical equipment. For any use involving the placement of vehicles, including but not limited to parking lots, internal circulation areas, and loading areas, adjacent to buffers areas, a minimum of four (4) feet tall opaque vegetative hedge shall be installed to eliminate headlights shining into and across the buffer area. -11— FAPUD Documents\Lawmetka5.doc SECTION VI Permitted Uses and Dimensional Requirements for Tract C 6.1 PURPOSE The purpose of this Section is to set forth the permitted uses and land development regulations for Tract C designated on the PUD Master Plan, along with other permitted uses. 6.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: 1. Homes for the Aged 2. Hospices 3. Adult/child care centers 4. Convalescent centers 5. Nursing Homes 6. Rest homes 7. Sanitariums 8. Adult Congregate Living Facility 9. Retail or office uses as permitted by Section 5.4 of that Ordinance, excluding free- standing cocktail lounge B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the uses permitted in this District. C. Permitted Uses 1. No accessway between the northernmost principal building and the north property line shall permit any deliveries, shipping or stopping between 8 p.m. to 6 a.m., and the accessway shall be so posted. 6.3 DIMENSIONAL REQUIREMENTS A. Minimum Lot Area One (1) acre - 12— FAPUD DocumentsTawmetka5.doc B. Minimum Lot Width One hundred (100) feet C. Minimum Yard Requirements The following building setbacks shall apply: From eastern property line — thirty-five (35) feet. From northern property line — seventy (70) feet (inclusive of 40 foot Florida Department of Transportation drainage easement). From internal tract boundary lines — twenty (20) feet. 2. Distance between principal structures shall be a minimum of twenty-five (25) feet or one-half the sum of the heights of the two buildings, whichever is greater. D. Maximum Height Three stories not to exceed thirty five (35) feet, however, architectural embellishments may be extended above the thirty-five height limitation to a maximum height of fifty (50) feet. E. Minimum Off -Street Parking and Off -Street Loading Requirements As required by Division 2.3 of the LDC. F. Minimum Landscaping and Buffering Requirements 1. For the east, west, and south property lines as required by Division 2.4 of the LDC. 2. For the northern property line, the owner of Parcel C shall maintain a fifteen (15) foot landscape buffer as measured from the southern edge of the Florida Department of Transportation drainage easement. An architecturally finished opaque masonry wall a minimum of six (6) feet in height shall be installed within the buffer area and shall be located along the southern part of the buffer area. This buffer shall be installed as a required improvement for the first Site Development Plan within the PUD. To the greatest extent, practical the existing native vegetation shall be retained within the buffer area and the Florida Department of Transportation drainage easement, and where not practical within the buffer area, trees no more than twenty-five (25) feet on center or a hedge no more than four (4) feet on center, or a combination thereof shall be planted on the northern side of the wall. Any new trees shall be a minimum of eight (8) feet in height with a three (3) foot spread at the time of installation. Any hedge shall consist of a minimum of ten (10) gallon plants, five (5) feet in height with a three (3) foot spread at time of installation. Except to the extent of any conflict with the foregoing requirement, all of the Landscaping and Buffering requirements of Division 2.4 of the LDC shall also apply to Parcel C, in the event of a conflict -13— FAPUD Documents\Lawmetka5.doc between the Landscaping and Buffering requirements of this Section and those of the LDC, the more restrictive shall apply. G. Design Guidelines In accordance with the requirements of Section 5.0 of this Ordinance. -14— FAPUD Documents\Lawmetka5.doc SECTION VII Environmental Standards The purpose of this Section is to set forth the Environmental Standards of the project developer. 