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HEX Agenda 08/12/2021COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 August 12, 2021 9: 00 AM Andrew W. J. Dickman, Esq., AICP Hearing Examiner Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing Examiner. Persons Wishing to have written or graphic materials included in the hearing report packets must have that material submitted to County staff at Thomas. ClarkekCollierCountyFL.gov 10 days prior to the Hearing. All materials used during presentation at the hearing will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County Commissioners. Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an electronic copy of the decision may supply their email address. Collier County Hearing Examiner Page I Printed 712912021 August 2021 Pledge of Allegiance Review of Agenda 3. Advertised Public Hearing A. PETITION NO. RPUD PDI - PL20200002165, RPUD PDI Rockedge - Request for an insubstantial change to Ordinance No. 16-03, the Rockedge Residential Planned Unit Development (RPUD), Ordinance No.16-03, as amended, to amend Exhibit F, Transportation Commitment "A" to allow for a payment -in -lieu option for the future construction of the required Collier Area Transit (CAT) bus stop with shelter. The property is located near the northeast corner of the intersection of Sabal Palm Road and Collier Boulevard in Section 23, Township 50 South, Range 26 East, Collier County, Florida, consisting of 106.44+/- acres. [Coordinator: Nancy Gundlach, AICP, PLA, Principal Planner] Commission District 1. B. PETITION NO. CU- PL20200001823, South Florida Gas- Request for approval of a Conditional Use to allow a liquid propane storage and distribution facility pursuant to Section 2.03.04.A.1.c.23 of the Collier County Land Development Code on a 0.92f acre property located on the east side of Recycling Way approximately 0.4 miles north of Tamiami Trail East (US 41) in Section 18, Township 51 South, Range 27 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner) Commission District 1 C. PETITION NO. VA-PL20190001140, Charleston Square Condominium - Request for a variance from Section 5.03.02.C.2.a of the Land Development Code to increase the maximum rear yard wall height on a residential Planned Unit Development lot greater than 1 acre from 6 feet to ±18.33 feet, to allow for a 10-foot wall to replace an 8-foot wall destroyed by Hurricane Irma that was constructed on an 8.33-foot berm along the northern property line of Parcel "A", Charleston Square, located to the north of the Imperial Golf Course Boulevard and Charleston Square Drive intersection, within the f98-acre Imperial West Planned Unit Development, in Section 15, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 2 D. PETITION NO. PDI-PL20210000379, Baumgarten PUD Founder's Request for an insubstantial change to Ordinance No. 19-11, as amended, the Baumgarten Mixed Use Planned Unit Development (MPUD), Exhibit B, Section I, Mixed -Use Development Standards, by decreasing the required minimum yard setback from the Eastern Project Boundary from 50 feet to 25 feet, removing the applicable provision that any building exceeding 50 feet in height shall increase its setback by one foot for each one feet exceeding 50 feet of zoned height from the eastern PUD boundary, and limiting the maximum height of principal structures within 50 feet of the Eastern Project Boundary to 35 feet zoned height and 45 feet actual height, located at the southeast quadrant of Immokalee Road (CR 846) and Collier Boulevard (CR 951) in Section 26, Township 48 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 5 4. Other Business 5. Public Comments Collier County Hearing Examiner Page 2 Printed 712912021 August 2021 6. Adjourn Collier County Hearing Examiner Page 3 Printed 712912021 3.A 08/12/2021 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Item Summary: PETITION NO. RPUD PDI - PL20200002165, RPUD PDI Rockedge - Request for an insubstantial change to Ordinance No. 16-03, the Rockedge Residential Planned Unit Development (RPUD), Ordinance No. 16-03, as amended, to amend Exhibit F, Transportation Commitment "A" to allow for a payment -in -lieu option for the future construction of the required Collier Area Transit (CAT) bus stop with shelter. The property is located near the northeast corner of the intersection of Sabal Palm Road and Collier Boulevard in Section 23, Township 50 South, Range 26 East, Collier County, Florida, consisting of 106.44+/- acres. [Coordinator: Nancy Gundlach, AICP, PLA, Principal Planner] Commission District 1. Meeting Date: 08/12/2021 Prepared by: Title: Planner, Principal — Zoning Name: Nancy Gundlach 07/23/2021 11:46 AM Submitted by: Title: — Zoning Name: Mike Bosi 07/23/2021 11:46 AM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Hearing Examiner (GMD Approvers) Diane Lynch Review Item Zoning Nancy Gundlach Zoning Director Review Zoning Ray Bellows Review Item Zoning Mike Bosi Review Item Hearing Examiner Andrew Dickman Meeting Pending Review Item Completed Completed 07/23/2021 4:33 PM Skipped 07/23/2021 11:50 AM Completed 07/26/2021 9:09 AM Completed 07/26/2021 11:12 AM 08/12/2021 9:00 AM Packet Pg. 4 3.A.a Coder County STAFF REPORT TO: HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: AUGUST 12, 2021 SUBJECT: PDI-PL20200002165, ROCKEDGE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) APPLICANT: Forestar (USA) Real Estate Group, Inc. 4042 Park Oaks Blvd., Suite 200 Tampa, FL 33610 REQUESTED ACTION: AGENT: Mr. Kenrick S. Gallander, AICP RWA, Inc. 6610 Willow Park Drive Naples, FL 34109 The petitioner requests that the Hearing Examiner approve an insubstantial change to Ordinance Number 16-03, the Rockedge Planned Unit Development to amend PUD Exhibit F, Transportation Commitment "A" to allow for a payment in lieu option for a future construction of a required Collier Area Transit (CAT) bus stop with shelter. GEOGRAPHIC LOCATION: The subject 106.44f acre property is located near the northeast corner of the intersection of Sabal Palm Road and Collier Boulevard in Section 23, Township 50 South, Range 26 East, Collier County, Florida. (See Location Map on page 2.) Page 1 of 9 Rockedge RPUD, PDI-PL20200002165 July 22, 2021 Packet Pg. 5 (lad andU 8613843011 `594Z000OZOZ-ld : 6L9LO 6Z-ZZ-L a6pa3oou-podall }}e;g quempeliv ■i it � _ I WIN _ ■ °f1 ■ F = I t} O ' C6 J Ell,• a. Page 2 of 9 •0 N LO 0 0 0 0 N O N J z D Q� CL CL co C 0 U J 1 CD CL m a Rockedge RPUD, PDI-PL20200002165 July 22, 2021 3.A.a - , JOHN'$ ROAD ZONING: TTRwc CURRENT LAND 4SE: RV PARK I 1 I 1 5� I PROPERTY BOUNDARY 15r TYPE I 20' I I I "B' BUFFER A - AGRICU AGRICULTURAL LME I (SCATTERED SkJCILE FAMILY RESILTENiIALi I 28' AMITY I RJD ESMT. & 5' DRAINAGE SWAL€ ESMT. 1 I`+ MAltJT.AGREEMENT I &MAINT.AGREEMENTO.R I Cti OR 282fi PG. 2485 2826 PG. 248S { n i' ----- -- k—�1 R I ' 15-TYPE 'DSBUFFER m �!3•I-+ "Lyr86FFERPRFVATERI[;NTUPWAY--+L I I R 9 i I II � B" SUFFER I Lu I C 41 I ZGNING:A - A RICLILTURE CURRENT LAND USE: SINGLE FAMILY II III I I RESIDENTIAL, VACANT LAND I 1 I�F 1S• TYPE -B" u i I Ilal I BUFFER PROPERTY BOUNDARY I I I + I R 15' TYPE •8'BUFFER I 170' FPL I ASEMENTI NO�sUFIER--- I PG. 1765 BOuNOAARRY I __Y I I i LMEZONING: 14: V!, A -AGRICULTURE CURRENT LAND USE: SINGLE FAMILY 1 I RI RESIDENTIA(, VACANT LAND I� t I -I E I R I I 10' TYPE "A' BUFFER I I _TO' TYPE 15'tyPE i I -A"BUFFER -B-SOFFER I S. Iry �PCTENTIAbBVFPER L FUTURE I I f INTEAC4NNECTION I 30' IRAV I ZONING: A -AGRICULTURAL P.R.321 PG. 259_�, CURRENT LAND USE: NURSERY ESMT. T6 REMAIN 4 I II I I I —PROPERTY UOUNDARY ` TONING: A - AGRICU LTU RALIM ELROSE RDW I CURRENT LAND USE: NURSERY L I I Sh&4L PALM. ROAJ1 I E ZONING: PUD.MNETINGCYPRESS I CURRENT LANC USE: RESIDENTIAL, VERONA WALK LEGEND R RESIDENTIAL RA RECREATIONAL AREA P PRESERVE TRAFFIC FLOW PATTERN l i l II II WATER MCMTL"E. ®�� ARCHEOLIXICAL AREA P• q PRESERVEiCONSERVATION G� :_ J EASEMENT AREA Ij nONDARYMARKER LAND USE SUMMARY TRACT LAND USE ACRES TRACT'R' RESIDENTIAL 56.12t TRACT'RA" RECREATIONAL AREA $,31J; 'CT 1• iAALAKE) WATER 9.303 NAISWENTAREA RIDHT CF WAYI 12A9+ ACCFSS DRIVE TRACT'R' PRESERVEAREA 21.20t TOTAL AREA I D6.44f MAXIMUM DENSITY: 266 RESIDENTIAL DWEWNO UNITS 160 0"ULI G UNITS C MvED FROM BASE DENSITY, 1 N FPJDM TDR's RPUD MASTER PLAN NOTES: 1. WITHIN THE RPUD BOUNDARIES THERE WILLBEA MINIMUM OF 60% OPEN $PACE. 2 THE FACILRFES AND IMPROVDAENTS SHOWN ON THIS PUD MASTER PLAN SHALL 6E01450 RED LONLEPTuAL IN NATURE. B. THE DESIGN, LOCATION. AND CONFIOULATIOH OF THE "D IMPROVEMENTS SHALL RE MANED AT EITHER PRELIMREARY SUBDINSICMJ PUTT APPROVAL, OR CONSTRUCTION PLAINS AND PLAT APPROVAL. A. REQUIRED PRESERVE: 2129AC. r25%OF THE 85,17 AC OF E%ISTING NATIVE VEGETATION. PRESERVE PROVIDED: 7A26 A4., S. BICYCLE PEDESTRIA" CONNECTICINIS) TO THE MULTI -USE PATH ALONG COILERBLv6 MAY N PAOvIDED tit TIME OF PPL OR SOP. 6, MINIMUM LANDSCAPE BUFFERING REQUIPEMENTS MAY R MET wilt EMPNG PAESERYE. YUHERE THE PFLLSERVE DOES NOT MEETTIIE MINIMUM L4NDSCAFE BUFFERING REQUIREMENTS, PLANTING TO MEETTHESE A)EQUREMENTS SHALL BE REQUIRED. w'FEBOZD "'E"' D.R. HORTON, INC. ENGINEERING EiLP TITLL ROCKEDGE RPU6 MASTER PLAN RWJ1 d610 VlflhrrPrk Ixnr, Suitr l:w HaPlr; Florida 3a10412891 597-0675 iA1h fZ39] 597-L6Fa 23 505 26E PROJECT 12M30.[I, NUMBER: SHEET T 2 HUMBEIC of FILE 12003002U2 MCP NUMBER. FWd.fC.9.aNsal Autlwnxallm M 7662 LB 6B62 rvbn.a ll mm rlE nu le11u1n1m¢f+ni�IS.i..y.,tiT•^odMW .LnPw�.iumuertlouli u[vme Page 3 of 9 Rockedge RPUD, PDI-PL20200002165 July 22, 2021 Packet Pg. 7 3.A.a ZONING: PUD. Cf, I IFR REGI9N AL ZONING:MPUD, HACIENDA LAKES MEDICAL CENTER CURRENT CURRENT LAND USE; SINGLE FAMLY LAND USE: PRESERVE _ _ RESIDENTIAL SUS -DIVISION 15;PE r� R ZONING:A-AGRICULTURE ROADWAYESMT I "D" BUFFER I r CURRENT LAND USE: SINGLE OR 53S PG. 1273 f — — 15' TYPE FAMILY RESIDENTIAL "B" BUFFER R 15' TYPE BIa FFER IONING: MPUD. 11 E — \ _ _ — I •.'.•.-. •.•.. .•,'.•.,.•.-.•.i •.•.•.. HACIENDA{ LAKES I %^ ��' — l F — ti� I.. .�..��.. -. L .•.-.•..•.•. '� CURRENT LAND [} - - - - - + . .- l USE' SINGLE FAMILY II I 6 R �' J ± RESIDENTIAL .SUBDIVISION ill y E] R 1 W I + lyl ,•T'. .. ,:•--.,'-','-.,:.-1 TOGA. NIN' . _N. _ 2U' III .... .. .. .. _ . AGRICULTURE W _ LME E I ... _ ... _ . - . .... .. _ _ CURRENT LAND 1 ... 'I USE; SINGLE I- - - FAMILY W 1 I I I . RESbENTIAL Z + —I ��-------_r 1............ ............... � PROPERTY ! + R /rI+.................................� BOUNDARY I L _ _ — J _ .• _ .•_•.•..•.•_•.•_•.•_•.•.-. •.•_•. _•.•_ .. A•AGRICULTUW ti PRNM RIGHT OF WAY +♦ E' I CURRENFLAHU U$ 1 "-•� _ _•.•..•.-.•.•.•.•_•.•. •. •.-.•.•. •.•_•.•. •. •.-.. VACANTLAND ! 15' TYPE R 15' TYPE I f I "B" BUFFER 'B" BUFFER _ ___ _________ _ r- _ pI ` `------ ZONING: R -AGRICULTURE � � 1 — — 1 CIJRRENT LAND USE: SINGLE FAMILY r I I ! PROPERTY BOUNDARY _ RESIDENTIAL, VACANT LAND I — � I I 15' TYPE f R I "S' BUFFER f I ! r J I Jf ✓f/// R ZONING: A -AGRICULTURE I PROPERTY BOUNDARY y { f� R I CURRENT LAND USE: NURSERY J SINGLE j I ! FAMILY RESIDENTIAL I rrf fr4r �T m I� 15'TYPE IS' TYPE "B" BUFFER 15' TYPE rr f I"B" BUFFER 'D" BUFFER f LEGEND l20' RESIDENTIAL ar LIVIDPATE NT IAL FUTURE BICYCLE/ PEDESTRIAN INTERCONNECTION Real RECREATIONAL AREA I f fI 4ti 7f R) I ZONING:A- AGRICULTURE p PRESERVE 15' TYPE f!! CURRENT LAND USE: NURSERY 'D' BUFFER itI j I 15'TYPE TRAFFIC FLOW PATTERN I I R � R f ��! "B" BUFFER � { 5 1 DEVIATIONS L41 I PROPERTY BOUNDARY f I I I WATER MGMT LAKE EA I M TYPE 'D' BUFFER BUFFER DERLDC ARCHEOLOGICAL AREA ti I ZONING: A -AGRICULTURE I ! L BUFFER PER U]C I GVRRNT LANADN� E: VACANT F_', 1 . PREMWIF/CONSERVATION t y J EASEMENT AREA SABAU El BOUNDARY MARKER iN61Nii RING oLF TITLE: ROCKEDGE RPUD MASTER PLAID RWA 6616 Vnlluw pant bnw w:c 2o6 N.plar, nonm st1a3234} iaF•oSYs rnx:;x34h SSFa5J8 23 505 25E NUMBER: 120030. .(1Lt PUMSE 51 ICEi NUMBER: 2 - — fl_C N'Jhi7CR: 12X30.00�iv1t= m�unrwamm Flrx klaC rtnlraris ncAnirrprkanon E6-:6C+3L6F952 Page 4 of 9 Rockedge RPUD, PDI-PL20200002165 July 22, 2021 Packet Pg. 8 3.A.a PURPOSE/DESCRIPTION OF PROJECT: The Rockedge RPUD was originally approved in Ordinance Number 06-31 on June 6, 2006. It was amended in Ordinance Number 16-03 on February 9, 2016. See Attachment B-Ordinance 16-03. The Planned Unit Development (PUD) Ordinance allows for up to 266 multi -family and single-family residential units at a density of 2.5 dwelling units per acre (DUA). The subject property is currently undergoing clearing and development. The purpose of this Insubstantial Change to a PUD (PDI) request is to make the following changes to Ordinance No. 16-03, PUD Exhibit F, Transportation commitment "A": At the sole discretion and decision of Collier County, prior to the first Certificate of Occupancy issuance and at no cost to the County, a Collier Area Transit (CAT) bus stop with shelter and associated access pathways will either be installed by the developer or a payment -in -lieu will instead be provided by the developer. at no eest to the Gett p,4. The payment -in -lieu amount shall be the reasonable cost for the construction of a bus stop with shelter and associated access pathways and shall be first approved by the County Manager or their designee in coordination with CAT. The exact location will be determined during site development plan review; however, every effort shall be made for co -utilization of the CAT stop for a school bus pick-up and drop-off. This shall be coordinated with the Collier County School District. If co -utilization is determined not to be feasible, then a site for school bus drop-off and pick-up shall be provided internal to the site. SURROUNDING LAND USE AND ZONING North: Amity Road and scattered residential with a zoning designation of Rural Agriculture (A), Naples RV Resort with a zoning designation of (TTRVC), Johns Road, preserve with a zoning designation of Collier Regional Medical Center PUD, and Hacienda Lakes with a zoning designation of MPUD/DRI (Mixed -use and Development of Regional Impact), and a density of 0.78 DUA; East: Scattered residential development and a nursery with a zoning designation of (A), and partially developed residential development with a density of 0.78 DUA, and a zoning designation of Hacienda Lakes MPUD/DRI; South: Scattered residential development with a zoning designation of (A), a landscape nursery with a zoning designation of (A), Winding Cypress with a zoning designation of PUD, and a density of 1.4 DUA, and Sabal Palm Road. West: Lely Resort with a zoning designation of PUD, and a zoning density of 3.10 DUA, and C.R. 951 (Collier Boulevard), scattered residences with a zoning designation of (A), and a landscape nursery with a zoning designation of (A). Page 5 of 9 Rockedge RPUD, PDI-PL20200002165 July 22, 2021 Packet Pg. 9 3.A.a AERIAL PHOTO STAFF ANALYSIS: Comprehensive Planning: The proposed PDI is consistent with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Transportation Element: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of the request. CONCURRENT LAND USE APPLICATIONS: There are two concurrent applications: PL20200000233, Site Development Plan, and PL20210001071, Plat Recording. PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE CRITERIA: There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. An insubstantial change includes any change that is not considered a substantial or minor change. An Page 6 of 9 Rockedge RPUD, PDI-PL20200002165 July 22, 2021 Packet Pg. 10 3.A.a insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.I. LDC Section 10.02.13.E.1 Criteria: a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use, or height of buildings within the development. C. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial, and industrial land uses (excluding preservation, conservation, or open space), or a proposed relocation of nonresidential land uses? No, the requests do not impact the size of non-residential areas or proposed to relocate such areas within the PUD boundary. C. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? No, there are no substantial impacts resulting from this amendment. L Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The proposed amendment would not result in land use activities that generate higher levels of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? Page 7 of 9 Rockedge RPUD, PDI-PL20200002165 July 22, 2021 Packet Pg. 11 3.A.a No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. There will be no incompatible relationships with abutting land uses. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No. Comprehensive Planning staff determined the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Transportation planning staff reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. Due to the limited nature of this request, a determination and public hearing under F.S. 380.06(19) will not be required. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based on the analysis provided above, the proposed change is not deemed to be substantial. LDC Section 10.02.13.E.2 Criteria: Does this petition change the analysis of the findings and criteria used for the original application? No, the proposed changes do not affect the original analysis and findings for the original application. (See Attachment C-Rezone Findings and Findings for PUD.) Page 8 of 9 Rockedge RPUD, PDI-PL20200002165 July 22, 2021 Packet Pg. 12 NEIGH OIUQDB INFORMATION MEETING (NIM): The NIM was held on April 29, 2021, at Shepard of the Glades Church, 6020 Rattlesnake Hammock Road, Naples, Florida. For further information, please see Attachment D-NIM Summary. STAFF RECOMMENDATION: Staff recommends the Hearing Examiner approve Petition PDI-PL20200002165, Rockedge RPUD. Attachment A -Proposed Language shall be included in the HEX Decision. Attachments: Attachment A -Proposed Language Attachment B-Ordinance Number 16-03 Attachment C- Rezone Findings and Findings for the PUD Attachment D-NIM Summary Attachment E-Application Page 9 of 9 Rockedge RPUD, PDI-PL20200002165 July 22, 2021 Packet Pg. 13 EXHIBIT F 3.A.b Rockedge Residential Planned Unit Development DEVELOPMENT COMMITMENTS PUD MONITORING: One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Watermen at Rockedge Naples, LLC or its assigns. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. Commencing with submittal of the first development order that utilizes TDR credits, a TDR calculation sheet shall be submitted documenting that the owner has acquired all TDR credits needed for that portion of the development. The calculation sheet tracks the chronological assignment of TDR credits with respect to all subsequent development orders until the maximum density allowed by the utilization of TDR credits has been reached (all TDR credits allowing residential development reach a zero balance). TRANSPORTATION: A. At the request sole discretion and decision of Collier County, prior to the first Certificate of Occupancy issuance and at no cost to the County, a Collier Area Transit (CAT) bus stop with shelter and associated access pathway_will either be installed by the developer or a payment -in -lieu will instead be provided by the developer. a4 no eest to the r,.,,.,ty The payment -in -lieu amount shall be the reasonable cost for the construction of a bus stop with shelter and associated access pathways and shall be first approved by the County Manager or their designee in coordination with CAT. The exact location will be determined during site development plan review; however, every effort shall be made for co- utilization of the CAT stop for a school bus pick-up and drop- off. This shall be coordinated with the Collier County School District. If co- utilization is determined not to be feasible, then a site for school bus drop- off and pick-up shall be provided internal to the site. Page 1 of 1 12-09-2015 Rockedge RPUD Q PL# 2014.2246 Revised: June 2, 2021 Packet Pg. 14 3.A.c ORDINANCE NO. 16-o_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE AGRICULTURAL (A) ZONING DISTRICT AND THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A 106.44f ACRE PARCEL TO BE KNOWN AS THE ROCKEDGE RPUD TO ALLOW UP TO 266 DWELLING UNITS ON PROPERTY LOCATED NEAR THE NORTHEAST CORNER OF THE INTERSECTION OF SABAL PALM ROAD AND COLLIER BOULEVARD IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF ORDINANCE NO. 06-31, THE FORMER ROCKEDGE RESIDENTIAL PLANNED UNIT DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. [PETITION PUDR-PL20150002246] WHEREAS, Patrick Vanasse, AICP of RWA, Inc. and Richard D. Yovanovich, Esquire of COLEMAN YOVANOVICH & KOESTER, P.A. representing Waterman at Rockedge Naples, LLC, (hereinafter "owner" or "developer) petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ZONING CHANGE. The zoning classification of the herein described real property located in Section 23, Township 50 South, Range 26 East, Collier County, Florida is changed from the Agricultural (A) zoning district and the Residential Planned Unit Development (RPUD) zoning district to a Residential Planned Unit Development (RPUD) zoning district for a 106.44± acre parcel to be known as the Rockedge RPUD in accordance with Exhibits A through H attached hereto and [15-CPS-01429/1233094/11 128 1 of Rockedge PUDA/PUDA-PL20140002246 1/13/16 Packet Pg. 15 3.A.c incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: REPEAL OF ORDINANCE. Ordinance No. 06-31 is hereby repealed in its entirety. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of bnAoLrw 2016. ATTEST: DWIGHi','J3ROc`X .LERK By: I- ,s Appro 1to,form and le ality: Hei i Ashton-Cicko Managing Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLL R COUNTY, FLORIDA By: DONNA FIALA, Chairwoman Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E — List of Requested Deviations Exhibit F — List of Developer Commitments Exhibit G — Archaelogical Site Locations Exhibit H — Typical Section 50' R.O.W. [15-CPS-01429/1233094/1] 128 2 of2 Rockedge PUDA/PUDA-PL20140002246 1/13/16 This ordinance filed with the Secretary of State's Office the 11 4�` day of k, Cnd acknowledgement of that filing received this JA-!' day of 8y c Packet Pg. 16 3.A.c EXHIBIT A Rockedge Planned Unit Development Regulations for development of the Rockedge Residential Planned Unit Development (RPUD) shall be in accordance with the contents of this RPUD Ordinance and applicable sections of the Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of approval of each development order. Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. MAXIMUM DENSITY: There shall be no more than 266 residential dwelling units permitted on the f 106.44 gross acres, resulting in a maximum density of 2.5 dwelling units per acre. This PUD allows a base density of 1.5 units per acre or 160 dwelling units, and pursuant to the Urban Residential Fringe Subdistrict provisions of the Growth Management Plan, an additional 106 units are derived from Transfer of Development Rights (TDR). Redemption of TDR credits shall be per LDC Section 2.03.07.D.4(g). PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: L GENERAL PERMITTED USES Guardhouses, gatehouses, access control structures, clock towers, fences, walls, columns, decorative hardscaping or architectural embellishments associated with the project's entrance features are permitted within the "R" designated area abutting the project's entrance, or within the private roadway as depicted on the PUD Master Plan, and shall have no required setbacks; however, such structures cannot be located where they create vehicular stacking or sight distance issues for motorists and pedestrians, and cannot exceed 35' in actual height. II. RESIDENTIAL A. Principal Uses: 1. Single family, detached 2. Single family, attached 3. Single family, zero lot line 4. Townhouse Page 1 of 16 12-09-2015 Rockedge RPUD PL# 2014.2246 LO r M O co Packet Pg. 17 3.A.c EXHIBIT A Rockedge Residential Planned Unit Development 5. Multi -family 6. Temporary model homes 7. Model sales center 8. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or Hearing Examiner, as applicable. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to swimming pools, spas, screen enclosures, private garages, and other recreational facilities. 2. Gatehouses and other access control structures. 3. Utility and water management facilities 4. Walls, berms, and signs. 5. Project sales, construction and administrative offices that may occur in residential and/or temporary structures. 6. Passive open space uses and structures, such as but not limited to landscaped areas, gazebos, park benches and walking trails. 7. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals ("BZA") or Hearing Examiner, as applicable. III. RECREATION AREA A. Principal Uses: 1. Structures intended to provide social and recreational space for the private use of the residents and their guests. 2. Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playgrounds, pedestrian/bicycle pathways, and water features. Page 2 of 16 12-09-2015 Rockedge RPUD PL# 2014.2246 Packet Pg. 18 3.A.c EXHIBIT A Rockedge Residential Planned Unit Development 3. Passive open space uses and structures, such as but not limited to landscaped areas, gazebos, park benches and walking trails. 4. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or Hearing Examiner, as applicable. B. Accessory Uses: Community maintenance areas, maintenance structures and community storage areas. 2. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals ("BZA") or Hearing Examiner, as applicable. IV. PRESERVE AREA A. Permitted Uses: Native preserves 2. Uses and structures that will not reduce the native preservation requirements, such as boardwalks, nature trails, gazebos, benches and viewing platforms, subject to approval by the permitting agencies and in accordance with the LDC. 3. Drainage and water management structures that will not reduce the native preservation requirement. 4. Any other conservation use or structure which is comparable in nature with the foregoing list of permitted uses, within a preserve, as determined by the Board of Zoning Appeals ("BZA") or Hearing Examiner, as applicable. 5. Activities in the archaeological areas within the Preserve shall be in accordance with Exhibit F and the LDC. Page 3 of 16 12-09-2015 Rockedge RPUD PL# 2014.2246 Packet Pg. 19 ` 3.A.c EXHIBIT B Rockedge Planned Unit Development DEVELOPMENT STANDARDS Exhibit B sets forth the development standards for the RPUD Residential Subdistrict and Recreation Area Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of the applicable development order. DEVELOPMENT SINGLE SINGLE DUPLEX & TOWNHOUSE MULTI- RECREATION STANDARDS FAMILY FAMILY TWO- FAMILY DETACHED$ ATTACHED & FAMILYS SINGLE FAMILY ZERO LOT LINES PRINCIPAL STRUCTURES MINIMUM LOT AREA 4,000 S.F. 3,500 S.F. 3,500 S.F. 1,600 S.F. PER N/A N/A PER UNIT UNIT MIN. LOT WIDTH ' 40 FEET 35 FEET 35 FEET 16 FEET N/A N/A MIN. FRONT YARD 2.3 15 FEET 15 FEET 15 FEET 15 FEET 15 FEET 15 FEET MIN. SIDE YARD 5 FEET 0 OR 10 FEET 0 AND 5 FEET 0 AND 5 FEET 10 FEET 1/2 BH MIN. REAR YARD 6-7 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MIN. PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN. DISTANCE BETWEEN 10 FEET 10 FEET 0 OR 10 FEET 0 OR 10 FEET 20 FEET 1/2 sum of the BH STRUCTURES MAX. ZONED BUILDING 35 FEET 35 FEET 35 FEET 35 FEET 45 FEET 35 FEET HEIGHT MAX. ACTUAL BUILDING 40 FEET 40 FEET 40 FEET 40 FEET 55 FEET 40 FEET HEIGHT ACCESSORY STRUCTURES MIN. FRONT YARD SPS SPS SPS SPS SPS SPS MIN. SIDE YARD4 SPS SPS SPS5 SPS5 SPS SPS MIN. REAR YARD 6-7 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET 0 FEET MIN. PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MAX. ZONED BUILDING 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET HEIGHT MAX. ACTUAL BUILDING 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET HEIGHT BH: Building Height (zoned height) SPS: Same as Principal Structure Rockedge RPUD PL# 2014.2246 LO r` r M 0 to r Page 4 of 16 12-09-2015 Packet Pg. 20 3.A.c EXHIBIT B Rockedge Residential Planned Unit Development 1. The minimum lot width may be reduced by 20% on pie -shaped lots„ provided the minimum lot area requirement shall be maintained. 2. For multi -family product the front yard setbacks shall be measured from back of curb, or edge of pavement if not curbed. For all other unit types, front yard setbacks shall be measured from ROW line. The minimum 15' front yard setback may be reduced to 12' where the unit has a recessed or side -entry garage. Front -loading garages shall be set back a minimum of 23 feet from edge of sidewalk. 3. For corner lots, only 1 front yard setback shall be required. The yard that does not contain the driveway shall provide a minimum 1 2' setback. 4. The minimum distance between accessory buildings may be reduced to 0' where attached garages are provided. However, the principal structures shall maintain a 10' minimum separation. 5. Accessory pool cage setbacks may be reduced to 0 feet when attached to a common privacy wall. 6. If single family development is pursued through the County's plat process, LMEs and LBEs will be platted as separate tracts. 7. When a lot abuts a lake maintenance easement (LME) or landscape buffer easement (LBE), the minimum rear yard shall be measured from the easement. Otherwise, the minimum rear yard shall be measured from the parcel boundaries. S. In order to support a canopy tree with a minimum 20-foot crown spread as required in LDC Section 4.06.05, individual lots must accommodate enough space for the entire 20-foot canopy to be located wholly within the lot boundaries, except where the lot is adjacent to a lake maintenance easement and/or landscape buffer easement, in which case, a portion of the required 20-foot canopy may protrude into such area. 9. For the southern boundary of the RA tract excluding the area encumbered by an FPL easement, a 6-foot wall shall be provided in combination with the required 15-foot type B landscape buffer. For the southern boundary of the RA tract encumbered by the FPL easement, a 15-foot type B landscape buffer shall be required to the eastern edge of the paved area of owner's parking lot, subject to FPL approval. Page 5 of 16 12-09-2015 Rockedge RPUD PL# 2014.2246 Packet Pg. 21 3.A.c EXHIBIT C Rockedge Planned Unit Development ROCKEDGE ZONING:TTRVC RPUD MASTER PLAN CURRENT LAND USE: RV PARK JORVS ROAD [ 10 PROPERTY (� I BOUNDARY it I is, TYPE ZONING: W BUFFER A - AGRICULTURAL (SCATTERED SINGLE FAMILY RESIDENTIAL) 20' AMITY RD ESMT. & -5' DRAINAGE SWALE ESMT. MAINT AGREEMENT & MAIM. AGREEMENT O.R. OR 2826 PG. 2485 2826 PG. 2485 Lei ME I V 1s TYPE R u. 'D' BUFFER ,D' BUFFER -..— flRVAM RLOIi'T OF WAY - 15 R 'r RA ZONING: A -AGRICULTURE CURRENT LAND USE: SINGLE FAMILY F ESIE;ENTULL, VACANT LAND TYPE .8� PROPERTY BOUNE BUFFER �h15' R n _. -I - 15, TYPE 11 1Z "B-BUFFER TYPE J PROPERTY BUFFER — _-- --- BOUNDARY ZONING:A- AGRICULTURE 20.CURRENT LAND USE: LME SINGLE FAMILY RESIDENTIAL, VACANT LAND H 10'7YPE 15, TYPE 'A' BUFFER W BUFFER to POTENTIAL FUTURE o INTERCONNECTION ZONING:A- AGRICULTURAL CURRENT LAND USE: LEGEND R RESIDENTIAL RA RECREATIONAL AREA P PRESERVE TRAFFIC FLOW PATTERN S� DEVIATIONS WATER i 1 MANAGEMENT LAKE ARCHAEOLOGICAL 1�157 AREA PRESERVE [7 BOUNDARY MARKER ' w LAND USE SUMMARY O w TRACT LAND USE ACREAGE TRACT -R' RESIDENTIAL 58.43 +/. AC w TIRACT'P' PRESERVE 2420 +1. AC m TRACT "FW RECREATION AREA 0.91 +1- AC w TRACT-L- LAKEAVATER MANAGEMENT 1028+/-AC Z ACCESS DRIVE! R.O.W. 12.B4 +I- AC r TOTAL 106.44 +/- AC MAXIMUM DENSITY 266 RESIDENTIAL DWELLING UNITS 180 DWELLING UNITS DERIVED FROM BASE ' DENSITY; 106 FROM TDR'S 1 RPUD MASTER PLAN NOTES 170' FPL 1. WITHIN THE RPUD BOUNDARIES THERE WILL BE _EASEMENT " O.R.-678. -r- A MINIMUM OF 60% OPEN SPACE. PG. 1765 2. THE FACILITIES AND IMPROVEMENTS SHOWN ON THIS PUD MASTER PLAN SHALL BE CONSIDERED CONCEPTUAL IN NATURE. 3. THE DESIGN, LOCATION, AND CONFIGURATION 1 OF THE LAND IMPROVEMENTS SHALL BE DEFINED AT EITHER PRELIMINARY SUBDIVISION PLAT APPROVAL, OR CONSTRUCTION PLANS AND PLAT APPROVAL. 15' TYPE 'D' BUFFER 4. REQUIRED PRESERVE: 21.29 AC (25% OF 85.17 AC OF EXISTING NATIVE VEGETATION. PRESERVE PROVIDED: 2420 AC 5. BICYCLE / PEDESTRIAN CONNECTION(S) TO THE MULTI -USE PATH ALONG COLLIER W TYPE NURSERY 30'R/W/ 1 BOULEVARD 'A' BUFFER O.R.321—F-- MAY BE PROVIDED AT TIME OF PPL OR SDP. PG. 259 ;1 PROPERTY PROPERTY BOUNDARY EASEMENT 6. MINIMUM LANDSCAPE BUFFERING BOUNDARY ZONING:A - AGRICULTURALIMELROSE ROW TO REMAIN REQUIREMENTS MAY BE MET WITH EXISTING CURRENT LAND USE: NURSERY PRESERVE. WHERE THE PRESERVE DOES NOT MEET THE MINIMUM LANDSCAPE BUFFERING S.ROAD :PUWINDING CYPRESS ZONING:PUD, - REQUIREMENTS, PLANTING TO MEET THESE CURRENT LAND USE: RESIDENTIAL, VERONA REQUIREMENTS SHALL BE REQUIRED. W "0 WATERAAEN AT RCICKED6c ROCKLDGL NAPLES,u.0 RPUD w.azro wu+ucaMrc�w.ears uc w rwvs' wGrMeeuNd ax�u uw�� i a>.m sai:.o«um cu+anrs src r✓ o>ncrs .............._.__...__..._�_—._____..—. MASTER PLAN Z. i'•xT. r rw it m iQ Page 6 of 16 12-09-2015 Rockedge RPUD PL# 2014.2246 Packet Pg. 22 3.A.c EXHIBIT C Rockedge Residential Planned Unit Development ROCKEDGE ZONING:PUD, COLLIER REGIONAL 7�� ZONING:MPUD, HACIENDA LAKES MEDICAL CENTER RPUD MASTER PLANCURRENT LAND USE: SINGLE FAMILY CURRENT LAND USE: PRESERVE RESIDENTIAL SUB -DIVISION i _ '30'ROADWAY . a . a a a a s 15'TYPE EASEMENT O.R. 635 I a s a a a a a a a� ! ' 1F E R "8" BUFFER PG. 1273 I a a a a a a a 'WBUFFER ZONING: A -AGRICULTURE CURRENT LAND USE: SINGLE -- j o FAMILY RESIDENTIAL a a a a a a a a a R W.a.WaaP�a _-- _.... a . a ZONING: MPUD. _ _ HACIENDA LAKES 1S 7YK f 1I ' a. a a• a a a a a a v w CURRENT LAND USE: '1-'-�'- 1'+B� I R 'B'BUFFRt • +' a a . a al SINGLE FAMILY IEASEME ' �I `` _ RESIDENTIAL OA 3474� _ _ i IL, a a a .. a . . a a a + . SUBDIVISION PG. 1632I .R 1119, K+. 1006 . a PROPERTY ' O.R. 5842�� \.,"` — — Of �a aaaa - BOUNDARY ^� . TO BE �I I� �a a a s a W a a a v ZONING;A - 1 IV�Tm AGRICULTURE CURRENTLAND f� I aaa. aaaa aa.l USE: SINGLE LME . FAMILY a RESIDENTIAL A -AGRICULTURE w ' I �• —O v a a a a a a. a a a a a a. a a a a CURRENT LAND USE: ' ` rBfVAi5YE09rt'O®+WAY VACANT LAND 15'TYFE _. — 1STYPE V� 'B' BUFFER BBUFFER •• 11 I �- a a � /JI ZONING: A -AGRICULTURE 1 I -PROPERTY BOUNDARY CURRENT LAND USE: SINGLE FAMILY / R I RESIDENTIAL, VACANT LAND /�� — ( __ POTENTIAL FUTURE BICYCLE/PEDESTRIAN INTERCONNECTION � iI INTERCONNECTION r- LME (I ZONING:A- AGRICULTURE PROPERTY BOUNDARY \ �_ _ _-, CURRENT LAND USE: NURSERY I SINGLE 15' TYPE FAMILY RESIDENTIAL •BSBUFFER LEGEND 15' TYPE / V- �_ 'D_ BUFFER . - f R RESIDENTIAL ' RECREATIONAL �� R -B. BUFFER , PROPERTY BOUNDARY jtA AREA PRESERVE 15'TYPE ZONING: A - AGRICULTURE TRAFFIC FLOW - - •e• BUFFER CURRENT LAND USE: — PATTERN i NURSERY j? IF TYPE —� 5 j DEVIATIONS t I—B'BUFFER T WATER �f - PROPERTY BOUNDARY I. �+..� MANAGEMENT LAKE LME' L ZONING:A- AGRICULTURE ARCHAEOLOGICAL CURRENT LAND USE: ® AREA VACANT LAND I 101 jL-._ __ _.'ems 15'TYPE � PRESERVE ..._._. BUFFER El BOUNDARY 20, BABALPMMBGAD MARKER 'D' BUFFFR ...... _._... _... ....... __— "f .n�swas.m ROCKLIIGE w.mLL.0 w aglg � �aa� WATERMENAT GE Es, EEr. RPUU t cea:w ANpcpMlfw.o�a Sit w Id.Vvs lNOINtHINa flOb`B�'� jam coon .-_. __ — __._ MASTER DUw Ywwry E... •... .-a i� us is Page 7 of 16 12-09-2015 Rockedge RPUD PL# 2014.2246 Packet Pg. 23 3.A.c EXHIBIT D Rockedge Residential Planned Unit Development LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, a COLLIER COUNTY, FLORIDA; THENCE N89°01'58"E FOR 664.25 FEET ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23 TO AN INTERSECTION a WITH THE WEST LINE OF TRACT "F1" OF THE PLAT OF ESPLANADE AT HACIENDA LAKES AS RECORDED IN PLAT BOOK 55, PAGE 1, PUBLIC RECORDS OF COLLIER -� COUNTY, FLORIDA; as THENCE S01 ° 14'38"W FOR 675.75 FEET ON SAID WEST LINE OF TRACT "F 1" TO THE SOUTHWEST CORNER OF SAID TRACT "F1"; THENCE S01014'14"W ON THE EAST LINE OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF c SAID SECTION 23 FOR 675.73 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; o THENCE S89042'08"W ON THE SOUTH LINE OF SAID FRACTION FOR 662.30 FEET TO o AN INTERSECTION WITH EAST LINE OF A PARCEL OF LAND AS RECORDED IN a OFFICIAL RECORDS BOOK 4466, PAGE 3476, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE THE FOLLOWING FIVE BEARINGS AND DISTANCES ON THE EAST AND SOUTH LINES OF SAID PARCEL: 1. SO 1 °09'56"W FOR 617.91 FEET; 9 2. N89034'54"W FOR 300.19 FEET; r 3. SO 1 009'09"W FOR 435.95 FEET; o 4. N89034'09"W FOR 150.16 FEET; m 5. N89038'05"W FOR 210.56 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF (E-1/2) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N01 °05' 19"E ON SAID WEST LINE FOR 43.72 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF (S-1/2) OF THE SOUTHWEST QUARTER a (SW-1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; E THENCE N89048'02"W ON SAID NORTH LINE FOR 15.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF PARCEL 1 AS RECORDED IN OFFICIAL RECORDS BOOK a 4970, PAGE 3362, SAID PUBLIC RECORDS; THENCE THE FOLLOWING FOUR BEARINGS AND DISTANCES ON THE SOUTH, WEST AND NORTH LINES OF SAID PARCEL 1: 1. SO1°05'19"W ON SAID EAST LINE FOR 303.80 FEET; 2. N89037'28"W FOR 645.47 FEET; 3. NO1001'07"E FOR 302.01 FEET Page 8 of 16 12-09-2015 Rockedge RPUD PL# 2014.2246 Packet Pg. 24 3.A.c EXHIBIT D Rockedge Residential Planned Unit Development 4. S89047'35"E FOR 30.00 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID PARCEL OF LAND RECORDED IN IN OFFICIAL RECORDS BOOK 4466, PAGE 3476, SAID PUBLIC RECORDS; THENCE THE FOLLOWING FIVE BEARINGS AND DISTANCES ON THE WEST LINE OF SAID PARCEL: I . NO 100 FO I "E FOR 218.98 FEET; 2. N52035'40"E FOR 646.23 FEET; .-. 3. N40029'08"W FOR 30.05 FEET; a 4. N49040'54"E FOR 22.10 FEET; o 5. THENCE N36022'15"E FOR 436.44 FEET TO AN INTERSECTION WITH THE a SOUTH LINE OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; -� THENCE S89042'08"W ON SAID SOUTH LINE FOR 785.71 FEET TO THE SOUTHWEST e CORNER OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE NO1 °O1'O1 "E FOR 332.01 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE CM NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID o SECTION 23; o THENCE S89032'04"W FOR 994.18 FEET TO THE NORTHEAST CORNER OF THE a SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; T THENCE S00054'12"W FOR 329.09 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE c NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID r SECTION 23; THENCE N89042'08"E FOR 331.15 FEET TO THE NORTHEAST CORNER OF THE m NORTHEAST QUARTER (NE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S00056'29"W FOR 660.13 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE a SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; E THENCE N89057'42"W FOR 330.68 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE a SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S00054'12"W FOR 329.09 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; Page 9 of 16 12-09-2015 Rockedge RPUD PL# 2014.2246 Packet Pg. 25 3.A.c EXHIBIT D Rockedge Residential Planned Unit Development THENCE N89047'35"W ON THE SOUTH LINE OF SAID FRACTION FOR 230.44 FEET TO AN INTERSECTION WITH A LINE 100 FEET EAST OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE WEST LINE OF SAID SECTION 23; THENCE N00051'53"E ON SAID PARALLEL LINE FOR 1642.03 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER (NW-1/2) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; .-. THENCE N89022'01 "E FOR 894.88 FEET TO THE NORTHWEST CORNER OF THE a NORTHEAST QUARTER (NE-1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N00058'45"E FOR 662.08 FEET TO THE NORTHWEST CORNER OF THE .� NORTHEAST (NE-1/4) OF THE NORTHEAST QUARTER (NE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N89001'58"E FOR 996.40 FEET TO THE NORTHWEST CORNER OF THE EAST HALF (E-1/2) OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; `V 0 THENCE S01 005'30"W ON THE WEST LINE OF SAID FRACTION FOR 328.19 FEET TO AN 0 INTERSECTION WITH A LINE 328.19 FEET SOUTH OF (AS MEASURED ON A 0 N PERPENDICULAR) AND PARALLEL WITH THE NORTH LINE OF SAID FRACTION; a THENCE N89001'53"E ON SAID PARALLEL LINE FOR 663.85 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE EAST HALF (E-1/4) OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE NO1°10'38"E ON SAID EAST LINE FOR 328.19 FEET TO THE POINT OF c BEGINNING. r LESS THAT PART OF THE ABOVE DESCRIBED PROPERTY CONTAINED IN DEED RECORDED IN O.R. BOOK 321, PAGE 259, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL CONTAINS 106.44 ACRES, MORE OR LESS. BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST TO BEAR NORTH 8900F58" EAST. Page 10 of 16 12-09-2015 Rockedge RPUD PL# 2014.2246 Packet Pg. 26 3.A.c EXHIBIT E Rockedge Residential Planned Unit Development LIST OF DEVIATIONS Deviation #1 seeks relief from LDC, Section 6.06.0 LN which requires minimum local street right- of-way width of 60 feet, to allow a 50' right-of-way width for the private internal streets. Deviation #2 seeks relief from LDC Section 5.03.02.C, which permits a maximum wall height of 6' in residential zoning districts, to allow a maximum wall height of 8' along the perimeter of the project, and allow a 12' tall wall/berm combination where abutting an existing public roadway. Deviation #3 seeks relief from LDC Section 5.04.06.A.3.e, which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height, to allow a temporary banner sign up to a maximum of 32 square feet in area. The temporary banner sign shall be limited to maximum of 90 days per calendar year during season defined as November 1 to April 30 . This deviation will remain in force until the project is sold out. Deviation #4 seeks relief from LDC Section 5.06.02.13.5, which requires on -premises directional signs to be setback a minimum of 10' from edge of roadway, to allow a setback of 5' from the edge of a private roadway/drive aisle. Deviation #5 seeks relief from LDC Section 5.06.02.13.14, which allows one (1) boundary marker _J a sign or monument structure at each property corner with a sign face no more than 24 square feet, to allow the option of one (1) monument sign along C.R. 951 with a sign face of 64 square feet, rather LO the two (2) boundary markers that would be allowed per code. r Deviation # 6 seeks relief from LDC Section 4.02.04.D.1, which prohibits doors and windows on M o the zero lot line portion of a dwelling unit, to allow windows. Deviation #7 seeks relief from LDC Section 6.06.01.J which requires cul-de-sac lengths not to exceed 1,000 feet, to allow 2,500 feet for the one cul-de-sac street identified on the RPUD Master Plan Deviation #8 seeks relief from LDC Section 5.04.04.B.3.e which limits temporary use permits for model homes to 3 years, to allow a temporary use permit of 5 years without the need to request approval of a Conditional Use petition. Deviation #9 seeks relief from LDC Section 3.05.07.H.3.a., which requires a minimum 25' preserve setback for all principal structures to allow a 12.5' side yard setback from preserves for principal structures where identified on the RPUD Master Plan. The reduced setback is allowed in combination with a structural buffer as allowed by the SFWMD. Deviation #10 seeks relief from LDC Section 4.06.02.C.4, which requires a 20' Type D buffer along perimeter boundaries abutting a right-of-way for all developments of 15 acres or more, to a allow a 15' Type D buffer adjacent to right-of-ways where identified on the RPUD Master Plan Page 11 of 16 12-09-2015 Rockedge RPUD PL# 2014.2246 r._ Packet Pg. 27 3.A.c EXHIBIT F Rockedge Residential Planned Unit Development DEVELOPMENT COMMITMENTS PUD MONITORING: One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Watermen at Rockedge Naples, LLC or its assigns. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. Commencing with submittal of the first development order that utilizes TDR credits, a TDR c calculation sheet shall be submitted documenting that the owner has acquired all TDR credits needed for that portion of the development. The calculation sheet tracks the chronological a assignment of TDR credits with respect to all subsequent development orders until the maximum LO density allowed by the utilization of TDR credits has been reached (all TDR credits allowing r� r residential development reach a zero balance). M O TRANSPORTATION: A. At the request of Collier County, a Collier Area Transit (CAT) bus stop with shelter will be installed by the developer at no cost to the County. The exact location will be determined during site development plan review; however, every effort shall be made for co -utilization of the CAT stop for a school bus pick-up and drop-off. This shall be coordinated with the Collier County School District. If co -utilization is determined not to be feasible, then a site for school bus drop-off and pick-up shall be provided internal to the site. B. The owner, and its successors or assigns will be responsible a proportionate share of signalization and intersection improvements at Sabal Palm Road and Collier Boulevard (CR 951), when warranted. C. The Rockedge PUD Transportation Impact Study was based on a development scenario of 266 single-family detached units. The total trip generation was estimated in the TIS to be 253 PM peak hour two-way external trips based on ITE trip generation rates. The development scenario of 266 single-family detached units may change. However, the Project's estimated trip generation will not exceed a maximum of 253 PM peak hour two- way external trips. Page 12 of 16 12-09-2015 Rockedge RPUD PL# 2014.2246 Packet Pg. 28 3.A.c EXHIBIT F Rockedge Residential Planned Unit Development D. At the time of the first Site Development Plan, at locations where potential future vehicular and/or non -vehicular interconnection/interconnection points are indicated on the PUD Master Plan, owner shall provide vehicular and/or non -vehicular interconnectivity with abutting roadways and between adjoining sites, when feasible. If interconnection efforts are unsuccessful, the owner shall provide, as part of the SDP submittal, all correspondence between the parties involved to sufficiently document efforts to obtain interconnections. ENVIRONMENTAL: A. Project has 81.81 acres of native vegetation. 3.36 acres of non-native area have been included in the native vegetation preserve requirements due to a past clearing violation by previous owners. Native vegetation requirement is based on the 81.81 acres plus the 3.36 acres or 85.17 acres total. 