7.1 An 8.4 acre upland and wetland Preserve Area is located along the western portion of the subject property and is permitted to be used for open space and passive recreational use only. All preservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Subsection 3.2.8.4.7.3 of the LDC. 7.2 A Gopher Tortoise relocation plan shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. Any standards approved by the Environmental Staff shall be added to the site development plan or construction plans. Off -site relocation may be required if the applicant cannot provide adequate habitat for on -site relocation. 7.3 The petitioner shall be subject to the Collier County Growth Management Plan, Policy 12.1.3 contained in the Conservation and Coastal Management Element (discovery of a archaeological or historical site, artifact or other indicator of preservation). 7.4 Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning Environmental Staff. 7.5 Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.4 of the Collier County LDC. The Preserve Areas shall be generally provided for as depicted on the PUD Master Plan, Exhibit A. 7.6 An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the preservation area, shall be submitted to the Current Planning Environmental Review Staff for review and approval prior to Final Site Plan/Construction Approval. A schedule for exotic removal within all Preservation Areas shall be -submitted with the above - referenced plan. -15— FAPUD Documents\Lawmetka5.doc 7.7 The petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Conservation Commission (FGFWFCC) regarding potential impacts to protected wildlife species. Where protected, species are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Approval. - 16— FAPUD DocumentsTawmetka5.doc SECTION VIII Transportation Requirements The purpose of this Section is to set forth the transportation standards of the project developer. 8.1 Subject to Florida Department of Transportation approval, the developer shall provide left and right turn lanes on Tamiami Trail at both project entrances at the time of a certificate of occupancy for the first structure with access to US 41. Should any of the required turn lanes be constructed due to other development activity in the area prior to completion of this project, the developer shall provide a fair share reimbursement of the cost of such construction prior to final site plan approval. The Florida Department'of Transportation and Collier County Transportation Department each reserve the right to control median openings, both existing and future, and to limit access points to right turns in and right turns out. 8.2 The developer shall provide left and right turn lanes on Wiggins Pass Road at the project's two entrances at the time of the certificate of occupancy for the first structure requiring access from Wiggins Pass Road. 8.3 All road access points requiring turn lanes and use of existing right-of-way shall provide for compensating right-of-way dedication at the time of subdivision plat or site plan approval. 8.4 Existing drainage easements, future drainage easements, and planned preserve areas shall remain available to Collier County and Florida Department of Transportation for future roadway water management purposes subject to appropriate capacity controls and operating controls. The responsibility for maintenance of such areas shall remain with the developer/owner and/or its assignees. 8.5 The northern access on Tamiami Trail shall be in alignment with Old U.S. 41 (CR 887). The developer shall be responsible for any and all costs incurred in modifying the traffic signal installation at Old U.S. 41 so as to accommodate the project. 8.6 The road impact fees shall be in accordance with the fee structure set forth in Ordinance 2001-13 or as may be amended and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. 8.7 All required access improvements shall be in place before any certificates of occupancy are issued and shall not be subject to impact fee credits. 8.8 All traffic control devices used shall conform to requirements of the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. 8.9 Internal roadways shall be public or private at the option of the developer. - 17— FAPUD Documents\Lawmetka5.doc SECTION IX Utility and Engineering Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the project developer 9.1 Utilities A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations.' B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off -site sewer facilities are available to serve the project. C. Prior to approval of construction documents by the County, the developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the developer to provide sewer service to the project until the County can provide these services through its sewer facilities. D. The utility construction documents for the project's sewerage system shall contain the design and construction of an onsite force main, which will ultimately connect the project to the future central sewerage facilities of Collier County. The force main must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage, when connection to the County's central sewer facilities becomes available. E. Prior to or at the time of submission of construction plans and final plat for the project, the potable water supply from the Collier County Water -Sewer District to serve this project shall be installed adjacent to the property and be in service. 9.2 Engineering A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are approved by the Development Services Department. B. Design and construction of all improvements shall be in compliance with the appropriate provisions of the Collier County LDC. -18— FAPUD Documents\Lawmetka5.doc SECTION X Water Management Requirements The purpose of this Section is to set forth the water management commitments of the project developer. 10.1 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines as long as the side, rear or abutting property lines are fenced. 10.2 Landscaping may be placed within the water management area in compliance with the criteria established within Section 2.4.7.3 of the LDC. 10.3 The wet season water table elevation shall be established at the time of South Florida Water Management District permitting, which is required for the subject property. 10.4 One half (1/2) inch of dry pretreatment shall precede the discharge of any stormwater into the preservation area or whatever alternate conditions may be incorporated into the South Florida Water Management District permitting requirements. 10.5 The stormwater system shall be reviewed and approved by Collier County Public Works Engineering Department (PWED) in order to verify its consistency with the Wiggins Pass Outfall Project now being designed by PWED. W:\2001\2001126\RID\PUD-ORIGINAL 08-2002.doc -19— F:\PUD Documents\Lawmetka5.doc TAwal Cow c ((( p1m TAWW O01f! pim W WAKOA t 1 PARCEL C All4.9A*t1 l�ttl PARCEL. D e.s Ac Nor {1 1 PARCEL A 1 I 16.4 Ac 1 } I ua PARCEL 0 2.7 Ac 1.... — — V w � 1N= PASS ROAD'w wr 1--- —.4 1{ �I CN) Sma 1' - W MACE Ulm d©cHT—FT. SUES PARCEL A MOTEJ. OR SO IL4 Ack RETAL OR flF� PARCEL 8 RETAIL OR OFFICE 35 2.7 Acf PARCEL. C RETAIL OR OFFICE 35 41 Act PARCB. 