25% of 85.17 results in a preserve requirement of 21.29 acres. The project is preserving 24.2 acres which is more than required. ARCHAEOLOGICAL: In 2014, a Phase I cultural resource assessment of the site was conducted by Robert S. Carr, M.S., o of the Archeological and Historical Conservancy, Inc. This assessment (A Phase I Cultural o Resource Assessment of the Rockedge Parcel, AHC Technical Report #1024) is a revised and c expanded phase of work that follows a 2003 assessment of a portion of the Rockedge parcel. Seven a previously recorded sites (CR726, CR873, CR874, CR875, CR896, CR897, CR898) and two previously unrecorded sites (CR1371, CR1372) were documented. Based on the discovery of LO CR1371, a small black earth midden, a Phase II assessment was completed and the report (A Phase r� r II Cultural Resource Assessment of Rockedge #2, Site 8CR1371, AHC Technical Report #1044). Letters concurring with the findings, results, and recommendations (including Phase III mitigation) o of the two reports were received on 12/31/15 and 3/04/15 respectively. `O In accordance with the Phase 1 assessment: A. Prior to any clearing or grubbing activities within 100 feet of the archaeological preserves labeled "to be preserved" or "designated for Phase 3 mitigation" on the Archaeological Site Locations Map, a temporary construction fence shall be placed around the preserve areas and around the site labeled "designated for Phase 3 mitigation" if that site has not already been mitigated. B. Any clearing of exotic vegetation within the archaeological preserve labeled "to be preserved" or "designated for Phase 3 mitigation", if not already mitigated, on the Archaeological Site Locations Map shall be conducted by hand. No mechanical equipment shall be used within the archaeological preserves for clearing or debris removal. C. All activities of clearing, grubbing, and subsurface alterations such as digging for utilities ditches, water management lakes, roads and the like that are located within 90 feet of the archaeological preserves labeled "to be preserved" or "designated for Phase 3 mitigation' on the Archaeological Site Locations Map and archaeological sites labeled "not eligible to be preserved" on the Archaeological Site Locations Map shall be subject to archaeological monitoring. Page 13 of 16 12-09-2015 Rockedge RPUD PL# 2014.2246 Packet Pg. 29 3.A.c EXHIBIT F Rockedge Residential Planned Unit Development D. The site plan shows archaeological areas within the preserves labeled "to be preserved" or "designated for Phase 3 mitigation" on the Archaeological Site Locations Map. No storage of fill, equipment or supplies shall be placed in the archaeological areas within the native vegetation preserve. E. Should any replanting or landscaping be permitted or required within the archaeological preserves labeled "to be preserved" or "designated for Phase 3 mitigation" on the Archaeological Site Locations Map, such activity shall be coordinated with and monitored by an archaeologist. F. If any archaeological features or artifacts are discovered during construction or development activities in the Rockedge RPUD, all development and construction activities shall cease at that location until the site has been examined by an archaeologist and necessary efforts to protect and/or document such resources have been implemented. G. If additional human remains are discovered within the Rockedge RPUD, then the provisions of Florida Statutes Section 872.05—laws governing the treatment of unmarked human burials —shall apply. Page 14 of 16 12-09-2015 Rockedge RPUD PL# 2014.2246 LO r M O W V- Packet Pg. 30 3.A.c EXHIBIT G Rockedge Residential Planned Unit Development RQCKEDGE 5ABAL PALM ROAD PROJECT BOUNDARY CRB74 LEGEND CR87S CR726 CR896 TO BE PRESERVED CR873 NOT ELIGIBLE TO BE PRESERVED CR897 CR1372 CR898 7ARCHAEOLOGICAL SITE CR1371—DESIGNATED FOR PHASE 3 MITIGATION 10/15 C1fNT WATERMEN AT ROCKEDGE 1" = 500' NAPLES, LLC TIRE: ENGINEERING MDA 6610V,1.II—Park Drive, Suite 2001 NaPWS. Fonda 34109 ARCHAEOLOGICAL SITE LOCATIONS 1239) 597 0575 FAX (239) 597 0578 BCB www.consulb nrscam ur. rwn a;,r PROiECt SHEET FllE Forida Certificates of Authorization EB 7663 LB 695"' 23 505 26E NUMBER: 120030.00.04 NUMBER 1 OF 1 NUMBER onxus rrnaw ctxtTtamama_.. wom:.aw=mu wa�w�wmrwnnuecumvmmx.wowotoccrsrrsr. Page 15 of 16 12-09-2015 Rockedge RPUD PL# 2014.2246 0 a 0 a m a� m Y V O w u'i Lo r N O O O O N O N J IZ r LO ti r M O to r L O m c a� t �a r .r Q C E t V Cu Q Packet Pg. 31 (lad andli a6POMOOb `S%ZOOOOZOZ-1d : 4L5L6) £0-94 TJO-8;uauayDBOV :1u8uay3e41V Page 16 of 16 EXHIBIT H Rockedge Residential Planned Unit Development 12-09-2015 Rockedge RPUD PL# 2014.2246 3.A.c 2 FLORIDA DEPARTMENT Of STATE RICK SCOTT Governor February 11, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha S. Vergara, BMR Senior Clerk Dear Mr. Brock: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 16-03, which was fled in this office on February 11, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 LO r M O W www.dos.state.f1.us Packet Pg. 33 3.A.d REZONE FINDINGS: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below: Rezone findings are designated as RZ and PUD findings are designated as PUD. (Staff s responses to these criteria are provided in non -bold font): 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 Department has indicated that the proposed PUD amendment is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) with the following conditions: 1. Exhibit C, RPUD Master Plan: An additional Master Plan Note is necessary to clearly indicate that non -vehicular interconnection will be pursued and provided at locations where vehicular interconnection is pursued and will not be provided. Correct the present labeling near the arrow symbol now appearing at the end of the hammerhead cul-de-sac in the tract adjacent to Collier Boulevard to read, "POTENTIAL FUTURE "INTERCONNECTION". 2. Exhibit F, Development Commitments: Add language to, at the time of the first Site Development Plan involving interconnectivity, at locations where potential future vehicular and/or non -vehicular interconnection/interconnection points are indicated on the RPUD Master Plan, for providing, to the maximum extent feasible, vehicular and/or non -vehicular interconnectivity with abutting roadways and between adjoining sites. This commitment will indicate that the developer shall provide to staff all correspondence between the parties so as to document efforts to interconnect. 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, undeveloped agriculture, trailer park, and landscape nursery. The residential land uses proposed in this PUD petition should not create incompatibility issues. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. Rockedge PUDR — PL20140002246 November 23. 2015 Page 18 of 25 Packet Pg. 34 3.A.d 4. W ether 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 above. 5. W ether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to add additional land and revise the density and residential use types. 6. W ether the proposed change will adversely influence living conditions in the neighborhood. The overall density and intensity of residential land uses allowed by the current PUD are not exceeded in the proposed PUD rezone. Staff is of the opinion that the proposed change will not adversely impact the living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project. The project's development must also comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at time of Site Development Plan (SDP) or Subdivision Platting (PPL) review. 8. W ether the proposed change will create a drainage problem. The proposed development 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 change will not seriously reduce light and air to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD rezone will not adversely impact property values. However, zoning by itself may or may not affect values, since value determination is driven by market value. Rockedge PUDR — PL20140002246 November 23. 2015 Page 19 of 25 Packet Pg. 35 3.A.d 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Most of the property surrounding the subject site is developed or undergoing construction. 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 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. The proposed development will comply with the Growth Management Plan which is a public c policy statement supporting zoning actions when they are consistent with said Comprehensive N Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. J Consistency with the FLUE is further determined to be a public welfare relationship because a. actions consistent with plans are in the public interest. u� ti 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. � The subject property can be developed within existing zoning. 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 rezone is not out of scale with the needs of the neighborhood or county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require site alteration and these sites will undergo evaluation relative to all federal, state, and local development regulations during the building permit process. Rockedge PUDR — PL20140002246 November 23. 2015 Page 20 of 25 Packet Pg. 36 3.A.d 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 set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the 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 of Service will be minimized. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" tn 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 nearby area is developed or is approved for development of a similar nature. The petitioner will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. 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, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. 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. Rockedge PUDR — PL20140002246 November 23. 2015 Page 21 of 25 Packet Pg. 37 3.A.d 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 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 when the PUD was approved. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing open space set aside for this project meets the minimum requirement of the LDC 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must also comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at time of Site Development Plan (SDP) review. 7. The ability of the subject property and of surrounding areas to accommodate expansion. If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property does have the ability to support expansion. 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. Not applicable. As previously stated, the changes are to add additional land and an access road into the PUD boundary. Rockedge PUDR — PL20140002246 November 23. 2015 Page 22 of 25 Packet Pg. 38 3.A.e ENGINEERING MEMORANDUM DATE: April 30, 2021 TO: Nancy Gundlach, AICP, PLA, Principal Planner Collier County — Growth Management Department: Zoning Services FROM: Kenrick S. Gallander, AICP Director of Planning RWA Engineering PROJECT NAME: Tamarindo PDI CAT Stop — (PL#: 20200002165) SUBJECT: Neighborhood Information Meeting —Summary A Neighborhood Information Meeting (NIM) was held on April 29, 2021, at 5:30pm at the Shepherd of the Glades Church, 6020 Rattlesnake Hammock Rd., Naples, FL 34112. Attendees are as follows: • Kenrick Gallander, Director of Planning — RWA Engineering • Blake Finnegan, Associate Planner— RWA Engineering • John Williams, Vice President — RWA Engineering • Nancy Gundlach, Principal Planner — Collier County • Please refer to the attached Sign -In Sheet and NIM ZOOM Reservation Tracker Sheet for all other attendees. Intro Summary (Started at 5:30 p.m.): Mr. Gallander began the meeting introducing himself with RWA Engineering, agent for the applicant/landowner and James Ratz from Forestar Inc, representing the Landowner. Due to the meeting being done virtually as well, he ensured those attending via Zoom could hear and see the meeting online. Once confirmed, Mr. Gallander proceeded to outline the meeting, which would include a brief presentation and following the presentation would have time for questions and answers. 6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com Page 1 of 2 K12012\ 120030.02.10 Tamorindo (Rockedge RPUD) - PDI CAT Stop \02 Sto go Two\04 Neighborhood Informafi on Meet!ng\Does for County Planner\02 Tomrindo PDI CATS top - NIM Summary docx Packet Pg. 39 F�Ginrrxi�G The presentation included a description of the subject property location and details of the property. Mr. Gallander went on to further detail and explain the existing conditions relevant to this request currently under review by Collier County. Mr. Gallander detailed the challenges and opportunities related to the CAT stop installation due to location of the stop next to a canal and minimal land area to work with to provide adequate access to the public. Finally, Mr. Gallander reviewed the request entailing amending the existing transportation commitment to provide a payment in lieu option for the developer to make to the county in order to utilize the funds in the future based on agreed upon location and design for the CAT stop and as they see fit and at the appropriate time. The next steps regarding the review process and public hearings in the future specific to this request were then outlined. Then Mr. Gallander concluded the presentation and then opened the floor for questions/comments/input from those in attendance. Questions/Comments asked or offered at the meeting: Q/C: What kind of homes are they? A: Single family detached. Q/C: How many homes are they building? r ti LO ti A: They are allowed up to 266 dwelling units. Q/C: Where on the map will the homes go? A: You can see on the map, everything within the black line is where the homes will be placed. Q/C: Will the landscaping business stay? A: Yes. Q/C: How much will the homes be? A: I do not know exactly. I am sure they will be priced according to the market. Q/C: When do they plan to start construction? A: Towards November or December. The meeting adjourned at approximately 5:54 p.m. 6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com Page 2 of 2 Packet Pg. 40 3.A.f ENGINEERING February 25, 2021 Intake Department Growth Management Division, Planning and Regulation 2800 North Horseshoe Drive Naples, FL 34104 Subject: Rockedge RPUD —Tamarindo (PDI) —Submittal #1 Insubstantial Change to a PUD Application PL20200002165 Intake Team: RWA, Inc. is pleased to submit, on behalf of our client and applicant, Forestar (USA) Real Estate Group, Inc., this Insubstantial Change to a PUD (PDI) application for the Rockedge RPUD. The PDI petition is requesting the following: 1. Amend the language of Ordinance No. 16-03, PUD Exhibit F, Transportation commitment "A." The following items are included pursuant to the pre -application meeting checklist and are submitted electronically: 01. PDI Application with a. Folio Number Attachment 02. Pre -Application Meeting Notes 03. Project Narrative and Detail of Request 04. Current Master Plan 05. Revised Master Plan (Waived per 02-05-2021 Email) 06. Revised Text Exhibit 07. PUD document with changes crossed through and underlined 08. PUD document as revised with amended Title Page with Ordinance # 09. Warranty Deeds 10. List identifying Owner & all parties of corporation 11. Affidavit of Authorization 12. Addressing Checklist 13. Property Ownership Disclosure Form 14. Location Map Page 1 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com K:\2012\120030.02.10 Tamarindo (Rockedge RPUD) - PDI CAT Stop\02 Stage Two\02 PDI Application Preparation\2021-02-XX Submittal #1 \00 Cover Letter.docx Packet Pg. 41 ENGI 3.A.f • Review Fee - PDI Review fees will be paid upon receipt of Payment Slip We look forward to your review and are available to answer questions related to this petition. Sincerely, RWA, Inc. Z' - - - - / , /'/Z� Kenrick S. Gallander, AICP Director of Planning ti LO Page 2 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com K:\2012\120030.02.10 Tamarindo (Rockedge RPUD) - PDI CAT Stop\02 Stage Two\02 PDI Application Preparation\2021-02-XX Submittal #1\00 Cover Letter.docx Packet Pg. 42 Coder County 3.A.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E & Code of Laws section 2-83 — 2-90 Ch. 3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED Name of Property Owner(s): APPLICANT CONTACT INFORMATION Forestar (USA) Real Estate Group Inc. Name of Applicant if different than owner: _ Address: 4042 Park Oaks Blvd., Suite 200 City: Telephone: E-Mail Address: Name of Agent: Kenrick S Firm: RWA, Inc Cell: Gallander. AICP Address: 6610 Willow Park Dr Telephone: 239-597-0575 City: Tampa State: FL ZIP: 33610 Fax: Naples State: FL ZIP: 34109 Cell: E-Mail Address: kgallander@consult-rwa.com DETAIL OF REQUEST Fax: On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. Revised 3/27/2018 Page 1 of 4 Packet Pg. 43 cAerC014"ty 3.A.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY INFORMATION PUD NAME: The Rockedge RPUD FOLIO NUMBER(S): PLEASE SEE ATTACHED ORDINANCE NUMBER: 16-03 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? 0 Yes ❑ No If no, please explain: Has a public hearing been held on this property within the last year? 0 Yes ❑ No If yes, in whose name? Kenrick S. Gallander, of RWA, Inc., on behalf of Forestar (USA) Real Estate Group, Inc. Has any portion of the PUD been ❑ SOLD and/or ❑ DEVELOPED? Are any changes proposed for the area sold and/or developed? ❑ Yes 0 No If yes, please describe on an attached separate sheet. Revised 3/27/2018 Page 2 of 4 Packet Pg. 44 Comer County 3.A.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 Pre -Application Meeting notes 1 ✓❑ Project Narrative, including a detailed description of proposed changes and why amendment is necessary 1 ❑ Detail of request 1 Current Master Plan & 1 Reduced Copy 1 ❑X ❑ Revised Master Plan & 1 Reduced Copy 1 ❑ ❑✓ Revised Text and any exhibits ❑ ✓ PUD document with changes crossed through & underlined ❑ ✓ PUD document as revised with amended Title Page with Ordinance # ❑ ✓ ❑ Warranty Deed ❑ ✓ ❑ Legal Description 1 ❑✓ Boundary survey, if boundary of original PUD is amended ❑ ED If PUD is platted, include plat book pages ❑ ❑ ✓❑ List identifying Owner & all parties of corporation 1 ✓ Affidavit of Authorization, signed & notarized 1 Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Copy of 8 % in. x 11 in. graphic location map of site 1 ✓ ❑ Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ❑ ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. X Revised 3/27/2018 Page 3 of 4 Packet Pg. 45 3.A.f COLLIER COUNTY GOVERNMENT Coffer County 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams and David Berra Emergency Management: Dan Summers ❑ Naples Airport Authority: Conservancy of SWFL: Nichole Johnson Other: City of Naples: Robin Singer, Planning Director Other: FEE REQUIREMENTS X PUD Amendment Insubstantial (PDI): $1,500.00 X Pre -Application Meeting: $500.00 PAID Receipt #2020788616 X Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 Same fee applies if the petition is referred to the Collier County Planning Commission, where the CCPC serves as the deciding authority instead of the HEX. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Digitally signed by Kenrick Kenrick Gallander Gallander Date: 2021.02.26 12:05:26 -05'00' Agent/Owner Signature Kenrick Gallander Applicant/Owner Name (please print) Revised 3/27/2018 02-25-2021 Date Page 4 of 4 ti ti Packet Pg. 46 3.A.f ENGINEERING The Rockedge RPUD (aka Tamarindo) Insubstantial Change to A PUD (PDI) FOLIO NUMBERS 1. 00433040006 2. 00433120007 3. 00433160009 4. 00433480006 5. 00433800000 6. 00433880004 7. 00434840001 8. 00435400000 9. 00436360000 10.00436440001 11.00436520002 12.00436600003 13.00436760008 14.00436800104 15.00436800201 16.00436800308 Page 1 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com K:\2012\120030.02.IOTamarindo (Rockedge RPUD) - PDI CAT Stop\02 Stage Two\02 PDI Application Preparation\2021-02-XX Submittal #1\01a Folio Number(s) Attachment.docx Packet Pg. 47 Co*r County 3.A.f 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: PDI DateandTime: Tuesday 11/17/2020 - 3:00 PM Assigned Planner: Nancy Gundlach Engineering Manager (for PPL's and FP's): Project Information ProjectName: Rockedge RPUD-Tamarindo (PDI ) PL#: 20200002165 Property ID #: 4 3 6 8 0 010 4, 4 3 6 8 0 0 3 0 Current Zoning: Project Address: City: Naples Applicant. Kenrick Gallander RWA, Inc. RPUD State: FL Zip: Agent Name: Kenrick Gallancer RWA, Inc. Phone: 239-597-0575 STE 200 Agent/Firm Address: 610 Willow Park Dr. City: Naples State: FL Property Owner: Forestar USA Real estate Group Inc.Suite 200 Please provide the following, if applicable: i. Total Acreage: 10 ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: Zip: 34109 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 7/11/2019 Page 1 1 of 5 Packet Pg. 48 3.A.f Cols 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. 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()naplesgov.com Allyson Holland AMHolland6a naalesgov.com Robin Singer RSinger(cDnaplesgov.com Erica Martin emartin .naplesgoy.com Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 7/11/2019 Page 1 2 of 5 LO ti r Packet Pg. 49 Co*,-r County 3.A.f 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. Comp Planning: The subject site is designated Urban, Urban Mixed Use District, Urban Residential Fringe Subdistrict on the Future Land Use Map of the Growth Management Plan. The subject site is currently zoned Rockedge RPUD. The applicant wishes to amend a Transportation Commitment to allow for a payment in lieu option to address the CAT bus shelter requirement. The GMP does not speak to amending a transportation commitment; therefore, Comp Planning does not have any concern with amending the PUD. 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. Meeting Notes ,a A. Updated 7/24/2018 Page 1-'of 5 Packet Pg. 50 Co tier County 3.A.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes Other required documentation for submittal (not listed on application): Disclaimer.- Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 7/11/2019 Page 1 3 of 5 Packet Pg. 51 Co*r County 3.A.f 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# 20200002165 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 ❑ Laurie Beard PUD Monitoring 252-5782 laurie.beard @coiliercountyfLgov ❑ Craig Brown Environmental Specialist 252-2548 craig.brown @colliercountyfLgov ❑ Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanova @colliercountyfLgov Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov Thomas Clarke Operations Coordinator 252-2584 thomas.clarke@colliercountyfl.gov ❑ Jamie Cook Prin. Environmental Specialist 252-6290 Jaime.cook@colliercountyfl.gov ❑ Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov ❑ TIE Finn, AICP Zoning Division 252-4312 timothy.finn@colliercountyfl.gov Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov ❑ Jeremy Frantz LDC Manager 252-2305 Jeremy.Frantz@colliercountyfl.gov ❑ James French Growth Management Deputy Department Head 252-5717 james.french@colliercountyfl.gov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ S rm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov Nancy Gundlach, AICP, PLA Zoning Division 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Richard Henderlong Principal Planner 252-2464 rchard.henderlong@colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov ❑ 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 @colIiercountyfLgov ❑ Gil Martinez Zoning Principal Planner 1 252-4211 gilbert.martinez@colliercountyfl.gov ❑ Thomas Mastroberto Greater Naples Fire I 252-7348 thomas.mastroberto@colliercountyfl.gov Updated 7/11/2019 Page 1 4 of 5 ti LO Packet Pg. 52 Co*.r county 3.A.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 ❑ Jac McKenna, P.E. Engineering Services 252-2911 jack. mckenna@colIiercountyfLgov Matt McLean, P.E. Development Review Director 252-8279 matthew.mclean@colliercountyfl.gov ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Annis Moxam Addressing 252-5519 annis.moxam@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov ❑ Brandy Otero Transit 252-5859 bra ndy.otero@colliercountyfLgov ❑ 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 9�7Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov ❑ Chris Scott, AICP Development Review - Zoning 252-2460 chris.scott@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov ❑ Camden Smith Zoning Operations Manager 252-1042 camden.smith@colliercountyfl.gov ❑ Mark Strain Hearing Examiner/CCPC 252-4446 mark.strain@colliercountyfl.gov ❑ Mark Templeton Landscape Review 252-2475 mark.templeton@coiliercountyfLgov ❑ Jessica Velasco Zoning Division Operations 252-2584 jessica.velasco@colliercountyfl.gov ❑ Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov ❑ David Weeks, AICP Comprehensive Planning Future Land Use Consistency 252-2306 david.weeks@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire 252-2310 Daniel.Zunzunegui@colliercountyfl.gov Additional Attendee Contact Information: Name I � - Repr senting Phone Email !1 N� �L NI Updated 7/11/2019 Page 1 5 of 5 W t( Packet Pg. 53 3.A.f Collier County Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20200002165 — Rockedge RPUD Tamarindo (PDI) (PDI) - PRE-APP IWO — Nancy Gundlach Assigned Ops Staff: Thomas Clarke Jeremy Frantz-Ops Staff) STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request o Name: Kenrick Gallander o Phone #: 239-597-0575 • Agent to list for PL# o Agent: Kenrick Gallander • Owner of property (all owners for all parcels) o Owner of property: Forestar • Confirm Purpose of Pre-App: (Rezone, etc.) LO o Amendment to RPUD (PDI) r N • Please include any Surveys, Drawings or Plans for the petition: N ti c 0 • Details about Project: Q- a o Seeking approval of an Insubstantial Change to the Rockedge RPUD (aka Tamarindo) DevelopmentLu a Commitment — Transportation "A" allowing for a "payment in lieu" option in order to satisfy the desired Collier Area Transit (CAT) bus stop and shelter associated with the project. E t a REQUIRED Supplemental Information provided by: E Name: Kenrick Gallander Title: Director of Planning r Email: keallander@consult-rwa.com a Phone: 239-597-0575 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 Nadi Horseshoe Drive • Naples, Florida 34104.239-252-2400 • www.colliergov.net Packet Pg. 54 COAT County 3.A.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the 7 I: c1 l.C1 IlagC UI JUuI III ler eSL: I Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the ercentage oT sTocK ownea by each: I Name and Address I % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the CIUtfIIIage UI Irite resL: I Name and Address I % of Ownership Created 9/28/2017 Page 1 of 3 Packet Pg. 55 Co[he-r County 3.A.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the e f. 9 jCI lCl dl d11U/U1 IIIIIILCU Pdr L11t2r.>: Name and Address % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the ri:-----I-'--'-'- R 'I i ii.ci a, .7lv 1. l\nvlucl J, UCI ICI IUdI ICJ, VI J.Jdl LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or of I Il.C1 J, 11 a l.Vl YUI dLlul1, ILI LI1CI Jr111.1, Uf LI UJL: Name and Address Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 F� a 0 a W aD aD Y V O 16 N 0 0 O O N O N J a r` 1l I- N ti N ti C O r M .Q a Q W c a� E Q r c as E �a r w Q Packet Pg. 56 3.A.f cover county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Date of option: Date option terminates: , or Anticipated closing date: I AFFIRM PROPERTY OWNERSHIP INFORMATION I 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: Agent/Owner Signature Agent/Owner Name (please print) Created 9/28/2017 Growth Management Department ATTN: Business Center � 2800 North Horseshoe Drive r Naples, FL 34104 Date Page 3 of 3 Packet Pg. 57 3.A.f Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 Pre -Application Meeting notes 1 ❑ Project Narrative, including a detailed description of proposed changes and why amendment is necessary 1 ❑ Detail of request 1 Current Master Plan & 1 Reduced Copy 1 Revised Master Plan & 1 Reduced Copy 1 Revised Text and any exhibits ❑ PUD document with changes crossed through & underlined ❑ Ll PUD document as revised with amended Title Page with Ordinance # ❑ ❑ Warranty Deed ❑ Legal Description 1 Boundary survey, if boundary of original PUD is amended ❑ If PUD is platted, include plat book pages ❑ List identifying Owner & all parties of corporation 1 Affidavit of Authorization, signed & notarized 1 Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Copy of 8 % in. x 11 in. graphic location map of site 1 ❑ Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ❑ ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Revised 3/27/2018 Page 3 of 4 Packet Pg. 58 3.A.f COLLIER COUNTY GOVERNMENT Coter County 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams and David Berra ❑ Emergency Management: Dan Summers ❑ Naples Airport Authority: ❑ Conservancy of SWFL: Nichole Johnson H Other: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: FEE REQUIREMENTS 41 PUD Amendment Insubstantial (PDI): $1,500.00 jpo c;/ P e-Application Meeting: $500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 Same fee applies if the petition is referred to the Collier County Planning Commission, where the CCPC serves as the deciding authority instead of the HEX. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Applicant/Owner Name (please print) Date ti LO r Revised 3/27/2018 Page 4 of 4 Packet P9. 59 3.A.f ENGINEERING The Rockedge RPUD (aka Tamarindo) Insubstantial Change to a PUD (PDI) Project Narrative and Detail of Request February 23, 2021 Background: This is a proposed amendment utilizing the PUD Insubstantial Change (PDI) Application process to the existing Rockedge RPUD approved February 9, 2016, through Ordinance No. 16-03. The existing RPUD allows a maximum of 266 dwelling units on 106.44± acres. Key development approvals associated with the property are as follows: • PL20180003043(Rockedge PPL) The overall subject property remains undeveloped with initial construction activity commencing and is generally located northeast of the intersection of County Road 951 (Collier Blvd.) and Sabal Palm Road in Section 23, Township 50 South, Range 26 East, Collier County. Per Ordinance No. 16-03, PUD Exhibit F, Transportation commitment "A", states, "At the request of Collier County, a Collier Area Transit (CAT) bus stop with shelter will be installed by the developer at no cost to the County. The exact location will be determined during site development plan review; however, every effort shall be made for co - utilization of the CAT stop for a school bus pick-up and drop- off. This shall be coordinated with the Collier County School District. If co- utilization is determined not to be feasible, then a site for school bus drop- off and pick-up shall be provided internal to the site." An existing CAT stop, #18, is located approximately 200 feet south of the intersection of Collier Blvd. and Sabal Palm Rd (See Attachment A). This existing stop does not provide an accessible route from the existing pedestrian pathway and does not provide any shelter or supporting infrastructure (seating, trash receptables, bike racks, etc.). To the east of the existing stop and west of the existing pedestrian pathway lies a stormwater management canal managed and maintained by the South Florida Water Management District's (SFWMD) Big Cypress Basin. During the Plans and Plat (PPL) review under Application Number PL20180003043, it became apparent that the ability to meet all the requirements of the CAT Stop development commitment was not going to Revised: June 2, 2021 Page 1 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com K:\2012\120030.02.10 Tamarindo (Rockedge RPUD) - PDI CAT Stop\02 Stage Two\03 PDI Application Support\`Norking Docs, Submittal #2\Minor Edit 2021-06-02 Response\01 Revis Request 2021-0e-02.docx Packet Pg. 60 3.A.f ENGINEERING be achievable. To appropriately fund and construct the typical CAT bus stop along Collier Blvd. is significantly impacted due to land area limitations associated with the Big Cypress Basin canal right-of- way, Collier Blvd right-of-way, and safety/design concerns raised by Collier County Transportation Operations' staff and CAT staff. Acknowledging these construction and economic factors, Collier County development review staff was understanding of these limitations and amenable to working with the applicant. The PPL approval stipulated that a CAT bus stop and shelter shall be located in the vicinity of the intersection of Sabal Palm Rd., and Collier Blvd, prior to the first CO within the Tamarindo development. This stipulation provides the applicant the opportunity to further coordinate with all stakeholders involved and to work through opportunities to ensure the purpose and intent of the PUD Transportation Commitment "A" is met. Further coordination with key stakeholders over the last few months has helped to identify two potential locations for the CAT bus in the vicinity of the Sabal Palm Road and Collier Boulevard intersection. However, with no firm agreed upon location and detailed construction plans yet to be finalized, the property owner/applicant is seeking to amend the language of Ordinance No. 16-03, PUD Exhibit F, Transportation commitment "A." The proposed amended language provides an opportunity for a payment -in -lieu option to help ensure the CAT bus stop and shelter are provided for in the future based on a finalized agreed upon location and design by all key stakeholders. This option further allows for the flexibility needed to ensure the CAT bus stop and shelter is constructed according to the County's and/or CAT's scheduled needs either through the County's Capital Improvements Program (CIP) or other governmental entity's adopted five-year program. Request: Based on the above background, this PDI petition is requested to address the following modification to the existing Ordinance No. 16-03, PUD Exhibit F, Transportation commitment "A": • At the Fequest sole discretion and decision of Collier County, prior to the first Certificate of Occupancy issuance and at no cost to the County, a Collier Area Transit (CAT) bus stop with shelter and associated access pathway will either be installed by the developer or a payment -in -lieu will instead be provided by the developer. . The Payment -in -lieu amount shall be the reasonable cost for the construction of a bus stop with shelter and associated access pathways and shall be first approved by the County Manager or their designee in coordination with CAT. The exact location will be determined during site development plan review; however, every effort shall be made for co- utilization of the CAT stop for a school bus pick-up and drop- off. This shall be coordinated with the Collier County School District. If co- utilization is determined not to Revised: June 2, 2021 Page 2 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com K:\2012\120030.02.10 Tamarindo (Rockedge RPUD) - PDI CAT Stop\02 Stage Two\03 PDI Application Support\`Norking Docs, Submittal #2\Minor Edit 2021-06-02 Response\01 Revis Request 2021-0e-02.docx Packet Pg. 61 3.A.f ENGINEERING be feasible, then a site for school bus drop- off and pick-up shall be provided internal to the site. LDC Section 10.02.13.E.1 Compliance: The following analysis identifies that the proposed request does not meet the PUD substantial change criteria per LDC Section 10.02.13.E.1: a. A proposed change in the boundary of the PUD; The PUD boundary has not changed. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; There is no increase in the total number of existing approved dwelling units (266). c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; There is no decrease by more than 5 percent or 5 acres in area for the preservation, conservation, recreation or open space areas as the requested change does not affect or impact these aspects of the proposed development. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; There are no proposed changes to nonresidential uses within the Rockedge RPUD. e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; There is no increase in the impacts of the proposed development. Density and unit count (266 dwelling units) remain consistent per Ordinance No. 16-03. Revised: June 2, 2021 Page 3 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com K:\2012\120030.02.10 Tamarindo (Rockedge RPUD) - PDI CAT Stop\02 Stage Two\03 PDI Application Support\`Norking Docs, Submittal #2\Minor Edit 2021-06-02 Response\01 Revis Request 2021-0e-02.docx Packet Pg. 62 3.A.f ENGINEERING f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; No change is proposed that will result in land use activities that generate a higher level of vehicular traffic. The land use activities proposed remain consistent with those per approved under Ordinance No. 16-03. g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges, Based on the conceptual nature of the master plan and the proposed text change, there is no result in the requirement for increased stormwater retention or increased stormwater discharge. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use, There is no change proposed that will bring about a relationship to an abutting land use that would be incompatible. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; The proposed amendment to the PUD document or ordinance specific to the transportation commitment will not increase the approved density of 2.5 units per acre. The number of proposed dwelling units remains the same at 266 units for the 106.44+/- acre property, which equates to 2.5 units per acre. The proposed text change to the PUD document specific to the transportation commitment is consistent with the Growth Management Plan (GMP). The proposed residential planned unit development (RPUD) remains compatible and complementary to existing and future surrounding land uses as required in Policy 5.6 of the Growth Management Plan's (GMP) Future Land Use Element (FLUE). Compatibility is achieved through maintaining the proposed Revised: June 2, 2021 Page 4 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com K:\2012\120030.02.10 Tamarindo (Rockedge RPUD) - PDI CAT Stop\02 Stage Two\03 PDI Application Support\Working Docs, Submittal #2\Minor Edit 2021-06-02 Response\01 Revis Request 2021-06-02.docx Packet Pg. 63 3.A.f ENGINEERING residential land uses, the placement of land use buffers, and the proposed development standards as currently approved. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or This criterion is not applicable as the Rockledge RPUD is not a "development of regional impact (DRI) and approved pursuant to F.S. § 380.06., and the proposed modifications/amendment do not meet the criterion of F.S. § 380.06(19)(e)2. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. Based on the analysis of the criteria described above that establishes "substantial modification" per LDC Section 10.02.13.E.1, there is no modification proposed that is deemed substantial. Revised: June 2, 2021 Page 5 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com K:\2012\120030.02.10 Tamarindo (Rockedge RPUD) - PDI CAT Stop\02 Stage Two\03 PDI Application Support\`Norking Docs, Submittal #2\Minor Edit 2021-06-02 Response\01 Revis Request 2021-0e-02.docx Packet Pg. 64 J Q Z U) LU to LU J a�. JW Yn G m az Z J ZZ NW U EXHIBIT "A" \1 JOHN'S ROAD --t \�- - - ZONING: TTRVC CURRENT LAND USE: RV PARK 1 , I I PROPERTY BOUNDARY I 15' TYPE 20' A - AGRICULTURAL "B" BUFFER LIME (SCATTERED SINGLE FAMILY RESIDENTIAL) L 20' AMITY RD ESMT. & MAINT. AGREEMENT OR 2826 PG. 2485 R RA. P 0 LEGEND RESIDENTIAL RECREATIONAL AREA PRESERVE TRAFFIC FLOW PATTERN DEVIATIONS WATER MGMT LAKE 3.A.f 5' DRAINAGE SWALE ESMT. N ® ARCHEOLOGICAL AREA & MAINT. AGREEMENT O.R. 2826 PG. 2485 ON P. 1 PRESERVE/CONSERVATION \ F t J EASEMENT AREA D_ W Q BOUNDARY MARKER 0 10 15' TYPE R W d I 15' TYPE "D" BUFFER LU LAND USE SUMMARY d' "D'rBTJ IT M PRIVATE RIGHT OF WAY_ T_ UA _ _, 131 _ 15' TYPE _� �Z TRACT LAND USE ACRES Y �i R 'B" BUFFER = U TRACT "R" RESIDENTIAL 5812 el 113 - -- - - - - - - -- ------- - - - -I-- TRACT "RA" RECREATIONAL AREA 2.33± O I LO I O ZONING:A - A RICULTURE TRACT „L., LAKE / WATER 9.30± O III CURRENT LAND USE: SINGLE FAMILY MANAGEMENT AREA N (71 RESIDENTIAL, VACANT LAND RIGHT OF WAY/ O iI +i ' ACCESS DRIVE 1249± O O I 15' TYPE CD IIF "B" BUFFER PROPERTY BOUNDARY TRACT 7' PRESERVE AREA 2420± II� TOTAL AREA 106.44± J Q' L - MAXIMUM DENSITY: (L I R 15' TYPE 266 RESIDENTIAL DWELLING UNITS 2 II "B" BUFFER 170' FPL 160 DWELLING UNITS DERIVED FROM BASE DENSITY; 106 FROM TDR's ti EASEMENT OR. 678 IRPUD MASTER PLAN NOTES: WITHIN THE RBOUNDARIES THERE WILL BE A MINIMUI 3 20' TYPE D" BUFFER I 120' r' LME JJ 1 J r' I ' R t' PG. 1765 1 OF 60% OPEN SPACE- N PROPERTY �~ 2. THE FACILITIES AND IMPROVEMENTS SHOWN ON THIS PUC N BOUNDARY MASTER PLAN SHALL BE CONSIDERED CONCEPTUAL IN NATURE 3 THE DESIGN, LOCATION, AND CONFIGURATION OF THE C ZONING: A -AGRICULTURE LAND IMPROVEMENTS SHALL BE DEFINED AT EITHER PRELIMINARY SUBDIVISION PLAT APPROVAL, OR R CURRENT LAND USE: SINGLE FAMILY v RESIDENTIAL, VACANT LAND ' CONSTRUCTION PLANS AND PLAT APPROVAL. REQUIRED PRESERVE2129 AC (251 O F THE B S 17 A OF •CL I� L I L 10' TYPE 15' TYPE t I "A" BUFFER "B" BUFFER ■' I R POTENTIAL FUTURE 1 I INTERCONNECTION 10' TYPE "A" BUFFER C ZONING: A - AGRICULTURAL O.R. 321 PG, 259 N 1,, CURRENT LAND USE: NURSERY ESMT. TO REMAIN Z E a V wl r -PROPERTY BOUNDARY In \.r Q ZONING: A - AGRICULTURAL/MELROSE ROW CURRENT LAND USE: NURSERY SABAL PALM ROAD ZONING: PUD, WINDING CYPRESS CURRENT LAND USE: RESIDENTIAL, VERONA WALK up�LFE13.,202 YEN 1" = 300 DLP 6610 Willow Park Drive, Suite 2001 Naples, Florida 34109 (239) DES16NEU By RWA 597-OS7S FAX: (239) 597-0578 vnvw. Consult-nua. com Florida Certificates of Authorization EB 7663 LS 6952 23 SOS o CLIENT: L'" : D.R. HORTON, INC. TITLE: ROCKEDGE RPUD MASTER PLAN PROTECT 120030.02.02 SHEET 1 2 FILE 1200300202 MCP 26E NUMBER: NUMBER: OF NUMBER: _ February11,20202120MK120121I2W3CD202Aokedge ➢DI10002PDIAPPIi[abon Ple lti.,ICA011200300202MCPdV Packet Pg. 65 3.A.f ZONING: PUD, COLLIER REGIONAL ZONING:MPUD, HACIENDA LAKES MEDICAL CENTER CURRENT CURRENT LAND USE: SINGLE FAMILY LAND USE: PRESERVE i RESIDENTIAL SUB -DIVISION r------ 15' TYPE ' R- ZONING: A -AGRICULTURE I O' ROADWAY ESMT I "D" BUFFER I T CURRENT LAND USE: SINGLE ' OR. 635 PG. 1273 - - - 15' TYPE FAMILY RESIDENTIAL I I R ', _ —"B" BUFFER I 1 I I I R 15' TYPE O I P I "B" BUFFER I ZONING: MPUD, HACIENDA LAKES CURRENT LAND USE: SINGLE FAMILY �� RESIDENTIAL d I -r R / I SUBDIVISION 0 ^' I I I---- 0 C— U.�� I ' — a I W ' R I �, ! 1 I CD _ —— I r I I ` ZONING: A- AGRICULTURE (D to - _ = I '3 LME I I I CURRENT LAND Y yWj I 3.rr,rr- 1 I I I USE: SINGLE Vp I I R FAMILY Z I I I I I I I RESIDENTIAL = 1 I I \--------, I J I PROPERTY I JJ J I BOUNDARY No R I o PRIVATE RIGHT OF WAY — — l P A - AGRICULTURE CDRVT _ _ _ I CURRENT LAND USE: NO 15' TYPE R 15' TYPE f I VACANT LAND J N "B" BUFFER "B" BUFFER I I CL ------------ ---- --, I`— --�— — — — — — — — — ZONING: A -AGRICULTURE / I ) �[ CURRENT LAND USE: SINGLE FAMILY / I I PROPERTY BOUNDARY RESIDENTIAL, VACANT LAND 15' TYPE "B" BUFFER R R ZONING: A - AGRICULTURE ~ C PROPERTY BOUNDARY R I CURRENT LAND USE: NURSERY I SINGLE O I I I FAMILY RESIDENTIAL 15' TYPE v 1S' TYPE "B" BUFFER Q 15' TYPE i "B" BUFFER "D" BUFFER O 1 I Q G�►,,' - ---r LEGEND 20' R RESIDENTIAL C LMEIII / POTENTIAL FUTURE BICYCLE/ v /' PEDESTRIAN INTERCONNECTION RA RECREATIONAL AREA r �' • = s;' R ZONING: A - AGRICULTURE PRESERVE Q P 4— 1'TYPE "D"BUFFER CURRENT LAND USE: NURSERY 15' TYPE TRAFFIC FLOW PATTERN N R i I R I "B" BUFFER O5 DEVIATIONS ' I¢ I I I RA BOUNDARY WATER MGMT LAKE � r .a L Q BUFFER 20 TYPE PER LDC ARCHEOLOGICAL AREA a "D" BUFFER ZONING: A - AGRICULTURE W I BUFFER CURRENT LAND USE: VACANT F. - . ' . 1 PRESERVE/CONSERVATION L _ - - - PER LDC LAND t--_ _ J EASEMENT AREA z SABAL PALM ROAD BOUNDARY MARKER DATEFEB.,2020 CLIENT: D.R. HORTON, INC. J 1" = 300' Q"� gy TITLE ROCKEDGE RPUD MASTER PLAN ENGINEERING DLP 6610 Willow Park Drive, Suite 2001 Naples, Florida 34109 (239) 597-0575 FAX:(239)597-0578 RWA www consult-rwa com PROJECT SHEET FILE 120030 OZ.O2 2 2 120O3OOZO2 MCP Florida Certificates of Authorization EB 7663 LB 6952 23 505 26E NUMBER: NUMBER: OF NUMBER: Feb q,11,2020272PMK1201211200300202Ro*t ge PD110002PDIAppliral P,epa,aiionCAD11200300202MCGGwg Packet Pg. 66 3.A.f From: GundlachNancv To: Ken Gallander Subject: RE: Pre-App Supplemental Form for Rockedge RPUD Tamarindo (PDI) - PL20200002165 - Tuesday 11/17 /20 3:00 PM Date: Friday, February 5, 2021 10:40:57 AM Attachments: image001.pnna Hi Ken, The proposed language change should not affect the Master Plan. However, we will still need a copy of the current Master Plan to include in the Staff Report. Respectfully, Nancy Gundlach, AICP, PLA Principal Planner Zoning Services (239)252-2484 Nancy.Gundlach@colliercountyfl.gov From: Ken Gallander <kgallander@consult-rwa.com> Sent: Friday, February 5, 2021 9:31 AM To: Gundlach Nancy <Nancy.Gundlach@colliercountyfl.gov> Subject: RE: Pre-App Supplemental Form for Rockedge RPUD Tamarindo (PDI) - PL20200002165 - Tuesday 11/17 /20 3:00 PM EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Nancy, Hope all is well. Quick question. Do we need to provide a revised master plan? You had indicated on the pre-app notes that a revised Master Plan is needed for this PDI. We aren't changing any aspects of the plan but are proposing text change to the ordinance language to modify the transportation commitment. Thanks! Ken Ken Gallander, AICP Packet Pg. 67 3.A.f JRWA' ENGINEERING Director of Planning MAIN OFFICE 239.597.0575 DIRECT LINE 239.260.4330 CELL 1850.803.5621 EMAIL I KGallander&consult-rwa.com From: GundlachNancy <Nancy.Gundlach(@colliercountyfl.gov> Sent: Tuesday, November 17, 2020 9:54 AM To: Ken Gallander <kgallander(@consult-rwa.com> Cc: ThomasClarkeVEN <Thomas.Clarke(@colliercount)lfl.gov> Subject: RE: Pre-App Supplemental Form for Rockedge RPUD Tamarindo (PDI) - PL20200002165 - Tuesday 11/17 /20 3:00 PM Hi Ken, Please disregard the message below. I found a hard copy of the notes indicating this is a request to revise a CAT commitment. Respectfully, /VQI(G6t Nancy Gundlach, AICP, PLA Principal Planner Zoning Services (239)252-2484 Nancy.Gundlachi@colliercountyfl.gov From: GundlachNancy Sent: Tuesday, November 17, 2020 9:34 AM To: Ken Gallander <kgallander(@consult-rwa.com> Cc: ThomasClarkeVEN <Thomas.Clarke(@colliercount)lfl.gov> Subject: RE: Pre-App Supplemental Form for Rockedge RPUD Tamarindo (PDI) - PL20200002165 - Tuesday 11/17 /20 3:00 PM Hi Ken, Packet Pg. 68 3.A.f Are you adding 10 acres into the Rockedge PUD? If so, this is a PUD Rezone, not a PDI. Please advise. Respectfully, Respectfully, Nancy Gundlach, AICP, PLA Principal Planner ofr Couvay Nancy.Gundalch@CollierCountyFL.aov Growth Management Department Zoning Division 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.2484 Visit https://www.colliercountyfl.aov�your government/divisions-s-z/zoning-division/zoning-services- section to learn more about us. From: Ken Gallander <kgallander(@Consult-rwa.com> Sent: Monday, November 16, 2020 5:08 PM To: ThomasClarkeVEN <Thomas.Clarke(@colliercountyfl.gov> Cc: GundlachNancy <Nancy.Gundlach(@colliercount)lfl.gov>; FrantzJeremy <Jeremy.Frantz(@colliercountyfl.gov>; AlexandraCasanovaVEN <Alexandra.Casanova(@ col Iiercountyfl.gov> Subject: RE: Pre-App Supplemental Form for Rockedge RPUD Tamarindo (PDI) - PL20200002165 - Tuesday 11/17 /20 3:00 PM EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Thomas, Sorry for the delay response. See attached form. We would like to attend via Bridge Conf. Call. Packet Pg. 69 3.A.f Thank you. Ken Gallander, AICP Director of Planning OFFICE 1239.597.0575 CE_L 1850.803.5621 ENGINEERING EMAIL I KGallander&consult-rwa.com From: ThomasClarkeVEN <Thomas.Clarke(@colliercount)zfl.gov> Sent: Friday, November 13, 2020 4:03 PM To: Ken Gallander <kgaIlanderPconsult-rwa.com> Cc: GundlachNancy <Nancy.Gundlach(@colliercountyfl.gov>; FrantzJeremy <Jeremy.Frantz(cDcolliercountyfl.gov>; AlexandraCasanovaVEN <Alexandra.Casanova(@col Iiercountyfl.gov> Subject: Pre-App Supplemental Form for Rockedge RPUD Tamarindo (PDI) - PL20200002165 - Tuesday 11/17 /20 3:00 PM Importance: High Good Afternoon Ken, **Sorry for the short notice** I have received a request for a Zoning Pre -Application meeting for Rockedge RPUD Tamarindo (PDI) - PL20200002165. I have attached a Supplemental Form for you to complete and return to me as soon as possible along with any additional Plans, Surveys etc. that would be helpful to our Planner in preparing for the meeting. Your virtual meeting is scheduled for Tuesday 11/17/2020 3:00 PM. ** Please confirm if you would like the meeting to be held remotely by SKYPE or Bridge conference call. * * Feel free to email me with any questions. Thank you. Packet Pg. 70 3.A.f Operations Coordinator - Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone:239-252-2526 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning Exceeding Expectations Everyday Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 71 3.A.f ENGINEERING The Rockedge RPUD (aka Tamarindo) Insubstantial Change to a PUD (PDI) REVISED TEXT EXHIBIT EXISTING Ordinance No. 16-03, PUD Exhibit F, Transportation commitment "A": At the request of Collier County, a Collier Area Transit (CAT) bus stop with shelter will be installed by the developer at no cost to the County. The exact location will be determined during site development plan review; however, every effort shall be made for co- utilization of the CAT stop for a school bus pick-up and drop- off. This shall be coordinated with the Collier County School District. If co- utilization is determined not to be feasible, then a site for school bus drop- off and pick-up shall be provided internal to the site. PROPOSED Ordinance No. 16-03, PUD Exhibit F, Transportation commitment "A": N 0 At the Feques-t sole discretion and decision of Collier County, prior to the first Certificate of Occupancy N J issuance and at no cost to the County, a Collier Area Transit (CAT) bus stop with shelter and associated a access pathway will either be installed by the developer or a payment -in -lieu will instead be provided by LO the developer. at ne cost t the G „nty. The payment -in -lieu amount shall be the reasonable cost for the construction of a bus stop with shelter and associated access pathways and shall be first approved by the N County Manager or their designee in coordination with CAT. The exact location will be determined during N site development plan review; however, every effort shall be made for co- utilization of the CAT stop for c a school bus pick-up and drop- off. This shall be coordinated with the Collier County School District. If co- g r utilization is determined not to be feasible, then a site for school bus drop- off and pick-up shall be provided internal to the site. a Revised: June 2, 2021 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com Page 1 K:\2012\120030.02.10 Tamarindo (Rockedge RPUD) - PDI CAT Stop\02 Stage Two\03 PDI Application Support\`Norking Docs, Submittal #2\Minor Edit 2021-06-02 Response\02 Revised Text Exhibit 2021-06-02.docx Packet Pg. 72 3.A.f EXHIBIT F Rockedge Residential Planned Unit Development DEVELOPMENT COMMITMENTS PUD MONITORING: One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Watermen at Rockedge Naples, LLC or its assigns. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. Commencing with submittal of the first development order that utilizes TDR credits, a TDR a calculation sheet shall be submitted documenting that the owner has acquired all TDR credits needed for that portion of the development. The calculation sheet tracks the chronological assignment of TDR credits with respect to all subsequent development orders until the maximum density allowed by the utilization of TDR credits has been reached (all TDR credits allowing residential development reach a zero balance). N TRANSPORTATION: A. At the request sole discretion and decision of Collier County, prior to the first Certificate of Occupancy issuance and at no cost to the County, a Collier Area Transit (CAT) bus stop with shelter and associated access pathway_will either be installed by the developer or a payment -in -lieu will instead be provided by the developer. t r� �� The payment -in -lieu amount shall be the reasonable cost for the construction of a bus stop with a w shelter and associated access pathways and shall be first approved by the County Manager Q or their designee in coordination with CAT. The exact location will be determined during site development plan review; however, every effort shall be made for co- utilization of the CAT stop for a school bus pick-up and drop- off. This shall be coordinated with the Collier County School District. If co- utilization is determined not to be feasible, then a . site for school bus drop- off and pick-up shall be provided internal to the site. a Page 1 of 1 12-09-2015 Rockedge RPUD PL# 2014.2246 Revised: June 2, 2021 Packet Pg. 73 3.A.f HEX RESOLUTION NO. 21-XX TITLE (TO BE FINALIZED) a a� a� m Y V O w t0 N O O O O N O N J d a Packet Pg. 74 3.A.f EXHIBIT F Rockedge Residential Planned Unit Development DEVELOPMENT COMMITMENTS PUD MONITORING: One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Watermen at Rockedge Naples, LLC or its assigns. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. Commencing with submittal of the first development order that utilizes TDR credits, a TDR a calculation sheet shall be submitted documenting that the owner has acquired all TDR credits needed for that portion of the development. The calculation sheet tracks the chronological assignment of TDR credits with respect to all subsequent development orders until the maximum density allowed by the utilization of TDR credits has been reached (all TDR credits allowing residential development reach a zero balance). N TRANSPORTATION: A. At the request of Collier County, a Collier Area Transit (CAT) bus stop with shelter will either be installed by the developer or a payment -in -lieu will be provided by the developer for future construction of the required bus stop with shelter prior to the first Certificate of Occupancy issuance at no cost to the County. The exact location will be determined during site development plan review; however, every effort shall be made for co -utilization of the CAT stop for a school bus pick-up and drop-off. This shall be coordinated with the Collier County School District. If co -utilization is determined not to be feasible, then a site for school bus drop-off and pick-up shall be provided internal to the site. B. The owner, and its successors or assigns will be responsible a proportionate share of signalization and intersection improvements at Sabal Palm Road and Collier Boulevard (CR 951), when warranted. C. The Rockedge PUD Transportation Impact Study was based on a development scenario of 266 single-family detached units. The total trip generation was estimated in the TIS to be 253 PM peak hour two-way external trips based on ITE trip generation rates. The development scenario of 266 single-family detached units may change. However, the Page 2 of 4 12-09-2015 Rockedge RPUD PL# 2014.2246 Revised: February 5, 2021 Packet Pg. 75 3.A.f EXHIBIT F Rockedge Residential Planned Unit Development Project's estimated trip generation will not exceed a maximum of 253 PM peak hour two- way external trips. D. At the time of the first Site Development Plan, at locations where potential future vehicular and/or non -vehicular interconnection/interconnection points are indicated on the PUD Master Plan, owner shall provide vehicular and/or non -vehicular interconnectivity with abutting roadways and between adjoining sites, when feasible. If interconnection efforts are unsuccessful, the owner shall provide, as part of the SDP submittal, all correspondence between the parties involved to sufficiently document efforts to obtain interconnections. ENVIRONMENTAL: A. Project has 81.81 acres of native vegetation. 3.36 acres of non-native area have been included in the native vegetation preserve requirements due to a past clearing violation by previous owners. Native vegetation requirement is based on the 81.81 acres plus the 3.36 acres or 85.17 acres total. 25% of 85.17 results in a preserve requirement of 21.29 acres. The project is preserving 24.2 acres which is more than required. ARCHAEOLOGICAL: In 2014, a Phase I cultural resource assessment of the site was conducted by Robert S. Carr, M.S., of the Archeological and Historical Conservancy, Inc. This assessment (A Phase I Cultural Resource Assessment of the Rockedge Parcel, AHC Technical Report #1024) is a revised and expanded phase of work that follows a 2003 assessment of a portion of the Rockedge parcel. Seven N previously recorded sites (CR726, CR873, CR874, CR875, CR896, CR897, CR898) and two N previously unrecorded sites (CR1371, CR1372) were documented. Based on the discovery of CR1371, a small black earth midden, a Phase II assessment was completed and the report (A Phase II Cultural Resource Assessment of Rockedge #2, Site 8CR1371, AHC Technical Report #1044). .0 Letters concurring with the findings, results, and recommendations (including Phase III mitigation) a of the two reports were received on 12/31/15 and 3/04/15 respectively. a In accordance with the Phase 1 assessment: A. Prior to any clearing or grubbing activities within 100 feet of the archaeological preserves labeled "to be preserved" or "designated for Phase 3 mitigation" on the Archaeological Site Locations Map, a temporary construction fence shall be placed around the preserve areas and around the site labeled "designated for Phase 3 mitigation" if that site has not already been mitigated. B. Any clearing of exotic vegetation within the archaeological preserve labeled "to be preserved" or "designated for Phase 3 mitigation", if not already mitigated, on the Archaeological Site Locations Map shall be conducted by hand. No mechanical equipment shall be used within the archaeological preserves for clearing or debris removal. C. All activities of clearing, grubbing, and subsurface alterations such as digging for utilities ditches, water management lakes, roads and the like that are located within 90 feet of the Page 3 of 4 12-09-2015 Rockedge RPUD PL# 2014.2246 Revised: February 5, 2021 Packet Pg. 76 3.A.f EXHIBIT F Rockedge Residential Planned Unit Development archaeological preserves labeled "to be preserved" or "designated for Phase 3 mitigation" on the Archaeological Site Locations Map and archaeological sites labeled "not eligible to be preserved" on the Archaeological Site Locations Map shall be subject to archaeological monitoring. D. The site plan shows archaeological areas within the preserves labeled "to be preserved" or "designated for Phase 3 mitigation" on the Archaeological Site Locations Map. No storage of fill, equipment or supplies shall be placed in the archaeological areas within the native vegetation preserve. E. Should any replanting or landscaping be permitted or required within the archaeological preserves labeled "to be preserved" or "designated for Phase 3 mitigation" on the Archaeological Site Locations Map, such activity shall be coordinated with and monitored by an archaeologist. F. If any archaeological features or artifacts are discovered during construction or development activities in the Rockedge RPUD, all development and construction activities shall cease at that location until the site has been examined by an archaeologist and necessary efforts to protect and/or document such resources have been implemented. G. If additional human remains are discovered within the Rockedge RPUD, then the provisions of Florida Statutes Section 872.05—laws governing the treatment of unmarked human LO burials —shall apply. N ti N I- C O r O V N' W .r C GN E t c� O r r Q r-� C O E t V r� r� Q Page 4 of 4 12-09-2015 Rockedge RPUD PL# 2014.2246 Revised: February 5, 2021 Packet Pg. 77 INSTR 5930097 OR 5822 PG 2072 E—RECORDED 9/29/2020 1:43 PM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $91,175.00 REC $35.50 CONS $13,025,000.00 Prepared by and return to: Thomas H. Gunderson Attorney at Law HENDERSON, FRANKLIN, STARNES & HOLT, P.A. 1715 Monroe Street Fort Myers, FL 33901 239-344-1100 Fite Number: TUG 15165-121 [Space Above This Line For Recording Special W., arraty"Wed This Special Warranty Deed made this 28t -o a 020 between Watermen at Rockedge Naples, LLC a Florida limited liability company w Sevilla Avenue Coral Gables FL 33134 grantor, and Forestar (USA) Real Estate a Delaware co whose post office address is 4042 Park Oaks Boulevard, Suite 200, Tampa, FL 64M rantee: (Whenever used herein the terms grantor and gi the successors and assigns of corporations, trusts to this msffftenkand the hems, legAq representatives, and assigns of individuals, and Witnesseth, that said grantor, for 4nd iq c sid ati n f s �1D NO/ 00 DOLLARS ($10.00) and other good and valuable considerations to s ' t i i s gran e, the 1' t whereof is hereby acknowledged, has granted, bargained, and sold to th gra ee, an rant s s an as rever, the following described land, situate, lying and being in Collier Con orida, to -wit: A PARCEL OF LAND LYIN ECTION 23, TOWN 50 OUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA ORE PARTIC ESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF V IIIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE 9"ff'S l�'E FOR 664.25 FEET ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23 TO AN INTERSECTION WITH THE WEST LINE OF TRACT "Fl" OF THE PLAT OF ESPLANADE AT HACIENDA LAKES AS RECORDED IN PLAT BOOK 55, PAGE 1, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S01014'38"W FOR 675.75 FEET ON SAID WEST LINE OF TRACT "Fl" TO THE SOUTHWEST CORNER OF SAID TRACT "Fl"; THENCE S01014'14"W ON THE EAST LINE OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF SAID SECTION 23 FOR 675.73 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S89042'08"W ON THE SOUTH LINE OF SAID FRACTION FOR 662.30 FEET TO AN INTERSECTION WITH EAST LINE OF A PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 4466, PAGE 3476, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE THE FOLLOWING FIVE BEARINGS AND DISTANCE ON THE EAST AND SOUTH LINES OF SAID PARCEL: 1. S01009'56"W FOR 617.91 FEET; 2. N89034'54"W FOR 300.19 FEET; 3. S01009'09"W FOR 435.95 FEET; 4. N89034'09"W FOR 150.16 FEET; DoubleTimes Packet Pg. 78 OR 5822 PG 2073 3.A.f Parcel Identification Numbers: 00433040006, 00433120007, 00433160009, 00433480006, 00433800000, 00433880004, 00434840001, 00435400000, 00436360000, 00436440001, 00436520002, 00436600003, 00436760008, 00436800104, 00436800201, and 00436800308 Subject to taxes for 2020 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any. 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 claiming by, through or under grantors. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: _ Watermen at oeke e Naples, LLC, a Florida limited Witness Name: c€ `M�dal P4@ CrWitness Name: _m. -" K State of Florida County of OfN c,,, es The foregoing instrument was acknowledged before me by means of [X] physical presence or [J online notarization, this A day of September, 2020 by Eddy Garcia, Manager of Watermen at Rockedge Naples, LLC, a Florida limited liability company, on behalf of said firm. He is personally known or [I has produced a driver's license as identification. [Notary Seal] Notary Public ` 4y a Notary pubNc State of Florida Printed Name: Maria D Garda My Commission GG 106958 OF Expires o6ltis1�021 My Commission Expires: (f t� g Special Warranty Deed - Page 4 DoubleT ime® Packet Pg. 79 OR 5822 PG 2074 3.A.f 5. N89038'05"W FOR 210.56 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF (E-1/2) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N01005'19"E ON SAID WEST LINE FOR 43.72 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF (S-1/2) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N89048'02"W ON SAID NORTH LINE FOR 15.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF PARCEL 1 AS RECORDED IN OFFICIAL RECORDS BOOK 4970, PAGE 3362, SAID PUBLIC RECORDS; THENCE THE FOLLOWING FOUR BEARINGS AND DISTANCES ON THE SOUTH, WEST AND NORTH LINES OF SAID PARCEL 1: 1. S01005'19"W ON SAID EAST LINE FOR 303JM -UT; 2. N89037'28"W FOR 645.47 FEET; 3. N01001'07"E FOR 302.01 FEET t � 4. S89047'35"E FOR 30.00 FEE ` INTERSECTI W% THE WEST LINE OF SAID PARCEL OF LAND RECO E OFFICIAL RECORD BO K 4466, PAGE 3476, SAID PUBLIC RECORDS; ` , „, THENCE THE SAID PARCEL: THE WEST LINE OF I. N01001'01"E FOR 218.98 2. N52035'40"E FOR 646.23 3. N40029'08"W FOR 30.05 ! 4. N49040'54"E FOR 22.10 F _ / 5. THENCE N36022'15"E FOR .4 EET TO AN INTER WITH THE SOUTH LINE OF THE NORTHEAST QUAR 4) OF THE EST QUARTER (SW-1/4) OF SAID SECTION 23;7. THENCE S89042'08"W ON SAID SOUTH LINE FOR 785.71 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N01001'01"E FOR 332.01 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S89032'04"W FOR 994.18 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S00054'12"W FOR 329.09 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N89042'08"E FOR 331.15 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; Special Warranty Deed - Page 2 DoubleTime° Packet Pg. 80 *** OR 5822 PG 2075 *** 3.A.f THENCE S00056'29"W FOR 660.13 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N89057'42"W FOR 330.68 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S00054'12"W FOR 329.09 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N89047'35"W ON THE SOUTH LINE OF SAID FRACTION FOR 230.44 FEET TO AN INTERSECTION WITH A LINE 100__EEET--' EAST OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL iI E OF SAID SECTION 23; THENCE N00051'53"E ON S EL WITH THE NORTH LINE OF TI0 THFOR E WEST QUART 1/4) OFT ET TO ANE INTERSECTION T QUARTER (SW-1/4) OF T E T UER -1/ OF THE SOUTHWEST QUARTER (SW-1/4) OF SA S CT Nam; THENCE N89022'01"E F R 9 .8 �E IE WE T CORNER OF THE NORTHEAST QUARTE (N -1 ) E i E Q AR ER (SE-1/4) OF THE NORTHWEST QUARTE O QiM ER (SW-1/4) OF SAID SECTION 23; 1 THENCE N00058'45"E FO _ 08 FEET TO T N ST CORNER OF THE NORTHEAST (NE-1/4) OF HEAST QUARTET /4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE S T QUARTE - OF SAID SECTION 23; THENCE N89001'58"E FOR 996.40 F _ HWEST CORNER OF THE EAST HALF (E-1/2) OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S01'05'30"W ON THE WEST LINE OF SAID FRACTION FOR 328.19 FEET TO AN INTERSECTION WITH A LINE 328.19 FEET SOUTH OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE NORTH LINE OF SAID FRACTION; THENCE N89'01'53"E ON SAID PARALLEL LINE FOR 663.85 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE EAST HALF (E-1/2) OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N01o10'38"E ON SAID EAST LINE FOR 328.19 FEET TO THE POINT OF BEGINNING. LESS THAT PART OF THE ABOVE DESCRIBED PROPERTY CONTAINED IN DEED RECORDED IN O.R. BOOK 321, PAGE 259, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST TO BEAR NORTH 89001'58" EAST. Special Warranty Deed - Page 3 Dou bl eT ime� Packet Pg. 81 3.A.f DIVISION OF CORPORATIONS mow► official Slaty of Firrrida websiee Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Profit Corporation FORESTAR (USA) REAL ESTATE GROUP INC. Filing Information Document Number F17000005180 FEI/EIN Number 74-1213624 Date Filed 11/15/2017 State DE Status ACTIVE Principal Address 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 Changed: 08/17/2018 Mailing Address 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 Changed: 08/17/2018 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 Officer/Director Detail Name & Address Title EXECUTIVE CHAIRMAN, Director TOMNITZ, DONALD J 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 Title CEO BARTOK, DANIEL C. 10700 PECAN PARK BLVD. Packet Pg. 82 1 I 3.A.f I SUITE 150 AUSTIN, TX 78750 Title Asst. Secretary, VP MONTANO, THOMAS B 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 Title SENIOR VICE PRESIDENT, REAL ESTATE AND CORPORATE COUNSEL, ASSISTANT SECRETARY STARK, MATTHEW S. 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 Title VP, REAL ESTATE COUNSEL BLYTHE, BRIAN M. 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 IIm1m•Ato] au:126y1.]2101IsIFTAX _�011.7_N&9�"Ir_I►INN:1mr-AIRil1:121V HARRIS, ANDREW D. 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 rrmraito] awV26yu»012ai►r_l101[.]r_l0wW_I►nin►ew_vux_l►r_lW&y6"] KITCHEN, KATHERINE 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 KLINKE, JUSTINE 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 Title VICE PRESIDENT REAL ESTATE INVESTMENTS & DEVELOPMENT COLAVITA, MALLIE M. 10700 PECAN PARK BLVD SUITE 150 AUISTN, TX 78750 Title VICE PRESIDENT REAL ESTATE INVESTMENTS & DEVELOPMENT Packet Pg. 83 I 3.A.f I MABERRY, JOHN S. 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 Title SENIOR VICE PRESIDENT AND PRESIDENT FLORIDA REGION APARICIO, NICOLAS R. 10700 PECAN PARK BLVD. SUITE 150 AUSTIN, TX 78750 Title Vice President - Real Estate Investments & Development Dorsey, Jasper T. 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 Title Vice President - Real Estate Investments & Development Konderik, Brian D. 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 Title Vice President - Real Estate Investments & Development Squitieri, Anthony J. 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 Title Vice President - Real Estate Investments & Development Wicker, Sarah 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 Title Senior Vice President and President East Region Walker, Mark S. 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 Title VICE PRESIDENT REAL ESTATE INVESTMENTS & DEVELOPMENT MASASCHI, ERIC 10700 PECAN PARK BLVD. SUITE 150 AUSTIN, TX 78750 Packet Pg. 84 1 I 3.A.f I Title VICE PRESIDENT REAL ESTATE INVESTMENTS & DEVELOPMENT TYREE, CHRIS 10700 PECAN PARK BLVD. SUITE 150 AUSTIN, TX 78750 Title CFO, Treasurer, Executive Vice President Allen, James D. 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 Title Senior Vice President, President South Central Region Cude, Ian 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 Title Secretary, VP Dagley, Ashley 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 Title Vice President - Real Estate Investments & Development Napier, Matthew R. 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 Title Vice President - Real Estate Investments & Development Pape, Jeffery 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 Title Vice President - Real Estate Investments & Development Schumacher, Bret 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 Title Vice President - Real Estate Investments & Development Williams, Patrick J. Packet Pg. 85 10700 PECAN PARK BLVD, SUITE 150 AUSTIN, TX 78750 Annual Reports Report Year Filed Date 2019 01 /28/2019 2019 05/01 /2019 2020 05/01 /2020 Document Images 05/01/2020 -- ANNUAL REPORT View image in PDF format 08/16/2019 -- AMENDED ANNUAL REPORT View image in PDF format 05/01/2019 -- AMENDED ANNUAL REPORT View image in PDF format 01/28/2019 -- ANNUAL REPORT View image in PDF format 02/08/2018 -- ANNUAL REPORT View image in PDF format 11/15/2017 -- Foreign Profit View image in PDF format Florida Department of State, Division of Corporations Packet Pg. 86 3.A.f AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL2o200002165 I, Tony Squitieri (print name), as Division President (title, if applicable) of FORESTAR (USA) REAL ESTATE GROUP INC. (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant =contract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize RwA, INC. 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. c • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should CD typically be signed by the Company's "Managing Member. " c N • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. N • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general a partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". i • applicant's status, e. "' In each instance, first determine the a pp g., individual, corporate, trust, partnership, and then � use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. 2/8/2021 Signature Date STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowleged before me by means of Elphysical presence or Monline notarization this 8th day of February 20 21 , by (printed name of owner or qualifier) _ Tony Squitieri Such person(s) Notary Public must check applicable box: e UAre personally known to me El Has produced a current drivers license M Has produced as iden Ufcation. Notary Signature: ®� CP\08-COA-00115\155 REV 3/4/2020 ; t ,, BRANDY80HAM W COMMISSION # GO 364865 EXPIRES: August 12, 2023 �tfW Bonded TMu Notivy Public Under Mbm Packet Pg. 87 3.A.f Colfier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST 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 must be signed by Addressing personnel prior to pre -application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing 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) 0 OTHER PDI LEGAL DESCRIPTION of subject property or properties (copy of lengthy description maybe attached) 2 3 — 5 0 —2 6 See attached. FOLIO (Property ID) NUMBER(s) of above (attach to, orassociate with, legal description if more than one) See attached. STREET ADDRESS or ADDRESSES (as applicable, if already assigned) North/Northeast of the intersection of Sabal Palm Road and Collier Boulevard. • 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 (ifapplicable) Current Name: Rockedge Tamarindo PROPOSED STREET NAMES (if applicable) TBD SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # 20190002554 PL20140002246(PUDR) Packet Pg. 88 4� Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (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) N/A Please Return Approved Checklist By: [�] Email Applicant Name: Kenrick S. Gallander, AICP Phone: 239-597-0575 ❑ Fax ❑ Personally picked up Email/Fax: kgallander@consult-rwa.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 00433040006 Folio Number (See attached for additional) Folio Number Folio Number Folio Number Folio Number Approved by: V Date: 9 / 14 / 2 0 2 0 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Packet Pg. 89 3.A.f LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, a FLORIDA; THENCE N89°01'58"E FOR 664.25 FEET ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF o SAID SECTION 23 TO AN INTERSECTION WITH THE WEST LINE OF TRACT "F1" OF THE PLAT OF :3 ESPLANADE AT HACIENDA LAKES AS RECORDED IN PLAT BOOK 55, PAGE 1, PUBLIC RECORDS OF COLLIER a w COUNTY, FLORIDA; aD THENCE S01°14'38"W FOR 675.75 FEET ON SAID WEST LINE OF TRACT "F1" TO THE SOUTHWEST aD Y o CORNER OF SAID TRACT "F1"; w L m THENCE S01°14'14"W ON THE EAST LINE OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST N QUARTER (NW-1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF SAID SECTION 23 FOR 675.73 FEET TO c THE SOUTHEAST CORNER OF SAID FRACTION; N 0 N THENCE S89°42'08"W ON THE SOUTH LINE OF SAID FRACTION FOR 662.30 FEET TO AN INTERSECTION a WITH EAST LINE OF A PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 4466, PAGE 3476, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; ul r_ THENCE THE FOLLOWING FIVE BEARINGS AND DISTANCES ON THE EAST AND SOUTH LINES OF SAID r PARCEL: N ' ti N 1. S01°09'56"W FOR 617.91 FEET; 0 2. N89°34'54"W FOR 300.19 FEET; 3. S01°09'09"W FOR 435.95 FEET; Q C 4. N89°34'09"W FOR 150.16 FEET; a� 5. N89°38'05"W FOR 210.56 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF (E-1/2) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID t SECTION 23; a THENCE N01°05'19"E ON SAID WEST LINE FOR 43.72 FEET TO AN INTERSECTION WITH THE NORTH LINE r OF THE SOUTH HALF (S-1/2) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHEAST QUARTER (SE- 1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; w a THENCE N89°48'02"W ON SAID NORTH LINE FOR 15.00 FEET TO AN INTERSECTION WITH THE EAST LINE OF PARCEL 1 AS RECORDED IN OFFICIAL RECORDS BOOK 4970, PAGE 3362, SAID PUBLIC RECORDS; Packet Pg. 90 3.A.f THENCE THE FOLLOWING FOUR BEARINGS AND DISTANCES ON THE SOUTH, WEST AND NORTH LINES OF SAID PARCEL 1: 1. S01°05'19"W ON SAID EAST LINE FOR 303.80 FEET; 2. N89°37'28"W FOR 645.47 FEET; 3. N01°01'07"E FOR 302.01 FEET 4. S89°47'35"E FOR 30.00 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID PARCEL OF LAND RECORDED IN IN OFFICIAL RECORDS BOOK 4466, PAGE 3476, SAID PUBLIC RECORDS; THENCE THE FOLLOWING FIVE BEARINGS AND DISTANCES ON THE WEST LINE OF SAID PARCEL: 1. N01°01'01"E FOR 218.98 FEET; 2. N52°35'40"E FOR 646.23 FEET; o w 3. N40°29'08"W FOR 30.05 FEET; m r N 4. N49°40'S4"E FOR 22.10 FEET; c 0 0 5. THENCE N36°22'15"E FOR 436.44 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE c NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; a THENCE S89°42'08"W ON SAID SOUTH LINE FOR 785.71 FEET TO THE SOUTHWEST CORNER OF THE r rl- NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; ti r THENCE N01°01'01"E FOR 332.01 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S89°32'04"W FOR 994.18 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S00°54'12"W FOR 329.09 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N89°42'08"E FOR 331.15 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE S00°56'29"W FOR 660.13 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N89°57'42"W FOR 330.68 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; Packet Pg. 91 3.A.f THENCE S00°54'12"W FOR 329.09 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; THENCE N89°47'35"W ON THE SOUTH LINE OF SAID FRACTION FOR 230.44 FEET TO AN INTERSECTION WITH A LINE 100 FEET EAST OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE WEST LINE OF SAID SECTION 23; THENCE N00°51'53"E ON SAID PARALLEL LINE FOR 1642.03 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER (NW-1/2) OF THE SOUTHWEST QUARTER (SW-1/4) OF THE a NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; 0 a w THENCE N89°22'01"E FOR 894.88 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER aD (NE-1/4) OF THE SOUTHEAST QUARTER (SE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE as SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; o w THENCE N00°58'45"E FOR 662.08 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST (NE-1/4) OF L THE NORTHEAST QUARTER (NE-1/4) OF THE NORTHWEST QUARTER (NW-1/4) OF THE SOUTHWEST N QUARTER (SW-1/4) OF SAID SECTION 23; CD 0 THENCE N89°01'58"E FOR 996.40 FEET TO THE NORTHWEST CORNER OF THE EAST HALF (E-1/2) OF THE N NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; a THENCE S01°05'30"W ON THE WEST LINE OF SAID FRACTION FOR 328.19 FEET TO AN INTERSECTION WITH A LINE 328.19 FEET SOUTH OF (AS MEASURED ON A PERPENDICULAR) AND PARALLEL WITH THE Lo r NORTH LINE OF SAID FRACTION; r N THENCE N89°01'53"E ON SAID PARALLEL LINE FOR 663.85 FEET TO AN INTERSECTION WITH THE EAST N LINE OF THE EAST HALF (E-1/4) OF THE NORTHEAST QUARTER (NE-1/4) OF THE SOUTHWEST QUARTER (SW-1/4) OF SAID SECTION 23; r THENCE N01°10'38"E ON SAID EAST LINE FOR 328.19 FEET TO THE POINT OF BEGINNING. Q a Q PARCEL CONTAINS 106.44 ACRES, MORE OR LESS. w LESS THAT PART OF THE ABOVE DESCRIBED PROPERTY CONTAINED IN DEED RECORDED IN O.R. BOOK c 321, PAGE 259, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE NORTH LINE OF THE SOUTHEAST QUARTER Q OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST TO BEAR NORTH 89°01'58" EAST. Packet Pg. 92 3.A.f ENGINEERING Rockedge RPUD Insubstantial Change to A PUD (PDI) FOLIO NUMBERS 1. 00433040006 2. 00433120007 3. 00433160009 4. 00433480006 5. 00433800000 6. 00433880004 7. 00434840001 8. 00435400000 9. 00436360000 10.00436440001 11.00436520002 12.00436600003 13.00436760008 14.00436800104 15.00436800201 16.00436800308 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com K:\2012\120030.02.P0 Rockedge-D.R. Horton\10 PDI\TEMP Pre-app Folder\Folio Number(s) Attachment.docx Page 1 Packet Pg. 93 4 �-11^suw'mmM 9LS0-L6S(6£Z):xei SLSO'L6S'6EZ:a'1JJO 6ML li'saldeN I OOZ aLnS —a hied —11,M 0 L99 dVW NOIIVDOI e ' Idd dfldb 394DID021 ZS69 9l E99L 9 uoiLezuoyLny io sale�yiya� epi�oli �JNRI33NI�JN3 £ B o N P I a -JN I 'NOI2JOH 'Y(l u a g I 31 } 0 _ o _ m Lu a o Of a M 1 _ .F i. 7 a W^ Y` u' C J r�- " a' • - a - a m 0 3NVI 3SO1113VM LL a ` Ii1E tA Z C +r`. it i USUD dAis N311107 f Oad undN -BP —1) 1-1 O 2 JM ! V ........................ o UXI 91 14, 111 a; ova -Ng Ifl, 6 d iRGa Hp W 'gpl i lly., n I -H! !jl 1 , , 1, 1p" 9, H = x , o !,I AH 901 R! �! - - . a 19 - %, g INN ea 8g; da 2. W xe L wg ,I-- o Wn hzl H HO < X3 AH 1§ M z 41 H m A S z N z �-a nL p v 11H A stq EE5�x aaa€EWH - 6 1 RX'�12xtEq -V. 62 61 W1�1Mi NpIlq N�-g'0 � j , x� g i I ,! --- - -�- - ---�- g --- � ) � - - - -�)-- --- - - - - --- -- }- - ---j ----- ._, ----, � -/ -- ----- - - ---�- G r ----- §; � `---�--- - -i- ----�---� | | CAT T County 3.A.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the L43 C. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage or stocK ownea Dy eacn: Name and Address % of Ownership FORESTAR (USA) REAL ESTATE GROUP INC. 100 4042 Park Oaks Blvd., Suite 200 Tampa, FL 33610 "Publicly Traded" If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the iercentage of Interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 Packet Pg. 97 3.A.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net CoNer County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the erlerdl drlU/ur IlrnlLeu Pdrlrler5: Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the c rr• _ _ 11 #LVl. IV1VC1 a, VCI ICI IL.I L11 ICJ, VI VC1I LI ICI J. Name and Address Date of Contract: % of Owners f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 a 0 a o: m m 0 W Lfi r N O O O O N O N J IL ti LO ti N ti N ti c 0 r Q a a w c m E t c� w r a c a� E s ca a Packet Pg. 98 3.A.f COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliersov.net Date of option: Coffier County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department a ATTN: Business Center 2800 North Horseshoe Drive LO I, - Naples, FL 34104 Kenrick Gallander Digitally signed by Kenrick Ga"ander Date: 2021.04.23 09:58:44-04'00' Agent/Owner Signature Kenrick Gallander Agent/Owner Name (please print) Created 9/28/2017 4/23/2021 Date Page 3 of 3 Packet Pg. 99 4 �-11^suw'mmM 9LS0-L6S(6£Z):xei SLSO'L6S'6EZ:a'9JO 6ML li'saldeN I OOZ aLnS —a hied —11,M 0 L99 dVW NOIIVDOI e ' Idd dfldb 394DID021 ZS69 9l E99L 9 uoiLezuoyLny io sale�yiya� epi�oli �JNIi33NI�JN3 £ B N P I a -JN I 'NOI'dOH 'Y(I u a g I 31 } 0 _ o _ m Lu a o Of a M 1 _ .F i. 7 a W^ Y` u' C J r�- " a' • - a - a m 0 3NVI 3SO1113VM LL a ` Ii1E tA Z C +r`. it i USUD dAis N311107 f andN 86paMoob `SWOOOOZOZId USLO 6Z-LZ-L uoi;eoilddV-34u9uay3e;4V :;uauayoe w o Q ro � a a� Y U l0 a W 0 O 4-J an E E -a O 0. 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Oj pw r L 0 V � 43 IL NO _- Cflrer I tl ""66 i 1rtF r " gt ti c3 J _ _ T-N. 4 andN 86paMoob `SWOOOOZOZId USLO 6Z-LZ-L uoi;eoilddV-34u9uay3el4V :;uauayoeUv co w o Q ro � a a� Y U l0 a andN aBpaPob `99M000ZOZld : USLO 6Z-LZ-L uoi;eoilddV-34u8ua4oe44V :;uauayoe;; td on N .0 4� �CL) CA i u On O u V) a� u Ln M 4- pan 00- 0_ Ln 0 Ln z Ln a� 0 Ln c� u a� E on L 3 E 0 -61 Ln L. 0 a u 0 0 0 O Lol f� Q N a� o > a� � u 0 0 N o 4-' 0 a--; .0 00 CD- u O a E W C) �oz Z �z Z Z W andN 86paMoob `SWOOOOZOZId USLO 6Z-LZ-L uoi;eoilddV-34u9uay3eI4V :;uauayoeIJv 0 Co Q ri 6) a m Y C> R a Ln 0 Ln r� 14, -0 OD 0 -0 -0 t s O 0 O 0 _ o a O o L ar i +', c = ra 'O +' +s+ O c m 0 ro N 0 C C6 c a) aOr O m U :N c •- Q Q 'O = u U � X � 7 i a) a) i U > V i N � � a) OV L • -0 Q 4 O O 7 O N 4- a) V w +—a) n a1 N iLn 0 a1 c a U ++ t O u s 7 (a aJ -C p N N a 3 C) *' cO +L Ln ai 3 M Ln a~ N o ° v a c 3 n — — > — t a) o N = o N C Q i -0 @ N 7 L (6 C O 0 O C 7 a) U c a) N a) s Q v u a, L o Q U -a }, r f6 — m > O V v _ i 0 c : v t a) 4-�— Q ro u (A= L.:, c �' p aJ ~ O v s ro o 0 00 v c °' 3 N ro Q o y tuJ 0 N n3 nz N o N L In � Q Y _ !aj +c O L > 0 O 3 u U a) a) v p N V U a � 3 � = O c Q- U = N O L a) L to v ai Q _0 0 O p c a) Q C O +O+ Q Q U m a) p N L _ 0 L 0 -0 O Q Y U r6 +�_ U O i O V > V a) 41 t a, n U � N � 3 s 0 m 41 0 ° o ate,, o Ln o N s a) ti.0 0 N N v V � a) N Q a) 0 N 0- Q s N o V L aJ 0 s ++ O t 0 4+ V v o > o a) > 3 r -L. a �' a) V = a) O -p ra 4, L > (B Q Q Q n 3 v m c a) o t > v O 4J 4� a) O n 0 O N N C7 > LA in -0 -0 N N v -a ate') a r u N > m C N N ^ a1 w a) O a a) v [A d1of-4Z Z 39 LU z Z_ 0 Z w andN 86paMoob `SWOOOOZOZId USLO 6Z-LZ-L uoi;eoilddV-34u9uay3el4V :4uauay3el4v ir. Co Q ri 6) a m Y C> R a 4� C 4� E Ln 4-J O V 4, or— • X �> w o •� On ,E a� w 4� 3 on � � O O O = Z ,r- 41 V U U V � • 4� •^ =3 � O a V 4zo Z 39 z z Z W andN 86paMoob `SWOOOOZOZId : USLO 6Z-LZ-L uoi;eoilddV-34u9uay3el4V :;uauayoelJv 0 Q a m Y C> R a n• N C O N 1OE sit4zo z 39 LU z 0 z W 3.A.f AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses ofproperty owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance (Signature of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this day of Qe*,1 L , 2021 by 4 r oa l Gy- r� p.u.�.t� otr U- , who is personally known to me or who has produced (Signature of Notary Public) t,lna Printed Name of Notary G:\NIM Procedures/Affidavit Of Compliance - NIM 0ct2010.Doc as identification. (Notary Seal) y ors 4 Notary Public State of Florida ? Noah Medeiros _ My Commisaion GG 921539 �t� Expires 10/11/2023 J Packet Pg. 111 Cofer County 3.A.f 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 Hearing Examiner For Petition Number(s): 20200002165 Regarding the above subject petition number(s), Forestar (USA) Real Estate Group Inc. (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearing of the Collier County Hearing Examiner, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Name: Nicolas Aparicio, Florida Region President Signature: ® Applicant* ® Legal Counsel to Applicant Date: LO ti * 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. 112 3.A.f ,,0RM6b,., ENGINEERING March 29, 2021 Subject: Neighborhood Information Meeting Rockedge RPUD Insubstantial Change Amendment Application (PL20200002165) Dear Property Owner: Please be advised that a formal application has been submitted to Collier County seeking approval of a request to amend the text of the Rockedge Residential Planned Unit Development (RPUD). The Rockedge RPUD subject property is 106.4± acres located on the north side of Sabal Palm Road approximately 1400' east of Collier Blvd (C.R. 951), and on Collier Blvd. (C.R. 951) 400' north of Sabal Palm Road in Section 23, Township 50 South, Range 26 East, Collier County, Florida. Project Location Map Page 1 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com K:\2012\120030.02.10 Tamanndo (Rockedge RPUD) - PDI CATStop\02 Stage Two\04 Neighborhood Information Meeting\NIM Mailer and Advertisement Approved by County\NIM Mailerf Packet Pg. 113 3.A.f ENGINEERING The Petitioner is asking the County to approve an insubstantial change amendment that will modify the PUD Ordinance No. 16-03 language by amending Transportation Commitment "A" to allow for a payment -in -lieu option for the future construction of the required Collier Area Transit (CAT) bus stop with shelter. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting (NIM) will be held to provide you an opportunity to become fully aware of our development intentions and to give you an opportunity to influence the form of development. The Neighborhood Information Meeting will be held at 5:30pm on April 28, 2021, at the Shepherd of the Glades Church, 6020 Rattlesnake Hammock Road, Naples, FL 34113. Due to COVID-19, special accommodations will be made to allow people to attend in person or virtually. The meeting will be held indoors at the church where CDC guidelines will be observed. Reservations for in -person meeting attendance is required to ensure social distancing can be met. The meeting will also be online via Zoom. Should you choose to either participate in the Zoom meeting or want to attend in -person, please notify us via email at Bfinnegan@consult-rwa.com prior to April 14th to allow us to send you login instructions and document your reservation. At this meeting, the petitioner will make every effort to illustrate how the property will be developed and to answer any questions. Should you have questions prior to the meeting, please contact me. Should you have questions prior to the meeting, please contact me. Sincerely, RWA, Inc. Kenrick S. Gallander, AICP Director of Planning KSG/ Page 2 6610 Willow Park Drive Suite 200 Naples, FL 34109 1 (239) 597-0575 1 Fax (239) 597-0578 www.consult-rwa.com Packet Pg. 114 3.A.f '� ape c.4 :43ZI-1-6111 ,� taus PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 RWA INC. 6610 WILLOW PARK DR 200 NAPLES, FL 34109 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared said legal clerk who on oath says that he/she serves 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. Published: 04/04/2021 Subscribed and sworn to before on April 4, 2021 Notary, State of WI, County of Brown TARA MONDLOCI-I Notary Public Stale of Wisconsin My commission expires August 6, 2021 Publication Cost: $378.00 Ad No: 0004668539 Customer No: 1307584 PO #: Shepard of the Glades Church # of Affidavits 1 NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a Neighborhood Information Meeting held by 11WA, Inc., representing Forestar (USA) Real Es- tate Froup, Inc., on: Wednesday, April 28, 2021, at 5:30 pm Shepherd of the Glades Church, 6020 Rattlesnake Hammock Road, Naples, FL 34112 The Rockedge RPUD sub'ect property is 106.4 t acres located on the north side of Sabal �alm Road approximately 1400' east of Collier Blvd (CR. 951), and on Collier Blvd. (CA. 951) 400' north of Sabal Palm Road in Section 23, Township 50 South, Range 26 East, Collier County, Florida. I _ I� The Petitioner Is asking the County to approve an Insubstantial change amendment that wit[ modify the PUD Ordinance No. 16- 03 language by amending Transportation Commitment "A" to allow for a payment in -lieu option for the future construction of the required Collier Area Transit (CAT) bus stop with shelter. Business and property owners, residents and visitors are wel- corne to attend the presentation to discuss the project. if you are unable to attend the meeting in -person and would like the opportunity to participate virtually, an on -tine meeting will be available. Details related to joining the meeting can be ob- tained by contacting the indivldual listed below. Reservations for In -person meeting attendance is required to ensure that the CDC guidelines for social distancing can be achieved. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, or e-mail to: Kenrick S. Gallander, AICP Director of Planning RWA Engineering 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 239-597-0575 kgallander@consult-rwa.com Pub Date: April 4, 2021 #4668539 This is not an invoice Packet Pg. 115 3.A.f NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a Neighborhood Information Meeting held by RWA, Inc., representing Forestar (USA) Real Estate Group, Inc., on: Wednesday, April 28, 2021, at 5:30 pm Shepherd of the Glades Church, 6020 Rattlesnake Hammock Road, Naples, FL 34112 The Rockedge RPUD subject property is 106.4 ± acres located on the north side of Sabal Palm Road approximately 1400' east of Collier Blvd (C.R. 951), and on Collier Blvd. (C.R. 951) 400' north of Sabal Palm Road in Section 23, Township 50 South, Range 26 East, Collier County, Florida. ■ The Petitioner is asking the County to approve an insubstantial change amendment that will modify the PUD Ordinance No. 16-03 language by amending Transportation Commitment "A" to allow for a payment -in -lieu option for the future construction of the required Collier Area Transit (CAT) bus stop with shelter. Business and property owners, residents and visitors are welcome to attend the presentation to discuss the project. If you are unable to attend the meeting in -person and would like the opportunity to participate virtually, an on-line meeting will be available. Details related to joining the meeting can be obtained by contacting the individual listed below. Reservations for in -person meeting attendance is required to ensure that the CDC guidelines for social distancing can be achieved. Packet Pg. 116 3.A.f If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, or e-mail to: Kenrick S. 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O Ld Q. � � 9 m Z 3.A.f 0 a C a a� a� m Y V O w t0 N O O O O N O N J d ti ti N ti N C O r v .Q O_ a w c a� E Q r c m E a Packet Pg. 125 3.A.f ,__ NW'ICE 0 a. 0 IL a� a� a� Y O w 1.6 N O O O O N O N J a r� Q Packet Pg. 126 3.A.f r� Q Packet Pg. 127 3.A.f PUBLIC HEARING NOTICE Rockedge RPUD PUD Insubstantial Change Petition No. 20200002165 HEX: August 12, 2021 - 9:00 a.m. -Aki Growth Management Building 2800 N. Horseshoe Dr., Naples, FL 34104 ;`�=' Nancy Gundlach, Principal Planner: 239-252-2484 Packet Pg. 128 3.A.f IBLIC HEARING Rockedge RPUD PUD Insubstantial Change Petition No. 20200002165 ti LO Packet Pg. 129 3.A.f jRM6va,, ENGINEERING MEMORANDUM DATE: April 30, 2021 TO: Nancy Gundlach, AICP, PLA, Principal Planner Collier County — Growth Management Department: Zoning Services FROM: Kenrick S. Gallander, AICP Director of Planning RWA Engineering PROJECT NAME: Tamarindo PDI CAT Stop — (PL#: 20200002165) SUBJECT: Neighborhood Information Meeting —Summary A Neighborhood Information Meeting (NIM) was held on April 29, 2021, at 5:30pm at the Shepherd of the Glades Church, 6020 Rattlesnake Hammock Rd., Naples, FL 34112. Attendees are as follows: • Kenrick Gallander, Director of Planning — RWA Engineering • Blake Finnegan, Associate Planner — RWA Engineering • John Williams, Vice President — RWA Engineering • Nancy Gundlach, Principal Planner — Collier County • Please refer to the attached Sign -In Sheet and NIM ZOOM Reservation Tracker Sheet for all other attendees. Intro Summary (Started at 5:30 p.m.): Mr. Gallander began the meeting introducing himself with RWA Engineering, agent for the applicant/landowner and James Ratz from Forestar Inc, representing the Landowner. Due to the meeting being done virtually as well, he ensured those attending via Zoom could hear and see the meeting online. Once confirmed, Mr. Gallander proceeded to outline the meeting, which would include a brief presentation and following the presentation would have time for questions and answers. 6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com Page 1 of 2 KA2012\120030.02.10Tamarind,(R,,k,dg,RPUD)-PDI CAT Stop\02 Stage Two\05 P,bli, Hearing-HEX\HEXPacket\T,mrind, PC I CAT Stop -NIM S,m ry. d, Packet Pg. 130 ENGINEERING The presentation included a description of the subject property location and details of the property. Mr. Gallander went on to further detail and explain the existing conditions relevant to this request currently under review by Collier County. Mr. Gallander detailed the challenges and opportunities related to the CAT stop installation due to location of the stop next to a canal and minimal land area to work with to provide adequate access to the public. Finally, Mr. Gallander reviewed the request entailing amending the existing transportation commitment to provide a payment in lieu option for the developer to make to the county in order to utilize the funds in the future based on agreed upon location and design for the CAT stop and as they see fit and at the appropriate time. The next steps regarding the review process and public hearings in the future specific to this request were then outlined. Then Mr. Gallander concluded the presentation and then opened the floor for questions/comments/input from those in attendance. Questions/Comments asked or offered at the meeting: Q/C: What kind of homes are they? A: Single family detached. Q/C: How many homes are they building? LO A: They are allowed up to 266 dwelling units. Q/C: Where on the map will the homes go? A: You can see on the map, everything within the black line is where the homes will be placed. Q/C: Will the landscaping business stay? A: Yes. Q/C: How much will the homes be? A: I do not know exactly. I am sure they will be priced according to the market. Q/C: When do they plan to start construction? A: Towards November or December. The meeting adjourned at approximately 5:54 p.m. 6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com Page 2 of 2 Packet Pg. 131 Cofer County 3.A.g 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 Hearing Examiner For Petition Number(s): 20200002165 Regarding the above subject petition number(s), Forestar (USA) Real Estate Group Inc. (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearing of the Collier County Hearing Examiner, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Name: Nicolas Aparicio, Florida Region President Signature: ® Applicant* ® Legal Counsel to Applicant Dater ti LO ti * 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. 