0 PRESFAYA'i�N/ NA 6,S Act WATER IAANA6F�1►IE U + ROM 1.5 At* 34.0 M07ES: • NO VEGETATION SHALL BE REMOVED TO FACIUTATE WATER MANAGEMENT IN TRACT D. ++ SUBJECT TO THE APPROVAL OF THE TRANSPORTATION SERVICES DEPARTMENT. INV MAL ACCESS CONCEPTUAL 1�w M W �, �= & � in LAWMETKA PLAZA 9� SK122998 �r DA� H• o GROWA- W>,uRVEYOM P.U.D. MASTER PLAN P,m,, mck I"=m uo aw mut 715 10th Ures) S. mptss. FL 34102 - Rome : (94t) n2-4617 EXHIBIT A 198.112 1 OF 1 �. . LEGAL DESCRIPTION All that part of the southeast '/4 of the northeast '/4 of Section 16, Township 48 South, Range 25 East, Collier County, Florida., _ STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2002-51 Which was adopted by the Board of County Commissioners on the 8th day of October, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this lath day of October, 2002. DWIGHT E . BROCK Clerk of Courts and Clerk -�"``x•; Ex-officio to Board of :- County Commissioners i r= yV By: Ellie Hoffman, Deputy Clerk RESOLUTION NO. 10 - 1 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-PL2009-1165, GRANTING A VARIANCE FROM SECTION 5.06.04.F.4 OF THE LAND DEVELOPMENT CODE, TO ALLOW TWO SIGNS PER UNIT IN A MULTI -OCCUPANCY PARCEL, WHICH SIGNS ARE LOCATED AT THE LAWMETKA PLAZA PUD ON THE NORTHWEST CORNER OF TAMIAMI TRAIL NORTH (US 41) AND WIGGINS PASS ROAD (CR 888), IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, Petitioner wishes to have two signs per unit on buildings due to the store fronts facing the interior of the property; and WHEREAS, without a variance, Petitioner is entitled to only one sign per unit, pursuant to § 5.06.04. F.4; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code; and WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice made, and all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered the advisability of granting these variances and all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The Board hereby approves a variance from LDC §5.06.04.F.4 to allow two signs per unit in a multi -occupancy parcel as depicted in Exhibit A, and subject to the conditions found in Exhibit B, as requested in Petition SV-PL2009-1165, filed by Bruce Anderson, Esquire of Roetzel & Andress, LPA, on behalf of the Petitioner, Benderson Properties, Inc., concerning the S v-PL2009-1165 Rev. 12129109 1 of 2 subject property located at the Lawmetka Plaza PUD on the northwest corner of Tamiami Trail North (US 41) and Wiggins Pass Road (CR 888), more particularly described as: all that part of the southeast %4 of the northeast '/4 of Section 16, Township 48 South, Range 25 East, Collier County, Florida. Exhibits A and B are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the text (including content and size) of the signs depicted in Exhibit A is not the subject of this variance. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- PL2009-1165 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this 2�o day of 2010. ATTEST: DWIGHT E. BROCK, Clerk By: AtUst as to (1re.1 ejuty lerk Approved as to form and legal sufficiency: k::�- 77 i.'.1 Steven T. Williams�ry�,�v Assistant County Attorney Attachments: Exhibit "A" — Site Plan Exhibit "B" — Conditions of Approval 09-CPS-00985/25 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ,- ' 1, , l') �� By: y.� FRED W. COYLE, Chairman SV PL2009-1165 Rev. 12129109 2 of2 SIGN VARIANCE REQUE5T IS FOR 51GNAGE ON SHADED AREAS SHOWN ON BUILDINGS 4 & 5. REAR TENANT SiGNAGE j ; I ;I 00 OD Ln o 1a � �a f L Ica z Zt 4t U.S. 41 12.8.09 EXHIBIT A CONDITION OF APPROVAL FOR SV-PL2009-1165 1. The additional wall signs are limited to Building 4 and 5 unit facades facing towards Tamiami Trail North (US 41) and Wiggins Pass Road (CR 888). 