132 08/12/2021 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.B Item Summary: PETITION NO. CU- PL20200001823, South Florida Gas- Request for approval of a Conditional Use to allow a liquid propane storage and distribution facility pursuant to Section 2.03.04.A.1.c.23 of the Collier County Land Development Code on a 0.921 acre property located on the east side of Recycling Way approximately 0.4 miles north of Tamiami Trail East (US 41) in Section 18, Township 51 South, Range 27 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner} Commission District 1 Meeting Date: 08/12/2021 Prepared by: Title: Planner — Zoning Name: John Kelly 07/26/2021 6:50 PM Submitted by: Title: — Zoning Name: Mike Bosi 07/26/2021 6:50 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Hearing Examiner (GMD Approvers) Diane Lynch Review Item Zoning Ray Bellows Review Item Zoning Mike Bosi Zoning Director Review Hearing Examiner Andrew Dickman Meeting Pending Review Item Completed Completed 07/27/2021 12:39 PM Completed 07/27/2021 1:25 PM Completed 07/28/2021 10:28 AM 08/12/2021 9:00 AM Packet Pg. 133 3.B.a a Co i;C' T C,014 .ty STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: AUGUST 12, 2021 SUBJECT: PETITION CU-PL20200001823, SOUTH FLORIDA GAS PROPERTY OWNER/AGENT: Owner: NBC Land Holdings, LLC 2338 Immokalee Rd., Suite 435 Naples, FL 34110 Agent: Daniel DeLisi, AICP DeLisi, Inc. 520 27th St. West Palm Beach, FL 33407 REQUESTED ACTION: Applicant: C&S Land Holdings II, LLC 7970 Supply Dr. Fort Myers, FL 33912 To have the Collier County Hearing Examiner (HEX) consider an application for Conditional Use No. 23, wholesale trade -nondurable goods, of the Industrial (I) Zoning District, as provided in Section 2.03.04.A. Lc of the Collier County Land Development Code (LDC) to permit a South Florida Gas liquid propane (LP) gas storage and distribution facility on 0.92± acres. GEOGRAPHIC LOCATION: The subject parcel is located on the east side of Recycling Way approximately 0.4 miles north of Tamiami Trail East (US 41) in Section 18, Township 51 South, Range 27 East, Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use to construct and operate an unmanned LP gas storage and bulk distribution facility; SIC Codes 5171 and 5172. The facility will comprise an 8-foot by 10- foot utility building containing the electrical shut-off and safety equipment as well as one (Continued on Page 4) CU-PL20200001823 Page 1 of 9 South Florida Gas 07/26/2021 Packet Pg. 134 (seE) epiaold 41nos no £M000OZOZ-1d : USLO MZ£ZLO :podeU }}e;s :;uewLjo jV � W F � - Q V � e III N 1111111��1 �,1I�,��1111I�II,1 + rtJ}'rr{r t#IJ0R;~ ��11��1�■ ��111�� ■��1111 a •i�•111�1111 11 �� 1W i J7i�t1 f� � y' fl 1♦��'I�� r %� S4 CU-PL20200001823 Page 2 of 9 South Florida Gas 07/26/2021 CL m 0) 0 N CIO N co O O O N N J a. L z }r W CL LO M a Y V m a 3.B.a DEVELOPMENT REGULATIONS SETBACK REQUIRED CONCEPTu L PROVIDED FRONT 25' 25' SIDE 2a' 2ff REAR 15' 15 TOTAL OF ALL SIDE YARDS SHALL E4UAL 2ft OF THE LOT 4410TO WITHA MAXIMUM Dr 50' AND A NOPIMUM OF 10', I I f I EXISTING Sff FPL EASEMENT(G.R.BOOK ' I 1512. PAGE 1844) EICISTIIJG 30 o, ACCESS EASEMENT (0.11_ BOON I 1 I PROJECT SUMMARY LAUD USE IMPERVIOUS BUILDINGS BDEF 0.02AC 02% PAVEMENT 16.179SF 0.371 AC +4f% CONCRETE zoaasF a.we AC 5.01k TOTAL IMPERVIOUS AREA 9.2% 5F 0.419 A L 45.0% PERVIOUS OPEN SPACE 19.105 SF OA40 AG RETENTION AREA 2,5768E 00%ACTOTAL PERVIOUS AREA21.7415E 0a99ACTOTAL ffi SfTE ARIA 40.0MSF B.91B AC KI l%Tf- 1- 1_ NO NATIVE VEGETATION ONSITE AND THEREFORE NO PRESERVE IS REQUIRED. IN 1222_ PAGE 437) SDP WATER MANAG EM ENT AREA I ZONED: INDUSTRIAL 0 + LINEPROPERTY 30' w I 5 TYPE 'A' BUFFER SCALE: 1' = GO' PROPERTY EXISTING 30.13 INCRESMGRESS, I LINE 7w. UR�JNAGEAITILITY EASEMENT I j CO.R. Eo0K 1491, PAGE 1=KOR I I BOOK 1536, PAGE 1730) I I LU I, I j °I_ �} fog ti °° W Ln _ a I LU z W � °I ! ND N I I I 10' x 8' SHED NGa 30.0' INGRESSIEGRESS. I f'RAINAGE1UTIuT1I EASEMENT 25.0' REAR IQ,R. BOOK 5339, PAGE 20541 f SETBACK r 5'TYPE 'A"BUFFER I 24.0' SIDE ZONED: INDUSTRIAL I SETBACK SDP WATER MANAGEMENT AREA I PRO ERTY LINE J_R_ EVANS ENGINEERING, P.A 9351 CORKSCREW ROAD, SVITE IQ2 `R ESTERO, FLORIDA 33926 EN G P40NE=(2391"S-9148 FAX: (239) 28&2537 Y4WW JREVANSFNGlt4EERING.COM Conditional Use Site Plan CU-PL20200001823 Page 3 of 9 South Florida Gas 07/26/2021 SOUTH FLORIDA GAS FILE DATE; 03M2021 I SHEET - Packet Pg. 136 3.B.a (Continued from Page 1) or two LP gas storage tanks with a combined volume of up to 48,000 gallons. The operating characteristics for this project were provided by the applicant. This facility is being designed to operate as a refill facility for South Florida Gas delivery trucks for the servicing of customers located in Collier County. There are no ancillary uses proposed; the site will have no retail sales, no parking/storage of vehicles, and there is no office. The operator desires to eliminate return trips to Lee County for the sole purpose of refilling their delivery trucks which will depart Lee County full. The facility is being designed for peak season use; however, it is believed use of the facility will be substantially less off-season. In -season, the operator expects to have one large truck service the LP storage tank(s) per week; a smaller LP delivery truck or trucks will then use the facility to refill and complete their scheduled delivery assignments. The subject LP gas storage and distribution facility will operate Monday through Saturday from 8:00 A.M. to 5:00 P.M. The Concept Plan has been designed with consultation from the Fire District on location and orientation of the storage tanks, access and safety measures; additional consultation will be undertaken at the time of formal site development plan review. Said Concept Plan provides buffering and demonstrates ingress/egress from two full access connections to Basik Drive. Basik Drive Connects to Tamiami Trail East (US 41) with an existing full access opening. This project is located within the Big Cypress Market Place Phase 3 development area and is identified Outparcel 2 (Phase 313) on the most current approved Site Development Plan; See Attachment C. As per the provided Transpiration Impact Statement (TIS) this project will not create any significant impacts to the area roadway network; see Attachment B. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the subject property, which is undeveloped and within an Industrial (I) Zoning District.: North: Undeveloped, located in the Big Cypress Market Place Phase 3 development which is within an Industrial (I) Zoning District. East: Outside storage of recreational vehicles; property is located within the Rural Fringe Receiving area and within a Travel Trailer Recreational Vehicle Campground (TTRVC) Zoning District. South: Undeveloped, located in the Big Cypress Market Place Phase 3 development which is within an Industrial (I) Zoning District. West: Recycling Way (Right -of -Way) followed by an auto salvage yard (CU-953, BZA Resolution 96-15) located within an Industrial (I) Zoning District. CU-PL20200001823 Page 4 of 9 South Florida Gas 07/26/2021 Packet Pg. 137 3.B.a Y t�''^YJLE}. rig.} �• � � � i { J-R.EVANS SOUTH FLORIDA GAS k.HRFLQRIfMCJ4-AE�RIAIFYHIRR.n] . ENGC ffING AERIAL EXHIBIT IF, Ma CU-PL20200001823 Page 5 of 9 South Florida Gas 07/26/2021 Packet Pg. 138 3.B.a GROWTH MANAGEMENT PLAN (G ) CONSISTENCY: Comprehensive Planning staff has reviewed this request and offered the following comments: Future Land Use Element (FLUE): The subject site is designated in the FLUE as Agricultural/Rural, Rural Industrial District. The Rural Industrial District states: Intensities of use shall be those related to (including): FLUE page 94 (c) storage and warehousing and distribution. The proposed use is liquid propane gas storage system for bulk distribution. No individual retail sale on the site. The applicant has applied for a Conditional Use to allow for wholesale trade - durable goods use (5171 or 5172). Both are allowed by Conditional use in the industrial zoning. The proposed uses are consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: The Transportation Services Division has reviewed this petition and has determined the project is consistent with Policy 5.1 of the Transportation Element of the GMP, which states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and C. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3 % of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " According to the TIS dated March 23, 2021 provided with this request the proposed South Florida Gas facility will generate a deminimis number of trips on the adjacent roadways (+/- 1 PM peak hour trip). As shown in Table 6 of the TIS the number of trips generated by this facility has a 0.00% volume impact on the adjacent roadway, therefore it is considered deminimis. Staff notes that roadway Link 95.3 Tamiami Trail East (US 41) from Greenway Road to San Marco Drive currently has a LOS of "D" with an expected deficiency due to trip bank in 2021 as well as a traffic count expected deficiency in 2025 due to background growth. Both deficiencies are due to background plus projected growth rates not related to this facilities deminimis impact. CU-PL20200001823 Page 6 of 9 South Florida Gas 07/26/2021 Packet Pg. 139 3.B.a Florida Statute 163.3180 requires that any roadway facility determined to be deficient with existing, committed, and vested trips plus projected background traffic is the funding responsibility of the maintaining entity, specifically all necessary improvements. Staff also notes that this development will pay the required Collier County road impact fees as building permit(s) are issued for the facility. Therefore, the subject Conditional Use is found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. The proposed gas facility will generate a deminimis number of trips based the TIS provided with the petition request. Transportation Review: Transportation Planning staff has reviewed the petition request and is recommending approval. Conservation and Coastal Management Element (COME): Environmental Planning Section staff reviewed the petition. The subject property does not have a preserve requirement. The proposal is consistent with the with the CCME. Environmental Review: Environmental Planning staff has reviewed this petition. The subject property does not have a preserve requirement as the subject property was cleared for agricultural use prior to 1975 clearing regulations. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Landscape Review: The landscape buffers identified on the Concept Plan are consistent with LDC requirements. STAFF ANALYSIS: Conditional Use approval must be based on evaluation and findings outlined in LDC Section 10.08.00.1) that: 1) granting of the Conditional Use will not adversely affect the public and any specific requirements pertaining to the conditional use have been met by the petitioner. Further, that satisfactory provision and arrangement has been made for the following matters, where applicable: 1. Section 2.03.04 A.Lc of the LDC permits conditional uses in the Industrial (I) Zoning District. The requested use for a LP gas storage and bulk distribution facility, SIC Codes 5171 and 5172, is allowed as a conditional use in the Industrial (I) Zoning District subject to the standards and procedures established in LDC section 10.08.00 - Conditional Use Procedures. 2. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). This request is consistent with the GMP and, with the conditions proposed by staff, this project will be in compliance with the applicable provisions of the LDC. CU-PL20200001823 Page 7 of 9 South Florida Gas 07/26/2021 Packet Pg. 140 3.B.a 3. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic now and control, and access in case of fire or catastrophe. Ingress and egress to the subject property is by way of two full access connections to Basik Drive at its northern extent, Basik Drive connects to westbound Tamiami Trail East (US 41). at an existing full access opening. The TIS submitted by the applicant indicates that the adjacent roadway network has sufficient capacity to accommodate this project. This project will not adversely impact the surrounding roadway network. 4. The affect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The LP gas storage and distribution facility use is in an area that is isolated from properties that may present compatibility concerns. The subject property is along a road and within an area that is comprised of all industrial uses, an asphalt and concrete batch plant and an automobile salvage yard, outdoor recreational vehicle storage and other similar uses. The use itself does not produce glare, odor, or noise. Traffic coming in and out of the site is minimal and there is nearly no activity on the site as it is unmanned. Security lighting is to be minimal with no off -site spillage. 5. Compatibility with adjacent properties and other property in the district. The proposed use is extremely passive in nature. There will be nearly no on -site activity and very few vehicles entering and exiting the property. Based on the location. Based on the above findings, this conditional use should, with stipulations as outlined in this staff report be recommended for approval. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the site is under the size threshold (10 acres) to require an Environmental Impact Statement. NEIGHBORHOOD INFORMATION MEETING (NIM): Daniel Delisi, AICP, on behalf of the petitioner, conducted a duly advertised Neighborhood Information Meeting (NIM) on Thursday, May 27, 2021, at 5:30 PM. The NIM was held in the Community Center Large Meeting Room of the Donna Fiala Eagle Lakes Community Park, 11565 Tamiami Trail Easy, Naples, FL 34113. Said meeting was simultaneously run online via Zoom to allow for remote participation. The meeting commenced at 5:30 PM with a presentation designed to explain of requested Conditional Use and operational characteristics of the proposed facility. Following the presentation, the floor was opened to questions; See Attachment B for transcript. Mr. Delisi was assisted by a representative of South Florida Gas who spoke to the operation of the facility. During CU-PL20200001823 Page 8 of 9 South Florida Gas 07/26/2021 Packet Pg. 141 3.B.a the question -and -answer period it was made known that they the facility would be using either one or two 18,000- or 30,000-gallon LP storage tanks that satisfy national standards with a maximum on -site capacity of 48,000 gallons of LP gas stored on site. It was also expressed that facilities of this type must satisfy Department of Homeland Security requirements and are monitored 24-hours a day by means of video monitoring. It was stated that trucks would be using the facility between 8 AM and 5 PM, but more likely between 10 AM and 2 PM. Additionally, there has been extensive discussion with the Greater Naples Fire. The Fire District has provided guidance and will be involved to a greater extent at the time of Site Development Planning. When asked about protection for Fiddler's Creek the speakers advised that the development was over a mile away and that nothing would travel that far. Additional information pertaining to Florida code was provided and it was expressed that this is to be a state-of-the-art facility. A member of the audience admonished the speakers for calling this a gas storage facility as gas conjures up something much different and more threatening than propane; call it propane. Attendees were encouraged to contact the applicant in the event they'd like to tour the existing facility in Fort Myers. Collier County staff was in attendance for the duration of this meeting. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve CU-PL20200001823 to allow a liquid propane gas (LP) storage and bulk distribution facility, SIC Codes 5171 and 5172, at the subject location subject to the following conditions: 1. No retail sales. 2. Hours of Operation are Monday through Saturday, 8:00 AM to 5:00 PM. 3. Security of the facility shall be in accord with applicable Florida Department of Agriculture and Consumer Services and U.S. Department of Homeland Security regulations. 4. A Site Development Plan is required for development of the site; the applicable Fire District must provide approval for said SDP with respect to compliance with public safety standards. 5. All lighting is to be shielded to the extent there is no off -site spillage of said lighting. Attachments: A. Concept Site Plan B. Applicant's Back-up C. Big Cypress Market Place Phase 3 SDP D. HEX Hybrid Meeting Waiver CU-PL20200001823 Page 9 of 9 South Florida Gas 07/26/2021 Packet Pg. 142 3.B.b DEVELOPMENT REGULATIONS SETBACK REQUIRED CONCEPTUAL PROVIDED FRONT 25' 25' SIDE 20'* 20' REAR 15' 15' TOTAL OF ALL SIDE YARDS SHALL EQUAL 20% OF THE LOT WIDTH WITH A MAXIMUM OF 50' AND A MINIMUM OF 10'. I � I I I I I I I I I I I I I I I I I I I I I PROJECT SUMMARY LAND USE IMPERVIOUS BUILDINGS 80 SF 0.002 AC 0.2 % PAVEMENT 16,179 SF 0.371 AC 40.4% CONCRETE 2,000 SF 0.046 AC 5.0% TOTAL IMPERVIOUS AREA 18,259 SF 0.419 AC 45.6% PERVIOUS OPEN SPACE 19,165 SF 0.440 AC 47.9% RETENTION AREA 2,576 SF 0.059 AC 6.4% TOTAL PERVIOUS AREA 21,741 SF 0499AC 544% N TOTAL SITE AREA 40,000 SF osla AC 100 % � NOTES L O 1. NO NATIVE VEGETATION ONSITE AND THEREFORE NO PRESERVE IS LL REQUIRED. EXISTING 6.0' FPL EASEMENT (O.R. BOOK I U) I I 1512, PAGE 1844) I I I EXISTING 30.0' ACCESS I T U EASEMENT O R BOOK N M 1222, PAGE 437) i 00 CD SDP WATER MANAGEMENT AREA I o o ZONED: INDUSTRIAL PROPERTY J LINE 0 30' 60' d j 5' TYPE "A" BUFFER SCALE: 1" = 60' I N tn PROPERTY EXISTING 30.0' INGRESS/EGRESS, I ti 0 I i i LINE DRAINAGE/UTILITY EASEMENT Lo LU I �r (O.R. BOOK 1491, PAGE 1320)(OR I C R m a I ---_ BOOK 1536, PAGE 1730) UX I d Q I I * u- lol:. w / I Q. I I I' U > rn cf)I I Co l f m m I O U o l I w IJ w F I z fl o Q I IF- *b I I w CD I°I zLd � 10' X 8" SHED X Q EXISTING 30.0' INGRESS/EGRESS, DRAINAGE/UTILITY EASEMENT 25.0' REAR (O.R. BOOK 5338, PAGE 2054) I N SETBACK j _, E 5' TYPE "A" BUFFER I I c1 I I I I I I r a 20.0' SIDE ZONED: INDUSTRIAL \ SETBACK PRO SDP WATER MANAGEMENT AREA I LINE I I I I I I I I I I I I I I I J.R. EVANS ENGINEERING, P.A. 9351 CORKSCREW ROAD, SUITE 102 J , R .Q $ ESTERO, FLORIDA 33928 ENGINEERING PHONE: (239)405-9148 FAX: (239) 288-2537 WWW.JREVANSENGINEERING.COM SOUTH FLORIDA GAS FILE DATE: 03/3 Packet Pg. 143 3.B.c 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 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE LDC Section 10.08.00 & Code of Laws section 2-83 — 2-90 Chapter 3 C.1 of the Administrative Code PETITION NO (PL) PROJECT NAME To be completed by staff DATE PROCESSED ❑ A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS ❑ A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER Name of Property Owner(s): APPLICANT CONTACT INFORMATION NBC Land Holdings II, LLC Name of Applicant if different than owner: C&S Land Holdings II, LLC Address. 7970 Supply Drive City: Fort Myers State: FL Telephone: 239-334-3131 Cell: E-Mail Address: terry@southfloridagas.com Name of Agent(s): Daniel DeLisi, AICP Firm: DeLisi, Inc. Address: 520 27th Street Telephone: 239-913-7159 Cell: E-Mail Address: dan@delisi-inc.com Fax: City: West Palm Beach State: FL - Fax: ZIP: 33912 ZIP: 33407 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 5/08/2018 Page 1 of 12 Rev. 6/9/2017 Page 1 of 76 Packet Pg. 144 3.B.c CAY County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net ASSOCIATIONS 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: N/A Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: City: City: State: ZIP: State: ZIP: City: State: ZIP: City: State• ZIP• City: State: ZIP: PROPERTY INFORMATION On separate page, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre -application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Property I.D. Number: 00763880208 Section/Township/Range: 18 / 51 /27 Plat Book: Page #: Subdivision: Lot: Block: Metes & Bounds Description: See attached property card Size of Property: 200 ft. X 200 ft. = 40,000 Total Sq. Ft. Acres: Address/ General Location of Subject Property: North of Tamiami Trail East approximately 1 mile ease of Sandpiper Drive, at the northern end of Basik Drive 5/08/2018 Page 2 of 12 Rev. 6/9/2017 Page 2 of 76 Packet Pg. 145 3.B.c 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 ADJACENT ZONING AND LAND USE Zoning Land Use N Industrial Rural Industrial S Industrial Rural Industrial E I TTRVC Rural Fringe Receiving W Industrial Rural Industrial If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on a separate page) Section/Township/Range: 18 51 27 Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: Metes & Bounds Description: See attached property card CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00, of the Industrial zoning district for Wholesale trade -durable goods (type of use). Present Use of the Property: Vacant 5/08/2018 Page 3 of 12 Rev. 6/9/2017 Page 3 of 76 Packet Pg. 146 3.B.c CAY County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 EVALUATION CRITERIA Pursuant to LDC section 10.08.00 and Chapter 3 CA of the Administrative Code, staff's recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. On a separate page, provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district. e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? N/A 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? ❑■ No ❑ Yes (If yes please provide copies.) 5/08/2018 Page 4 of 12 Rev. 6/9/2017 Page 4 of 76 Packet Pg. 147 3.B.c Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of F.S. §695. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services Department, within 15 days of recording of said Memorandum or Notice. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising signs) immediately. ffiffiffimmam 5/08/2018 Page 7 of 12 Rev. 6/9/2017 Page 5 of 76 Packet Pg. 148 Co�er County 3.B.c COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net FEE REQUIREMENTS 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 All checks payable to: Board of County Commissioners Pre -Application Meeting: $500.00 (to be credited towards the application fee if the application is filed within 9 months of pre -application meeting) Conditional Use Application Fee: $4,000.00 o When filed with Rezone Petition: $1,500.00 o Additional fee for 5th and subsequent reviews: 20% of original fee Comprehensive Planning Consistency Review: $300.00 11 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Listed or Protected Species survey review fee (when an EIS is not required): $1,000.00 J Transportation Fee, if required: o Methodology Review Fee: $500.00 o Minor Study Review Fee: $750.00 o Major Study Review Fee: $1,500.00 L_ Estimated Legal Advertising Fee for the Hearing Examiner or CCPC: $1,125.00 Li Estimated Legal Advertising Fee for the BZA, if required: $500.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive N les, FL 34104 Agent/Owner Signature C 1-t4, I-(:- 5 /Z - 12 o l3,8 Agent/Owner Name (please print) 5/08/2018 -ZOzO Date Page 10 of 12 Rev. 6/9/2017 Pa e 6 of 76 Packet Pg. 149 3.B.c CAY County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 FAX: (239) 252-6358 Public Participation Requirements LDC Section 10.03.06 B. or C. Chapter 8 of the Administrative Code Notice for Minor Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the Hearing Examiner's receipt of the staff report and application materials in accordance with the applicable sections of the Administrative Code. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised Hearing Examiner hearing date. Public Hearing for Minor Conditional Use Petitions Hearing Examiner: The Hearing Examiner shall hold at least 1 advertised public hearing See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Notice for Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. 5/08/2018 Page 11 of 12 Rev. 6/9/2017 Page 7 of 76 Packet Pg. 150 3.B.c Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised public hearing date. Public Hearing for Conditional Use Petitions Environmental Advisory Committee (EAQ The EAC shall hold at least 1 advertised public hearing, if required. Collier County Planning Commission (CCPC): The CCPC shall hold at least 1 public hearing. Board of Zoning Appeals (BZA): The BZA shall hold at least 1 advertised public hearing 5/08/2018 Page 12 of 12 Rev. 6/9/2017 Page 8 of 76 Packet Pg. 151 3.B.c Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ADDRESSING CHECKLIST 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre -application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) 0 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) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) See attached Boundary Survey Im FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 00763880208 0 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) N/A 0 • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy -needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) N/A U PROPOSED PROJECT NAME (if applicable) r a South Florida Gas CU PROPOSED STREET NAMES (if applicable) N/A SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # PL20200001823 Rev. 6/9/2017 Page 9 of 76 Packet Pg. 152 3.B.c Co ier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) N/A Please Return Approved Checklist By: [i] Email Applicant Name: Daniel DeLisi, AICP ❑ Fax ❑ Personally picked up Phone: 239-913-7159 Email/Fax: danOa delisi-inc.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 00763880208 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: I J j Date: 01 /08/2021 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED rn C9 •L 0 U_ 0 U M N O O 0 0 0 N O N J d N O Ln Rev. 6/9/2017 Page 10 of 76 Packet Pg. 153 q 00 M (seE) epiiold 4;nos no £Z84000OZOZ-1d : USLO �ZLZLO a6eloed 6upeay - 8;uawy3eIIe :juewyoejjv Hk-5Sm q Csaw � 7 o'w=a'k�'bvim WA — oow ��Ye8� Jim=` ¢gip p,eH ' a Sgfi g 041 gE S p mffi En s e' k' d 8 4W= g y i ; V%,p ff7ga '§C ` C yy _fie i 'l, 5L ¢ 4S , N2H _ 8ge Hk+ I 14gW ANN'a HT� i 9a, 12 e� sWI A le _LO Cb IL c� IL 3.B.c •r �g� p r_ Y 'ta.- :• {y�, �U,�- 9y. SITE J� 1'.� '`M`'��l�.�s. `' � _, Aot- 71 1, .`• ^@ w ;,�zt1,l,�..-�� k yf f j I, kF- 1, ,p � � OAR � '/'+03'> y • ,i �, ■ n�� Y t ia� 4 /'` _ ► ti a q '� '�.- �� r � • rod' _ 4' J.R.EVANS SOUTH FLORIDA GAS SOUTH FLORIDA GAS- AERIAL EXHIBIT.DWG ENGINEERING AERIAL EXHIBIT September 16,2020 R O li t O U CO) N 00 TmM 0 0 0 N O N ^J I.L N 1.0 Re, 6/9/2017 Page 12 Packet Pg. 155 3.B.c DELISI Lend Use Planning & Water Policy Mr. John Kelly March 31, 2021 Zoning Services Collier County Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 Re: South Florida Gas Conditional Use Application Cover Letter Mr. Kelly, Attached is a Conditional Use application for a liquid propane gas storage and distribution facility. The proposed use is located along the north side of US 41 with access via Basik Drive in Collier County, Florida. The property is within the Rural Industrial area, on the County's Future Land Use Map. The zoning designation on the property corresponds to the future land use category, Industrial, and is located within an existing Site Development Plan, Big Cypress Market Place (See attached Future Land Use and Zoning maps). In accordance with LDC Section 2.03.08(A)2.a., the proposed "Wholesale trade -durable goods" (SIC Codes 5171 and 5172) use, is an allowable use in the Industrial zoning district through a Conditional Use application. Description of Proposed Use The applicant is submitting the attached Conditional Use application to be allowed to construct and operate a liquid propane storage and distribution facility on the subject property. The SIC Codes for this use are 5171 and 5172. The use itself is simply two cylindrical storage tanks with a shed that houses the electrical shut off and safety equipment. The Concept Plan shows that there will be a turnaround area for truck delivery and pick-up operations. The subject property is needed to more efficiently service customers in southern Collier County. South Florida Gas currently has two locations in Lee County, one directly on Alico Road and the other on Evans Avenue in the City of Fort Myers. The proposed use will not include and on -site retail sales or an office. Although the TIS uses standard trip generation rates for the use classifications, the actual anticipated operation of the site is even less intense than what the TIS shows. It is anticipated that there will be one large truck delivery to fill the tank(s) once per week in a season and only once per month off season. There will be one smaller truck pick up once every other day in season and once per week off season. Even in peak season, the maximum number of trips in any given day will not likely be greater than 1-2. There are no on -site workers or an office use, only unloading of gas into the tanks and loading of gas from the Conditional Use Cover Letter 11 P a g e Rev. 6/9/2017 Page 13 of 76 Packet Pg. 156 3.B.c tanks into smaller delivery trucks. The use of the site for delivery and pick up gas will occur Monday through Saturday. There are no ancillary uses of the site such as storage of vehicles. The request does not include any retail component or any use that would necessitate people entering the site. The very minimal truck traffic entering and existing the site will only occur during daylight hours 7am to 7pm. There are no operations that will create off site odor (such as tank repair or anything that would require any significant discharge of gas. Since this is a daytime operation, there is minimal lighting and only for nighttime security purposes. There will be no off -site spillage of light. The operation itself is a very passive use, not generating any significant traffic, with very minimal noise, no odor and no offsite glare from lights. The Concept Plan has been designed with consultation from the Fire District on location and orientation of the storage tanks, access and safety measure in case of a fire. The surrounding uses are all industrial with much more significant external impacts. Surrounding Uses The subject property is located in an area with a mix of Industrial, agriculture and low - density residential development in the immediate surrounding area. The property itself is in an area of industrial development and the subject parcel is in an Industrial future land use and zoning district. To the south and north of the subject property are additional parcels that are also part of the Big Cypress Market Place Site Development Plan which is an industrial development. To the west of the subject property is also industrial zoning and industrial developed property. To the east is property zoned Travel Trailer Recreational Vehicle Campground and used for storage of recreational vehicles. All of the properties immediately surrounding the subject property are developed with uses that are industrial in nature. The properties to the south and east are both developed with outdoor storage uses, mostly containing large vehicles such as recreational vehicles and boats. To the west of the subject property are uses including an auto salvage yard and two asphalt/concrete block plants. In accordance with LDC Section 10.08.00 and the Standards of Approval for a Conditional Use in the application, below is an analysis of how the subject property meets the criteria in the land development code. a. Consistency with the LDC and Growth Management Plan. The subject property is located in the Rural Industrial land use category on the future land use map in the Collier County Growth Management Plan. In accordance with Policy II(C), the Future Land Use Description in the Growth Management Plan, "The Rural Industrial District, which encompasses approximately 900 acres of existing industrial areas outside of Urban designated areas, is intended, and shall be reserved, for industrial type uses." The proposed Conditional Use Cover Letter 2 1 P a g e Rev. 6/9/2017 Page 14 of 76 Packet Pg. 157 3.B.c use is consistent with this policy as it is a use allowed in the Industrial Zoning district. The subject property is in the Industrial Zoning District in the Collier County Land Development Code. The proposed use is a warehouse and distribution type use with the specific SIC codes allowed through the conditional use process. In accordance with CCME Policy 6.1.1, the subject property, being in the Rural Industrial area, is required to preserve 50% of the on -site native vegetation, not to exceed 25% of the site. The overall SDP was permitted in 2005, well prior to adoption of this policy. The specific parcel in this SDP was cleared in accordance with the SDP in 2019 (see above responses). Being part of a larger SDP, the Big Cypress SDP, to the extent that this policy applies, it would be applied for the entire project, not this specific parcel. Therefore, the proposed Conditional Use plan complies with CCME Policy 6.1.1 as the application is only for a use on an already approved SDP on a lot already cleared as part of the SDP with no native trees. Objective 7.1. directs incompatible uses away from listed animal species and their habitats. The subject property is surrounded by industrial and intense commercial uses as described in d) below. The proposed use itself is even much more passive than other allowable uses in this zoning category. The proposed use is simply a storage tank with very passive use in terms of the amount of on -site activity. While the site currently does not contain any habitat for listed species, to the extent that a listed animal may enter this industrial area, the proposed use would not prevent wildlife from traversing the site or create any activity that would deter wildlife from the site. b. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The subject property has access to US 41 through the industrial access road, Basik Drive, leading to US 41. Use of an extension of Basik Drive will promote a safe environment for the truck traffic, avoiding the intermingling with non- industrial uses or pedestrian activity. At the access to US 41 are striped turn lanes allowing for safe ingress and egress and ease of flow of traffic. C. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. The gas storage use is located in an area that is isolated from properties that may present compatibility concerns. The subject property is along a road and within an area that comprises of all industrial uses, an asphalt and concrete batch plant and an automobile salvage yard, RV storage and other similar uses. The use itself does not let off glare, odor or noise. Traffic coming in and out of the site is very minimal and movement on the site itself is almost non-existent. Conditional Use Cover Letter 31 Pag, Rev. 6/9/2017 Page 15 of 76 Packet Pg. 158 3.B.c The closest residential unit is over 650 feet to the east, across the adjacent property, and over 750 feet from any structure on site. Based on the location, the surrounding uses and the site plan lay out, there will be no negative economic effects to surrounding properties. d. Compatibility with adjacent properties and other property in the district. As described above, based on the location, adjacent uses and design of the site, there are no compatibility issues with adjacent properties. Industrial uses already exist to the south and west of the property. To the north is a vacant property and to the east is a property used for RV storage. Through the location of the structures, which are on the west side of the property, and site activity on the site plan and the surrounding uses on adjacent and nearby parcels, the proposed gas storage will not have negative compatibility impacts on adjacent properties. e. Please provide any additional information which you may feel is relevant to this request. The proposed use is incredibly passive in nature. There will be almost no on -site activity and very few total trips coming on to the property. With an anticipated maximum of one trip on and off the property ever day in peak season total use of the property is extremely minimal. There are no adverse off -site impacts and design of the site has been done in conjunction with the Fire Department to ensure that the public safety is maintained. The use itself is highly regulated to ensure public safety and the use is located in an industrial area. There should be no compatibility concerns with the proposed use on the subject property. In conclusion, the proposed Conditional Use for the gas storage and distribution tanks meet the criteria for approval of Conditional Uses, is in compliance with and meets the intent of the Collier County Growth Management Plan and therefore should be granted. Should you have any questions or require any additional information, do not hesitate to contact me. Best regards. Daniel DeLisi, AICP DeLisi, Inc. Conditional Use Cover Letter 4 1 P a g e Rev. 6/9/2017 Page 16 of 76 Packet Pg. 159 3.B.c PICTURES OF GAS STORAGE TANKS: Rev. 6/9/2017 Page 17 of 76 Packet Pg. 160 3.B.c INSTR 5707882 OR 5626 PG 640 RECORDED 5/4/2019 2:50 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $630.00 REC $27.00 CONS $90,000.00 Property Appraiser's Parcel I.D. (folio) Number: 00763880208 Consideration: $90,000.00 WARRANTY DEED THIS WARRANTY DEED dated this 2-1 day of April, 2019, by PATRICK F. COLLINS and LINDA E. COLLINS, husband and wife, whose post office address is 840 Wintergreen Court, Marco Island, Florida 34145 (the "Grantor") 4o._NBC LAND HOLDINGS, LLC, a Florida limited liability company, whose post"t-N ix' dres s �7�93 Cordoba Circle, Naples, Florida, 34109 (the "Grantee"). (Wherever used herein the the heirs, legal representati% WITNESSETH: That the ($10.00) and other valuat grants, bargains, sells, aliel certain land situated in Cou * SEE ATT Subject to easements, restrictions, ntar'land,,"Grantee",include allt vfjpdrvtduals ah�the suc f aidin 4ot�id�rt erotto1q, rpt ip . whe' e f i releases, con' ys, andyce lier, State of Flo a, tb wii t 4 IBIT TO HAVE AND TO HOLD the same in Fee Simple forever. rties to this instrument and and assigns of corporations) sum of TEN AND 0/100 by acknowledged, hereby s unto the Grantee, all that of record, if any. 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 taxes accruing subsequent to: December 31, 2018. Warranty Deed Page 1 of 3 Rev. 6/9/2017 Page Packet Pg. 161 OR 5626 PG 641 3.B.c IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the resence of; l First W ne asp B,oth/ ` PATRICK F. COLLINS Print Tai SoCod > ness as to Both LINDA ��''� ° LINS Print Name: �'1/ld llri 6 STATE OF FLORIDA �tI COUNTY OF COLLIER�� P a+� j V The foregoing instrument wa aPknowledged before' `i I S day of April, 2019, by PATRICK F. COLLINS and LIIAJ�.,rOLLINS, wh � personally known to me or [] has producedf"as identification. (SEAL) MOLLIEANNE BOYER MY COMMISSION # G0120607 Po EXPIRES. July 2, 2021 '%9' Bonded Thru Notary Public underwnters Notary Pub ' - My Commission Expires: —)u L , 21 20 Z THIS INSTRUMENT PREPARED BY: KRAMER HUY P.A. FREDERICK C. KRAMER 950 North Collier Boulevard, Suite 101 Marco Island, Florida 34145 (239)394-3900 PREPARATION OF INSTRUMENT ONLY NO OPINION RENDERED File No.: 19-R-609 Warranty Deed Page 2 of 3 N �L U- 0 U CO) N 00 0 0 0 0 N O N J a N Cn LO Rev. 6/9/2017 Page Packet Pg. 162 3.B.c *** OR 5626 PG 642 *** * EXHIBIT A A parcel of land lying in and being a part of the East 1/2 of the East 1/2 of the East 1/2 of Section 18, Township 51 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commencing at the Northeast corner of Section 18, Township 51 South, Range 27 East, Collier County, Florida; thence along the East line of said Section 18, South 00°32' 17" West 1467.35 feet thence leaving the East line of said Section 18, North 89°29' 39" West 456.34 feet to the Point of Beginning of the herein described parcel of land; thence continue North 89°29' 39" West 200.00 feet to the West line of the East 1/2 of the East 1/2 of the East 1/2 of said Section 18, thence along the West line of the East )� e tA/2 of the East 1/2 of said Section 18, North 00°30' 21" East 200.00 feet; °°lust 200.00 feet; thence South 00 30 21 West 200.00 feet to tr iit of Beginning o}e�cin described parcel. Subject to an easement for roadway a% a ifi iv&,-in.-favo Warranty Deed recorded in Official Recor 153E Collier County, Florida, and theitffepP[�v0u �° �s current and future owners of"ab*n larids and t land thirty (30) feet in width yir►albr 'theaSte�rl3m described in Exhibit " A" an4lown on Exhibit " B" -6 Also subject to that certain eas"t°�xecuted in favor recorded in Official Records Book� I,,Page 1844, of Florida. Both easements extend the 4"idn 'ofth-6br( the Grantor and Grantee of that certain Page 1730'� of the Public Records of d��r¢ns, land also in favor of all orb; opr under and across a strip of 4,,siibj,6-- property therein legally ached to said deed. 'lower & Light Company Records of Collier County, ► North to South. Description of 30 feet Ingress, Egress, Utilityand-Drainage Easement: A parcel of land lying in and being a part of the East 1/2 of the East 1/2 of the East 1/2 of Section 18, Township 51 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commencing at the Northeast corner of Section 18, Township 51 South, Range 27 East, Collier County, Florida; thence along the East line of said Section 18, South 00°32' 17" West 1467.35 feet; thence leaving the East line of said Section 18, North 89°29' 39" West 456.34 feet to the Point of Beginning of the herein described 30 feet Ingress, Egress, Utility and Drainage Easement: Thence South 00°30' 21" West 295.60 feet; thence South 16011' 36" East 104.40 feet; thence South 00°30' 21" West 1007.17 feet to an intersection with the Northerly line of a County Road Right of Way, said point being on a curve concave to the Southeast, said curve having a central angle of 35°27' 01" , a radius of 50.00 feet, a chord bearing of South 00°41' 44" West and a chord length of 30.45 feet; thence run 30.94 feet along said curve to a point; thence leaving said curve North 00°30' 21" East 1007.95 feet; thence North 16'11' 36" West 104.40 feet; thence North 00°30' 21" East 500.00 feet; thence South 89°29' 39" East 30 feet; thence South 00°30' 21" West 200.00 feet to the Point of Beginning. Warranty Deed Page 3 of 3 Rev. 6/9/2017 Page Packet Pg. 163 3.B.c •r �g� p r_ Y 'ta.- :• {y�, �U,�- 9y. SITE J� 1'.� '`M`'��l�.�s. `' � _, Aot- 71 1, .`• ^@ w ;,�zt1,l,�..-�� k yf f j I, kF- 1, ,p � � OAR � '/'+03'> y • ,i �, ■ n�� Y t ia� 4 /'` _ ► ti a q '� '�.- �� r � • rod' _ 4' J.R.EVANS SOUTH FLORIDA GAS SOUTH FLORIDA GAS- AERIAL EXHIBIT.DWG ENGINEERING AERIAL EXHIBIT September 16,2020 R O li t O U CO) N 00 TmM 0 0 0 N O N ^J I.L N 1.0 Re, 6/9/2017 Page 21 1 Packet Pg. 164 3.B.c Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST APPLICANT INFORMATION Name of Applicant(s): South Florida Gas Address: 7970 Supply Drive Telephone: 239-334-3131 Cell: E-Mail Address: terry@southfloridagas.com City: Fort Myers State: FL Address of Subject Property (If available): N/A City: State: ZIP: LEGAL DESCRIPTION Section/Township/Range: 18 / 51 / 27 Lot: Block: Subdivision: Fax: Plat Book: Page #: Property I.D. Number: 00763880208 Metes & Bounds Description: TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System X❑ b. City Utility System ❑ C. Franchised Utility System ❑ d. Package Treatment Plant ❑ e. Septic System ❑ Provide Name:, (GPD Capacity): TYPE OF WATER SERVICE TO BE PROVIDED a. County Utility System ❑X b. City Utility System ❑ C. Franchised Utility System ❑ d. Private System (Well) ❑ PROVIDE NAME Total Population to be served: None. No on site facilities requested. Peak and Average Daily Demands: A. Water -Peak: 0 Average Daily: 0 B. Sewer -Peak: 0 Average Daily: 0 5/08/2018 ZIP: 33912 Page 5 of 12 Rev. 6/9/2017 Page 22 of 76 Packet Pg. 165 3.B.c CAY County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierxov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: N/A 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. This is a storage drop off and pick up location only. Need for water and sewer service is not anticipated. 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. N/A 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. 5/08/2018 Page 6 of 12 Rev. 6/9/2017 Page 23 of 76 Packet Pg. 166 3.B.c COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the Re C. Ie[Lte[Ra8e ui sucn inreresi: Name and Address % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership NBC Land Holdings, LLC 2338 Immokalee Road, Suite 435 Naples, FL, 34110 Keith A. Basik 100 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the iercentage of interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 Rev. 6/9/2017 Page 24 of 76 Packet Pg. 167 3.B.c 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 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the e f 9. eneral and/or limited partners: Name and Address % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership C & S Land Holdings II, LLC 2602 SE 28th Street, Cape Coral, FL 33904 Charles R. Robb, Manager 50 Stephine Robb, Manager 50 Date of Contract: 7/19/19 If any contingency clause or contract terms involve additional parties, list all individuals or of IlLtflb, II d LU1PU1dl.1U11, IJdfl.f1Cf�)fIIIJ, Uf LfUSI. Name and Address Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 �L LL t O U CO) N 00 0 0 0 0 N 0 N J (L N O) ti r Rev. 6/9/2017 Page 25 of 76 Packet Pg. 168 3.B.c COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: Co Y County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: , or Anticipated closing date: AL (LK_ 30N 20 Z 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/ wrier Signature Agent/Owner Name (please print) Created 9/28/2017 Date Page 3 of 3 Rev. 6/9/2017 Page 26 of 76 Packet Pg. 169 3.B.c AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20200001823 1 Keith A. Bask (print narne), as Manager (title, if applicable) of NBC Land Holdings, LLC (company, If ap licable), swear or affirm under oath, that I am the (choose one) owner= applicant =contract purchasermand 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 Daniel DeLisi, A{GP to act as ourlmy representative in any matters regarding this petition including 1 through 2 above. 'Notes: • If the applicant is a corporation, then if 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 per re that I have read the foregoing Affidavit of Authorization and that the facts s ted in Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instr mer t was acknowleged before me by means of physical presence or ❑online notarization this day of G , 20�, by (printed name of owner or qualifier) Such person(s) Notary Public must check apolirable box: ❑ Are personally known to me alias produced a Has produced ` Notary Signature: _ cn\os-COA-aat 15\155 REV 3W/2020 license M�� Rev. 6/9/2017 Pag Packet Pg. 170 3.B.c AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20200001823 1, Charles R. Robb (print name), as Manager (title, if applicable) of c & S Land Holdings II, LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicantQcontract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Daniel DeLIsi, AICP to act as our/my representative in any matters regarding this petition including 1 through 2 above. "Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member" • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. 31711,2 y -20 ;24( Signature D to STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of [,physical presence or El online notarization this day of 7�GTr� �� 20, by (printed name of owner or qualifier) �� / e /„• ,� �� Such person(s) Notary Public must check applicable box: [Are personally known to me ❑ Has produced a current drivers license ❑ Has produced as identification. S. Notary Signature: C�� +s '"p.%, IS,1 �' N:;•= MVCOMMISSI •o ...... BondBdIRE eveeNmbc�27t60,�� -- htyPub!!c Ur 6;rNrylters CP\08-COA-00115\155 REV 3/4/2020 Rev. 6/9/2017 Page 28 of 7 Packet Pg. 171 3.B.c DEVELOPMENT REGULATIONS SETBACK REQUIRED CONCEPTUAL PROVIDED FRONT 25' 25' SIDE 20" 20' REAR 15' 15, TOTAL OF ALL SIDE YARDS SHALL EQUAL 20% OF THE LOT WIDTH WITH A MAXIMUM OF 50' AND A MINIMUM OF 10'. I I I I I I I I I I I I I I I I I I I � I EXISTING 6.0' FPL EASEMENT (O.R. BOOK I 1512, PAGE 1844) EXISTING 30.0' ACCESS EASEMENT (O.R. BOOK 1222 PAGE 437) I PROJECT SUMMARY LAND USE IMPERVIOUS BUILDINGS 80SF 0.002AC 0.2 % PAVEMENT 16,179SF 0.371AC 40.4% CONCRETE 2,000 SF 0.046 AC 5.0 % TOTAL IMPERVIOUS AREA 18,259 SF 0.419 AC 45.6 % PERVIOUS OPEN SPACE 19,165 SF 0.440 AC 47.9% RETENTION AREA 2,576 SF 0.059 AC 6.4 % TOTAL PERVIOUS AREA LTOTAL 21,741 SF 0.499 AC 54.4% SITE AREA 40,000 SF 0.918 AC 100 % A 1/1Tr t� 1. NO NATIVE VEGETATION ONSITE AND THEREFORE NO PRESERVE IS REQUIRED. N I I I � SDP WATER MANAGEMENT AREA I ZONED: INDUSTRIAL LINOPERTY 0 30' 60' I 7 SCALE: 1" = 60' 5' TYPE "A" BUFFER EXISTING 30.0' INGRESS/EGRESS, PROPERTY Lh W I Q W I I W LINE � I f' W LL DRAINAGE/UTILITY EASEMENT (O.R. BOOK 1491, PAGE 1320)(OR BOOK 1536, PAGE 1730) I I 10 �. m � cl z� I } w } o I w WI f z I 1 N o C) 10'X8"SHED 25.0' REAR SETBACK 5' TYPE "A" BUFFER 20.0' SIDE ZONED: INDUSTRIAL SETBACK I PROI I I I I I I I I SDP WATER MANAGEMENT AREA I I I I I I I I I LINE I EXISTING 30.0' INGRESS/EGRESS, / DRAINAGEWTILITY EASEMENT (O.R. BOOK 5338, PAGE 2054) I I I I I N R R �L O LL t 3 O N U co) N 00 Tmm 0 C C N O N J d N rn ti Packet Pg. 172 3.B.c FLUCCS DESCRIPTION ACREAGE N 744 FILL AREAS 0.92 AC NOTE 1. MAPPING BASED ON PHOTOINTERPRETATION OF 2020 AERIAL PHOTOGRAPHY AND GROUND TRUTHING IN OCTOBER 2020. 0 20' 40' SCALE: 1" = 40' Packet Pg. 173 3.B.c SUMMARY OF NEIGHBORHOOD INFORMATIONAL MEETING South Florida Gas (CU), PL20200001823 May 27, 2021 at 5:30 p.m. at Eagle Lakes Community Center The meeting started at 5:30 pm with a presentation of the Conditional Use application by Daniel DeLisi. • DeLisi described the property location and zoning • The property access • The Use Proposed • The surrounding uses The following questions were asked: Question: Is this is propane or gasoline Answer: Propane Question: Is this flammable? Answer: Yes. Question: What would happen with a lightning strike? Answer: Nothing. The propane tanks are grounded. If there were a strike, the lightning would simply go to the surface. Question: How big is the tank being proposed? Answer: The tank has not been decided on yet. We are looking at an 18,000- or 30,000- gallon tank. Probably 118,000 tank to start, but the site plan shows the use of 2 tanks. Question: In season how many trucks? Answer: This facility is designed to serve mainly downtown Naples and Marco Island. Max 1 truck per day. At this point we are looking at 2-3 trucks per week, max. Off season it will be much more infrequent. We will have one 18-wheeler truck per week to fill up the tank, then 2-3 smaller 3,000 gallon trucks to fill up and deliver propane to customers. 11Page Rev. 6/9/2017 Page 31 of 76 Packet Pg. 174 3.B.c Question: Why didn't you look for a lot on Marco Island? Answer: Because it is not convenient to the Downtown area. We also looked at industrial areas in Naples, but there just isn't enough industrial land available. We need a minimum of 1 acre for this use. The site is a little farther out than we would like, but it was all we could find. Question: Who will be using the facility? Answer: Only our delivery trucks. Question: Who are the Customers? Answer: Residential homes and commercial businesses. Propane is used for emergency generators, there are a lot of people on breathing apparatuses that would not be able to survive without power - these are many of our customers. Elder care facilities and fire departments are customers. Most fire stations run on propane. The propane tanks here are buried so they are not seen. There are hundreds of facilities in Florida. Safety: Tanks are designed for safety. There are safety features that would shut off the tank if the valves were to be knocked off or damaged. If a truck driver pulled off a hose, the system would shut down. There are numerous checks and balances in the industry. There are two inspections every year from the State and additional inspections from the fire department. Homeland Security also regulates the industry for safety. Question: Do you also have cyber security? Answer: We deal with that for our customers and protection of credit card information. Question: Are you served by pipes? Answer: No. Propane is not piped. Question: Is the Conditional Use requesting 2 tanks? Answer: The request is for 2 tanks. Question: As far as similar sites that you mentioned, what are they adjacent to? And how far? Answer: Residential, about 750 feet. 2 1 P a g e Rev. 6/9/2017 Page 32 of 76 Packet Pg. 175 3.B.c Question: How long have those other facilities been around? Answer: We are not sure about when other facilities were built. Question: Can you send us the PowerPoint? Answer: Yes. Question: How did you make a determination that the use is complimentary to surrounding uses. Answer: The standard is "compatible, not "complimentary". As far as industrial uses go the proposed use has no noise, no dust, no activity. This is one of the most passive industrial uses possible. The property is already zoned industrial so this is among the most compatible with surrounding uses. Question: Are you willing to condition 4 trucks per week? Answer: No. Question: What discussions have been held with the Naples municipality and the fire department? Answer: We have had extensive talks with the Greater Naples Fire Department. They gave us specific instructions on what they want to see done. We have implemented all of their needs and they have signed off on it. Question: What protections in place for Fiddler's Creek. Answer: Nothing would travel that far. Fiddler's Creek is over 1 mile away. No explosion that would go that far. According to FL code, we can be within 100 feet of a major gas facility, 50 feet of the property line of an "important building" (gathering place of more than 50 people, child care facility, church, etc.) This is the national fire protection code. Question: Are the buffers code minimum? Will you commit to anything greater? Answer: The buffers are code Minimum. We will not commit to anything different at this time. We are open to follow up and discussion and listening to suggestions. Comment: Don't talk about this being gas. This is propane. Very Different. Gas conjures up something different that is much more threatening. If you don't want people to worry, call it propane. 31 age Rev. 6/9/2017 Page 33 of 76 Packet Pg. 176 3.B.c Question: If this is approved would retail sales be allowed? Answer: No. We have not asked for that as part of the application. Not part of the request. The facility is gated and no way for the public to get on to the site. Question: Am I overstating that there is virtually no way that there can be an explosion? Answer: We can't say never. Extremely rare. Explosions have happened with very different types of facilities. No cases where lightning has started a fire. Do not know of any cases of an explosion with this type of facility. Question: Who manufactures your tanks? Do they have different safety records? Answer: Don't know who the manufacturer will be. All tanks need to meet national standards and all have similar safety records. Question: There is residential in the area. Answer: Correct. There is residential to the east. Question: What hours will trucks be going in and out of this facility? Answer: All trucks will be using the site between 8am to Spm, but more likely 10am to 2pm. Question: Maximum gallons stored on site? Answer: 48,000 gallons. Question: Are other facilities unmanned? Who is monitoring the facility? Answer: We have cameras on everything. We will be monitoring the site constantly. Site is locked and meets Homeland Security requirements. Question: Do you have any affiliation with Sam's Gas? Answer: No. Question: Has this already been approved? Answer: No. We still have time for further discussions and to tour a facility. 4 1 P a g e Rev. 6/9/2017 Page 34 of 76 Packet Pg. 177 3.B.c f- couh4 20V/ rc Y _ / � , �d...s.>ti / �jOfsN, ��,.,' �° �-.�r€llGs.t.,�?�r�'L, �>cT✓ v D%v1 ,man I"kn� (D_,6es�hQ7- 69-c6AII C vWk ,/-P// ,ara� 0 U- 0 U CO) N 00 T— O 0 0 0 N O N J a N On Rev. 6/9/2017 Page 35 of 76 Packet Pg. 178 3.B.c State Timestamp FL 4/29/2021 14:11:26 (CDT) ZIP Code Final Publication Date 33407-5420 4/30/2021 0:00:00 (CDT) Your Name Ad Number Jennifer Peterson GC1O641014 Email Address Publication jeterson@localiq.com Naples Daily News Special sts include ts)het Market Naples Delivery Method Both Number of Affidavits Needed 1 Customer Email dan@delisi-inc.com Customer Name Delisi, Inc Name Daniel Delisi Street 520 27Th ST City West Palm Beach `o LL 0 U CO) N 00 V- 0 0 0 0 N 0 N J d N rn u� ti r Rev. 6/9/2017 Page 36 of 76 Packet Pg. 179 3.B.c • N-aptes Battli N PART Of THE USA TODAY NETWORK Published Daily Naples, FL 34110 DELISI INC 520 27'" ST WEST PALM BEACH, FL 33407 ATTN DANIEL DELISI 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 affianl 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. 4/30/2021 Subscribed and sworn to before on April 301h, 2021: Notary, State of WI, County of Brown TARA MONDLOCH Notary Public State of Wisconsin My commission expires: August 6, 2021 PUBLICATION COST: S1,040.26 AD NO: GC10641014 CUSTOMER NO: DELISI INC PO//: PUBLIC NOTICE Rev. 6/9/2017 Page 37 of 76 Packet Pg. 180 3.B.c NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood meeting held by Daniel DeLisi, of DeLisi, Inc., (dan@delisi-inc. com, 239-913-7159) representing NBC Land Holdings II, LLC (application #: PL20200001823, South Florida Gas (CU) on: May 27, 2021 at 5:30 p.m. in the Community Center Large Meeting Room, at the Donna Fiala Cagle Lakes Community Park, 11565 Tamiami Trail East, Naples, FL 34113 The property owner is petitioning Collier County to permit a conditional use on the property to allow for a liquid propane storage and distribution facility. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation to discuss the project. If you are unable to attend the meeting in -person and would like the opportunity to participate virtually, an on-line meeting will be available. Details related to joining the meeting can be obtained by contacting the individual listed above. Reservations for in -person meeting attendance is required to ensure that the CDC guidelines for social distancing can be achieved. Rev. 6/9/2017 Page 38 of 76 NDGCIIK41014-01 - Packet Pg. 181 NAPLESNEWS.- I IHIDAY APRIL 3n.. 113A 3.B.c Maryland House Speaker Adrienne Jones, third from left, stands with the presZra or Maryland's HBCU, a ft,, a bill zigntng c rem , em,arrcr,Pn,, $577M settlement for HBCU suit finalized erlan Wltt. iudgc 6d that lhr sloth Ind m:,in •s —Ano-1 tanned 'a dual and segregated educa- tion system•' that violated the Conran, ANNAPOLIS. NId -Maryland has 1,- lion. nalized a $57 milli,in s,.•Itleto—t to "With loduy hkl,.dc srlllemenl of cnda 15-year led-1 lawsuit relrrltng to the l IRCtl If, hat ion, we are linally able rt&,fm ling at On, star.'. Four his- to move forward In AN, c rry college lod-ily Black colleges and u sludenti. Ma,ylandlhechanecles c.- lics,'late olfirialsannounad Wednes- ,a.'rd; said Maryland House Speaker day. Adrienne Jone.. who sponsored the Tlw MntYiww Attorney General's kylldulnu offtecslaned Ib1 "rtN rM I � tvilloal Till — my will In, r.id ovrrh dec_ nays fur LlN pIdMYD Wrollle 111e ILf0. tale lw schelershlps and fhnaneial aid Lawmnkers passed legislotin, eialle, support sL well as focally This year in set aside the money, and ruilmenl rand deedupment Fmds Gov, Larry Hogan sighed the bill Mst nlsn rnuld he used to expand and im- h I oil h- Pro fisting acad—w fn.,. ns.in- 'This scllle,nenl marks an historic d.dirlgonline In.g,.ms, os .,It as the I. —I in Maryland's Ilistutically dt-Iup,neut and I p"nleuLhnun of Black Colleges,md Uve nirsities�hi, ;' Al— ru m 11—it Pn,grn. ney C,•ncrnl Brian Fr,.sh aid. "It will Ti a• mrn,Py will br dwthibmed rich nablel terse valued instant ions to P. year based on each srl,nol's share of the panel lhri.... dennicleachanAloassisl total enrollment during the preceding thousands of students with getting the academic yenr:,t r,ll Four of Maryland's edncatao Ihry deserve." 110CUs: 31a,gan state uniaersiv. Cop - The bwsoil dating 102006 accused pin Statr Uniuersily, B.Me State Uni- MarylandofundedundingtheseinsaF vcrsily and l he Univet.Hy of Ma, yIand Ind— whir developing programs at Hasleln Shure. traditionally white schoAk lha t direetly pmsh said he expects to meet a un ,cled with them, draining away Junes dradline with fedrr.,1 eourf: In pmspccllate students. In 2013, a fr,irml c 1114M the leans NEIGHBORHOOD INFORMATION MEETING Shoppes at Santa Barbara MPUD Amendment JPL202000022331 A Neighborhood Information Meeting hosted by D. Wayne Arnold, AICP, of C. Grady Minor and Associates, P.A, and Richard D. Yovanovich, tsq. of Coleman, Yovanovich S Koester, PA., representing Altman Development Company, LLC (Applicant) will be held on May 18, 2021, 5:30 pm at New Hope Ministries, 7675 Davis Blvd, Naples, FL 34104. Individuals who have questions or would like to participate remotely should contact Sharon Umpenhour, Senior Planning Technician with C. Grady Minor & Associates, P.A. by email: surnpenhourtilgradymino, com, phone: 239-947-1144, or mail: 3800 Via Del Rey, Bonita Springs, FL 34134. Project information is posted online at www.gradyminor com/planning. Altman Development Company, LLC submitted a formal application to Collier County, seeking approval of a Mixed Use Planned Unit Development (MPUD) Amendment. The amendment proposes to modify the previously approved permitted uses to add a maximum of 242 mull i-family residential dwelling units as a de,velopmenl option within a 15.11 acre portion of the MPUD, add development standards for the residential dwelling units and to modify the Master Plan to designate commercial and mixed -use tracts for the project. The subject property is comprised of 15.1s acres, located on the northeast corner of Santa Barbara Boulevard and Davis Boulevard in Section 4, Township 50 South, Range 26 East. Collier County, Florida. NEIGHBORHOOD INFORMATION MEETING The public is invited to aucnd a neighhollroud meeting held by Daniel Del_isi. of DeLisi, [if, (dan(wdehsi-inc, ctna, 239-91 3-7L59) ieplcsculing NBC' Laud ILJlditgs II. LLC (application 11, PL20200001823. South Florida Gau (CU) ,it; May 27, 2021 at 5:30 p.m. in the Community Center Large Meeting Room, al the Donna Fiala Eagle Lakes Community Park. 11565 Tanliami Trail East, Naples, PL 34113 The property owner is petitioning Collict County to permit it Conditional use on the propcu)' to allow 101 it liquid propane storage and distribution facility. WE. VALUE YOUR INPUT Business and properly owners, residents and visitors are weleoole to aucnd the presentation In discuss the pro>iecl. IFyou are unable t, attend the nheefinc in -person and would like the oppnlltirmy a) participate virtually, an on-line meeting will be available. Details related to joining the meeting can be oMaineLl by contacting the individual listed above. Reservations for in -person meeting attendance is required to ensure that the CDC guidelines for social distancing can be achieved CRc ' \vIAWW JDay L t7 IhMta W ehln' , . M Itrr,rxd+• WNI a ,gpny,tw Ye. n„dMnar .4,e rnr'ytu,r nx a,ll Sunday, May 9th, 2020 Hurry! Deadline is Monday, May 3rd Please call 888-508-9353, email classiliedAnaple sne ws. com, or visit www.napiesnews.com/celebrations to place your ad today! Rev. 6/9/2017 Page 39 of 76 Packet Pg. 182 3.B.c AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance (Signature of Applicant) State of Florida ss� County of P ieryt.dM A.Jae h The foEme einAffidavit of c pliance was cknowledged before me this � day of Zc�� i S j , who is personally '7 ho has produced O— as identification Printed Name of Notary G:\NIM Procedures/Affidavit Of Compliance - NIM Oct2010.13oc ENE a BROWN t'* `jtary O'piSSION # GG 213365 EXPIRES: May 11,2022 6olxladThruN�taryPublicUndmfiibM Rev. 6/9/2017 Page 40 of 76 Packet Pg. 183 3.B.c May 7, 2021 Dear Property Owner: Please be advised that a formal application has been submitted to Collier County seeking approval of a Conditional Use (CU) for the following described property: PETITION NO. PL20200001823 - South Florida Gas (CU) — Request for approval of a Conditional Use to allow a liquid propane storage and distribution facility pursuant to Section 2.03.04.A.1.c.23 of the Collier County Land Development Code on a 0.92± acre property located on the east side of Recycling Way approximately 0.4 miles north of Tamiami Trail East (US 41) in Section 18, Township 51 South, Range 27 East, Collier County, Florida. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to become fully aware of the proposed use and give you the opportunity to provide comments and suggestions. The Neighborhood Information Meeting will be held on Thursday, May 27' at 5:30 PM in the Community Center Large Meeting Room, at the Donna Fiala Eagle Lakes Community Park, 11565 Tamiami Trail East, Naples, FL 34113. Due to COVID-19, special accommodations will be made to allow people to attend in person or virtually. The meeting will be held indoors at the Community Park where CDC guidelines will be observed. Reservations for in -person meeting attendance is required to ensure social distancing can be met. The meeting will also be online via Zoom. Should you choose to either participate in the Zoom meeting or want to attend in -person, please notify us via email at danndelisi-inc.com 12rior to May 27``' to allow us to send you login instructions and document your reservation. At this meeting the petitioner will make every effort to illustrate how the property will be developed and to answer any questions. Should you have questions prior to the meeting, please contact me. Sincerely, DeLisi, Inc. 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e;uauayoe;;e :}uauayoe;;d 00 m M � M O (O N 00 O N a.O N CO O N O O ++ O I- N 'IT It O d O N N fj N O O O O C+0 ONOM'00 0 0 0'0 10 r, Ln Ln L() Ln r i` O 0 0 O CO CO CD Cfl O O (D 0) M d O O O In Ln LO ti CO Cfl (fl co U) U) J J J co crc ) � 000 U)U)ZZZ J J m' w m' Z) Q Q J J J z Z Z U U U 2 O 0 z O U Z z J O J Cl) Z U O� W o Q N CD J COQm m Q O O O �I J 0 Q Z O J 0 0 0 _ D Z d Z J Z CO W J IL z U U 0 0 0 0 (D (D z~-�2—Nmm F-O X X X O M UOOOWW o�Mmmmaa �2000Qa M m m m z z W J J_ U J 06 LL H CO CO LU W U W W W U U N � V ww W W Q Q Q OO- 3 3: Ww Q 3.B.c Tpeuiicock plannino-enuineerine Traffic Impact Statement Prepared for: South Florida Gas Conditional Use (CU) Collier County, Florida 3/23/2021 Prepared by: J.R. Evans Engineering, P.A. Trebilcock Consulting Solutions, PA 9351 Corkscrew Road, Suite 102 2800 Davis Boulevard, Suite 200 Estero, FL 33928 Naples, FL 34104 Phone: 239-405-9148 Phone: 239-566-9551 Email: ntrebilcockl@trebilcock.biz Collier County Transportation Methodology Fee* — $500.00 Fee Collier County Transportation Review Fee — Small Scale Study — No Fee Note — *to be collected at time of first submittal Rev. 6/9/2017 Page 45 of 76 Packet Pg. 188 3.B.c South Florida Gas — CU — TIS — March 2021 Statement of Certification I certify that this Traffic Impact Statement has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. This item has been electronically signed and sealed by Norman J. Trebilcock, P.E., State of Florida license 47116, using a SHA-1 authentication code. Printed copies of this document are not considered signed and sealed, and the SHA-1 authentication code must be verified on any electronic copies. Norman J. Trebilcock, AICP, PE, PTOE FL Registration No. 47116 Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Company Cert. of Auth. No. 27796 Trebilcock Consulting Solutions, PA Page 12 Rev. 6/9/2017 Page 46 of 76 Packet Pg. 189 3.B.c South Florida Gas — CU — TIS — March 2021 Table of Contents ProjectDescription.......................................................................................................................................4 TripGeneration.............................................................................................................................................5 Trip Distribution and Assignment.................................................................................................................6 BackgroundTraffic........................................................................................................................................8 Existing and Future Roadway Network......................................................................................................... 8 Project Impacts to Area Roadway Network -Link Analysis............................................................................ 9 Site Access and Intersection Turn Lane Analysis........................................................................................10 Right Turn Lane — Westbound US 41 (SR 90) and Basik Drive Intersection............................................11 Left -Turn Lane — Eastbound US 41 (SR 90) and Basik Drive Intersection...............................................11 ImprovementAnalysis................................................................................................................................11 Mitigationof Impact...................................................................................................................................11 Appendices Appendix A: Project Master Site Plan........................................................................................................12 Appendix B: Initial Meeting Checklist (Methodology Meeting).................................................................14 Appendix C: Trip Generation Calculations ITE 10th Edition.......................................................................21 Appendix D: Turning Movements Exhibits.................................................................................................27 Trebilcock Consulting Solutions, PA P a g e 13 �L 0 LL t 0 U CO) N 00 0 0 0 0 N 0 N J (L N O) u� ti r Rev. 6/9/2017 Page 47 of 76 Packet Pg. 190 3.B.c South Florida Gas — CU — TIS — March 2021 Project Description The South Florida Gas project is located at the northern extent of Basik Drive, approximately 2,200 feet north of the US 41 (SR 90) and Basik Drive intersection, within Section 18, Township 51 South, Range 27 East, in southern Collier County, Florida. The project site has an area of approximately 0.92 acres and is currently vacant. Refer to Figure 1— Project Location Map, which follows and Appendix A: Project Master Site Plan. Figure 1— Project Location Map Project N SOUTH FLORIDA --� ✓fin AUTO RECYCLING Cernev O ai = QA The Links of Naulr r� r`=7 The South Florida Gas Conditional Use (CU) project proposes an unmanned, liquefied petroleum gas (LP) bulk distribution facility. Current zoning for the project is I (Industrial District). The Industrial Zoning designation allows for the wholesale storage of liquefied petroleum as a Conditional Use under the Wholesale trade —non -durable goods classification. There will be an 8-foot by 10-foot storage building on site as well as the gas storage tank(s). No other permanent structures are proposed. The anticipated operating characteristics for this project were provided by the facility owner and state that the proposed facility will accommodate 1 large truck supplying LP gas once every week, in peak season, to the onsite storage tanks. In addition, 1 smaller LP delivery truck will refill at the facility every other day in peak season conditions. The Institute of Transportation Engineers (ITE) Trip Generation Manual (TGM) does not have a specific Land Use Code (LUC) for LP gas bulk distribution facilities. As such, the LUC 110 — General Light Trebilcock Consulting Solutions, PA P a g e 14 Rev. 6/9/2017 Page 48 of 76 Packet Pg. 191 3.B.c South Florida Gas — CU — TIS — March 2021 Industrial, is conservatively used as a traffic generator for the purposes of this study. The trip generation will be based on a hypothetical 1,000 square foot (sf) building to illustrate the expected traffic this facility will produce. The project provides a highest and best use scenario with respect to the project's proposed trip generation. Based on the ITE TGM, 10th Edition applicable land uses and per coordination with Collier County Transportation staff, the development program is illustrated in Table 1. Table 1 Development Program Development Land Use [SIC Codes] ITE Land Use ITE Land Total Size* Use Code Petroleum Bulk Propose CU Stations/Petroleum Wholesalers General Light 110 1,000 sf Project [5171/5172] Industrial Note(s): *No occupied structures are proposed for this project. The total size illustrated is utilized to generate an appropriate trip generation for the proposed project. A methodology meeting was held with the Collier County Transportation Planning staff on October 20, 2020 via email (as referenced in Appendix B: Initial Meeting Checklist). For purposes of this evaluation, the project build -out year is assumed to be consistent with the Collier County 2025 planning horizon. Connection to subject project is proposed as 2 full access connections to Basik Drive at its northern extent. Basik Drive connects to US 41 with an existing full access opening. Trip Generation The project's site trip generation is based on the ITE Trip Generation Manual, 10th Edition. The software program OTISS (Online Traffic Impact Study Software, most current version) is used to create the raw unadjusted trip generation for the project. The ITE rates or equations are used for the trip generation calculations as applicable. Based on ITE recommendations and Collier County Traffic Impact Statement (TIS) guidelines, no reductions for internal capture or pass -by trips have been taken into consideration. A trip generation comparison was made between the 2 available independent variables for this LUC, per 1,000 square feet of gross floor area and number of employees. The calculations for trip generation utilizing employees conservatively considered 2 employees; the first employee is the driver of the weekly supply truck and the second employee is the driver of the LP delivery vehicle. The independent variable square feet produced the higher trip generation and is used in the analysis for this report. Trebilcock Consulting Solutions, PA P a g e 15 Rev. 6/9/2017 Page 49 of 76 Packet Pg. 192 3.B.c South Florida Gas — CU — TIS — March 2021 The proposed CU trip generation is shown in Table 2. Table 2 Trip Generation (Proposed Conditions) — Average Weekday 24 Hour Two -Way AM Peak Hour PM Peak Hour Volume ITE Land Use Size Enter Exit Total Enter Exit Total General Light Industrial 1,000 sf 5 1 0 1 0 1 1 Detailed calculations can be found in Appendix C: Trip Generation Calculations ITE 101h Edition. In agreement with the Collier County Traffic Impact Study (TIS) guidelines, significantly impacted roadways are identified based on the proposed project highest peak hour trip generation (net new total) and consistent with the peak hour of the adjacent street traffic. Based on the information contained in Collier County 2020 Annual Update and Inventory Report (AUIR), the peak hour for the adjacent roadway network is PM peak hour. For the purpose of this TIS, the surrounding roadway network link concurrency analysis is based on projected PM peak hour net traffic generated by the proposed CU project (refer to Table 2). The site access turn lane analysis is calculated based on the overall generated traffic at build out conditions — weekday AM and PM peak hour trips (refer to Table 2). Trip Distribution and Assignment The traffic generated by the development is assigned to the adjacent roadways using the knowledge of the area and as coordinated with Collier County Transportation Planning Staff. Estimated trip distribution is shown in Table 3, Project Traffic Distribution for PM Peak Hour, and is graphically depicted in Figure 2 — Project Distribution by Percentage and By PM Peak Hour. Trebilcock Consulting Solutions, PA Page 16 Rev. 6/9/2017 Page 50 of 76 Packet Pg. 193 3.B.c South Florida Gas — CLI — TIS — March 2021 Table 3 Project Traffic Distribution for PM Peak Hour Collier Distribution of PM Peak Hour Project Vol.* Roadway Link County Roadway Link Location Project Traffic Link No. Enter Exit US 41 (SR 90) 95.3 Greenway Rd. to Basik Dr. 70% EB — 0 WB —1 US 41 (SR 90) 95.3 Basik Dr. to San Marco Dr. 30% WB-0 EB — 0 Note(s): *Peak hour, peak direction traffic volumes are underlined and bold to be used in Roadway Link Level of Service calculations. Figure 2 — Project Distribution by Percentage and by PM Peak Hour Project N SOUTH FLORIDA = AUTO RECYCLING O 70% Cemer O n Project Trip Distribution by 30% eLmks or Naplr� Percentage Project N SOUTH FLORIDA •• AUTO RECYCLING O WB - 1, EB 0 Ceme.O Project Trip Distribution by PM Peak Hour Entering Traffic WB - 0, EB - 0 Trebilcock Consulting Solutions, PA Page 17 �L O LL t O N U CO) N O T- O O O O N O N J N Cn LO ti r Rev. 6/9/2017 Page 51 of 76 Packet Pg. 194 3.B.c South Florida Gas — CU — TIS — March 2021 Background Traffic Average background traffic growth rates were estimated for the segments of the roadway network in the study area using the Collier County Transportation Planning staff guidance of a minimum 2% growth rate, or the historical growth rate from annual peak hour peak direction traffic volume (estimated from 2008 through 2020), whichever is greater. Another way to derive the background traffic is to use the 2020 AUIR volume plus the trip bank volume. Table 4, Background Traffic without Project illustrates the application of projected growth rates to generate the projected background (without project) peak hour peak direction traffic volume for the build -out year 2025. Table 4 Background Traffic without Project (2020 - 2025) 2020 AUIR Projected 2025 Projected 2025 Projected CC Pk Hr, Pk Traffic Pk Hr, Peak Dir Pk Hr, Peak Dir Roadway AUIR Roadway Link Dir Annual Growth Background Trip Background Background Traffic Volume Traffic Volume Link Link Location Traffic Growth Factor w/out Project Bank w/out Project ID # Volume Rate (trips/hr) (trips/hr) Trip (%/yr) * (trips/hr) Growth Factor** Bank*** US 41 Greenway Rd. (SR 90) 95.3 to Basik Dr. 900 4.0% 1.2167 1,095 157 1,057 US 41 (SR 90) 95.3 Basik Dr. to San Marco Dr. 900 4.0% 1.2167 1.095 157 1,057 Note(s): *Annual Growth Rate - from 2020 AUIR spreadsheet, 2% minimum. **Growth Factor = (1 +Annual Growth Rate)5. 2025 Projected Volume = 2020 AUIR Volume x Growth Factor. ***2025 Projected Volume = 2020 AUIR Volume +Trip Bank. The projected 2025 Peak Hour — Peak Direction Background Traffic is the greater of the Growth Factor or Trip Bank calculation, which is underlined and bold as applicable. Existing and Future Roadway Network The existing roadway conditions are extracted from the 2020 Annual Update and Inventory Report (AUIR) and the project roadway conditions are based on the current Collier County Five -Year Work Program (FY2020-FY2024). Roadway improvements that are currently under construction or are scheduled to be constructed within the five-year Transportation Improvement Plan (TIP) or Capital Improvement program (CIP) are considered to be committed improvements. As no such improvements were identified in the Collier County Five -Year Work Program (FY2020-FY2024), the evaluated roadways are anticipated to remain as such through project build -out (2025 planning horizon year). The existing and future roadway conditions are illustrated in Table 5, Existing and Future Roadway Conditions. Trebilcock Consulting Solutions, PA P a g e 18 Rev. 6/9/2017 Page 52 of 76 Packet Pg. 195 3.B.c South Florida Gas — CU — TIS — March 2021 Table 5 Existing and Future Roadway Conditions CC 2020 Peak 2025 Peak Dir, 2020 Min. 2025 Roadway AUIR Roadway Link Dir, Peak Hr Peak Hr Roadway Standard Roadway Link Link ID Location Capacity Capacity Conditions LOS Conditions # Volume Volume US 41 (SR 90) 95.3 Greenway Rd. to Basik Dr. 2U D 1,075 (EB) 2U 1,075 (EB) Basik Dr. to US 41 (SR 90) 95.3 2U D 1,075 (EB) 2U 1,075 (EB) San Marco Dr. Note(s): 21J = 2-lane undivided roadway; 4D, 6D, 8D = 4-lane, 6-lane, 8-lane divided roadway, respectively; LOS = Level of Service. Project Impacts to Area Roadway Network -Link Analysis The Collier County Transportation Planning Services developed Level of Service (LOS) volumes for the roadway links impacted by the project, which were evaluated to determine the project impacts to the area roadway network in the future (2025). The Collier County Transportation Planning Services guidelines have determined that a project will be considered to have a significant and adverse impact if both the percentage volume capacity exceeds 2% of the capacity for the link directly accessed by the project and for the link adjacent to the link directly accessed by the project; 3% for other subsequent links and if the roadway is projected to operate below the adopted LOS standard. Based on the data contained within the 2020 AUIR, the US 41 segment from Greenway Road to San Marco Drive (Link ID #95.3) is shown to operate with a LOS deficiency in 2025 under background conditions. US 41 is under the Florida Department of Transportation (FDOT) jurisdiction and is listed as a Plan Period 2 (2026-2030) Construction Funded Project in the Collier County Metropolitan Planning Organization (MPO) 2045 Long Range Transportation Plan (LRTP). Currently, there are remaining trip bank trips for this roadway segment. This project does not create any significant impacts to the area roadway network. Table 6, Roadway Link Level of Service illustrates the LOS impacts of the project on the roadway network closest to the project. As illustrated in Collier County Land Development Code (LDC), Chapter 6.02.02 — M.2., once traffic from a development has been shown to be less than significant on any segment using Collier County TIS criterion, the development's impact is not required to be analyzed further on any additional segments. The link directly accessed by our project (US 41, CC Link No. 95.3) is not significantly impacted by the project (link is under 2% Collier County significance threshold). As such, all other roadway links are disregarded for the significance criteria. Trebilcock Consulting Solutions, PA P a g e 19 Rev. 6/9/2017 Page 53 of 76 Packet Pg. 196 3.B.c South Florida Gas — CU — TIS — March 2021 Table 6 Roadway Link Level of Service (LOS) — With Project in the Year 2025 2025 Peak Roadway 2025 Peak Min LOS Min LOS CC Dir, Peak o Vol % Roadway AUIR Roadway Link Dir, Peak Link Peak Hr Capacity exceeded exceeded Link Link Location Hr Dir, Peak Hr Volume Impact by without with ID # Capacity (Project Vol w/P*oject Project Project? Project? Volume Added)* Yes/No Yes/No US 41 Greenway Rd. to (SR 90) 95.3 Basik Dr. 1,075 (EB) EB-0 1,095 0.00% Yes Yes US 41 (SR 90) 95.3 Basik Dr. to San Marco Dr. 1,075 (EB) EB — 0 1,095 0.00% Yes Yes Note(s): *Refer to Table 3 from this report. ** 2025 Projected Volume = 2025 Background Volume (refer to Table 4) + Project Volume. Based on Table 6, the proposed development has no transportation impacts to the roadway level of service (0.0% impact). The analyzed roadway segments are not located within the Collier County's Transportation Concurrency Exception Area (TCEA). In addition, the proposed development is not situated within the County's designated Transportation Concurrency Management Area (TCMA). The TCEA's and TCMA's designations are provided in Policy 5.4 and 5.6 of the Transportation Element — Collier County Growth Management Plan (GMP). Site Access and Intersection Turn Lane Analysis Connection to subject project is proposed as 2 full access connections to Basik Drive at its northern extent. The 2 access points will allow for an easier circulation for large transport trucks through the project site. Basik Drive connects to westbound US 41 at an existing full access opening. Turn lane lengths required at future build -out conditions are analyzed based on the number of turning vehicles within the peak hour traffic. This report assumes the existing project accesses are adequate to accommodate the entire project build -out traffic. Basik Drive is a two lane, undivided local roadway and has an assumed legal speed limit of 25 mph in the vicinity of the project. US 41 (SR 90) is a two-lane, without curb and gutter, undivided, Urban Principal Arterial — Other (UPAO) under the Florida Department of Transportation (FDOT) jurisdiction and has a posted speed of 60 mph in the vicinity of project. Trebilcock Consulting Solutions, PA P a g e 1 10 Rev. 6/9/2017 Page 54 of 76 Packet Pg. 197 3.B.c South Florida Gas — CU — TIS — March 2021 Right Turn Lane - Westbound US 41 (SR 90) and Basik Drive Intersection There is an existing westbound right -turn lane on US 41 that is approximately 440 feet long. Based on a posted speed of 60 mph on US 41 in the vicinity of project, the right -turning threshold volume for recommending a right -turn lane is 35-55 vph, according to the FDOT Access Management Guidebook. The project is expected to accommodate 0 vph and 0 vph right -turning movements during the AM and PM peak hour, respectively, which is below the FDOT threshold values. As such, turn lane modifications are not recommended at this location. Left -Turn Lane - Eastbound US 41 (SR 90) and Basik Drive Intersection There is an existing eastbound left -turn lane that is approximately 200 feet long and is developed to its maximum extent. As illustrated in the Access Management Guidebook, Section 6.3, on a two-lane roadway, exclusive left -turn lanes should be considered at any location serving the public, especially on curves and where speeds are 45 mph and higher. Under background conditions and per the FDOT 2021 Standard Plans, the left -turn lane needs to be a minimum of 460 feet (which includes 50 feet of taper) plus required queue. The project is expected to generate 1 vph and 0 vph eastbound left -turning movements during the AM and PM peak hour, respectively, which is considered a negligible operational impact. This turn lane is constrained by the left -turn lane directly west of this project and cannot be extended further. As such, based on the minimal traffic generated by the subject project, turn lane improvements are not recommended at this time. Improvement Analysis The US 41 segment from Greenway Road to San Marco Drive (Link ID #95.3) is shown to operate with a LOS deficiency in 2025 under background conditions. Based on the capacity roadway link analysis results, the proposed project is not a significant traffic generator for the roadway network at this location. Improvements are forecasted for this roadway segment in the 2045 MPO LRTP. Consistent with the turn lane analysis results, turn lane modifications are not recommended on US 41 for this project. Mitigation of Impact The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are issued for the project, or due to its minimal impacts such fees may not be required. Trebilcock Consulting Solutions, PA P a g e 1 11 Rev. 6/9/2017 Page 55 of 76 Packet Pg. 198 3.B.c South Florida Gas — CU — TIS — March 2021 Appendix A: Project Master Site Plan Trebilcock Consulting Solutions, PA P a g e 1 12 Rev. 6/9/2017 Page 56 of 76 Packet Pg. 199 3.B.c South Florida Gas — CU — TIS — March 2021 DEVELOPMENT REGULATIONS SETBACK REQUIRED CONCEPTUAL PROVIDED FRONT 25' 25' SIDE 20" 20' REAR 15, 15, TOTAL OF ALL SIDE YARDS SHALL EQUAL 20%OF THE LOT WIDTH WITH A MAXIMUM OF W ANDA MINIMUM OF 10'. I � I I � I I I I I I I I { I PROJECT SUMMARY LAND USE IMPERVIOUS BUILDINGS W)SV D0o9.Al: 02- PAVEMENT -6,! G SF D an AC ana°- CONCRETE 2,uDD SI ooan AC 501.1 TOTAL IMPERVIOUS AREA m, 25s sF Wa AC 45.6�, PERVIOUS OPEN SPACE ano AC 419e. RETENTION AREA 7,57E SF D-AC ea•:. TOTALPERVIOUSAREA Sr D.a.9A AC sa ass TOTAL SITE AREA aD.00n sr Coln Ac: ioo°" I I I NOTES I I I I. NO NATIVE VEGETATION ONSITE AND THEREFORE NO PRESERVE IS EXISTING 6.0' FPL REQUIRED. I I L, EASEMENT (O.R. BOOK 1512, PAGE 18M) EXISTING 30.0' ACCESS I- EASEMENT (O.R. BOOK 1222, PAGE 437) SDP WATER MANAGEMENT AREA I I i I I ZONED: INDUSTRIAL F I I 1 I 5' TYPE "A" BUFFER PROPERTY O LINE LO W m I Ox # 0 w w I I LLCO l a a 1 I LL m j. �. Z a F +� I o 1 I Z 101 I I .00 I _ I i jy 10'X(r SHED 25D"REAR 1 --4—_ � SETBACK i I 5' TYPE "A' BUFFER I 20.0'SIDE� ZONED: INDUSTRIAL SETBACK I I I I I I SDP WATER MANAGEMENT AREA I I I I I I I Trebilcock Consulting Solutions, PA N — PROPERTY D LINE 0 30' 60' 1 SCALE: 1" = 60' EXISTING 30.0' INGRESS/EGRESS. I DRAINAGE/UTILITY EASEMENT (O.R. BOOK 1491, PAGE 1320)(OR BOOK 1536, PAGE 1730) I II > of LU W z o EXISTING 30.0' INGRESSIEGRESS, DRAINAGE/UTILITY EASEMENT (O.R. BOOK 5338, PAGE 2054) f PROPERTY LINE i / P a g e 1 13 Rev. 6/9/2017 Page 57 of 76 Packet Pg. 200 3.B.c South Florida Gas — CU — TIS — March 2021 Appendix B: Initial Meeting Checklist (Methodology Meeting) Trebilcock Consulting Solutions, PA P a g e 1 14 Rev. 6/9/2017 Page 58 of 76 Packet Pg. 201 3.B.c South Florida Gas - CU - TIS - March 2021 MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply, or N/A (not applicable). Date: October 20, 2020 Time: N/A Location: N/A - Via Email People Attending: Name, Organization, and Telephone Numbers 1) Michael Sawyer. Collier County Growth Management Division 2) NormanTrebilcock, TCS 3) Daniel Doyle, TCS Studv Preparer: Preparer's Name and Title: Norman Trebilcock, AICP, PE Organization: Trebilcock Consulting Solutions, PA Address & Telephone Number: 2800 Davis Boulevard, Suite 200, Naples, Fl. 34104; ph 239-566-9551 Reviewer(s): Reviewer's Name & Title: Michael Sawyer. Proiect Manager Organization & Telephone Number: Collier County Transportation Planning Department 239-252-2926 Applicant: Applicant's Name: J.R. Evans Engineering, P.A. Address: 9351 Corkscrew Road, Suite 102, Estero, FL, 33928 Telephone Number: 239-405-9148 Proposed Development: Name: Bic Cypress Market Place - South Florida Gas - Conditional Use (CU) Location: On northern terminus of Basik Drive, approximately 2.200 feet north of US 41/SR 90 and Basik Drive intersection (Refer to Figure 1) Land Use Type: ffE Land Use Code (LUC) Industrial ITE Code #: LUC 110 - General Light Industrial Description: The CU project proposes an unmanned, liduified petroleum gas (LP) bulk distribution facility on an approximately 0.92-acre vacant parcel. There will be an 8' x 10' storage building on site as well as the gas storage tank(s). No other permanent structures are proposed. The operating characteristics nrovided by the facility owner state that the proposed facility will have I large truck suyylving LP every 2 weeks in season and I LP delivery trek will refill at the facility every other day in season. As no specific ITE LUC exists for the proposed use. the LUC 110 is conservatively used as a traffic generator for Page 1 of 6 Trebilcock Consulting Solutions, PA P a g r 1 15 N O 0 I- N I- N ti 0 m M Y U to O_ C 'L M ry t M Rev. 6/9/2017 Page 59 of 76 Packet Pg. 202 3.B.c South Florida Gas — CU — TIS — March 2021 the purposes of this study. The trip generation will be based on a hypothetical 1,000 sf building to illustrate the expected traffic this facility will produce. Zoning Existing: I - Industrial Comprehensive plan recommendation: No change Requested: To allow for proposed development Figure 1— Project Location Map Project N SOL DI FLORIDA �a!e AUTO RECYCLING , c .o O _ I o OThe inks of Napl r G , Findines of the Preliminary Study: Study type: Since estimated project net new traffic volume is less than 50 AM or PM 2- way peak hour trips, this study aualifies for a Small Scale TIS — no significant roadway and/or operational impacts within the county right-of-way. This TIS will include AM -PM peak hour trip generatiom traffic distribution and assignments, significance test, roadway link analysis and site access points turn lane analysis. Roadway concurrence analysis — based on PM Peak Hour weekday traffic — 2D/o/2D/a✓3% criterion Site Access —The project has 2 full access connections to Basik Drive, an existing internal roadway that connects to US 41 at its southern most point. Basik Drive has one full access ovening onto northbound US 41. Analysis based on Proposed total build -out estimated AM -PM Peak Hour weekday traffic. The existing southbound left -turn lane on US 41 at Basik Drive is constructed to its maximum extent. US 41 Posted speed — 60 mph. Consistent with ITE recommendations and Collier County TIS Guidelines, internal capture and pass -by reductions are not considered for this study. Page 2 of 6 Trebilcock Consulting Solutions, PA P a g e 1 16 to co �L 0 LL z O O V M N O V- O O O O N O N J a N O O ti N ti N ti O m M ca M c �L M t M Rev. 6/9/2017 Page 60 of 76 Packet Pg. 203 3.B.c South Florida Gas — CU — TIS — March 2021 Study Type: (if not net increase, operational study) Small Scale TIS ® Minor TIS ❑ Maior TIS ❑ Study Area: Boundaries: South — US 41 (SR 90) Additional intersections to be analyzed: N A Build -out Year: 2025: Planning Horizon Year: 2025 Analysis Time Period(s): Concurrence PM Peak Hour, Operational AM -PM Peak Hour. Future Off -Site Developments: N/A Source of Trip Generation Rates: ITE 10'h Edition Reductions in Trin Generation Rates: None: N/A Pass -by trips: N/A Internal trips: N/A Transit use: N/A Other: N/A Horizon Year Roadway Network Improvements: 2025 Methodoloev & Assumptions: Non -site traffic estimates: Collier Countv traffic counts and 2020 AUIR Site -trip generation: OTISS ITE 10' Edition Trip distribution: Engineer's estimate — refer to Figure 2. Traffic assignment method: project trip generation xcilh background growth Traffic growth rate: historical 2008 — 2020 growth rate or 2110 minimum Turning movement assignment: Engineer's estimate refer to Figure 3. Special Features: (from preliminary study or prior experience) Accidents locations: N/A Sight distance: N/A Queuing: N/A Access location & configuration: N/A Traffic control: MUTCD Signal system location & progression needs: N/A On -site parking needs: N/A Data Sources: CC 2020 AUIR: CC Traffic Counts Base maps: N/A Prior study reports: N/A Access policy and jurisdiction: N/A Review process: N/A Requirements: N/A Miscellaneous: N/A Page 3 of'6 Trebilcock Consulting Solutions, PA P a g e 1 17 Rev. 6/9/2017 Page 61 of 76 Packet Pg. 204 3.B.c South Florida Gas — CU — TIS — March 2021 Figure 2 — Project Trip Distribution by Percentage Project N SOUTH FLORI°A AUTO RECVCL NG O , 70% C.