2. Awnings shall be installed in the center section of building facades Buildings 4 and 5 where the spandrel glass is located. EXHIBIT B INSTR 5324605 OR 5325 PG 283 RECORDED 10/19/2016 1:27 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $44.00 INDX $1.00 This instrument prepared by: Kevin M. Kinney, Counsel Benderson Development Company, LLC 7978 Cooper Creek Blvd., Suite 100 University Park, FL 34201 WARRANTY DEED THIS WARRANTY DEED made this 9_�il_t day of �% k(- _, 2016, by BENDERSON PROPERTIES, INC. f/k/a Benderson Dev lopment Company, Inc., a New York corporation and WR-I ASSOCIATES, LTD., a Florida limited partnership, each of whose post office address is 7978 Cooper Creek Blvd., Suite 100, University Park, Florida 34201,(hereinafter referred to as "Grantor") to COLLIER COUNTY, a political subdivision of the State of Florida, whose post office address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever used herein "Grantee" include all the parties to this instrument and their or five heirs, le�g�,resentatives, successors and ,. assigns. Grantor and Grange e used for singular o lural, as the context requires.) WITNESSETH. That the,_Qrpnt fob �d rq ucon idpration of the sum of Ten 771 Dollars ($10.00) and they ia1Sbe toile�tir =receipt whereof is hereby �:. !0 6. acknowledged, hereby gr r tst� � barg i s,'s l al er er se releases, conveys and confirms unto the Grantees jafi tF a der tar iituat ;rf--,G per County, Florida, to wit: S ached Exhibit "A" ibl s rnco 6fat drier 1 y r ference. This property was not acquired by the Counfy�pursuant to a petition in eminent domain regarding said property and is not subject to the restrictions imposed by Section 73.013, Florida Statutes. Subject to easements, restrictions, and reservations of record. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO THE PROVISIONS OF RE8066T GN-NG..Q 2 -l7_� 6(S' I I I pei �9 O OR 5325 PG 284 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: (Signature) Kevin M. Kinne (Print Full Name) �A(A(�,o­­ ( Ignature) BENDERSON PROPERTIES, INC. By: ukk-- David H. Baldauf (Print Full Name) Vice President (Title) cva \A (�L\ Z�4 (Print Full Name) STATE OF FLORIDA COUNTY OF MANATEE The foregoing Warranty Doe �LljY��4� , 2016, by Dav4411 Inc., on behalf of the co OR _produced _ identity. (affix notarial seal) was acknowled, Qaldauf, as Vice a tt who_-----) --) �yY fyB r;aupJOMYcOMMISSI NMEINAW Ems:NA17,217 hk* d �(� ie me this day of flint of Benderson Properties, personally known to me _as proof of . ib�)z (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: Last Revised: 10/15/10 9 OR 5325 PG 285 WITNESSES: (Signature) Kevin M. Kinney (Print Full Name) Vnc\ � _ Manager (Signature) , �. ,� (Title) .� WR-I ASSOCIATES, LTD. By: BG The Village, LLC, Its General Partner By: - (Print Full Name) STATE OF FLORIDA COUNTY OF MANATEE The foregoing Warranty Ni 2016, by D general partner of WR-I As is personally (affix notarial seal) David H. Baldauf (Print Full Name) 11 4.,F of was acknowl _gedl bofOT da me this y I. Baldauf, as MMnaf BG the Village, LLC, the r ,tes, Ltd., on behacfsMhe limited partnership, who: KEVIN M. KINNEY r°'" ,` MY COMMISSION AEDISM EXPIRES: JAN 17, 2017 Row, 7:mph1stStable.!ally me OR produced r, as proof of identity. 1�&Jv vt�L" (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): My Commission Expires: Approved as to form and legality Assistant County Attorney�Z\ � 0.♦ Last Revised: 10/15/10 O iD K D I I GATEWAY SHOPPES G � O. R. BOOK 2658, PAGE 2456 r E_ 4� Z I � � S N88'29'21"E 525.00' 1� R POS RIGHT OF WAY DEDICATIQN 1 S88°29'21"W 525 °' N R{tiillGHT°FwnvuNE POINT OF COMMENCEMENT . Wic Gl i GAD I EAST QUARTER CORNER L2 J I SECTION 16. T48S, R25E POINT OF BEGINNING i 7 3 A=NEST OITRfN F: „ ._ �''` ,, .. S88°29'21"W 266.93' GATEWAY SHOPP 0V t j WIGGINS PASS ROAD (C RFvf 0. 