- O Project Trip Distribution by 30% Percentage Figure 3 — Project Turning Movements by Percentage 70% Project Turning Movements by Percents e Go gle Page 4 of 6 Trebilcock Consulting Solutions, PA Rev. 6/9/2017 N R �L O LL t O U CO) N 00 V- O 0 0 0 N O N J d N On ti r P i g e 118 Page 62 of 76 Packet Pg. 205 3.B.c South Florida Gas — CU — TIS — March 2021 Small Scale Study - No Fee X Minor Study - $750.00 Major Study - $1,500.00 Methodology Fee - $500.00 X Includes 0 intersections Additional Intersections - $500.00 each Allfees will be agreed to during the Methodology meeting and moat be paid to Transportation prior to our sign -off on the application. SIGNATURF,S NDrmaw TrebUoocle Study Preparer—Norman Trchilcock Reviewer(s) Applicant Page 5 of 6 Trebilcock Consulting Solutions, PA P a g r 1 19 Rev. 6/9/2017 Page 63 of 76 Packet Pg. 206 3.B.c South Florida Gas — CU — TIS — March 2021 Collier County Traffic Impact Study Review Fee Schedule Pees will be paid incrementally as the development proceeds: Methodology Review, Analysis Review, and Sufficiency Reviews. Fees for additional meetings or other optional services are also provided below. Methodology Review - $500 Fee Methodology Review includes review of a submitted methodology statement, including review of submitted trip generation estimate(s), distribution, assignment, and review of a "Small Scale Study" detemmination, written approval/comments on a proposed methodology statement, and written confirmation of a re -submitted, amended methodology statement, and one meeting in Collier County, if needed. "Small Scale Study" Review - No Additional Fee (Includes one sufficiency review) Upon approval of the methodology review, the applicant may submit the study. The review includes: a concurrency determination, site access inspection and confumation of the study compliance with trip generation, distribution and maximum threshold compliance. "Minor Study Review" - $7..% Fee (Includes one sufficiency review) Review of the submitted traffic analysis includes: optional field visit to site, confirmation of trip generation, distribution, and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assa mbled, review of off -site improvements within the right-of-way, review of site access and circulation, and preparation and review of "sufficiency" comments/questions. "Maior Study Review" - $1,500 Fee (Includes two interseo ion anahsis and two sufficiency reviews Review of the submitted traffic analysis includes: field visit to site, confirmation of trip generation, special trip generation and/or trip length study, distribution and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of traffic growth analysis, review of off -site roadway operations and capacity analysis, review of site access and circulation, neighborhood traffic intrusion issues, any necessary improvement proposals and associated cost estimates, and preparation and review of up to two rounds of "sufficiency" comments/questions and/or recommended conditions of approval. "Additional intersection Review" - $500 Fee The review of additional intersections shall include the same parameters as outlined in the "Major Study Review" and shall apply to each intersection above the fust two intersections included in the "Major Study Review" "Additional Sufficiency Reviews" - $500 Fee Additional sufficiency reviews beyond those initially included in the appropriate study shall require the additional Fee prior to the completion of the review. Page 6 of 6 Trebilcock Consulting Solutions, PA Page 1 20 tts tts �L O LL z 7 O V M N 00 T- O O O O N O N J a N O LO ti N ti N ti O N R Y v tts t1 C sir O O t M Rev. 6/9/2017 Page 64 of 76 Packet Pg. 207 3.B.c South Florida Gas — CU — TIS — March 2021 Appendix C: Trip Generation Calculations ITE 10th Edition Trebilcock Consulting Solutions, PA P a g e 1 21 Rev. 6/9/2017 Page 65 of 76 Packet Pg. 208 3.B.c South Florida Gas - CU - TIS - March 2021 Land Use: 110 General Light Industrial Description A light industrial facility is a free-standing facility devoted to a single use. The facility has an emphasis on activities other than manufacturing and typically has minimal office space. Typical light industrial activities include printing, material testing, and assembly of data processing equipment. Industrial park (Land Use 130) and manufacturing (Land Use 140) are related uses. Additional Data Time -of -day distribution data for this land use are presented in Appendix A. For the 30 general urban/ suburban sites with data, the overall highest vehicle volumes during the AM and PM on a weekday were counted between 7:30 and 8:30 a.m. and 4:30 and 5:30 p.m., respectively. The sites were surveyed in the 1980s, the 2000s, and the 2010s in Colorado, Connecticut, Indiana, New Jersey, New York, Oregon, Pennsylvania, and Texas. Source Numbers 106, 157, 174, 177, 179, 184, 191, 251, 253, 286, 300, 611, 874, 875, 912 Trip Generation Manual 10th Edition • Volume 2: Data • Industrial (Land Uses 100-199) Trebilcock Consulting Solutions, PA Page 122 Rev. 6/9/2017 Page 66 of 76 Packet Pg. 209 3.B.c South Florida Gas — CU — TIS — March 2021 South Florida Gas - CU 10/20/2020 DTD Trip Gen Manual, 10th Ed Size Weekday AM Peak Hour PM Peak Hour Entry Exit Entry Exit Entry Exit 11000 Sq. Ft. GFA 3 2 1 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 2 1 0 0 1 3 2 1 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 2 1 0 0 1 PERIOD SETTING Analysis Name: Weekday Project Name : South Florida Gas - CU No: Date: 10/20/2020 City: State/Province: ZiplPostal Code: Country: Client Name: Analyst's Name: DTD Edition: Land Use Independent Size Time Period Method Variable 110 -General Light 1000 Sq. Ft. GFA 1 Weekday Average Industrial (General 4.96 Urban/Suburban) Trebilcock Consulting Solutions, PA Trip Gen Manual, 10th Ed Entry Exit Total 3 2 5 60% 40% P a g 1 23 N O O �L O LL t O N U CO) N 0 T_ 0 0 0 0 N 0 N J d N rn ti r Rev. 6/9/2017 Page 67 of 76 Packet Pg. 210 3.B.c South Florida Gas - CU - TIS - March 2021 PERIOD SETTING Analysis Name: AM Peak Hour Project Name : South Florida Gas - CU No: Date: 10/20/2020 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: DTD Edition: Trip Gen Manual, 10th Ed Land Use Independent Size Variable Time Period Method Entry Exit Total 110 - General Light 1000 Sq. Ft. GFA 1 Weekday, Peak Average 1 0 1 Industrial (General Hour of Adjacent 0.7 100% 0% Urban/Suburban) Street Traffic, One Hour Between 7 and 9 a.m. PERIOD SETTING Analysis Name: PM Peak Hour Project Name : South Florida Gas - CU No: Date: 10/20/2020 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: DTD Edition: Trip Gen Manual, 10th Ed Land Use Independent Size Variable Time Period Method Entry Exit Total 110 - General Light 1000 Sq. Ft. GFA 1 Weekday, Peak Average 0 1 1 Industrial (General Hour of Adjacent 0.63 0% 100% Urban/Suburban) Street Traffic, One Hour Between 4 and 6 p.m. Trebilcock Consulting Solutions, PA Rev. 6/9/2017 N cv �L O LL t r O N U CO) N 00 T- 0 0 0 0 N O N J (L N O) ti r Page 124 Page 68 of 76 Packet Pg. 211 3.B.c South Florida Gas — CU — TIS — March 2021 Land Use Siz 110 - General Light Industrial (General Urban/Suburban) Reduction Internal Pass -by Non -pass -by Total Total Reduction Totallnternal Total Pass -by Total Non -pass -by 2 L PERIOD SETTING Analysis Name: Weekday Project Name : South Florida Gas - No: Employees Date: 10/20/2020 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: DTD Edition: Trip Gen Manual, 10th Ed Land Use Independent Size Variable Time Period Method Entry Exit Total 110 - General Light Employees 2 Weekday Best Fit (LOG) 7 7 14 Industrial (General Ln(T) = 0.77Ln(X) 50% 50% Urban/Suburban) +2.13 Trebilcock Consulting Solutions, PA P a g , 1 25 N R R �L 0 t O U CO) N 00 T_ 0 0 0 0 N 0 N J (L N C) u7 ti Rev. 6/9/2017 Page 69 of 76 Packet Pg. 212 3.B.c South Florida Gas - CU - TIS - March 2021 PERIOD SETTING Analysis Name: AM Peak Hour Project Name: South Florida Gas - Employees Date: 10/20/2020 State/Province: Country: Analyst's Name: DTD Land Use Independent Variable 110 - General Light Employees Industrial (General Urban/Suburban) ►R.: City: Zip/Postal Code: Client Name: Edition: Size Time Period Method 2 Weekday, Peak Best Fit (LIN) Hour of Adjacent T = 0.54 (X)+-2.2 Street Traffic, One Hour Between 7 and 9 a.m. PERIOD SETTING Analysis Name: PM Peak Hour Project Name : South Florida Gas - No: Employees Date: 10/20/2020 City: State/Province: Country: Analyst's Name: DTD Land Use Independent Variable 110 - General Light Employees Industrial (General Urban/Suburban) Trebilcock Consulting Solutions, PA Rev. 6/9/2017 Zip/Postal Code: Client Name: Edition: Size Time Period Method 2 Weekday, Peak Best Fit (LIN) Hour of Adjacent T = 0.54 (X)+-3.96 Street Traffic, One Hour Between 4 and 6 p.m. Trip Gen Manual, 10th Ed Entry Exit Total 0 0 0 0% 0% Trip Gen Manual, 10th Ed Entry Exit Total 0 0 0 0% 0% N R R �L O LL t r O N U CO) N 00 T- 0 0 0 0 N O N J d N On LO ti Page 126 Page 70 of 76 Packet Pg. 213 3.B.c South Florida Gas — CU — TIS — March 2021 Appendix D: Turning Movements Exhibits Trebilcock Consulting Solutions, PA Page 127 Rev. 6/9/2017 Page 71 of 76 Packet Pg. 214 3.B.c South Florida Gas — CU — TIS — March 2021 0 Pampered Paws I jp L OAl Vacuum; - LL t r 3 O 70°/0 U 00 30°�0 0 0 0 Project Turning 0 o Movements by a Percentage Go gle N Ln - T p, T" T" N N o o � R Pampered Paws nt CU Q C �L R O AIVacuum d L m r AM-1 PM-0 0 E w r Inbound AM-5, PM-13 AM-0, PM-0 Project Turning Movements by AM/PM Go gle a Peak Hour r <�l Trebilcock Consulting Solutions, PA P a g 1 128 Rev. 6/9/2017 Page 72 of 76 Packet Pg. 215 (seE) epiiold 4;nos no £Z84000OZOZ-1d : USLO �ZLZLO a6eloed 6upeay - 8;uawy3elle :juewyoejjv Hk-5Sm - _ q Csaw � ns- Jx.g$ €„vim Ye8� ' a Sgfi g 041 H S p mffi En s e' k' d 8 4W= g y i ; §Xp f f7ga '§ay ` C yy _fie i 'l, 5L ¢ 4S , N2H _ 8ge Hk+ I 14gW � ANN'a i 12 g . ek'e a s a omtl ck'L �8 'k§ �u T8 N a c� a 3.B.c (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LANDDEVELOPMENT) 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) AFFIDAVIT OF POSTINGNOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS F QUIRED BY SECTION 10.03.000F THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER }P6Zc)2.6� mind 1i;rz3 SIGNATURE OF APPLICANT OR AGENT i�A *,-P—i bej,;s NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER ,�acp 2 `?,`4 54, STREET OR P.O. BOX w,��Jf, �%<M CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this LJ�' day of JL.l , 20A by ,�y� l J.,U ! UX Sl� , personally known to me or who produced as identification and who did/did not take anoath. 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U as tl ms 4 J3 -4 ww uc 6133HS 33S - 3NIl HO1tlW CO&V County 3.B.e 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 Hearing Examiner For Petition Number(s): PL20200001823 Regarding the above subject petition number(s), C & S Land Holdings Il, LLC (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearing of the Collier County Hearing Examiner, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Name: CI—Xlb4cL:3 Signature:L%'�Z ® Applicant* ® Legal Counsel to Applicant Date: * 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. 225 08/12/2021 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.0 Item Summary: PETITION NO. VA-PL20190001140, Charleston Square Condominium - Request for a variance from Section 5.03.02.C.2.a of the Land Development Code to increase the maximum rear yard wall height on a residential Planned Unit Development lot greater than 1 acre from 6 feet to f18.33 feet, to allow for a 10-foot wall to replace an 8-foot wall destroyed by Hurricane Irma that was constructed on an 8.33-foot berm along the northern property line of Parcel "A", Charleston Square, located to the north of the Imperial Golf Course Boulevard and Charleston Square Drive intersection, within the f98-acre Imperial West Planned Unit Development, in Section 15, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 2 Meeting Date: 08/12/2021 Prepared by: Title: Planner — Zoning Name: John Kelly 07/26/2021 6:39 PM Submitted by: Title: — Zoning Name: Mike Bosi 07/26/2021 6:39 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Hearing Examiner (GMD Approvers) Diane Lynch Review Item Zoning Ray Bellows Review Item Zoning Mike Bosi Zoning Director Review Hearing Examiner Andrew Dickman Meeting Pending Review Item Completed Completed 07/27/2021 12:40 PM Completed 07/28/2021 5:46 PM Completed 07/29/2021 2:33 PM 08/12/2021 9:00 AM Packet Pg. 226 3.C.a Coffier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: AUGUST 12, 2021 SUBJECT: PETITION VA-PL20190001140 CHARLESTON SQUARE WALL HEIGHT PROPERTY OWNERS/AGENT: Owner/Applicant: Charleston Square Homeowner's Association 1349 Charleston Square Dr. Naples, FL 34110 REQUESTED ACTION: Agent: Tom Barber, AICP Agnoli, Barber & Brundage, Inc. 7400 Trail Blvd., Suite 200 Naples, FL 34108 To have the Collier County Hearing Examiner (HEX) consider an application for a variance from N Section 5.03.02.C.2.a of the Land Development Code (LDC) to increase the maximum rear yard a wall height on a residential Planned Unit Development (PUD) lot greater than one acre from 6 feet r to 18.33± feet, to allow a 10-foot wall to replace an 8-foot wall destroyed by Hurricane Irma that ti was constructed on an 8.33-foot berm along the north property line of Parcel "A", Charleston Square. r N GEOGRAPHIC LOCATION: The subject property is located on the north side of Imperial Golf Course Boulevard at the north end of Charleston Square Drive, within the 98± acre Imperial West PUD, in Section 15, Township 48 South, Range 25 East, Collier County, Florida. (See location map on page 2). VA-PL20190001140 Charleston Square Page 1 of 7 July 20, 2021 Packet Pg. 227 to L) M - IIeM swnluiwopuoo ejenbs uo;salae43 VA Oti11,L0006LOZ-1d : 1�65L0 MZOZLO podem I}e;s :;uew4Oe;;d a. m ®� W G c G 40 z ! I � I Z En r Q 16 rc< Z O Charleston Square DR 'o aQ U U L F p m d �® Q _ m hnparlal Park 'IF, Q TRACT B Z O d J Aau n.L ..DR Cha cston S "mre rial It"' C x S \J s."I UV 01 s O p 1J 1114-IJO l\'.\\Je4wF' 0 U OC 5 w m e JLJ rpucJea"jr lAod M e U i 2 a Z "anal Yl J»H I"A Q a l: Y _ _ J ss A J y . \'I tong w r "IJ ia Wrist a CT t- e nub' a S. 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The applicant desires a 10-foot wall to mitigate the impact of noise and dust from a Cemex concrete batch plant that exists on the adjoining property to the north and operates 24 hours a day. Cemex has provided a letter of no objection for a wall of up to 12 feet in height. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding boundaries of the subject property: North: A concrete batch plant located within both an Industrial (1) zoning district and the Krehling Industries PUD East: Recreational tract of the Imperial West PUD South: Imperial Golf Course Boulevard (Right -of -Way) followed by residential component of the Imperial West PUD West: Golf Course within a Golf Course (GC) zoning district. F' Prop�rry l's ', Prepm.d Well tic `- 1 "�o� ' , r: Charloston Square Proposed Wall r, �__ [Mnac� Location Map r im LO ti r VA-PL20190001140 Charleston Square Page 4 of 7 July 20, 2021 Packet Pg. 230 3.C.a GROWTH MANAGEMENT PLAN (G ) CONSISTENCY: The subject property is in the Urban, Mixed Use District, Urban Residential Subdistrict, on the County's Future Land Use Map (FLUM) of the Future Land Use Element (FLUE) of the GMP. The GMP does not address individual Variance requests but deals with the larger issue of the actual use. The existing single-family use is consistent with the FLUM of the GMP. The requested variance does not have any impact on this property's consistency with the County's GMP. STAFF ANALYSIS: The subject Variance is requested to replace a previously permitted 8-foot concrete wall that was constructed upon a berm as depicted within an approved landscape plan that was approved as part of SDP-96-130, as amended; see Attachment B. Zoning staff was unable to locate a building permit or prior variance having been approved for the wall which was subsequently destroyed by Hurricane Irma. The applicant desires to replace said wall with one that is two feet higher, upon an existing berm of 8.33± feet high extending the length of the north property line, in accordance with the approved SDP landscape plan. As the LDC states that fences and walls are to be measured from ground level the berm has been added to the overall fence height resulting in a n overall wall height of 18.33 feet; the length of the wall is 292± feet. The decision to grant a variance is based on the criteria in LDC Section 9.04.03. A. through H. (in bold font below). Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes, there is an existing berm along the north property line that must be accounted for when measuring wall height. Additionally, this residential development abuts a concrete plant (an industrial use) to the north which creates noise and dust that can be reduced by a wall. r b. Are there special conditions and circumstances, which do not result from the action of ti the applicant such as pre-existing conditions relative to the property, which are the subject of the Variance request? N Yes, the existing wall was destroyed by Hurricane Irma. The neighboring industrial use is also a special condition and circumstance beyond the control of the applicant; said concrete plant operates 24 hours a day. C. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? No; however, it is the intent of the proposed wall to mitigate the impact to residents of the adjacent concrete batch plant. d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? VA-PL20190001140 Charleston Square Page 5 of 7 July 20, 2021 Packet Pg. 231 3.C.a Yes, the Variance proposed would be the minimum Variance to allow the increase in wall height from eight feet to ten feet, exclusive of the existing berm. Approval of the Variance will mitigate the impacts of the adjoining industrial use thereby enhancing standards of health, safety, and welfare by decreasing dust and noise levels. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, by definition, a Variance bestows some dimensional relief from the zoning regulations specific to a site. However, LDC Section 9.04.02 provides relief through the Variance process for any dimensional development standard, such as the requested wall height increase. As such, other properties facing a similar hardship would be entitled to make a similar request and would be conferred equal consideration on a case by case basis. E Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes, approval of the Variance will not be injurious to the neighborhood or detrimental to the public welfare. Approval of the variance will result in improving the privacy and security of abutting properties, improves noise abatement, and protects neighborhoods with enhancing community character. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes, there is an existing berm along the north property line; however, said berm is not of N sufficient elevation in and of itself to mitigate the noise and dust from the neighboring a industrial use. r LO h. Will granting the Variance be consistent with the GMP? Yes, approval of this Variance will not affect or change the requirements of the GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear variance petitions. Since the subject variance doesn't impact any preserve area, the EAC did not hear this petition. CONCURRENT LAND USE APPLICATIONS: There are no concurrent land use applications under review at the present time. RECOMMENDATION: VA-PL20190001140 Charleston Square Page 6 of 7 July 20, 2021 Packet Pg. 232 3.C.a Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition VA- PL20190001140 to allow for the replacement of an 8-foot wall with a 10-foot concrete wall to be placed upon an existing 8.33-foot berm for an overall wall height of 18.33 feet as measured from grade in accord with the most current approved SDP and as depicted within Attachment A,. Attachments: A) Supplemental Exhibits, revised 10-9-18 B) Applicant's Backup Package C) HEX Hybrid Meeting Waiver r LO ti r VA-PL20190001140 Charleston Square Page 7 of 7 July 20, 2021 Packet Pg. 233 ci M swniuiwopuoo aaenbg uo;salae43 do NU0006LOZld : WSLO sueld lleM - y;u8wt43e;;d :}uGw4oe;;y N +J N i Ln alOOO a o O �a a) o eo 0 �¢a ............ o �PRTf ry O LL V ) z O F— U LL U w (n 06 U) z Q r z O F— U LL F— z O U U w LL w w ry U z O U Q U y n v / Q U 'A�y r' 1//. n LLJ W O z Of z LLJ w Of J j O} J Z O O N g w F J J V (fl (n "o Un z O a NJ L.L z a O J M o z J _� a UZ 0 NCO w a o 0 L) W z T (D � o a z w m LL w M Z a r r� (V �� x w w Q Q J Z a J� z 0 d .__ o Z Q V v >oM a m U` a UU' O H 22 as J > C W Q ti° =� Z of ~ w z } (n (n UO a M C7 = ao O �OO in X m LL Z U) N �-- a ^ Un w W K X o 0W cM a� z U m ani W O b OW UJ� LLJ�� w 0 O N M w F--1 Q" a w W w af Li o LLJ ELLi U w ~ O CO Q ~ z W W W OCL'ta J O a Q W LL z z o cn (n cn EL w a 1 c 0 0 F cn a a) [If Of 0 (3) N O O N N 00 CD N N O Q D``N D W / Z M J W LL H W^ W W O W QQ S H YU w~ U� w J S OZp W,OWO U h W Q m O_p m O J Of Ill T W U (1)U) O SJ OH[YLL e U p O O aLLW 7FJ aZ Q HW(n xF O0m2 UUW7p U�FOZLLOa-� wwD0aOaoQm z2 zWN 0UQ JHOTLL ZZ,7OzO a ZH = a OOLLO W Z Of K Z mN02 U z (Y - W p Z O I- z m m WWQmZQW'00�O9((Y OW LLWSWHLLQJWOJ > NU wHZE(7LLz Wpp mm mn of �a siY � OwW w O Y W W L WO Q 0I. zJ� zWUUQ6 go mOU)^,w0 WOma LL7LL LLLou: O E: W 0 U UwOQFW = W Z LiZOWj 0U2 U w0Hmw maWJa90 _W OW OUoOU WW w za m a W 2 OLLS z mm m OUS02 Z ahW I aW} w KO O zpa Q YW❑ UzWOJLL a(9 CZ7 zJU LL'mwWQIiIaU LL of K oW W JJ> iN it ow`F~O W �aJm mW-OpH W a Z U) W O2w �~w�m W Z. 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J 6 IIN cn LLJ // // Q J p °' T \/jj a a SD U- o Un 'o E W O v n a m \ CL LL N LUwa X J U) LU LL m \\ \\ \\ \\ \\ \ LL O .0 a,L LL�\\\\/\/c a:W o 00 o 0 O (D-O LL U (A U0'Cd in a o of „3-.8 6 0 o° o m LO p o a . 6 b 8 CO x cif a CO co � o o E .N D -O o m c o \\ \\\ \\\ \\� " " o % (O / / / / / T ca LLo 10 \\ \\ �� i, L N U �❑> �O H0 % / or �o z�o >( N (o - a a > 'o rn \ U - N 2 w Q Q VJ a d LL -(L a) ° n 0 0-w Co 0 o U Q J \ j/ LL DU_ C W c c O LL Q E �w w U L m m a i�J \ \� Ems « w a? c c 0lYa HEARING PACKAGE CHECKLIST A. Backup provided by the County Planner Q E The agent is responsible for all required data included in the digital file of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN 'BACKUP PROVIDED BY APPLICANT." .2 Planner responsible for providing the County Attorney -drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT - STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE STAFF REPORT] B. Backup provided by Applicant: PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO PROVIDE DUPLICATES OF ANY DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION, IF THE BACKUP PROVIDED BY APPLICANT IS IN DISARRAY -MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE APPLICANT PROVIDES MULTIPLE DUPLICATES -THE APPLICANT COULD LOSE ITS HEARING DATE. ✓ Application, to include but not limited to the following: -"'Narrative of request a ✓ Property Information LO ✓Property Ownership Disclosure Form Any other documents required by the specific petition type; such as a variance, a boat dock extension; PUD amendment, rezone request, etc. ✓ Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) Affidavit of Unified Control �! Affidavit of Representation.i Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) �,vr rj-2w_ ✓ W Information (Sign in sheet, notes, minutes and transcript/or summary) +'- Include 3 thumbnail drives of video and/or audio Traffic Impact Study (TIS) Environmental Data Historical/Archeological Survey or Waiver Utility Letter ✓DE-Ly-atton Justifications Revised5/18/2018 Provide to Agents G:\CDES Planning Serv!ces\Current\Zon1ng 5taff Informatior\Job Aides or Help Guides Packet Pg. 237 3.C.c ✓ Boundary Survey _ILOther 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. Submerged Resource Surveys may be included here if required. one Of file for all documents ✓,,pg understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same order for flash drive must contain the documents in one pdf file. It is the agent's responsibility to ensure no documentation is left out. 4--� 2�2- 0 7 %e4 /.�.I Signature of Agent Representative Date Printed Name of Signing Agent Representative Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Curnent\ZoningStaff InformationuobAides or Help Guides Packet Pg. 238 3.C.c 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 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00 & Code of Laws section 2-83 — 2-90 Chapter 3 J. of the Administrative Code PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Property Owner(s): Charleston Square Homeowner's Association Name of Applicant if different than owner: Trevor Calhoun, Unit Owner & Board President Address:1349 Charleston Square Dr. City: Naples Telephone: 239-451-9394 Cell: State: FL Zip: 34110 Fax: r CD E-Mail Address: whitehawk959@gmail.com ti Name of Agent: Tom Barber, AICP Firm: Agnoli, Barber & Brundage, Inc. Address: 7400 Trail Blvd, Suite 200 City: Naples State: FL Zip:34108 Telephone:239-597-3111 Cell: Fax: E-Mail Address: tom.barber@abbinc.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 4/27/2018 Pa Packet Pg. 239 3.C.c Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collier,gov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) Property I.D. Number: 25970020085 Section/Township/Range: 15 / 48 / 25 Subdivision: Charleston Square Condominium Unit: Lot: Block: Metes & Bounds Description: Address/ General Location of Subject Property: Total Acreage: 1349 Charleston Square Drive, Naples, FL 34110 SDP 96-130 ADJACENT ZONING AND LAND USE Zoning Land Use N I 47- Mineral Processing, Phosphate Processing S PUD 403-Homeowners E GC 38-Golf Courses, Driving Ranges W PUD 35-Tourist Attractions Minimum Yard Requirements for Subject Property: Front: 25 Corner Lot: Yes ❑ No ❑■ i Side: 7•5 Waterfront Lot: Rear: 201 Yes ❑ No ❑■ 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. 4/27/2018 Pa Packet Pg. 240 3.C.c Coi�ier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ASSOCIATIONS 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: City: State: ZIP: City: State: ZIP: City: State: ZIP: City: State: ZIP: City: State: ZIP: NATURE OF PETITION On a separate sheet, attached to the application, please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. r CD ti 4/27/2018 Pa Packet Pg. 241 3.C.c Gorier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑■ No If yes, please provide copies. r CD ti 4/27/2018 Pa Packet Pg. 242 3.C.c Gorier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) ❑Li Pre -Application Meeting Notes 1 ❑ Project Narrative ❑ Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Conceptual Site Plan 24" x 36" and one 8 %" x 11" copy ❑El Survey of property showing the encroachment (measured in feet) 2 Affidavit of Authorization, signed and notarized 2 ❑✓ ❑ Deeds/Legal's 3 ❑ Location map 1 ❑ Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial 5 ❑✓ ❑ Historical Survey or waiver request 1 ❑Li Environmental Data Requirements or exemption justification 3 ❑ ❑ Once the first set of review comments are posted, provide the assigned planner the Property Owner Advisory Letter and Certification 1 ❑ ❑ Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 ❑✓ ❑ ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. rn ti 4/27/2018 Pa Packet Pg. 243 3.C.c COLLIER COUNTY GOVERNMENT Gorier County 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Planners: Indicate if the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Historical Review City of Naples: Robin Singer, Planning Director ❑ Immokalee Water/Sewer District Conservancy of SWFL: Nichole Ryan ❑ Parks and Recreation: David Berra ❑Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ School District (Residential Components): Amy Lockheart Other: ❑ FEE REQUIREMENTS - Pre -Application Meeting: $500.00 - Variance Petition: o Residential- $2,000.00 o Non -Residential- $5,000.00 0 51h and Subsequent Review- 20% of original fee - Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 :1 After The Fact Zoning/Land Use Petitions: 2x the normal petition fee Listed Species Survey (if EIS is not required): $1,000.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and the permit fee shall be submitted to: Growth Management Department Zoning Division Applicant Signature Trevor Calhoun Printed Name ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 2-26-21 Date 4/27/2018 Pa Packet Pg. 244 3.C.c Nature of Petition RESPONSES IN BOLD CAPS 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. a. REPLACE 8' HIGH FENCE DAMAGED BY HURRICANE IRMA WITH A 12' HIGH FENCE ON AN EXISTING TYPE B BUFFER. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. a. NO DREDGING OR FILLING REQUIRED 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a. Are there special conditions and circumstances existing which are peculiar to the location, CN size and characteristics of the land, structure, or building involved? a r O� CHARLESTON SQUARE IS ADJACENT TO A WORKING CONCRETE PLAN OPERATING 77 24 HOURS A DAY EXCEPT SUNDAY. b. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. i. YES — CHARLESTON SQUARE WAS BUILT ADJACENT TO CONCRETE PLANT c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant? i. NO —THIS VARIANCE WILL ASSIST IN MITIGATING THE IMPACT TO RESIDENTS OF THE ADJACENT COMMERCIAL USE PROPERTY d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Packet Pg. 245 3.C.c i. YES —THE ADDITIONAL HEIGHT OF THE FENCE WILL MINIMIZE THE IMPACT OF THE DUST AND NOISE COMING FROM THE ACTIVE CONCRETE PLANT. e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. i. NO —THE ISSUE ONLY EXISTS AT THIS LOCATION. f. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare i. YES —MINIMIZING NOISE AND DUST WILL PROVIDE HARMONY TO ALL PROPERTY OWNERS INVOLVED. NO — THE ADDITIONAL HEIGHT OF FENCING WILL NOT BE DETRIMENTAL TO THE NEIGHTBORHOOD OR PUBLIC WELFARE. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. i. YES —THERE IS A BERM, BUT IT IS NOT HIGH ENOUGH. h. Will granting the variance be consistent with the Growth Management Plan? YES a, LO ti 4. 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? N a. NO Packet Pg. 246 3.C.c •1-mLA41-1 p PROPERTY OWNERSHIP DISCLOSURE Lo Packet Pg. 247 cot he' r County 3.C.c COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 'ROPFRTY n%niniFRCNia nISCLOc-1 iRF FnRnn This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: C Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership Charleston Square Condominium Association of Naples, Inc. 37 Units Detali & Associates - 27499 Riverview Center Blvd., #208, Bonita Springs, FL 34134 37 Shares Trevor Calhoun, President Russ Finkle, Vice President Rob Brouwer, Secretary / Treasurer If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Created 9/28/2017 Name and Address I % of Ownership Page 1 of 3 LO ti Packet Pg. 248 cot he' r County 3.C.c COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: e f f. Name and Address I % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the 'I I IL.CI J, a L U L.RI IUIUIn J, UCI ICI luau ICJ, UI f CII LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Date subject property acquired ❑ Leased: Term of lease Name and Address years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 LO ti Packet Pg. 249 cot he' r County 3.C.c COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Vicki Richards Agent/Owner Name (please print) Created 9/28/2017 7/23/2019 Date Page 3 of 3 m ti Packet Pg. 250 3.C.c AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) Pt2019OW114G l TrevarCalhoun (print name), as President (title, If applicable) Of Charleston Square Condominium Association of Maples R. (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant=contract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application, and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Thomas D. Barbsr of Agnoti, Barber & Brundage, Inc. to act as ourlmy 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. " • I 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. LO r` Under penalties oUperjury, declare that I have read the foregoing Affidavit of Authorization and that the facts statq .ti�2-5-2021 are t �51 �- Signature ©ate STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of 'hysical presence or online notarization this day of February , 20 21 , by (printed name of owner or I alifier) Such person(s) Notary Public must check applicable box: E3 Are personally known to me 0 Has produced a current drivers license Has produced L as identification. Notary Signature: QULe'Jll C l/— i.ATRECIAOEUSEWEIR MY COl MMION # GG 335M pa EXPIRES:July 19, M3 rFOF°j landed i Notall PidbBc Lhide<wrs CnOS,COA-901 M155 REV 3AnO20 Packet Pg. 251 M wlMwlwa, a a, J6. H, w,,, n u S X - - - - - - - - - - - - - - - - - - - - - - - - - - - W 01. 4) N O 0-0- 0 Ca N C L 0 C } D C) S U N O J C O N s V I 3.C.c AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-72, of the Collier County Land Development Code, I did give notice by mail at least 30 days after receipt of letter indicating that the application is sufficient to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list, which are hereby made a part of this Affidavit of Compliance. e—�L L (Signature of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged , pbefore me this Z-7�day of �, 2021 by jbO M � S V • BM ► , who is personally known to me or who has produced 10 INS W S h S1 W as identification. At*, FARIHAHA.SINGH �, ComrNstlon / HH 050727 EXWw OCM% 5,2024 i odorBMWnn k*WNdwy (Signature of Notary Public) Fan*hA A. (Notary Seal) Printed Name of Notary rn LO ti Packet Pg. 253 3.C.c GNOLI NONE: & RUNDAGE, INC. ......� Certificate of Authorization Numbers: EB 3664 • LB 3664 • LC26000620 June 9th, 2021 Re: Charleston Square Wall Variance Petition - PL20190001140 Dear Property Owner: 7400 Trail Blvd., Suite 200 Naples, FL 34108 PH: (239) 597-31 1 1 www.ABBINC.com Please be advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: Along the northern property line of Parcel "A", Charleston Square, located to the north of the Imperial Golf Course Boulevard and Charleston Square Drive intersection, within the ±98-acre Imperial West Planned Unit Development, in Section 15, Township 48 South, Range 25 East, Collier County, Florida. [PL201900011401 It is our intent to ask the County to allow us to request a variance from Section 5.03.02.C.2.a of the Land Development Code to increase the maximum rear yard wall height on the Charleston Square Residential Planned Unit Development from 6 feet to ±18.33 feet. This will allow for a 10-foot wall to replace an 8-foot wall destroyed by Hurricane Irma that was constructed on an 8.25-foot berm on the aforementioned property. You are encouraged to contact the sender of this letter in the event you would like additional explanation or further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, If you have any questions, you may reach me by telephone or email (tom.barber&abbinc.com) Sincerely, AGNOLI, BARBER & BRUNDAGE, INC ro-", 3CWb1a- Thomas D. Barber, AICP Project Manager (239) 597-3111 Packet Pg. 254 uo;salae43 VA OVLL000660Z'ld : L69L4) LZ'ZZ'L pa;aldwoo a6eMoed 6ulaeaH - 8 }uaua43elIV :;uauayoellV q V }}a M N U) CL O f] Q 7> m D DZ) Z) D Z) 7 7 Z) Z):D D 7 Z) :D 0 Z) 7 Z) 0 0 0 Z) D D 7 Z) DZ) Z LL LL LL LL (0 a0 In LO m N v r m v Cl) LO r r r M 00 m O N N m U') O (D It v C)O(0 r NLO 00O It M N C) co N(o M O M 00 v Ov 00 N 00 vN O(O V'v v(000 NNrN V CDN O 00(n(ON OO CDw O v(O C,N m w (O O O O OW a>w OON V' LO O v N r CD (D M O (0 v (0 O 1-LO (0 CD Ln O O CD N O O V LO tO N LO N (0 M M W to (o M r o C:) C:,C) CD C) C)0 O C) C)O C) C) (D CDO C)O C)O CD C) C)O CD CDO O O O CDo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M y v N M 0 0 0 0 0 J N N N N N N N N 000 N N N N N N N O N N O N N V' W O O N O N O N N N O N O N N O N N N N N N O N N N N O O O O O o 0 0 N O 0 0 0 0 0 0 0 0 0 0 N 0 0 N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000000000 m to 00OO0000 OO v OO M v 0 (O0 U') O Ln 000 LO CD Un o 0000000000000 LL r r r r r r r r (O 0 r r r r r r r m r r to r r r co r co r O r r r (0 r O r r r r rr r r r r r r r r r m m m m m m m m m m m m m m �O m m m m m (O m �O m (O m m m �n m �n m m m m m m m m m m m m m m LO LO LO (O U') LO Un LO O U') LO LO WO V) (O (O WO WO O LLi to O O LO 0 LO uO 0 to (O U') (O U') LO LO LO LO U') tO (n to (O In 1n N N N N N N N N O (O N N N N N N N �n N N O N N O O N U, N G N (O N N N LO N (O N N N N N N N N N N N N N N O o m L N go C', (o Q (vNj (O O v M Q� Q 0 0 � _ o o z Z M (� �M O Cmco v O (0 Ce) r'V O QzwU W o 0 0 0 0 O o m J O o o O rn o o rn o 0 0 o o O LO O� ( O O 00 0 o O O o rn o o o Z U O W o I I r �0000000�LL000ao or0000000000C366 ON0000000000�Doo=o 0rO.- Z r} 2 m o o X o 00 M o C)Z n t vvvvvvvzUvv vaovHvvvvvcomvvvvv� Qvvvvvvvvvv vZvv �COOJ O M CO M Cl) Cl) M M m M M¢ CM N M Y M M M M M v M CO C, M M W M M m 0 m M M M m m J M m M _ x fn N J J J J J J J J� J J a J J CY J J J J J- w J J J J J Y= J J J J J J J J J J LL J a J J m J W Z LLLL LL LL LL LL LL; JQ LL LL d LL Z LL a LL LLLL LL U- LL LL LL LL LLgr O LL LL LL LL LL LL LL LL LL LL QLL; LL LL YwRO C Cn Cq fq (n Cn Cn (n a f6 (6 ZQ (n N (n (n (n Cn (n Z m Cn (n (n 0 (� rrU 0 (6 fn (n Cn Cn Cn Cn Cn U U fQ fY (n Vi J x c7 j, J J J J J J J O F- J J J J W w Q J w w J J k O J J J J J Z Y> W w w w w w w w w w W W W Z- a J J J J J J J J J J J m J J Q C aaaa a aaZw(L0-ia 0aOaaa a a�UM 0- CL a a W of w a a a a a a a a a a 0 m MCL ��rGw aQQQaQQQQWQQX<W<WQQQaQUJz¢QQa¢m<OQQQQQQQ¢QQHQoQQ Qaa� p z z z z z Z z z Z O z Q z U Z z z z z O z Z Z Z z U a Z Z z z Z Z Z Z Z z Z U Z H z z z 0 m m .� W A 2 M Q N_ _ L C W } V/ rL W U) C 2 N 2 U)w O 0 w o 0 = � J m D NO O_ _O O w v Of W N w qk *k k N a a tr tr tY [Y O CD C 0 O O N a W a O �o 0 o d cJ O 0U c7 (x a o 0 V) w (n U)U)LL Cn of Lu N Z O 00 a W O 2 (n Z Z Z 0 Z () UQ aL+Q� Cn Cn Cn ZW (7 J O ¢�O }Q O O (7 �O JOa Z)(D ujW wo ¢ rYaw w w gw0�YQ ZZ0Z 0 VN Q (V Q¢ �J Q d 2 J W Q W Q ¢ w Q Z U O a' 000 w(n �v S v Z: M: w= O Q= a S x a20<Of DOm� rt a U C��U a U U UawO CO E 0 O H oo wm o r m o(O0 v O O-ovcoZO OM¢2 F E ;r V' N �y O M (0 (O M N O N M O v CO m 0 co to QO M � M M �n M O m et M LO u7 M M M M (o M V M LO W v U v� N rnu�r N �k � r (n�rn QCO V V ai J V c Y w H o 0 Z ' 7 y N o a Cn N O O m i i ❑ O W 0 Z) m V 0 O O W r LL O N O N W W JJ�" Nm MO- N r� ik Cry Q ik Nik (n (�% mm- W SW' OfH --* Wz Ix N �N W ODOZOO U 0 0 DOO-J (0 U) a' O �00 DLLU H}0Of W jO woo WWWOMOW �� w UO qa �CUO'1 UD LLLL2(D7 - O ��LLF--�Z�(nO Lu CO of a ¢ LL O (n J J (Y J (Y J O CY Q x Z 0. �+� QCnzzzJfYZ JwC-! z� ZQQZZ JOS0002OW Z Z O U Q UCn Z m O z N¢ 0 Z 2 m- w Q OLii 2�000 V V OZU W O Ma, OFDO J0003:00 U` wm J0 JZ 00000 wQ W OEO�¢O W (Da OC3 LlJ (n Z ?'""Y F" W w W Z(n wW waO cm W ~ WLL W W JOZ_QQ_F-a'OJ2w W WQwW awW ZUOaQ02fwz-y i (n-i-i (Y O.- J W J JJQ CnaOOULuJJ-~ W JS- C�OQ wa w CY}(Y Of Q�5 _QazCY F-CY fY zmX CYQ J LL-a �Yx�� CYYZ zJOgwUQ °m.N_ ¢¢¢wmm=JOQz2Q0��-ZQaQoQ¢wQOaamwwmOWF-.n QQaQ�Q�¢-'cnOW wQv~iUza� �`O �000wZ�xZr'w�mQ(ONLOMLO0-CD <W woQ jOV�Nmoo2U WCYOZwom'OuwofdW C yh ZC, .a. C,M I-MJ�ONM�MUMM�MLLI W 000UZ OCOQ O cv)c,) m m MM O 2 Q OQ Q(Nj22F-CYN O N� W.M-��Cn¢��Qr�Na.-.-r�tr .-�00 ��-o o [Y V ` c-H----� W �m�(Y U[YM�U� U(q(q H(D w O cm J V� H� C)C)I-W F- D JO CYO U ZO 2 W ww O (n E J Q CY z ¢ V% } a' = o CY J U Q .t+ Eo w } LLF- CIF- oU UGH �Z F J z } Z W W F'fn x QZ � YUU(nC/ J-0 w�o(� J w [YY_j c'a0 W }� 0-,0Y02< O' 06O �0 QZZ W g >0 QI-¢ Q Q2 ¢ co -j W �� }w (Y(Y�' OHW w O� Z Dm m- >OyLi W JO U >fY 06 =H� .O Nr Q I- OOQ 0U Z fYQ W<<waJJ(nJzwU-aZzO O(q�W _ }[Ya a' Rt0 Zz� »-� fY Z W �YJZwZ[YZ W UU W aQ ¢h-z� W - [Y �Jw,Jw ••+� (Y W WJO}aQOQUH -� IY (7ZMW O ¢zZ Q W }Zm W 'C J ZY a'ir W,-,2F}Jw0JQ50 WW a}QJ-i--j W a'zQOQwZ0Qw-J LL w0O¢zz (0 (`RO O. w HH�(n Z W w-m,-20Z.J gJ�000< woOQw V a(n-O CY i }Z aw wm :E I-Z wOOZmw Q Q W Oc60O< Q (D U' a�=-_j'''�O=o�mz�(�FU30-0,iUw� UO J00ziYZU¢J 2 U DOO U) O < (nJJJJQYQ JYQ J J } UzO W WJ WZ W MJQ u .� +' w w O 0 0 O 0 Q W — C j U Q Q Q O U Z Q W U fY CY CY w MLU F- O O LL In Q O Q Z O O H Q CO Of 5; W OfLL m x LCl ' W� z Q F- «orQooJJrYa�Ma'WJ�zz�UUa�w°ZOWaawnf(nazQ(nUZMWwawH F-MWLWLo�Zw z ad¢¢QVUUUUUUc�0000woww��=x��Y��g�0<002(Si�in( 20Wmoo= In LO N a d r-i ty Y V m d X 0 Mn 0 a 3.C.c 7 PROPERTY SURVEY FENCE LINE HIGHLIGHTED PER 5/21/20 REQUEST Lo Packet Pg. 256 3.C.c FENCE LINE HIGHLIGHTED IN YELLOW IS WITHING PROPERTY BOUNDARY UNPLATTED Fence bellow line) MOTE: Dislencelo Fence mvx = a acv - u4t artnms we anm� - Property Line bk62(I6'MIMI � w S89'IS'00'W. 1142]' s Mai nv PARCEL "B•• 3 13RAW.E8TON 80UARE 8 LI — — — L I PARCEL "A" CHARLESTON SQUARE (PLAT BOOK 28, PAGES 43 AND 44J eEmY°u4r� % ttEvallm� = L.9B' — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — S8.;7 0'W. 2J04]' Iwrmel OOLF oouRSE BOULEVARD ova avte,(WEASBM faFL8MPM l909-190.51 q�q Is rm2tt (INGRESS 8 EGRESS) — — I — N W4 O v 0 E S SCALE• I' = 30' LINE TABLE Line Bearing Distance Lt N89•IS'00'E 5805, Curve number ]^c'c RaWus= 2285330 Del to- 0]•25'S4' ry 5]I.0] Tangent- 285.51 �hortl- SJI.OS BUILDING #6 - GARAGE 1 AND 2 GOLFCOURSE EXISTING CONCRETE SLABS UNPLATTED GARAGE 1(SOUTH) F.F.E. RANGES FROM 11.97'- 12.18' GARAGE 2 (NORTH) F.F.E. RANGES FROM 12.01'- 12.16' DEML LEGERD ,v -7 -CERINWOTO: -eweu CERTMATIOR: BBLS SURVEYORS 8 MAPPERS 1502-A RAIL HEAD BLVD. NAPLEA FLOMDA 34110 (239) 59; Packet Pg. 257 (and „MI,I,awl II,M,w„w, a S .11,4D.A 0006—d! 0110 � 1, 11w „ae, H er w4„ud, H s wa r W co8aWWHO a'"3 3$$6-<"5NW3��gae-d-11Maa`btl= a s e I !NhIRE F N Zm ^ ^ N �S Fes' n N W N -_q uj �. OCW 4 3o>z Q�yozo , W� 2 l� ty W Ouj �Z2 � Q2►iQp�"yO LL:QQ a a § In OD �W�W�41LL: LL: LC6�s�g �2 Z S�� Q Iq V= 4u ZW vial =Q Z V1 $se ea� a 3J p �Y3 a@6 a 9 c3 � �� dog O Sao ; JQJ gg m ' m rr 05 W q ¢a g= m W vl�ti ti� W Q s'tioo �m ~ o Wki p 3'a maa Ui�q¢ti UU V J J ` OV ll-6 "539dd 8L V 3NIl Al2J315V3 (V L --------- I I I 3e I W I Po I Q I I LU tO ti a QC)� Fxm IN p Z Qlu u =W Nn VOa x 4 .6T'6£T 'M.00.96.00N a J o ter„ 'M.00,9b.00'N �3 ,Sb'622 "M.00,S6.00"N �Ou Z I aQo I ►i I C=1Q I � 000�� I I I � I GOMEZ TENNIS ACADEMY 3.C.c Gom ezTennis ` Academy for High Performance June 4, 2019 Collier County Government Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 1301 IMPERIAL GOLF COURSE BLVD. NAPLES, FLORIDA 34110 TEL. 1-239-593-3695 HELLO@GOMEZTENNISACADEMY.COM Re: Insubstantial Change to PUD Letter of No Objection to Charleston Square Fence Height Increase Dear Zoning and Planning Officials, This letter serves as notification that the Owner's of Gomez Tennis Academy have no objection to our neighboring community Charleston Square increasing the height of their buffer fence at the north property line adjacent to Cemex Concrete, from 6' to 12'. This will substantially improve the atmosphere of our facility as well for the reasons provided in the application. If you have any questions for us, please don't hesitate to contact us. Sincerely, Chase Muma Partner Gomez Tennis Academy, LLC r CD ti Packet Pg. 259 3.C.c zzcc-mc-x June 14, 2019 Collier County Government Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 CEMEX INDUSTRIES 1425 WIGGINS PASS ROAD NAPLES, FLORIDA 34110 TEL. 1-800-992-3639 Re: Insubstantial Change to PUD Letter of No Objection to Charleston Square Fence Height Increase Dear Zoning and Planning Officials, This letter serves as notification that Cemex Industries has no objection to our neighboring community Charleston Square increasing the height of their buffer fence at their north property line which buffers our two properties, from 8' to 12'. This will substantially improve sound and dust transmission from our facility. If you have any questions for us, please don't hesitate to contact us. Sincerely, Chris Idsardi Vice President Cemex Packet Pg. 260 3.C.c •-mLA41- 3.1 (REV #2) DETAIL OF REQUEST ENGINEERED PLANS OF PROPOSED 10' FENCE CORRECTION #1 (NOTE: NEW ENGINEERED PLANS SPECIFIC TO SITE) SHOWS TOTAL BERM/FENCE HEIGHT as 18'-4" APPLICATION REVISION #1: CHANGE FRO 12' TO 10' HIGH Packet Pg. 261 3.C.c CONSTRUCTION PLANS & SPECIFICATIONS FOR GENERAL NOTES: PERMACAST PRECAST CONCRETE FENCE CODES AND STANDARDS • STRUCTURAL DESIGN BASED ON THE 6TH EDITION OF THE 2017 FLORIDA BUILDING CODE. DESIGN • WIND SPEED = 150 (3 SEC GUST) • 1,6 (NOMINAL) • EXPOSURE-C • Kd = 0.85 • CONSTRUCTION TYPE- I OR II(NONCOMBUSTIBLE MATERIALS) • RISK CATEGORY 1 SOIL • ALLOWABLE BEARING CAPACITY = 2,000 PSF • ALLOWABLE LATERAL SOIL CAPACITY = 150 PSF • MINIMUM N VALUE OF CONCRETESTRENGTH • MINIMUM 28 DAY COMPRESSIVE STRENGTH OF PRECAST ELEMENTS F'c=5000 PSI • MINIMUM 28 DAY COMPRESSIVE STRENGTH OF CAST IN PLACE CONCRETE F'c=3000 PSI MATERIALS: • CEMENT PER ASTM C-150 TYPE 1 AGGREGATES FOR CONCRETE: • NORMAL WEIGHT AGGREGATE: FINEANDCOARSE AGGREGATE PROVISIONS AND TEST METHODS SHALL MEET ASTM C33. MAXIMUM AGGREGATE SIZE OF 314". ADMIXTURES: • NO ADMIXTURES SHALL CAUSE AN INCREASE IN SHRINKAGE WHEN TESTED IN ACCORDANCE WITH ASTM C494 AND C157 DELIVERY OF CONCRETE: • DISCHARGE OF THE CONCRETE SHALL BE COMPLETED WITHIN 1-12 HOURS AFTER THE INTRODUCTION OF THE MIXING WATER TO THE CEMENT AND AGGREGATES OR THE INTRODUCTION OF THE CEMENT TO THE AGGREGATES. • WATER SHALL NOT BE ADDED IN THE FIELD UNLESS APPROVED BY THE ENGINEER. UTIUTIES • IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO LOCATE ALL OVERHEAD AND UNDERGROUND UTILITIES PRIOR TO CONSTRUCTING THE FENCE AND/OR FOUNDATIONS. CONTRACTOR SHALL NOTIFY LOCATION OF ALL UTILITIES TO BOTH THE OWNER AND SITE ENGINEER PRIOR TO CONSTRUCTING FENCE AND / OR FOUNDATIONS. JANUARY 16, 2019 FEBRUARY 28, 2020 Revision 0 JULY 22, 2020 Revision 0 This item has been Electronically Signed and Sealed by Ralph Remmert, Florida P.E. #39610 using a SHA-1 Authentication Code. Printed Copies of the Document are not considered Signed and Sealed and the SHA-1 Authentication Code must be verified on any electronic copies. E;,Nqp Ralph Remmert *` W 2020.07.22 08:17:05 PROJECT: IMPERIAL COUNTRY CLUB / CHARLESTON SQUARE Q 1349 CHARLESTON SQUARE DR. NAPLES, FL 34110 WALL TYPE: z� 10 FT. PERMACAST STONE STANDARD 2.0 WALL (6 FT OVER 4 FT) WIND DESIGN: 150 MPH (3 SEC GUST) 116 MPH (NOMINAL) EXPOSURE:C CONTRACTOR TO REFER TO CIVIL DRAWINGS FOR WALL LAYOUT Prepared By JBM&R Engineering Inc. C.A.N. 7457 P.O. BOX 1566 VALRICO, FL 33595 TEL: 813.598.4643 813.741.2109 813.655.0061 (FAX) Ralph R-ft, P.E. Florida Registration No. 39810 DRAWING INDEX DWG. NO. TITLE SHEET 1 COVER SHEET & GENERAL NOTES SHEET 2 10'-0" X 2.0 PERMAWALL DIMENSIONS SHEET 3 FOUNDATION, PANEL, & COLUMN DETAILS Packet Pg. 262 3.C.c 20'-0" -Contact Manufacturer for Exact Center to Center Distance 20'-0„ 20'-0„ . PROPERTY LINE/EASEMENT/ROW PROPERTY LINE/EASEMENT/ROW WALL PLAN VIEW - GENERAL DIMENSIONS SCALE:," = 1D" TOP OF BI MIN. 2" CLEARAM RESPONSIBLE FOR NEW FENCE. JBM RESPONSIBLE FOR SIl This Rem has been Electronically Signed and Sealed by Ralph Remmert, Florida P.E. #39610 using a SHA-1 Authentication Code. Printed Copies of the Document are not considered Signed and Sealed and the SHA-1 Authentication Code must be verified on any electronic copies. TYPICAL 10 FT. X 20 FT. WALL ELEVATION - GENERAL DIMENSIONS SCALE: NTS TYPICAL PANEL / POST CONNECTION SCALE: NTS .rrncumei umi on 341ue Ru ow. SHEET 2 ZMEAn ENGINEERING, INC. RNpM1�E. Renuner; P.E Packet Pg. 263 3.C.c Optional Pre -Cast Column Cap (per contract) . Cap to be Bonded with Concrete Bonding Adhesive. Follow Manufacturer's Instructions. On -Site Boulders or 8"-12" - Rip -Rap for Slope Protection As Approved by SDP-96-130, as Amended Install Foundation Minimum 2" from Property Line / Easement ROW (4)-#5'S HORIZONTAL w REINFORCEMENT z n A EQUALLY SPACE for 6 FT. a_ HIGH FENCE PANEL N (") #3 VERTICAL x REINFORCEMENT @ 12" O/C H tl v 6 LB./CY FORTA FERRA FIBERMESH IN PANELS AND BEAMS 4 ft. X 2.0 PERMASAND PANEL TOTAL HEIGHT OF WALLAS MEAUSERED FROM GRADE TO (5)-#5'S HORIZONTAL REINFORCEMENT EQUALLY SPACE for 6 FT HIGH FENCE PANEL #3 VERTICAL REINFORCEMENT @ 12" O/C 6 LB./CY FORTA FERRA FIBERMESH IN PANELS AND BEAMS TOP OF WALL 6 ft. X 2.0 PERMASAND PANEL Sod Slope per Contract as Approved by SDP-96-130, as Amended 36" Dia. Concrete Foundation x 100" Depth PICAL FOUNDATION for 10 FT. COLUMN �:: 2,500 psi @ 20-0" D.C. FOR PERMASAND (20 FT. O/C) Precast Post to Bottom of Foundation SCALE:NTS item has been Electronically Signed and Sealed by Ralph Remmert, Florida P.E. #39610 using a SHA-1 entication Code. Printed Copies of the Document are not considered Signed and Sealed and the SHA-1, n h. —d-d i, FI: #7 31 gl VERTICAL REINFORCEMEW • EA. CORNER 1 /2" • CHAMFER (TYPICAL) - END SOLID POST DETAIL - �b 8-1/2" X 14" \ 7 VERTICAL j/ REINFORCEMENT EA. CORNER LINE SOLID POST DETAIL " - 1/2" j � 8-1r2 X 14" 3�" 37" CHAMFER \/ TYPICAL) rUR r,JLCORNER SOLID POST DETAIL VERTICAL 8-1/2" X 14"INFORCEMENT . CORNER. © `^ i"w¶"a"aA Msraa341 ID " 1IDR Qoa. SHEET 3 41MaQ ENGINEERING, INC. RNph E Remmers P.E. Packet Pg. 264 3.C.c •-mLA41- 3 (REV #2) PROJECT NARRATIVE T REVISED PER CORRECTION REQUEST DATED 5/29/20 Revised to include the berm; as depicted on Sheet 5 of the construction plans the actual wall height will be +/-18'4". Packet Pg. 265 3.C.c Richards & Martin, Inc. Pips 4.1 1333 3rd Avenue South, # 102 -;y Naples, FL 34102 V a Tel: 239.597.5308 Z e-mail: info@richardsandmartin.com website: www.richardsandmartin.com 6 CGC 038553 fi% PIG April 16, 2020 (Revised on 6/18/2020 per 5/21 correction letter) Collier County Growth Management Zoning Services ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Re: Charleston Square Condominium Association of Naples, Inc. (SDP) Variance Request - Revised Request Type B Buffer - Request for Fence Height Increase Dear County Reviewers, My name is Vicki Richards, a resident at Charleston Square, a condominium property in C, Imperial Golf Estates (PUD). I'm assisting our Board of Directors and Nick Solomon of a. Perm -a -Cast Walls whose fence permit application #PRBD20190310647 was denied due r to a height conflict with the PUD and LDC section 5.03.02.C. We originally requested a 12' concrete fence and we're currently restricted to a 6' fence according to the rejection. On April 16th we changed our request to a 10'H fence in lieu of 12'H. The r overall height of the fence including the berm as depicted on page 5 of the construction plans will be +/- 18'4". N ti The existing 8' high fence was destroyed by Hurricane Irma and we'd like to replace it with a 10' high version. We are looking to mitigate the impact of noise and dust from the a neighboring industrial cement plant which operates 24 hours a day. E Cemex has conveyed their approval to our board of the proposed fence height and encourages us as it may decrease future complaints. Please find attached our REVISED Variance Request Application along with photographs of the location and adjacent property. Kind Regards, Vicki Richards Vice President Richards & Martin, Inc. Packet Pg. 266 Ow 3.C.c Cemex - _ Concrete - Plant air r: • � a - - T AppX. Y .