888 I 80 O 40 80 160 PROPOSED RIGHT OF WAYS ICATjo14 SCALE: 1" = 80' DESCRIPTION A TWELVE (12) FOOT WIDE STRIP OF LAND LYING IN THE OOQx Fk,(SE /} O el,THE NQ[2TF1 T ONE -QUARTER SKETCH OFDESCR�I/PTION (NE '/.) OF SECTION 16, TOWNSHIP 48 SOUTH. RANGE 25 EAST, COLLIER OUt iY FLOM,, 1, BF MW PARTICULAR( Yl °j LXX TABLE NOT A SURVE 1 DESCRIBED AS FOLLOWS: -LINE COMMENCING AT THE EAST ONE -QUARTER (E X..) CORNER OF SAID SECTION 16 ,f2 1 SgW2921^W ALON,9 THE EAST 4 4T " 17]ON DISTANCE QUARTER LINE OF SAID SECTION 16 FOR A DISTANCE OF 266.93 FEET; ;,N ,,,,�' LINE BEARING R1 HT OF WAY LIN aF WI G NS;ASS COASTAL eN l�NEEf ZING CONSU\}TANTS^ INC. FLORIDA BUSft o AUTHO NO. LB 2464 THENCE LEAVING SAID LINE N01'30'39"W A DISTANCE OF 70.18 FEET TO THE NORTHERLY OF THE L1 N01'30'39"W 70.18' ROAD (C.R. NO. 888). ALSO BEING THE SOUTHERLY LINE OF THOSE LANDS DESCRIBED IN D.R`BQQK 2658, AG 2458 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE POINT OF BEGINNING; °30'39"W RICHARD RD J. EWING, VP - L2 N01 THENCE ALONG SAID RIGHT OF WAY LINE S68°29'21"W A DISTANCE OF 525,00 FEET, 12.00' PROFESSIONAL SL'RVE'fOr AND MAPPER N 5 FLORIDA CERTIRCATE 295 THENCE LEAVING SAID LINE N01'30'39"W A DISTANCE OF 12.00 FEET; L3 SO °30'39"E 12.00' NOT VALID WITHOUT THE SIGNATURE AND THENCE N88°29'21"E A DISTANCE OF 525.00 FEET; THE ORIGINAL RAISED SEAL OF A FLORIDA THENCE S01°30'39"E A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING; LICENSED SURVEYOR AND MAPPER DATE OF FIELD SURVEY: NIA THE ABOVE DESCRIBES APPROXIMATELY 6,300 SQUARE FEET OF LAND. DATE OF SIGNATURE: - COASTAL CIVIL ENGINEERING SURVEY&MAPPING ENGINEERING CLIENT BENDERSON DEVELOPMENT COMPANY, LLC ATE 011=166C'A" P=60' NIA — -- RAVM. DAR P-a' a COASTAL ENGINEERING CONSULTANTS ENVIRONMENTAL — nne ECKEO RJE NIA . f INC. PLANNING SERVICES SKETCH OF DESCRIPTION OFA WIGGINS PASS ROAD RIGHT OF WAY DEDICATION EC. aN0 A CEGGROUPC AN✓ - n�m FBI.. sm. 19r1 PHONE. (230)6g3-2324 s SITUATED IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CAD NO. 16 465 25E 75280 _ FAX' (239�G3-1143 vrvnv 3105 SOUTH HORSESHOE DRIVE waslalen9e1oa4n9.com Er. NO. 15280-SKETCH er REVISION OE6CRIPTION NAPLES. FLORIDA 34104 E-mail. nfopOeciA.can .N *** OR 5325 PG 287 *** COASTAL ENGINEERING CONSULTANTS INC 'f CPCI GROUP C 0,t,IPAAVI' CECI Group Services Civil Engineering Planning Services Survey & Mapping Coastal Engineering Environmental Services Website: www.coastalengineering.com GATEWAY SHOPPES WIGGINS PASS ROAD (C.R. NO. 888) PROPOSED RIGHT OF WAY DEDICATION DESCRIPTION A TWELEVE (12) FOOT WIDE STRIP OF LAND LYING IN THE SOUTHEAST ONE - QUARTER (SE '/,) OF THE NORTHEAST ONE -QUARTER (NE '/<) OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER (E '''A) CORNER OF SAID SECTION 16, RUN S88029'21"W ALONG THE EAST -WEST QUARTER LINE OF SAID SECTION 16 FOR A DISTANCE OF 266.93 FEET; THENCE LEAVING SAID LINE NO1°30'391'Ww DISTANCE OF 70.18 FEET TO THE NORTHERLY RIGHT OF WAY LIN IVCiiTli?ASS ROAD (C.R. NO. 888), ALSO BEING THE SOUTHERLY IN �0PiE�RIBED IN O.R. BOOK 2658, PAGE 2458 OF THE PU13L'IC �ORDS OF COLLIiR'166QNTY, FLORIDA AND THE POINT OF BEGINNINQ THENCE ALONG 525.00 FEET'-,"' THENCE LEAVIN THENCE N6'29' THENCE S61JR3.0 THE ABOVE A TELY 6,3 COASTAL ENGINE CQNI &ULTANTS, INC. FLORIDANUSINF,8' A, T A I NO. LB 2 I RICHARD J. EWING,,jV.P. PROFESSIONAL SUP VEYOR AND MAPPER FLORIDA CERTIFICATE NO.5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO.15.280 DATE OF SIGNATURE: `' -> %%,• NE S88�292V'W A DISTANCE OF DCE?F 12.00 FEET; ER 12 ( EEIIJJ THE POINT OF s UARvi3 s OF LAND. 3106 So. Horseshoe Drive. Naples. Florida 34104' Phone (239) 643-2324 Fax (239) 643-1143' E-mail: info!(cecitl.coin SOWING ING CO. I STAL COt- MUNMES ShV T 1977