- Location of K. Fence w _ . .x O(, r r ti few TM1 •i i r *} i t • f t L s Charleston Square Condominium i 4 _ _ _ F F ' l r •I •� — � -; Future Land Use Map Designates this site as - Urban - Urban Mixed Use District - Urban Residential Subdistrict Buffer is Type °B" Length of Fence is appx. 292 feet t+ c T N Packet Pg. 267 21k . �:. 'i ��,��: � •. � r aim 3.C.c (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 POSTINGNOTICE STATE OF FLORIDA COUNTY OF COLLIER RPPORRTNFTTNTIRRCTC.NRTI ATTTT40RTTV PRRRONATIN APPRARPT) TOM i GUW19W 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 � L ZU I G1 00011 Li CG-L Q., 7wo-o Try; l 6IvJ -&, :-+P 2ov SIGNATURE OF APPLICANT OR AGENT TV.)U'rbc.r NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER STREET OR P.O. BOX N�p(cs ) r� 3� IDS CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this I day of v V� I 20 2- by personally known to me o who produced as identification and who did/did not take an oath. 4 AAA W444 FARMANA. SIMM Signature of NotaryPublic * * Coimds W $ HH 0WW Expimft6ff5,20 FRV-1 oraae �,baTm�e�►mnsrwa. Printed Name of Notary Public r rn Ln My Commission Expires: (Stamp with serial number) Rev.3/4/2015 1 Packet Pg. 270 3.C.c ' PUBLIC HEARING NOTICON Li PETITION No. PL20190001140 ARIANCE PJA 239-252-5719 415 nP , & I Sol," 4� Packet Pg. 271 Orr iv 3. t - PUBLIC HEARING NOTICE* CHARLESTON SQUARE CONDOMINIUMS VARIANCE PETITION NO. PL20190001140 HEX: AUGUST 12, 2021 - 9:00 a.m. COLLIER COUNTY GROWTH MANAGEMENT DEPARTMENT 2800 HORSESHOE DRIVE NORTH ROOM 609-610, NAPLES, FL, 34104 J014N KELLY, SENIOR PLANNER; 239-252-5719 Lo I Packet Pg. 272 3.C.c •I-mLA41-1 P MASTER PLAN .a: SDP LO Packet Pg. 273 lopedwl - IIeM swnlulwopuoo ejenbS uo;saljey3 VA OM0006WZld MLO LZ'ZZ'L peleldwo3 a6e>loed 6uueaH - 8;uawg0euV :juewyoe»V U M S4LS8 O N V 0 Q to rn G � O Z m� w Q A C tl m U z A C i arrL oss Z J W Y sue. ap y I / i O Lu U p N 8 W° z I I w F Z o9g W y •C i0.1 I F n o f .N a131• o s y O R a O) ftl C4 I P PPP N rn I j i O P U V I O o c4 m I u o O W N_ wow N Z Y w w A 0 I m O f N� J O w o u I 3 I O O Z WZ�y'� U Z< zo a 0 W Y�w 3 £? ,� x QO z `--------- o:. v ar S ... 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Also show drainage easements within this profile along the north property line of proposed fence. Response: Please find below a sketch showing the existing stormwater treatment system and drainage Corr County 3.C.d 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 Hearing Examiner For Petition Number(s): PL20190001140 Regarding the above subject petition number(s), Trevor Calhoun (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearing of the Collier County Hearing Examiner, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Name: Trevor Calhoun Date: 7/13/2021 J IL _ LO aD Signature: ❑✓ Applicant* ❑ Legal Counsel to Applicant * This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an officer of the corporate entity) or the legal counsel to the Applicant. Packet Pg. 292 08/12/2021 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.1) Item Summary: PETITION NO. PDI-PL20210000379, Baumgarten PUD Founder's Request for an insubstantial change to Ordinance No. 19-11, as amended, the Baumgarten Mixed Use Planned Unit Development (MPUD), Exhibit B, Section 1, Mixed -Use Development Standards, by decreasing the required minimum yard setback from the Eastern Project Boundary from 50 feet to 25 feet, removing the applicable provision that any building exceeding 50 feet in height shall increase its setback by one foot for each one feet exceeding 50 feet of zoned height from the eastern PUD boundary, and limiting the maximum height of principal structures within 50 feet of the Eastern Project Boundary to 35 feet zoned height and 45 feet actual height, located at the southeast quadrant of Immokalee Road (CR 846) and Collier Boulevard (CR 951) in Section 26, Township 48 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 5 Meeting Date: 08/12/2021 Prepared by: Title: Planner — Zoning Name: John Kelly 07/26/2021 7:00 PM Submitted by: Title: — Zoning Name: Mike Bosi 07/26/2021 7:00 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Hearing Examiner (GMD Approvers) Diane Lynch Zoning Ray Bellows Zoning Hearing Examiner Mike Bosi Andrew Dickman Review Item Review Item Zoning Director Review Meeting Pending Review Item Completed Completed 07/27/2021 12:39 PM Completed 07/28/2021 12:27 PM Completed 07/28/2021 1:44 PM 08/12/2021 9:00 AM Packet Pg. 293 3.D.a Co t he- v County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: AUGUST 12, 2021 SUBJECT: PDI-PL20210000379, Baumgarten MPUD — Founders Square Tract H-2 PDI OWNER/APPLICANT: AGENT: BCHD Partners II, LLC 2600 Golden Gate Pkwy Naples, FL 34103 REQUESTED ACTION: Christopher O. Scott Peninsula Engineering 2600 Golden Gate Pkwy Naples, FL 34103 The petitioner requests that the Hearing Examiner approve an insubstantial amendment to the Baumgarten Mixed -Use Planned Unit Development (MPUD), Ordinance No. 19-11, as amended, Exhibit B, Section I, Mixed -Use Development Standards, by decreasing the required minimum yard setback from the eastern project boundary from 50 feet to 25 feet, removing the applicable provision that any building exceeding 50 feet in height shall increase its setback by one foot for each one feet exceeding 50 feet of zoned height from the eastern PUD boundary, and limiting the maximum height of principal structures within 50 feet of the eastern project boundary to 35 feet zoned height and 45 feet actual height. GEOGRAPHIC LOCATION: The Baumgarten MPUD comprises 55.66± acres located at the southeast quadrant of Immokalee Road (CR 846) and Collier Boulevard (CR 951) in Section 26, Township 48 South, Range 26 East, Collier County, Florida. PDI-PL20210000379 Pagel of 8 Baumgarten MPUD-Founder's Square Tract H-2 PDI July 22, 2021 Packet Pg. 294 (aienbg s,japunod and u9peBwne8 IOd 6L£000UZ0Z-1d : £65LO MZZZLO podaa jjejS :juauayoejjV o CLkd - J Ld 40n J� 2„ w�r 1�4� R I j a'A W 2LL quit f4 LU k �: ° L ud #�'� gog oQn� IIVM (1IIOS H'Dik 3 n Y Hl IM N=k-M7R RrN.'AX)KV1 Uj W rc m I- w in Q m 3�1.1 #]I{yy,5�4 � � O LUip 'i�9A ri Lfi w W O cc� L� 2 H I m �- n L` f• — — � w IL i pa E PDI-PL20210000379 Page 3 of 8 Baumgarten MPUD-Founder's Square Tract H-2 PDI July 22, 2021 N I) a Y V M a 3.D.a PURPOSE AND DESCRIPTION OF PROJECT: The Baumgarten MPUD was originally approved by Ordinance No. 2019-11 to allow up to 270,000 square feet of commercial uses and 400 residential units. An Insubstantial Change, HEX 2020-15 as corrected by HEX 2020-27, was subsequently approved to add deviations for a potential facility with fuel pumps. The applicant now seeks an Insubstantial Change to amend Exhibit B, Section 1, Mixed -Use Development Standards by changing the minimum yard requirement from the eastern project boundary. Said change includes: • Setback to the eastern project boundary reduced from 50 feet to 25 feet; • Removal of the provision that any building exceeding 50 feet in height increase its setback to the eastern project boundary by one foot for each foot exceeding 50 feet of zoned height; and • Limits the maximum height of principal structures within 50 feet of the eastern project boundary to 35 feet zoned height and 45 feet actual height. This development standard is intended to only affect Tract H-2 which is a 1.01± acre commercial outparcel measuring approximately 150 feet in width. The reduced setback is intended to allow greater design flexibility for the subject outparcel. SURROUNDING LAND USE AND ZONING: North: Immokalee Road (Right -of -Way) then Heritage Bay MPUD-Commercial, Cameron Commons East: Bent Creek Preserve - Residential South: Tuscany Cove PUD - Residential West: Collier Boulevard (Right -of -Way) then Richland PUD — Commercial, Pebblebrook Shopping Center ,.f 3r `Fire: Greater _ Naj:les Fire - 'Al s- T Collier County GIS PDI-PL20210000379 Page 4 of 8 Baumgarten MPUD-Founder's Square Tract H-2 PDI July 22, 2021 Packet Pg. 297 3.D.a STAFF ANALYSIS: The proposed 25-foot yard is consistent with the minimum yard requirements for commercial zoning districts adjacent to residential districts or uses as provided in LDC Section 4.02.01 Table 2.1. The applicant further states that the eastern boundary of Tract H-2 includes a 15-foot Type B buffer consisting of trees planted every 25 feet on center, a continuous 5-foot tall hedge, and an 8-foot concrete wall. The property to the east of Tract H-2 is located within the Bent Creek Preserve RPUD. The Phase 2B plat of the Bent Creek Preserve provides an open space tract with a 15-foot wide landscape buffer and retained native vegetation along its western boundary. The applicant contends that this open space tract, the existing buffers, 8-foot high wall and the proposed 25-foot setback provide sufficient separation between any proposed commercial building from the adjacent residential lots; staff concurs. Comprehensive Planning: Approximately 36 acres of the subject site is identified as Urban Designation, Urban Commercial District, Mixed Use Activity Center #3; the remaining approximately 19.66 acres of the subject site is identified as Urban Designation, Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The applicant is decreasing the building height in Tract H-2. The FLUE does not speak to height in this PUD; therefore, the project is consistent with the GMP. Conservation and Coastal Management Element: Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). No revisions to the environmental portions of the PUD petition are being proposed. Environmental Review: Environmental Planning staff has reviewed this petition. There are no impacts to sensitive habitat proposed by the proposed petition. This project does not require Environmental Advisory Council (EAC) review in accordance to LDC Section 2-1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommend approval of the proposed petition. Transportation Element: Not applicable. PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE CRITERIA: There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1. LDC Section 10.02.13.E.1 Criteria: a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? PDI-PL20210000379 Page 5 of 8 Baumgarten MPUD-Founder's Square Tract H-2 PDI July 22, 2021 Packet Pg. 298 3.D.a No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. C. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space), or a proposed relocation of nonresidential land uses? No, the request does not increase areas or relocate areas for nonresidential land uses. The changes to the Mixed -Use Development standards does not increase or relocate areas designated as Mixed -Use on the Master Concept Plan and does not increase the amount of non-residential intensity permitted in the PUD. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? No, there are no substantial impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No, the request does not change land use activities and does not generate a higher level of vehicular trips. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. There will be no incompatible relationships with abutting land uses. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other PDI-PL20210000379 Page 6 of 8 Baumgarten MPUD-Founder's Square Tract H-2 PDI July 22, 2021 Packet Pg. 299 3.D.a elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No, this modification is in compliance with the Future Land Use Element of the Growth Management Plan. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. No, the Baumgarten MPUD is not a DRI, therefore this criterion is not applicable. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provide above, the proposed change is not deemed to be substantial. LDC Section 10.02.13.E.2 Criteria: Does this petition change the analysis of the findings and criteria used for the original application? (Rezone Findings are attached to this Staff Report as Exhibit "A".) No, the change proposed does not affect the original analysis, rezone, and PUD findings (attached). DEVIATION DISCUSSION: No deviations are being requested as part of this application. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a duly noticed and advertised NIM on May 19, 2021 at Saint Monica's Episcopal Church located at 7070 Immokalee Road, the meeting was simultaneously run on Zoom to allow for remote audience participation. The meeting, hosted by Chris Scott of Peninsula Engineering, was advertised to begin at 5:3P.M. however didn't commence until 5:40 P.M. A brief overview of the development was provided which led to explanation of the purpose of the subject petition request. It was explained that the subject petition only affects one tract within the PUD, that identified as Tract H-2. Following the presentation, the floor was opened to questions from the audience. One audience member mentioned that the Bent Creek HOA has their meetings on Wednesdays and that tis meeting conflicted with that; Mr. Scott stated that he was unaware of that meeting and advised that there will be another opportunity for the public to speak at the public hearing before the Hearing Examiner, once scheduled. The meeting concluded at 6:05 P.M. with PDI-PL20210000379 Page 7 of 8 Baumgarten MPUD-Founder's Square Tract H-2 PDI July 22, 2021 Packet Pg. 300 3.D.a nobody having registered to speak via Zoom. The NIM Summary and Sign -In Sheet are included within Attachment C. CONCURRENT LAND USE APPLICATIONS: There are no concurrent land use applications under review at the present time. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve petition PDI-PL20210000379 to amend Exhibit B, Section I, Mixed -Use Development Standards, of the Baumgarten MPUD, by decreasing the required minimum yard setback from the eastern project boundary from 50 feet to 25 feet, removing the applicable provision that any building exceeding 50 feet in height shall increase its setback by one foot for each one feet exceeding 50 feet of zoned height from the eastern PUD boundary, and limiting the maximum height of principal structures within 50 feet of the eastern project boundary to 35 feet zoned height and 45 feet actual height. Attachments: A. Proposed PUD Insubstantial Change Documents B. Findings of Fact of the original Rezone C. Applicant's Backup - Application and support documents D. Hybrid Meeting Waiver PDI-PL20210000379 Page 8 of 8 Baumgarten MPUD-Founder's Square Tract H-2 PDI July 22, 2021 Packet Pg. 301 3.D.b EXHIBIT B BAUMGARTEN MPUD DEVELOPMENT STANDARDS The tables below set forth the development standards for land uses within the Baumgarten MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. MIXED- USE: PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10, 000 Sq. Ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS (External) From Immokalee Road ROW 25 ft. SPS From Collier Boulevard ROW 25 ft. SPS From Eastern Project Boundary*** eft 25 ft. 15 ft. From Southern Project Boundary 200 ft. Minimum 200 ft. Minimum MINIMUM YARDS (Internal) Internal Drives/ ROW 10 ft. 10 ft. Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes (measured from control elevation) 25 ft. 20 ft.* Preserve 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES 1/2 the sum of building heights 10 ft. MAXIMUM HEIGHT*** ZONED ACTUAL ZONED ACTUAL Retail Buildings 45 ft. 65 ft. 35 ft. 45 ft. Office Buildings and Hotel/ Motel 55 ft. 65 ft. 35 ft. 45 ft. MINIMUM FLOOR AREA (ground floor) 1,000 sq. ft. ** N/A MAXIMUM GROSS COMMERCIAL AREA 270,000 sq. ft. N/A * No structure may be located closer than 20 feet to the control elevation of a lake (allowing for the required minimum 20-foot wide lake maintenance easement). ** Per principal structure. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. *** Any building located within exceeding 50 feet in height ;h-;;" ; ease ift< setback by ^ ^ feet f, r �" ^ ^ feint eweeeding 50 feet of zoned height 4e4: the eastern PUD boundary is limited to a maximum zoned height of 35 ft. and a maximum actual height of 45 ft. No dumpster enclosure permitted within 105 feet of the eastern PUD boundary. Note: Residential dwellings may be constructed above retail or office use. Baumgarten PUD, PL20210000379 Page 1 of 1 Revised May 25, 2021 Packet Pg. 302 3.D.c and objectives of the GMP regarding adequate public facilities, except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the amendment process, and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD Document. The concurrency review for APF is determined at the time of SDP review, The activity proposed by this amendment will have no impact on public facility adequacy in regard to utilities. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. ~PUD FIND][N 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:" I. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The area is suitable for the proposed type and pattern of commercial and residential development. However, as discussed in the Zoning Review section of this Staff Report, staff has recommended Conditions of Approval 2 and 3 to address potential incompatibilities along the shared boundaries with residential development: 2. Any building located within 50 feet of an external residential PUD boundary shall be setback an additional 1 foot for each foot of zoned height over 50 feet. 3. ffjhen an Amenity building or use is located less than 100feet from a residential PUD boundary, a I5 foot wide Type B landscape buffer with a 6-foot high wall shall be provided. Transportation planning staff has reviewed the petition for compliance with the GMP and the LDC and can recommend approval subject to the Conditions of Approval outlined in the Transportation Element and the development commitments for transportation contained in Exhibit F of the PUD Document. Water and wastewater transmission mains are readily available within the Collier Boulevard right- of-way, and there is adequate water and wastewater treatment capacity to serve the proposed PUD. The PUD Document includes commitments to provide main water stub -outs for water distribution system looping with the adjacent developments of Bent Creek Preserve to the east and Tuscany Cove to the south. These commitments will not be required if the residential tract is master metered. 4. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for Rezones in those proposed, particularly as they may relate to PUDR-PL20170000768, BAUMGARTEN MPUD s7W Page 14 of 19 April 8, 2019 Packet Pg. 303 3.D.c 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 of the property. Additionally, the development will be required to gain SDP approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. S. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff has found this petition consistent with the overall GMP. 6. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed landscaping and buffering standards are compatible with most of the adjacent uses. Staff has recommended Conditions of Approval 2 and 3 (listed under PUD Finding 1) to address potential incompatibilities along the shared boundaries with residential development. " i ! 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. Collier County has sufficient treatment capacity for water and wastewater service to the project The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 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. PUDIC-PL20170000768, BAUMGARTEN MPUD Page 15 of 19 April 8, 2019 Packet Pg. 304 3.D.c 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 three deviations related to street width, directory signs and ground signs. 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 three deviations from the requirements of the LDC. The deviations are directly extracted from PUD Exhibit F. The petitioner's rationale, and staff analysis/recommendation are outlined below. Deviation #1 "Deviation #1 seeks relief from LDC Section 6.06.01. "Street System Requirements" and "Appendix B, Typical Street Sections and Right -of -Way Design Standards." The LDC establishes a minimum 60-foot right-of-way width for local streets. This deviation proposes to instead allow for private roads within the site to be located in a 50-foot wide access easement or right-of-way, as shown on the Master Plan and in Exhibit El, Deviation #1 Cross Section." Petitioner's Justification: The petitioner states the following in support of the deviation: The number of lanes and required lane width can be accommodated within the proposed 50 foot access easements or rights -of -way, and the reduction in the minimum required width will provide for a more efficient and compact development project. 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 5.06.04.F.3, "Directory Signs," which requires a Directory Sign to be a maximum of 20 feet in height and a maximum of 200 square feet, to instead allow the Directory Sign located at the Collier Boulevard entrance to the MPUD to be a maximum of 25 feet in height and a maximum of 250 square feet in size." Petitioner's Justification: The petitioner states the following in support of the deviation: PUDR-PL20170000768, BAUMGARTEN MPUD Page 16 of 19 April 8, 2019 Packet Pg. 305 3.D.d Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDQ LDC subsection 10.02.13 E & Code of Laws section 2-83 — 2-90 Ch. 3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Property Owner(s): BCHD Partners ll, LLC Name of Applicant if different than owner: 2600 Golden Gate Parkwa Peninsula Engineering Address: y City: Telephone:239-262-2600 Cell: E-Mail Address: Name of Agent: Christopher O. Scott Firm: Peninsula Engineering Naples Address. 2600 Golden Gate PkwyCity: Naples Telephone: 239-262-2600 Cell: E-Mail Address: CScott@pen-eng.com DETAIL OF REQUEST State: FL Fax: ZIP: 34103 State: FL ZIP: 34103 Fax: On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. Revised 3/27/2018 Page 1 of 4 Packet Pg. 306 3.D.d Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY INFORMATION I PUD NAME: Baumgarten MPUD ORDINANCE NUMBER: 2019-11 FOLIO NUMBER(S): 33155000184,33155000100,33155000126,33155000142,33155000168 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? 0 Yes ❑ No If no, please explain: Has a public hearing been held on this property within the last year? Q Yes ❑ No If yes, in whose name? BCHD Partners II, LLC Has any portion of the PUD been Q SOLD and/or Q DEVELOPED? Are any changes proposed for the area sold and/or developed? ❑ Yes ❑� No If yes, please describe on an attached separate sheet. Revised 3/27/2018 Page 2 of 4 Packet Pg. 307 3.D.d f Co ev County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 Pre -Application Meeting notes (email waiving pre-app meeting) 1 Project Narrative, including a detailed description of proposed changes and why amendment is necessary 1 ❑ Detail of request 1 Current Master Plan & 1 Reduced Copy 1 Revised Master Plan & 1 Reduced Copy 1 Revised Text and any exhibits ❑ ✓Li PUD document with changes crossed through & underlined ❑ ✓ PUD document as revised with amended Title Page with Ordinance # ❑ Warranty Deed ❑ Legal Description 1 ✓ Boundary survey, if boundary of original PUD is amended ❑ ✓ If PUD is platted, include plat book pages 0 ✓ List identifying Owner & all parties of corporation 1 ✓ Affidavit of Authorization signed & notarized 1 Completed Addressine Checklist 1 Propertv Ownership Disclosure Form 1 Copy of 8 %: in. x 11 in. graphic location map of site 1 ✓ Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ❑ ❑✓ [] *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADUI I IUNAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. Revised 3/27/2018 Page 3 of 4 Packet Pg. 308 3.D.d 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 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: District (Residential Components): Amy rt ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director Engineering: Eric Fey [FV—IEmereencv ❑ Parks and Recreation: Barry Williams and David Berra Management: Dan Summers ancy of SWFL: Nichole Johnson ❑ U Naples Airport Authority: Other: ❑ I City of Naples: Robin Singer, Planning Director ❑ I Other: C FEE REQUIREMENTS ❑ PUD Amendment Insubstantial (PDI): $1,500.00 ❑ Pre -Application Meeting: $500.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 Same fee applies if the petition is referred to the Collier County Planning Commission, where the CCPC serves as the deciding authority instead of the HEX. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 02/18/2021 gent/Owner Signature Date Christopher O. Scott,AICP Applicant/Owner Name (please print) Revised 3/27/2018 Page 4 of 4 Packet Pg. 309 3.D.d AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) Baumgarten PUD Insubstantial Change 1, Brian Goguen (print name), as Manager (title, if applicable) of BCHD Partners II, LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner applicant contract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Chris Scott of Peninsula Engineering to act as our/my representative in any matters regarding this petition including 1 through 2 above. "Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. 02110/2021 Sig atur Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of Rx physical presence or [:]online notarization this io day of February 20 21 , by (printed name of owner or qualifier) Brian Goguen Such person(s) Notary Public must check applicable box: 0 Are personally known to me Q Has produced a current drivers license 0 Has produced Notary Signature: CP\08-COA-00115\155 REV 3/4/2020 as identification. ............. KIM D, DAVIDSON . ; �' • Notary Public — Slate of Florida ' Commission # GG 154782 =. •,� , o,,z My Comm. Expires Feb 19, 2022 Bonded through Nallonal Nolaryksn. Packet Pg. 310 BAUMGARTEN MPUD (PQ PROPERTY OWNER LIST Parcel ID Number Tract Name and Address 33155000029 A 33155000045 B 33155000061 C 33155000087 D 33155000100 E BCHD Partners 11, LLC 33155000126 F 2600 Golden Gate Pkwy 33155000142 G Naples, FL 34105 33155000168 H-1 33155000184 H-2 33155000207 1 33155000233 J 33155000809 R1 Founders Square Storage, LLC 33155000249 K 6728 Jamestown Dr Alpharetta, GA 30005 33155000265 L DID Pelican, LLC 33155000760 L-1 403 Corporate Center Dr., Suite 201 33155000786 L-2 Stockbridge, GA 30281 V t IIII THE SHOPPEs OP PEBBLEBROGKE P I, I •: t�cKUEeaow . L ER COIIHIY�.O.Yf� I Founoeoe sTv[[i. e]P.. iau.. .. 1C �i t�p�, ii ncl IfAl eer i.oi nei I jry BENT CREEK [SINGLE FAMILY I RESIDENTIAL] IRPUD) TUSCANY COVE ` I (SINGLE FAMILY RESIDENTIAL) ` i (PVD) 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Fla Engineer CA 28275 Fla Landscape CA LC26000632 Packet Pg. 311 INSTR 5816657 OR 5717 PG 3325 RECORDED 1/16/2020 4:37 PM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $141,400.00 REC $35.50 CONS $20,200,000.00 3.D.d Prepared by: Matthew L. Grabinski, Esq. Coleman, Yovanovich & Koester, P.A. The Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 239-435-3535 File Number: 3623,104 After Recording Return to: Collier Insurance Agency, LLC Attn: Brad Stockham 2600 Golden Gate Parkway Naples, FL 34105 239-262-2600 Parcel Identification No's: 001 1 and 00192920001 This This Indenture made thi Plateau Co., Inc., a Delaware corporation,vt address is 2711 ter ille ,"Read, Suite 400, Wilmington, �p Delaware, 19808 ("Granto�l�� id BCHD Partne� `ffl I Lk a Florida limited liability company, whose post officedcress is whose address l alstatt Fund, 2600 Golden Gate Parkway, Naples, Florida 34105'�(Ga'tfte"). i (Wherever used herein the terms "(3rantoi a d1`&kee n 1 de-a11 the parties to this instrument and the heirs, legal representatives and assigns of individuals; `and`successors and assigns of entities) Witnesseth that Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations has granted, bargained, and sold to Grantee the following described land located in Collier County, Florida, to -wit: See Exhibit "A", attached hereto Subject to: all restrictions, reservations, easements and matters of record as listed on Exhibit "B", attached hereto, general or special taxes and assessments for the year 2020 and subsequent years, as well as zoning ordinances of Collier County, Florida. and 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, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor, but against none other. Packet Pg. 312 OR 5717 PG 3326 3.D.d In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Signatures appear on following page Witnesses: Tree Pl u o., Inc., (J a Del are c or 'on 0-a"a By: j. \ -, Print Name: Print ame: Richard S. Talford Its: President Print Name: State of Florida County of Collier The foregoing instrument online notarization Tree Plateau Co., Inc., a known to me or [j has pri [Notary Seal] ,a ',, CAROL A POTTER a<; Notary Public - State of Florida Commission # GG 025187 '•9lFOF F�Op '' My Comm. Expires Oct 26, 2020 Bonded through National Notary Assn. by corporation, on be ' physical presence or Talford, as President of n. He [Ijis personally a • 0 b- t — Printed Name: Commission Expires: (, ,a o Warranty Deed Page 2 of 2 Packet Pg. 3173 OR 5717 PG 3327 Exhibit "A" Legal All of Founders Square according to the plat thereof recorded in Plat Book 67 page 9 through 12, Public Records of Collier County, Florida. I Iqm I Packet Pg. 314 1 *** OR 5717 PG 3328 *** 3.D.d Exhibit °B" Exceptions to Title Declaration of Covenants, Conditions and Restrictions of Founders Square as recorded in Official record Book 5714 Page 2253, Public Records of Collier County, Florida. All matters contained on the plat of Founders Square as recorded in Plat Book 67, pages 9 through 12 of the public records of Collier County, Florida. Reservations of Oil, Gas and Mineral Rights recorded in Deed Book 30, page 91 and Deed Book 37, page 51, all of the Public Records of Collier County, Florida. Easement to Florida Power and Light Company, as recorded, in O.R. Book 1157, Page 704, of the Public Records of Collier County, Florida.; Developer Agreement by and between ,=ners II, LLC, a i4iPc ited liability company and Collier County, as recorded in Official Reco , page 2526, Public cor of Collier County, Florida. Y h )I. Packet Pg. 315 and ua:peBwne8 Iad 6L£00006ZOZ rid MM) dnl3e8 a6e13ed 6uiaeaH - 3 luaua43eljd :;ueu W g Q • ' Z vLL w � Uj UO LLJ Lu co U) d O U Si�= I ;I • _ jvu Z r g V (M o a A1Nnoo 8zirnoo I eland) aaHA3lnos 831-1-1 � 0- O J } 7 J iy�e��b� g co wNayll�� x M K K 4 0 0 2 n Z a. w x sn N V/ O a.o N w w U m 0 +' Za = m @� a �3a mn 55 Z. win 0 0 o a ii w Z W m 2 X LU Z O U O 75 U 00 w 0 a wu� o �zw Qr(7j _ s°¢_ W <J�> C°5 n W .w LU .. . . �U3 Z ZQy3 Z?d �Fza a y Z V zw_13 __< W Z ,zF - CL W PROJECT NARRATIVE AND DETAIL OF REQUEST BACKGROUND: The Baumgarten MPUD is located at the southeast intersection of Immokalee Road and Collier Boulevard. The MPUD was originally approved by Ordinance 2019-11 to allow for up to 270,000 square feet of commercial uses and 400 residential units. The MPUD Master Plan includes 20-acres of Mixed Use (MU), 10-acres of Residential, and 14-acres Mixed Use or Commercial (MU/R). In 2020, the MPUD was approved an Insubstantial Change to add deviations for potential facility with fuel pumps (HEX 2020-15 and HEX 2020-27). A Construction Plan and Plat application (PPL, PL20190000344) was approved in December 2019 and the associated plat (Founders Square) was recorded January 8, 2020 (PB 67, PGS 9-12). To date, the MPUD has been approved the following development orders: • Haldeman Luxury Apartments: Site Development Plan (SDP, PL20190000132) was approved for 400-unit apartments on Tract L. Founders Square Medical Office Building: Site Development Plan (SDP, PL20190001346) was approved for 34,275 square feet medical office building on Tract A. Founders Square Storage: Site Development Plan (SDP, PL20190002076) was approved for a 109,457 square feet indoor self -storage building on Tract K. The Pointe at Founders Square: Site Development Plan (SDP, PL20190001486) was approved for 39,664 square feet commercial shopping center on Tract B. REQUEST: The Applicant is requesting an Insubstantial Change to the Baumgarten MPUD to amend Exhibit B, Section 1, Mixed -Use Development Standards by changing the minimum yard requirement from the eastern project boundary. This change is considered insubstantial as detailed below. Specifically, this change includes: • Reduces setback to the Eastern Project Boundary from 50' to 25'; • Removes the provision that any building exceeding 50' in height shall increase its setback to the Eastern Project Boundary by one foot for each foot exceeding 50 feet of zoned height; and • Limits the maximum height of principal structures within 50' of the Eastern Project Boundary to 35 feet zoned height and 45 feet actual height. The existing development standards for the Mixed -Use portion of the PUD require a 50' minimum yard to the eastern project boundary that is shared with Bent Creek RPUD. Buildings over 50' tall are required to increase the setback an additional foot for each additional foot above 50'. This development standard only affects Tract H-2, which is a 1.01-acre commercial outparcel measuring approximately 150 feet in width. The setback reduction will provide greater design flexibility for this commercial outparcel. 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Baumgarten PUD, PL20210000379 Revised 5/25/2021 P Packet Pg. 317 The proposed 25' yard is consistent with minimum yard requirements for commercial zoning districts adjacent to residential districts or uses, as provided in LDC Section 4.02.01 Table 2.1.: Table 2.1 - TABLE OF MINIMUM YARD REQUIREMENTS (SETBACKS) FOR BASE ZONING DISTRICTS Zoning I Minimum district Front Yard Minimum Side Yard (feet) (feet) idential Non-residential C-1 T25 k5 115 C-2 25 25 15 C-3 3I c 125 I a C-4 4 d 25 C-5 4 125 125 15 Minimum Rear Yard (feet) public School Requirements Residential Non-residential 25 15 x 25 115 x 125 a x 25 a x 25 15 ix The eastern boundary of Tract H-2 includes a 15' Type B buffer consisting of trees planted every 25-feet on center, a continuous 5' tall hedge and an 8' concrete wall. To the east of Tract H-2 is Bent Creek Preserve RPUD. Bent Creek Preserve, Phase 2B plat provides an open space tract with a 15-foot wide landscape buffer and retained native vegetation along its western boundary. This open space tract, the existing buffers, 8' tall wall and proposed 25' setback provides sufficient separation between any proposed commercial building from the adjacent residential lots. -- IM11A10KALEE ROAD II� _ _ 1• _ _ _ — — — — — F�oa anrmn r�e..y Irrw �+d rro.. Y�rum�»rfr,w 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Baumgarten PUD, PL20210000379 Revised 5/25/2021 P Packet Pg. 318 To further reduce potential impacts of the reduced setback, the building height for any building located within 50' of the eastern project boundary is being limited to 35-feet zoned height and 45-feet actual height. These height limitations are consistent with the existing requirements for accessory structures within the Mixed Use District, which are permitted to be located 15' from the Eastern Project Boundary COMPLIANCE WITH LDC SECTION 3.0.02.13 E.: The request complies with the insubstantial change criteria of LDC Section 10.03.13 E.: E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in the Administrative Code. For the purpose of this section, a substantial change shall be deemed to exist where: a. A proposed change in the boundary of the PUD; The request does NOT include a change in the boundary of the PUD. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; The request does NOT increase the number of dwelling units or intensity of land use or height of buildings within the development. c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; The request does NOT change preservation, conservation, recreation or open space areas. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; The request does NOT increase areas or relocate areas for nonresidential land uses. The changes to the Mixed -Use Development standards does not increase or relocate areas designated as Mixed -Use on the Master Concept Plan and does not increase the amount of non-residential intensity permitted in the PUD. e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; The request does NOT increase impacts of development, such as traffic generation, circulation or impacts on other public facilities. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; The request does NOT change land use activities and does NOT generate higher level of vehicular trips. 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Baumgarten PUD, PL20210000379 Revised 5/25/2021 P Packet Pg. 319 g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; The request does NOT result in a requirement for increased stormwater retention or increased stormwater discharges. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; The request does NOT create incompatibility with, or negatively impact, adjacent land uses. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; The request IS consistent with the Collier County Growth Management Plan The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or The request is NOT located within a DRI. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. The request is NOT deemed a substantial modification and may be processed as an Insubstantial Change (PDI). 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Baumgarten PUD, PL20210000379 Revised 5/25/2021 P Packet Pg. 320 3.D.d EXHIBIT B BAUMGARTEN MPUD DEVELOPMENT STANDARDS The tables below set forth the development standards for land uses within the Baumgarten MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. MIXED- USE: PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10, 000 Sq. Ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS (External) From Immokalee Road ROW 25 ft. SPS From Collier Boulevard ROW 25 ft. SPS From Eastern Project Boundary*** eft 25 ft. 15 ft. From Southern Project Boundary 200 ft. Minimum 200 ft. Minimum MINIMUM YARDS (Internal) Internal Drives/ ROW 10 ft. 10 ft. Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes (measured from control elevation) 25 ft. 20 ft.* Preserve 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES 1/2 the sum of building heights 10 ft. MAXIMUM HEIGHT*** ZONED ACTUAL ZONED ACTUAL Retail Buildings 45 ft. 65 ft. 35 ft. 45 ft. Office Buildings and Hotel/ Motel 55 ft. 65 ft. 35 ft. 45 ft. MINIMUM FLOOR AREA (ground floor) 1,000 sq. ft. ** N/A MAXIMUM GROSS COMMERCIAL AREA 270,000 sq. ft. N/A * No structure may be located closer than 20 feet to the control elevation of a lake (allowing for the required minimum 20-foot wide lake maintenance easement). ** Per principal structure. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. *** Any building located within exceeding 50 feet in height ;h-;;" ; ease ift< setback by ^ ^ feet f, r �" ^ ^ feint eweeeding 50 feet of zoned height 4e4: the eastern PUD boundary is limited to a maximum zoned height of 35 ft. and a maximum actual height of 45 ft. No dumpster enclosure permitted within 105 feet of the eastern PUD boundary. Note: Residential dwellings may be constructed above retail or office use. Baumgarten PUD, PL20210000379 Page 1 of 1 Revised May 25, 2021 Packet Pg. 321 3.D.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Coft er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the Q C. )ercentage of such interest: Name and Address % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the Cf LV1)Ldr'C UI SL-ULK UWf1CU uy UdLfl: I Name and Address I % of Ownership I If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Created 9/28/2017 Name and Address % of Ownership Page 1 of 3 Packet Pg. 322 3.D.d cdkel-r ctaantj, COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address I % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership BCHD Partners II, LLC 100% Members of BCHD Partners II, LLC: BCAM, LLC & Metro Pelican, LLC Members of BCAM, LLC: Barron Collier Corporation & Barron Collier Partnership, LLLP Manager of Metro Pelican, LLC: Pelican Investors, LLC Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or o`. g. Date subject property acquired i, or irust: Name and Address Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Packet Pg. 323 3.D.d Pelican Nursery MPUD — PL20170000768 Exhibit 1 Disclosure of Interest Information List Identifying Owner(s) and All Parties of Corporation b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Tree Plateau Co. Inc. 5637 Strand Boulevard, #201 Naples, FL 34110 Name and Address Richard S. Talford, Sr., President Gene M. Pranzo, Director Carol Potter, Secretary and Treasurer 100 of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: BCAM, LLLP 50% 2600 Golden Gate Parkway Naples, FL 34105 Name and Address Barron Collier Partnership, LLLP - LP Barron Collier Management, LLC 1.0000% Juliet C. Sproul Family Inheritance Trust 24.7500% Barron G. Collier III Lifetime Irrevocable Trust 24.7500% Lamar Gable Lifetime Irrevocable Trust 12.3750% FGVLIRT— Christopher D. Villere Family 4.1250% FGVLIRT— Mathilde V. Currence Family 4,1250% FGVLIRT— Lamar G. Villere Family 4.1250% Phyllis G. Alden Lifetime Irrevocable Trust 12.3750% Donna G. Keller Lifetime Irrevocable 12.3750% Barron Collier Corporation -GP Barron Collier III, President Katherine G. Sproul, Vice President Blakeslee R. Gable, Vice President Brian Goguen, Vice President Douglas E. Baird, Vice President Bradley A. Boaz, Secretary/Treasurer/Registered Agent April 13, 2017 of Ownership 99.9000% 0.1000% © Grady.Nflnor Civil En, inrrr: • band Sum-Nors • I'Lncuc•rs • Lrnuhrapu.ln hllocls Page 1 of 2 Packet Pg. 324 3.D.d Pelican Nursery MPUD — PL20170000768 Exhibit 1 Disclosure of Interest Information List Identifying Owner(s) and All Parties of Corporation Shareholders Juliet C. Sproul Family Inheritance Trust 25.0000% Barron Collier III 25.0000% Lamar Gable Revocable Trust dated 8/29/08 12.5000% Frances G. Villere 12.5000% Phyllis G. Alden 12.5000% Donna G. Keller Irrevocable Trust 12.5000% METRO PELICAN, LLC 50% 15205 Collier Blvd., Suite 205 Naples, FL 34119 Name and Address Pelican Investors 66.67% Daniel J. Hughes 28.110% Thomas Londres 16.410% Stephen Niggeman 16.410% Paul Rumley 16.410% Glen Marvin 7.100% Daniel Brickner and Carylyn von Schaumburg 7.100% Joseph & Stephanie Dougherty h/w ATBTE 3.460% Eric Mallory 5.000% IM951, LLC 33.33% Initus, Inc. 36% Timothy Schneider 18% Fredrickson Enterprises, Inc. 18% Bruce Douglas Olson, PA 18% Mangione Enterprises, Inc. 10% % of Ownership April 13, 2017 Page 2 of 2 ©Grade\linor Civil Nnghwcrs • Land 5unr1%nrs • I911111crs • Lnndu apc.\rchltrcls Packet Pg. 325 3.D.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: Date option terminates: Anticipated closing date: I. Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 or AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Agent/Owner Name (please print) Created 9/28/2017 Date Page 3 of 3 Packet Pg. 326 3.D.d AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance. i (SignatGre of Applicant) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of ESXphysical presence or ❑ online notarization this -CS day of t � 20by Sao . Such pers n(s) Notary Public must check applicable box: Are personally known to me .,, 0; 1, I, ❑ Has produced a current drivers license ❑ Has produced as identification. Notary Signatur' (, , yy ��9,� -- —� . :';y' ;• KIM D. DAVIDSON pal' r° p�=, • • ; Notary Public — Slaleof Florida Commission # GG 154782 Iv; My Comm. Expires Feb 19, 2022 I Bonded Ihrough NaMnal Nola VAssn Packet Pg. 327 May 3, 2021 Dear Property Owner: Please be advised that a formal Planned Unit Development Insubstantial Change (PDI) application has been submitted to Collier County for the Baumgarten MPUD, located at the southeast intersection of Immokalee Road and Collier Boulevard. TITLE Request for an insubstantial change to Ordinance No. 19-11, as amended, the Baumgarten Mixed Use Planned Unit Development (MPUD), Exhibit B, Section I, Mixed -Use Development Standards, by decreasing the required minimum yard setback from the Eastern Project Boundary from 50 feet to 25 feet, removing the applicable provision that any building exceeding 50 feet in height shall increase its setback by one foot for each one feet exceeding 50 feet of zoned height from the eastern PUD boundary, and limiting the maximum height of principal structures within 50 feet of the Eastern Project Boundary to 35 feet zoned height and 45 feet actual height, located at the southeast quadrant of Immokalee Road (CR 846) and Collier Boulevard (CR 951) in Section 26, Township 48 South, Range 26 East, Collier County, Florida. [PL20210000379] In compliance with the Land Development Code, a Neighborhood Information Meeting (NIM) will be held to provide you an opportunity to become fully aware of the development intentions and give you an opportunity to comment and ask questions. The NIM will be held on Wednesday, May 19, 2021 at 5:30 pm at Saint Monica's Episcopal Church, 7070 Immokalee Road, Naples, FL 34119. The meeting will be conducted simultaneously through Zoom. If you are not able to attend the meeting in person and wish to attend via Zoom, please email me at CScott@pen-eng.com prior to the meeting to obtain a link. At this meeting, we will make every effort to illustrate the proposed request and answer any questions. Should you have questions prior to the meeting, please contact me. Sincerely, PENINSULA ENGINEERING CA�t�V`""` 0. Christopher O. Scott, AICP Zoning Manager CScott@pen-eng.com 239-262-2600 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Packet Pg. 328 PROJECT LOCATION 2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797 Packet Pg. 329 3.D.d Timestamp City 4/22/2021 13:47:28 (CDT) Naples Final Publication Date State 5/4/2021 0:00:00 (CDT) FL Ad Number ZIP Code GC10637920 34105 Publication Your Name Daily News Michael Staley Market Email Address Naples mstaley@gannett.com Delivery Method Both Number of Affidavits Needed 1 Customer Email cscott@pen-eng.com Customer Name Barron Collier Co Display Customer Address 2600 Golden Gate Parkway Naples, Florida 34105 Account Number (If Known) 504366 Name Chris Scott Street 2600 Golden Gate Parkway Packet Pg. 330 3.D.d 4 Navtcs 44'aftu Ncws PART Of THE USA TODAY NETWORK Published Daily Naples, FL 34110 BARRON COLLIER CO DISPLAY 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 ATTN CHRISS SCOTT 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. 5/4/2021 Subscribed and sworn to before on May 4th, 2021: Notary, State of WI, County of Brown TARA MONDLOCH Notary Public State of Wisconsin My commission expires: August 6, 2021 PUBLICATION COST: S945.00 AD NO: GC10637920 CUSTOMER NO: 504366 PO/k PUBLIC NOTICE Packet Pg. 331 NEIGHBORHOOD INFORMATION MEETING 3.D.d The public is invited to attend a neighborhood meeting held by Chris Scott of Peninsula Engineering, representing BCHD Partners II, LLC on May 19, 2021 at 5:30 pm at Saint Monica's Episcopal Church, 7070 Immokalee Road, Naples, FL 34119. v� =T- _L �a-lmmokale e,RD ='1 Project rj4+}7{I{Itm, _�` Location Vanderbilt, Beach RD Request for an insubstantial change to Ordinance No. 19-11, as amended, the Baumgarten Mixed Use Planned Unit Development (MPUD), Exhibit B, Section I, Mixed -Use Development Standards, by decreasing the required minimum yard setback from the Eastern Project Boundary from 50 feet to 25 feet, removing the applicable provision that any building exceeding 50 feet in height shall increase its setback by one foot for each one feet exceeding 50 feet of zoned height from the eastern PUD boundary, and limiting the maximum height of principal structures within 50 feet of the Eastern Project Boundary to 35 feet zoned height and 45 feet actual height, located at the southeast quadrant of Immokalee Road (CR 846) and Collier Boulevard (CR 951) in Section 26, Township 48 South, Range 26 East, Collier County, Florida. [PL20210000379] Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner/ developer and Collier County staff. If you are unable to attend this meeting in person, but have questions or comments or wish to attend simultaneously through Zoom, please contact: Chris Scott, Planning Manager Peninsula Engineering 2600 Golden Gate Parkway, Naples, FL 34105 cscott@pen-eng.com (239) 403-2600 Packet Pg. 332 and ua:peBwne8 Iad 6L£000W0Z-ld : £69W dnjoe8 a68IOed 6uia88H - a 4U8wt438Uv :;uewt4o8;4d CM � Cl) M rc .............................................. �m�mmmm mom ��Nrr�mmomgm d �m�m w�me ass o� so eeeeeeeeeeeeoso 00000eso �" ^�es� g$�s000 � -�sss�oee---g--- --- -- ee o oos �se ees^ a� o� Y a m 0 xx �a �r s U �O Qo � Uw O U Q a O¢ wr mmry�N �m o �� rr�� 888 m °orrm",r�N N N��FB��°'m��N� ymw�,mrFm�m�rB��N��ro8 H�000�o�Smo< �SmoS000�z So�ee ooS<ee m e 000e000��m eoRR�8oA8<ooe�o��e8o H- H HHH� HH HHH�F��HF H�H88 wK��FHHH H �NHH-.-.2H22HH��HHH H�HHHH�HHH��H H� 00 0.0H o o�000w 0000eooww°tt_-,&amoo �aM�M��000aoa000� oa000�o ig000000 0��0000moa¢ooma000s000000a000¢000 a0000002 LL agwwawaLLowc�i c�i c�i c�i c�i c�i c�i c�i c�i c�i c�i c�i c�io LLc�i c�i c�i c�i c�i c�i c�i c�iawo�w��og w�aooc�ia wwwooLL oc�i c�i c�iwo��o��ww��aaoc�io�aaao�000��o a�aaoo�oa s oososssozzzzzzzzzzzzzsszzzzzzzzsssos000zw sosss qw3 zioossss sqw zzss000soossoossszsossssossso ossosssso mmsmmmmmmmm��mm�� mmmmmmmmmse.mmmmm. a� mmmmmm�m�� mmmmmmmmmmmmmmm� mmmmmmmmmmmmmmmmmmmm00 am �mm m m o99 www m� www smo Faa a aQ a aaaaa W. ¢¢¢ �oo ¢ �� ¢¢ o W. ¢¢ ¢¢ ¢ ¢ ¢¢ ¢ H 0aa > >s »»»» > >>> o» > 0000m» »> » » > > » > >o s� ssssssss s sss smm s �sssxww ° I.H.H. ss s s H. s s www w w0wwwwwwwwwwww mmmmmmmm m mmm �zz I. s�� m www H. m m mm m °ww m0ssssssssssss 000 <0000gww o zzz s ms °ssW�WWW�w» » » » » »WWwwwwwwwwWWWw www 02222 Ww .W 000000 WWWW�W»>WW�� w..ww..WWW Dwxwwwwxww �WW�WWWW�wo >O>O>oY>o>o>o Y°°>o>o YYYYYYYY>o>o>ox>o xxx>o>OO>ox>o>o>ou°,N>a>a>a oaa>o>o>o>o20>o u°, u°, u°,>o >o xxx>oxx>o>oxx>o>o>ou°,>ow>o>o>o>ow>o >o>oww>o>ow>o>o>o>o w">o 0.m o w000wommmmmmmmmmNN00wwwwwwwwo oowowwwol-ow000yiwww°ww0000°oyyyoowwwowwooww000yow0000w000wwoow0000wio s ....wwwwwwww»wwwwwwww sr sss»www>w zazaa00zaozazaza 0w000000000000 za za 00000000 za za za0 000 ass za 0 za za za W. maaoHwlwl za za za s zaw wza za 000 00zazaoozazazawzaozaza za za 0 za za za 00 za za 0 za za za za 0a za o o� 11o1000�mzzzzzzzzzzzzoo��000�owwo l000 zmtttmzlzl0000 wo zzzoo'��o��oo��000zo W0000�000��oo,0000,mo Nh'ZZ-00zm»»»»»»VNoozzzzzzzzooszszzzmh'�� 0 000 d'd'd' m22NNNVN�N»>NN zzzmzzmmzz000V OZVNOOOZOOOzzoozVN000z4o w222222222222��mmmmmmmml'I� mImmmIiaa.w»>o a�000�owwwowwooww»>o�w» »w»>ww»w» »w 11xmm1. 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This is a Neighborhood Information Meeting for the Baumgarten PUD. We're requesting an Insubstantial Change. I'm sure you are all aware of the property. It's the old Fogg's Nursery, also known as Founders Square; there is definitely a lot going on currently if you driven by recently. Also with me today is, back at the computer, Jessica Harrelson, another planner with Peninsula. John English and Dan Waters, two of our Engineers; Dan has been the primary project Engineer for most of the Founder's Square development. And Eric Mallory with Metro Commercial is the managing entity of the development. This meeting is being broadcast on Zoom. We did not have anyone register, so I don't believe anyone is actually attending on Zoom. Also, I would like to point out — I forgot to mention, John Kelly is the planner with Collier County who is reviewing the petition and Ray Bellows who is the Zoning Manager for Collier County. They are here as observers, I believe and not active participants. So I'm going to skip through these Zoom slides since we don't have anyone on Zoom and get straight to the presentation. Since we're small in size we'll keep it somewhat informal and really open it up for you guys to have questions if you have any. This is the location for Founders Square. The lots and streets you see are the platted lots and streets. On the north side is Immokalee Road and Heritage Bay. Bent Creek Preserve is immediately to the east; Tuscany Cove is to the south and Pebblebrook shopping center is across Collier Boulevard to the west. Just a little background. The zoning was originally approved in June of 2019. This, as I said was the old Fogg's Nursery. Being at the intersection of Immokalee Road and Collier Boulevard it was identified as an Activity Center in Collier County's Future Land Use Map. When it was rezoned... (Unintelligable) ... Chris: Oh, Pelican Nursery. Excuse me. Yes, the school was Foggs Nursery. So when it was rezoned it was zoned as a Mixed Use Planned Unit Development. It was approved for up to 270,000 square feet of commercial uses and 400 residential units. And last year there was an Insubstantial Change approved for some deviations. Those deviations included some additional ground signs for some of the outparcels and some landscape deviations for potential gas station. Packet Pg. 336 3.D.d A little more of the project history and the actual development going on out there. This aerial shows projects that are in the planning stages or actually in construction. The development approvals to date include the Founders Square Plat which laid out the internal streets, lots, master stormwater, utilities and buffers. After that, the Haldeman Luxury Apartments Site Development Plan were approved for 400 units, shown in yellow. The medical office building, just under 34000 square feet was approved on Collier Boulevard. Storage building and the Pointe, slightly under 40,000 square feet, mostly consisting of restaurant and retail uses. The County is also currently revieing a site plan application for a 7-Eleven gas station that includes 16 fueling stations and it is located at the main entrance from Immokalee Road. This request -you want me to go back; were you taking a picture? No problem ... did you get a picture? OK This Insubstantial Change request is to reduce a setback for the Mixed Use section of the Planned Unit Development. Currently there is a setback requirement to the Eastern Boundary of the PUD of 50 feet. The request is to lower that to 25 feet. This is limited to the Mixed Use Development Section so that only affects one outparcel in the very northeast corner of the development adjacent to Bent Creek Preserve. In addition to reducing the setback, we are proposing to lower the height of the of the building too so you don't get a tall building. The building height currently is 50', up to 55' for office. We are lowering that to 35' if you want to be located closer than 50' to the eastern property boundary. Again, this only affects one tract in the PUD which is identified as Tract H-2. It's the one that is highlighted on the Master Concept Plan. This is a copy of the actual table and the text that is being changed. The portion that is highlighted is shown in a strikethrough underline format. So, it shows the 50 foot setback being reduced and the 25 foot setback being added. You can see those three asterisks; there is also three as asterisks to the right. That is a footnote and it is shown on the right hand of the screen. That reflects the requirement to limit the height of the building to 35 zoned height and 45 actual height if a building is going to be located within 50 feet of the PUD boundary. I'd like to point out, if you're looking at this table, the 25 foot setback is greater than the 15 foot setback that is currently allowed for accessory structures on that lot. And the zoned height that we're proposing to limit it to is consistent with the zoned and actual heights for accessory structures that are allowed on that lot. The property is buffered from ... to bent Creek Preserve. There is a 15 foot Type B buffer that includes a 5' hedge, there's an 8 foot tall wall and trees. Additionally, there's a minimum 15' Type B buffer on Bent Creek's side as well. As you move north there's an indigenous vegetation area so... At a minimum you have a 30' of open space before you get to the residential lot and as you move north that increases to about 105 feet. I've got some cross sections that kind of illustrate the current standard. As you're looking at this cross section. To the right would be Bent Creek Preserve with a 21' tall structure, which is consistent with the buildings that have been built there. Those Packet Pg. 337 3.D.d buildings have been setback 16 feet from the rear of their property line, then you have their 15 foot buffer before you reach the Founder Square property. Then you have another 15 foot buffer with a wall and an additional 10 feet that is part of a utility easement. This shows a 50 foot tall building with a 50 foot setback. With the proposed changes, we would allow a 35 tall building but it would be closer at 25 feet. This is drone footage that was done on May 5 looking at the property from the north to the southwest. You can see Bent Creek in the foreground, then the construction and the apartments going up and the commercial outparcel is height behind the Bent Creek Section and I'm going to zoom in so you can see the buffers and the wall a little bit better. That shows the separation of where that reduced setback would be. At this point I don't have anything else. If you have questions I'm happy to answer those. Renalte Meyer: (Audio not picked up on Zoom recording. Italicized text is a summary) Concerns on how cross sections were measured — they should be shown to the property line, not the houses. Concerns on construction going on and who maintains the buffer. Concerned with timing of the Neighborhood Meeting in that people cannot attend because they are on their way home from work at this time. Felt that her comments don't matter because it is a done deal. Chris: Thank you. This is proposed language, so it is not approved. The new verbiage we're proposing is to reduce the setback and the height. The process that's involved is that we have the NIM... Renalte: Concerned that Wednesdays are when Bent Creek has their HOA meeting Chris: I was not aware of their Board meeting schedule. So this will eventually get scheduled for a public hearing with the Hearing Examiner. So we're required to have this neighborhood meeting prior before the public hearing can be scheduled. There is another opportunity for public hearing and that is where the final decision will be made by the Hearing Examiner. In regards to the setbacks, there is a 15 foot setback before you get to their property line and there is a 10' distance before the house. So there is a total of 15 feet from the Bent Creek property line and then 25 feet on the Founders Square side. Renalte: (unintelligible) Chris: Their lanai could be within 5 feet of the rear property line. This cross section is an actual cross section based on the spot survey for that house so it is reflective of the existing conditions. Any other questions? Dale Walters: Concerns with workers doing work after hours and on Sundays; have filed code complaints. Was told by Commissioners and attorney for client (Rich Yovonovich) that the development would provide a wall or screening between parking and Tuscany Cove to the south. Needed to block car lights in apartment parking lot aimed at residences. Packet Pg. 338 3.D.d Chris: Dan, do you have any information on that? Dan Waters: In regards to issues with construction, those should be addressed by the general contractor for each building project. The PUD includes a commitment for a wall on the eastern boundary adjacent to Bent Creek, which is in. There is a fence on southern boundary and 1'II look into whether there is additional requirement for screening within the fence. Chris: I don't have a copy with me, but I do recall the PUD including something regarding the entrance to Tuscany Cove interconnection and can follow up. Renalte: Concerns about the number of parking spaces for apartments. Does not seem to be enough parking. Chris: The Site Development Plan are reviewed to ensure they meet parking requirements. Generally, for multi -family it is one parking space per unit, plus visitor parking based on the size of the unit ... number of bedrooms. And then there is additional requirement for recreational facilities. Renalte: Is it all parking lot... doesn't look like there is enough. Dan: Most of the parking is surface lot but there are some units that have separate garages. Chris: Any other questions, comments, concerns? Then we'll end this meeting. I appreciate you coming out and expressing your concerns. We'll get you copies of the PUD and look into if there was a wall requirement. Thank you. END 6:05 PM. Packet Pg. 339 and ua:peBwne8 Iad 6L£00006ZOZ-ld : £69W dnjoe8 a6eIOed 6uiae8H - a 4U8wt4OBUv :;uauayoe;4d r 1\ V .J Z D W Cn W Z Wu Z ZV LL, Z M— w rn ti M O O O 0, ^` � W O ,C J o_ a)CL 0).0) ca 0) U � a) � o cu p to p Q i L fn E T L 0 o N c6 n. 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Hy �I'>; (.3.N� .0L'rZr 3,OD,OODBN T-� ,94'£l0'Z .x,iZ. .69N Qi (11 30 74..1 d) 8A03 ANVOSM - ------------------- r ry a m o d �w� s s - s s s a aMm -- a„ -- w - 3.D.d ORDINANCE NO. 19- 11 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE BAUMGARTEN MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 400 MULTIFAMILY AND/OR TOWNHOUSE RESIDENTIAL DWELLING UNITS AND UP TO 270,000 SQUARE FEET OF COMMERCIAL LAND USES AT THE SOUTHEAST QUADRANT OF IMMOKALEE ROAD AND COLLIER BOULEVARD, IN SECTION 26, TOWNSHIP 48, RANGE 26, COLLIER COUNTY, FLORIDA, CONSISTING OF 55.66 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20170000768] WHEREAS, Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing BCHD Partners II, LLC, 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 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 26, Township 48, Range 26, Collier County, Florida, is changed from a Rural Agricultural (A) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the 55.66+/- acre project to be known as the Baumgarten MPUD, to allow construction of a maximum of 400 residential dwelling units and up to 270,00 square feet of commercial land uses [I 7-CPs-01708/ 1481218/ 11212 Pelican Nursery / PL20170000768 Page 1 of 2 6/12/19 Packet Pg. 345 3.D.d in accordance with the Baumgarten MPUD Document, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this I�day of rJ , 2019. ATTEST: CRYSTAL K;KINZ.EL, CLERK By: : e— . Attest as Thai s e uty Clerk tipature agly : " l Approved as to form and legality: 1 � 4-- ifeidAshton-Cicko Managing Assistant County Attorney Exhibit A: Permitted Uses BOARD OF C TY COMMISSIONERS COL�LIEER� C RIDA By: llliam L. McDaniel, Jr., Chairman Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: Requested Deviations from LDC Exhibit E1: Deviation #1 Cross Section Exhibit F: Developer Commitments [17-CPS-01708/1481218/11212 Pelican Nursery / PL20170000768 6/12/19 Page 2 of 2 This ordinance day Of and acknowied'.�e;�pnl� ,1n�- �t fiiing received �h'ss ��-=- a"y of — By r.� Packet Pg. 346 3.D.d EXHIBIT A BAUMGARTEN MPUD PERMITTED USES A maximum of 400 residential dwelling units and 270,000 square feet of gross commercial floor area shall be permitted within the MPUD. Any commercial square footage above 250,000 square feet must include indoor self -storage. The uses are subject to the trip cap identified in Exhibit F, Section 4.a of this PUD. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: MIXED -USE: A. Principal Uses (SIC In Parenthesis): 1. Accident and Health Insurance Services (6321) 2. Accounting, Auditing and Bookkeeping Services (8721) 3. Adjustment services (7322) 4. Advertising (consultants) agencies (7311) 5. Advertising, not elsewhere classified (7319) 6. Agricultural uses (interim until first certificate of occupancy for (N/A) any permitted use) 7. Architectural services (8712) 8. Animal Hospitals (0742) 9. Auto and Home Supply Stores (5531) 10. Automotive Washing and Polishing (7542) 11. Bakeries, Retail (5461) 12. Banks, commercial: national (6021) 13. Banks, commercial: not chartered (6029) 14. Banks, commercial: state (6022) 15. Banks, savings: Federal (6035) 16. Banks, savings: not federally chartered (6036) 17. Barber Shops (7241) 18. Beauty Shops (7231) 19. Book Stores (5942) 20. Breweries (limited to a maximum of 5,000 sq. ft.) (2082) 21. Business Associations (8611) 22. Business Consulting Services, not elsewhere classified (8748) 23. Camera and Photographic Supply Stores (5946) 24. Candy, Nut and Confectionery Stores (5441) Baumgarten MPUD Exh A-F-rev13.docx June 12, 2019 Page 1 of 19 Packet Pg. 347 3.D.d 25. Carpet and Upholstery Cleaning (7217) 26. Civic, Social and Fraternal Associations (8641) 27. Clothing and Accessory Stores, Men's and Boy's (5611) 28. Clothing Stores, Women's (5621) 29. Collection Services (7322) 30. Commodity Contracts Brokers and Dealers (6221) 31. Commercial Art and Graphic Design (7336) 32. Commercial Photography (7335) 33. Commercial Economic, Sociological and Educational Research (8732) 34. Computer and Computer Software Stores (5734) 35. Computer Facilities Management Services (7376) 36. Computer Maintenance and Repair (7378) 37. Computer Processing and Data Preparation Services (7374) 38. Computer Programming services (7371) 39. Computer Rental and Leasing (7377) 40. Credit Reporting Services (7323) 41. Credit Unions, Federal (6061) 42. Credit Unions, State: not federally chartered (6062) 43. Dairy Products Stores (5451) 44. Data Processing Consultants (7379) 45. Dance Studios, Schools and Halls (7911) 46. Data Processing Services (7374) 47. Dental Laboratories (8072) 48. Dentist Office/Clinic (8021) 49. Department Stores (5311) 50. Direct mail advertising service (7331) 51. Direct Selling Establishments (5963) 52. Doctors - Medicine Offices and Clinics (8011) 53. Doctors - Osteopathy Offices and Clinics (8031) 54. Doctors - Chiropractors Offices and Clinics (8041) 55. Dog Grooming (0752) 56. Drapery, Curtain and Upholstery Stores (5714) 57. Drinking Places (Alcoholic Beverages); Bottle Clubs and (5813) Cabarets are not permitted 58. Drug Stores (5912) 59. Dwelling Units - Multi -family and Townhouse, above retail or office uses Baumgarten MPUD Exh A-F-rev13.docx Page 2 of 19 June 12, 2019 Packet Pg. 348 3.D.d 60. Eating Places, no outdoor dining may be located on the easternmost MU tract adjacent to Bent Creek Preserve PUD. 61. Engineering services: industrial, civil, electrical, mechanical, marine and design 62. Executive Offices 63. Executive and Legislative Offices Combined 64. Fire, Marine and Casualty Insurance Services 65. Florists 66. Food Stores, Miscellaneous 67. Foreign Branches and Agencies of Banks 68. Foreign Trade and International Banking Institutions 69. Funeral home or parlor 70. Garment Pressing, and Agents for Dry Cleaners 71. Gasoline Service Stations 72. General Automotive Repair Shops 73. General Government, not elsewhere classified 74. General Merchandise Stores (including warehouse clubs and discount retail superstores) 75. Gift, Novelty and Souvenir Shops 76. Hair weaving or Replacement Services 77. Hardware Store 78. Health practitioners - not elsewhere classified 79. Hobby, Toy and Games Shops 80. Home health care services 81. Home Furniture and Furnishings Stores 82. Household Appliance Stores 83. Hospital and Medical Service Plans 84. Information Retrieval Services 85. Insurance Carriers, not elsewhere classified 86. Investment Advice 87. Jewelry Stores 88. Land Subdividers and Developers 89. Landscape architects, consulting and planning 90. Laundries (Coin Operated) and Dry-cleaning 91. Legal services 92. Libraries (except regional libraries) 93. Life Insurance 94. Liquor Stores 95. Loan brokers (5812) (8711) (9111) (9131) (6331) (5992) (5411, 5499) (6081) (6082) (7261) (7212) (5541) (7538) (9199) (5311-5399) (5947) (7299) (5251) (8049) (5945) (8082) (5712 - 5719) (5722) (6324) (7375) (6399) (6282) (5944) (6552) (0781) (7215) (8111) (8231) (6311) (5921) (6163) Baumgarten MPUD Exh A-F-rev13.docx Page 3 of 19 June 12, 2019 Packet Pg. 349 3.D.d 96. Luggage and Leather Goods Stores (5948) 97. Lumber and Other Building Materials Dealers (including home (5211) improvement superstores) 98. Management Services (8741) 99. Management Consulting Services (8742) 100. Markets, Meat and Fish (Seafood) Markets (5421) 101. Markets, Fruit and Vegetable Markets (5431) 102. Medical Equipment Rental and Leasing (7352) 103. Medical Laboratories (8071) 104. Membership Organizations, not elsewhere classified (8699) 105. Membership Warehouse Clubs with Gas and Liquor (No SIC) 106. Miniwarehouse/self-storage (indoor air conditioned only) (4225) 107. Miscellaneous amusement and recreational services not (7999) elsewhere classified. Only judo instruction, karate instruction, moped rental, motorcycle rental, rental of bicycles, scuba and skin diving instruction are permitted 108. Miscellaneous Business Credit Institutions (6159) 109. Miscellaneous Home Furnishings Stores (5719) 110. Miscellaneous personal services, not elsewhere classified (7299) excluding massage parlors, steam baths, tattoo parlors and Turkish baths. Day spas are permitted. 111. Miscellaneous Retail Stores, not elsewhere classified (5999) 112. Mortgage Bankers and Loan Correspondents (6162) 113. Motion Picture Theaters (7832) 114. Musical Instrument Stores (5736) 115. News Dealers and Newsstands (5994) 116. Nondeposit Trust Facilities (6091) 117. Optical Goods Stores (5995) 118. Optometrists - offices and clinics (8042) 119. Paint, Glass and Wallpaper Stores (5231) 120. Pension, Health and Welfare Funds (6371) 121. Personal Credit Institutions (6141) 122. Photocopying and Duplicating Services (7334) 123. Photographic Studios, Portrait (7221) 124. Photofinishing Laboratories (7384) 125. Physical Fitness Facilities (7991) 126. Podiatrists - offices and clinics (8043) 127. Political Organizations (8651) Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 4 of 19 Packet Pg. 350 3.D.d 128. Professional Membership Organizations (8621) 129. Professional Sports Clubs and Promoters, indoor only (7941) 130. Public Relations Services (8743) 131. Radio, Television and Consumer Electronics Stores (5731) 132. Radio, Television and Publishers Advertising Representatives (7313) 133. Real Estate Agents and Managers (6531) 134. Record and Prerecorded Tape Stores; adult video rental or (5735) sales prohibited 135. Religious Organizations (8661) 136. Repair Shops and Related Services, not elsewhere classified (7699) 137. Retail Nurseries, Lawn and Garden Supply Stores (5261) 138. Secretarial and Court Reporting Services (7338) 139. Security Brokers, Dealers and Flotation Companies (6211) 140. Security and Commodity Exchanges (6231) 141. Services Allied with the Exchange of Securities or Commodities, (6289) not elsewhere classified 142. Sewing, Needlework and Piece Goods Stores (5949) 143. Shoe Repair Shops and Shoeshine Parlors (7251) 144. Short -Term Business Credit Institutions, except agricultural (6153) 145. Social Services, Individual and Family (activity centers, elderly (8322) or handicapped only; day care centers for adult and handicapped only) 146. Sporting Goods Stores and Bicycle Shops (5941) 147. Stationery Stores (5943) 148. Stores, Children's and Infants Wear (5641) 149. Stores, Family Clothing (5651) 150. Stores, Miscellaneous Apparel and Accessory (5699) 151. Stores, Shoes (5661) 152. Stores, Women's Accessory and Specialty (5632) 153. Surety Insurance (6351) 154. Surveying Services (8713) 155. Tanning Salons (7299) 156. Tax Return Preparation Services (7291) 157. Tire retreading and repair shops, tire repair only (7534) 158. Title Abstract Offices (6541) 159. Title Insurance (6361) 160. Tobacco Stores and Stands (5993) 161. Travel Agencies (no other transportation services) (4724) Baumgarten MPUD Exh A-F-rev13.docx June 12, 2019 Page 5 of 19 Packet Pg. 351 3.D.d 162. Tutoring (8299) 163. Used Merchandise Stores (excluding pawn shops) (5932) 164. Veterinary services for animal specialties (0742) 165. Video Tape Rental, adult video rental or sales prohibited (7841) 166. Watch, Clock and Jewelry Repair (7631) 167. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. B. Accessory Uses: 1. Uses and structures that are accessory and incidental to the permitted uses within this MPUD document. 2. Water management facilities to serve the project such as lakes. 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. 4. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this MPUD as determined by the BZA or the Hearing Examiner. RESIDENTIAL: A. Principal Uses: 1. Dwelling Units - Multi -family and Townhouse 2. Model homes / model sales or leasing offices 3. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the principal uses permitted in this MPUD, including but not limited to garages, carports, swimming pools, spas and screen enclosures. 2. Water management facilities to serve the project such as lakes. Baumgarten MPUD Exh A-F-revl3.docx Page 6 of 19 June 12, 2019 Packet Pg. 352 3.D.d 3. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this MPUD as determined by the BZA or the Hearing Examiner. C. Amenity Area: 1. Principal Uses: a. Clubhouses, community administrative facilities and recreational facilities intended to serve residents and guests, including leasing and construction offices. b. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. 2. Accessory Uses: a. Accessory uses and structures customarily associated with the principal uses permitted in this MPUD, including but not limited to swimming pools and spas. b. Water management facilities to serve the project such as lakes. C. open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. d. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this MPUD as determined by the BZA or the Hearing Examiner. Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 7 of 19 Packet Pg. 353 3.D.d EXHIBIT B BAUMGARTEN MPUD DEVELOPMENT STANDARDS The tables below set forth the development standards for land uses within the Baumgarten MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. I. MIXED -USE: PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM YARDS (External) From Immokalee Road ROW 25 ft. SPS From Collier Boulevard ROW 25 ft. SPS From Eastern Project Boundary*** 50 ft. 15 ft From Southern Project Boundary 200 ft. Minimum 200 ft. Minimum MINIMUM YARDS (Internal) Internal Drives/ROW 10 ft. 10 ft Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes (measured from control elevation) 25 ft. 20 ft.* Preserve 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES 1/2 the sum of building heights 10 Ft. MAXIMUM HEIGHT*** ZONED ACTUAL ZONED ACTUAL: Retail Buildings 45 ft. 65 ft. 35 ft. 45 ft. Office Buildings and Hotel/Motel 55 ft. 65 ft. 35 ft. 45 ft. MINIMUM FLOOR AREA (ground floor) 1,000 sq. ft. ** N/A MAXIMUM GROSS COMMERCIAL AREA 270,000 sq. ft. N/A * No structure may be located closer than 20 feet to the control elevation of a lake (allowing for the required minimum 20-foot wide lake maintenance easement). ** Per principal structure. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. *** Any building exceeding 50 feet in height shall increase its setback by one foot for each one feet exceeding 50 feet of zoned height from the eastern PUD boundary. No dumpster enclosure permitted within 105 feet of the eastern PUD boundary. Note: Residential dwellings may be constructed above retail or office use. Baumgarten MPUD Exh A-F-rev13.docx Page 8 of 19 June 12, 2019 Packet Pg. 354 3.D.d II. RESIDENTIAL: PRINCIPAL STRUCTURE *6 TOWNHOUSE (PER UNIT) MULTI -FAMILY AMENITY AREA *4 Minimum Lot Area 1,440 SF 43,560 SF N/A Minimum Lot Width 18 feet N/A N/A Minimum Lot Depth 80 feet N/A N/A Minimum Front Yard Setback 20 feet *2 20 feet *2 15 feet Minimum Side Yard Setback 0/10 feet *1 0/10 feet *1 15 feet Minimum Rear Yard Setback 15 feet 15 feet 15 feet Minimum Preserve Setback 25 feet 25 feet 25 feet Minimum PUD Boundary Setback 105 feet 105 feet 105 feet *5 Maximum Building Height Zoned Actual 45 feet 50 feet 55 feet 65 feet 25 feet 35 feet Minimum Distance Between Buildings 20 feet 20 feet N/A Floor Area Minimum, per unit 750 SF 684 SF N/A ACCESSORY STRUCTURES *6 Minimum Front Yard Setback *2 15 feet 15 feet 10 feet Minimum Side Yard Setback 10 feet 10 feet 10 feet Minimum Rear Yard Setback *3 10 feet 10 feet 10 feet Minimum Preserve Setback 10 feet 10 feet 10 feet Minimum PUD Boundary Setback 15 feet 15 feet 15 feet*7 Minimum Distance Between Buildings 0/10 feet 0/10 feet N/A Maximum Height Zoned Actual 35 feet 40 feet 35 feet 40 feet 25 feet 30 feet SPS — Same as Principal Structure BH — Building Height (zoned height) *1— Minimum separation between adjacent dwelling units, if detached, shall be 10'. *2 — Front yards shall be measured from back of curb (if curbed) or edge of pavement (if not curbed) for private streets or drives, and from ROW line for any public roadway. Single-family front entry garages shall have a 23' setback from back of sidewalk. *3 — All landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a residential lot. Where a home site abuts a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts, the accessory structure setback on the residential lot may be reduced to zero (0) feet where it abuts the easement. *4 —When not located in a residential building within the "R" tract. *5 — Does not apply to passive recreational uses such as trails/pathways. *6 - Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape, passive parks and access control structures shall have no required setback, except as listed below, and are permitted throughout the "R" designated areas of the PUD; however such structures shall be located such that they do not cause vehicular stacking into the road right-of-way or create site distance issues for motorists and pedestrians. *7 — No swimming pool or dumpster enclosure may be located within 105 feet of the southern or eastern PUD boundary. Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019 Page 9 of 19 Packet Pg. 355 3.D.d Maximum Height for Guardhouses/Gatehouses: Zoned: 25' Actual: 30' Note: nothing in this MPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Baumgarten MPUD Exh A-F-revl3.docx Page 10 of 19 June 12, 2019 Packet Pg. 356 and ua:peBwneg lad 6L£000MOZ-1d : £6SL4) dmpe8 aBe13ed BUIMOH - a WOW140BIM IUM11438-11V ti G M OI'IOS 1-10IH ,8 p w �a ui chW{� Z co i Z O Q O U * i p A. p} W ( t p II Q } - U �~ Q m W J' z' W g CD O Q U U W .I v I e ly jfff777))}3� W J O M i ZZ O ,B l 0 a W x Q 7am LLWy } U) W z �Uw Qzw p Z W Q_ 0 Z�r QZ— POW ZUU m W �FLL ~ Li O�w p � Qv= COL a 0x Z W m , o- M O M N m c a �— —� LU . m �a 0 W p y W J (L Q w 3aLL ZLL U3 0 oU) ,7Ric �gm W W n. a �U Wpm p Z W -- -- --; g LL ----- Z -- �m� O m -- a -- — -- —� �1 ww O U wcwgW �F LL�� O O rn I =_x �- f- m z F. W :� �1 ZQS �x =WX ZW UQ N a w I1 ita X� o 1 w<o 1 �� . _ > COLLIER BLVD i Q Q CW i J C U0 fl JOW 1 U- ~ O I� �za oo 11 ",. W O U I F0c/5 U,a N 1 a w 1 wLu2 LU i I; p z I �1 Z"� Q > a w I" I O Z gy ZQ oZ I''• Z II QW cn Z) I I W `; 1 U 1 (n K m �Y J m m 1 LL I I I I x a pt UJ x a�coW� 1 ZW pui Lu t I� p0WU. (LW �ZLL0aL� Fn F: 0 S LI: ._._..._..... \ C] Z Z w LL o? o o_ w d} m FLU a0 CL w ~ LL w< W ZIII JQLL F Z \� \ 0 o Q W X= C 04 f J LL U J W M a 0 M D U) w H U) and uepe6uane8 lad 6L£00006ZOZ-1d : £6SLL) dnjoe8 OBeVed 6ulaeOH - 3 Iu8w43eIIv :;uOwt43eIIv O p 0 0 o M N U U U Q U U Q U Q N c— O w - ri J Q^ Q Nw H W L L Z N < n/ Z L 1- L1 W Q cfl LL1 Z 2 Z ui�w U') <0O W W ww Q Q Q C)U)~ 0 <»ZC) LLJ W� W m C) C) Z W- �XX��cnWaOm w ��a � 0 W �- m m X 2 0 X Z W W 0- W a- W � Q � H z U � C/) O I— IY Z n w 2 w W 1= � WLU U' 0 ~ Z (D W w z } !Z cf) Q 0 Z 0 z W w 0 0 � o L) I� Z Z) Z J L.L J � W o � o It N G G Z) D 2 2 J Q LiJ U Q Z z � a- w cn o U) w 0 w C� U 0 0 0 cM M 00 00 Ir w U) w F- Z O w Z IY 0 W 0Y W W 2 U Z Z Q w w Q � O U) F- w w w w F- o w Z > 0 Q Q Z U Q Z 0 0 O 0 Z z 0 2 Z 0 Q ~ CO U w Z 0 co LU co Z O_ U)Q ~Z F— 0 D wF- I— Q W Z > IY � � Z W Z a 0 w ZO Z Z F- 0U)F-(D z Z W ZgOUW U) Q CO Lu =Z 0 I—IYHZ r- N n0) 0o U ZZ N � Z � co a W o ww cn aw m IL 3.D.d EXHIBIT D BAUMGARTEN MPUD LEGAL DESCRIPTION PARCEL 1 (PARCEL NO. 00192920001): THE NW 1/4 OF THE NW 1/4, SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LESS THE NORTH 100 FEET PREVIOUSLY CONVEYED FOR ROAD RIGHT-OF-WAY AND LESS RIGHT OF WAY DESCRIBED IN O.R. BOOK 2568, PAGE 1176 AND LESS RIGHT OF WAY DESCRIBED IN O.R. BOOK 3328, PAGE 1487, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2 (PARCEL NO. 00192360001): THE WEST 60% OF THE NE 1/4 OF THE NW 1/4, SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LESS THE NORTH 100 FEET PREVIOUSLY CONVEYED FOR ROAD RIGHT-OF-WAY AND LESS ROAD RIGHT-OF-WAY DESCRIBED IN O.R. BOOK 3328, PAGE 1487, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE ABOVE DESCRIBED LANDS BEING SUBJECT TO THE TERMS OF THAT BOUNDARY LINE AGREEMENT RECORDED IN OFFICIAL RECORD BOOK 2228, PAGE 1540, COLLIER COUNTY, FLORIDA, AND SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A TRACT OR PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, COMMENCING ATTHE NORTHWEST CORNER OF SAID SECTION 26, THENCE 5.89°58'37"E. ALONG THE NORTH LINE OF SAID SECTION 26, A DISTANCE OF 105.55 FEET; THENCE 5.00°01'23"W. DEPARTING SAID NORTH LINE, A DISTANCE OF 136.96 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING, THENCE RUN ALONG SAID SOUTH RIGHT-OF-WAY THE FOLLOWING NINE (9) COURSES: 1. N.86°54'32"E., A DISTANCE OF 220.75 FEET, 2. 5.89°58'57"E., A DISTANCE OF 585.17 FEET, 3. S.00°01'25"W., A DISTANCE OF 15.00 FEET, 4. 5.89°58'25"E., A DISTANCE OF 301.91 FEET, S. S.00°01'35"W., A DISTANCE OF 3.94 FEET, 6. S.89°58'25"E., A DISTANCE OF 89.97 FEET, 7. N.00°01'25"E., A DISTANCE OF 15.00 FEET, 8. S.88°54'04"E., A DISTANCE OF 22.92 FEET, 9. 5.88°54'04"E., A DISTANCE OF 793.22 FEET; Baumgarten MPUD Exh A-F-revl3.docx Page 13 of 19 June 12, 2019 Packet Pg. 359 3.D.d TO AN INTERSECTION WITH THE WEST BOUNDARY LINE OF THE PLAT OF BENT CREEK PRESERVE, AS RECORDED IN PLAT BOOK 55, PAGE 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE 5.02°16'43"E. DEPARTING SAID SOUTH RIGHT-OF-WAY ALONG SAID WEST BOUNDARY LINE, A DISTANCE OF 1,194.23 FEET TO AN INTERSECTION WITH THE NORTH BOUNDARY LINE OF THE PLAT OF TUSCANY COVE, AS RECORDED IN PLAT BOOK 42, PAGE 15, OF SAID PUBLIC RECORDS; THENCE N.89°59'25"W. ALONG SAID NORTH LINE, A DISTANCE OF 2,013.46 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 100 FOOT WIDE CANAL RIGHT- OF-WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 12, PAGE 348, OF SAID PUBLIC RECORDS; THENCE N.02°15'50"W., ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 1,201.93 FEET TO THE POINT OF BEGINNING. PARCEL NO. 00192920001 CONTAINS 33.82 ACRES, MORE OR LESS. PARCEL NO. 00192360001 CONTAINS 21.84 ACRES, MORE OR LESS. TOTAL PARCEL CONTAINS 55.66 ACRES, MORE OR LESS. Baumgarten MPUD Exh A-F-revl3.docx Page 14 of 19 June 12, 2019 Packet Pg. 360 3.D.d EXHIBIT E BAUMGARTEN MPUD DEVIATIONS FROM THE LDC DEVIATION 1: From LDC Section 6.06.01. — "Street System Requirements" and "Appendix B, Typical Street Sections and Right -of -Way Design Standards". The LDC establishes a minimum 60-foot right of way width for local streets. This deviation proposes to instead allow for private roads within the site to be located in a 50-foot wide access easement or Right -of -Way, as shown on the Master Plan and in Exhibit E1, Deviation #1 Cross Section. DEVIATION 2: From LDC Section 5.06.04.F.3, "Directory Signs", which requires a Directory Sign to be a maximum of 20 feet in height and a maximum of 200 square feet, to instead allow the Directory Sign located at the Collier Boulevard entrance to the MPUD to be a maximum of 25 feet in height and a maximum of 250 square feet in size. DEVIATION 3: From LDC Sections 5.06.04.F1 and 5.06.04.F.2, "Ground Signs", which allows each outparcel to have a single ground sign along a public street, to instead allow outparcels and individual free standing uses within the MPUD to have one additional ground sign that is oriented to the internal private by-pass driveway (labeled as R.O.W or access easement on the Master Plan) that is provided for in the MPUD. Baumgarten MPUD Exh A-F-rev13.docx Page 15 of 19 June 12, 2019 Packet Pg. 361 � � � and ue:peBmneg and 6 £ 00W Z d:£ 9 W dnjoeg eBB IOB d BuNBO H.o} ewt4OB Uv:uemt4o8 n¥ 2 ill ! m }) \ \ 3.D.d EXHIBIT F BAUMGARTEN MPUD DEVELOPMENT COMMITMENTS 1. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is BCHD Partners II, LLC, 2600 Golden Gate Parkway, Naples, FL 34105. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2. MISCELLANEOUS a. All other applicable state or federal permits must be obtained before commencement of the development. b. Pursuant to Section 125.022(5) F.S., Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. c. Parking lot lighting shall be dark sky compliant (flat panel, full cut off fixtures —BUG rating where U = 0) to avoid light spill onto adjacent properties. Fixtures within 50-ft of residential properties along the PUD boundary shall be set at no higher than a 15- ft mounting height. Otherwise the site light poles shall not exceed a 25-ft mounting height. Light levels along the PUD boundary shall be limited to no more than 0.2-ft- candles along the joint property line where adjacent to residential property (i.e. not applicable to Collier Blvd and Immokalee Rd). However light levels at Baumgarten MPUD Exh A-F-rev13.docx June 12, 2019 Page 17 of 19 Packet Pg. 363 3.D.d 3. 4 interconnections identified on the Master Plan may be standard lighting for residential development. UTI LITI ES a. As part of the subdivision plat approval or SDP for the residential portion of the PUD, the owner shall provide a water main stub -out to the southern property line of the PUD, at the interconnect location shown on the PUD Master Plan, in a location determined by the owner and approved by the County. A County Utility Easement will be conveyed by owner to County at no cost to the County for the water main stub - out and shall be shown on the recorded plat or recorded by separate instrument prior to preliminary acceptance of utilities. The stub -out shall be sized to supply fire flow to the PUD under maximum day conditions, as required by Collier County Design Criteria in the Collier County Water -Sewer District Utilities Standards Manual, as adopted by Ordinance 2004-31, as amended, and as further amended by Resolution No. 2014-258, or its successor resolution. This stub -out will not be required if the residential tract is master metered. b. As part of the subdivision plat approval or SDP for the residential portion of the PUD, the owner shall provide a water main stub -out to the eastern property line of the PUD, at the location of the terminus of Glenforest Drive within the Bent Creek Preserve RPUD. A County Utility Easement will be conveyed by owner to County at no cost to the County for the water main stub -out and shall be shown on the recorded plat or recorded by separate instrument prior to preliminary acceptance of utilities. The stub -out shall be sized to supply fire flow to the PUD under maximum day conditions, as required by Collier County Design Criteria in the Collier County Water -Sewer District Utilities Standards Manual, as adopted by Ordinance 2004-31, as amended, and as further amended by Resolution No. 2014-258, or its successor resolution. This stub - out will not be required if the residential tract is master metered. TRANSPORTATION a. The maximum net external trip generation for the PUD shall not exceed 1,159 two- way PM peak hour trips as a mixed -use commercial/residential project (internal capture and pass by trips deducted). The trips will be based on the applicable land use codes in the Institute of Transportation Engineers (ITE) Trip Generation Manual in effect at the time of application for Site Development Plan (SDP), or Plat and Construction Plan (PPL) approval. b. As a part of the first application for Site Development Plan or Plat for construction of the development an operational Transportation Impact Statement will be provided that includes the entire development (highest and best use) for review and approval by Collier County Transportation staff which will be updated/revised with each subsequent SDP or Plat application until the build -out condition is achieved. Baumgarten MPUD Exh A-F-rev13.docx June 12, 2019 Page 18 of 19 Packet Pg. 364 3.D.d 5. SPECIAL CONDITIONS a. No adult orientated sales are permitted. b. For commercial uses, outdoor music and televisions shall be limited to the areas that are a minimum of 500 feet from the southern and eastern PUD boundaries. There will be no outdoor amplified sound between the hours of 10 p.m. and 8 a.m. weekdays and 12 a.m. and 8 a.m. on weekends. There will be no outdoor dining on the MU Tract adjacent to Bent Creek Preserve PUD. c. Dumpsters shall be oriented as far away from residential units as possible. d. Delivery bays shall not abut external residential development. e. Service bays related to automobile service and repair shall be located so that they do not face any external residential district within 1500 feet. f. All pole lighting located in Amenity Areas shall be limited to flat full cutoff shields g. Residential Amenity Area — no amplified sound after 10:00 p.m. and no lighted recreational facilities, other than low illumination ground mounted light, after 10:00 p.m. h. Pedestrian and vehicular interconnection to Tuscany Cove shall be gated and six foot high, chain link fencing shall be extended 100 lineal feet on each side of the gated access prior to the first Certificate of Occupancy for the residential dwelling units adjacent to the southern PUD boundary. i. 100 lineal feet of six foot high, chain link fencing shall be installed near the southwest portion of the site as shown on the Master Plan prior to the first Certificate of Occupancy for the residential dwelling units adjacent to the southern PUD boundary. As part of the initial project site work, the developer shall install the berm and perimeter landscape buffers along the southern and eastern PUD boundaries. The southern perimeter landscape buffer shall include a 6-foot high fence with opaque slats. Within the southern landscape buffer, the developer shall provide supplemental landscape plantings meeting the type C landscape buffer canopy tree requirement where the Tuscany Cove landscape buffer has missing canopy trees. This supplement planting shall occur within the Baumgarten PUD's 15-foot wide landscape buffer. Baumgarten MPUD Exh A-F-rev13.docx Page 19 of 19 June 12, 2019 Packet Pg. 365 3.D.d FLORIDA DEPARTMENT Ot STATE RON DESANTIS Governor June 17, 2019 Ms. Ann Jennejohn, Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail, Suite #401 Naples, Florida 34112-5324 Dear Ms. Jennejohn: LAUREL M. LEE Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 19-11, which was filed in this office on June 17, 2019 Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us Packet Pg. 366 3.D.d IIEX NO. 2020-15 HEARING EXAMINER DECISION DATE OF HEARING. September 24, 2020 PETITION. PETITION NO. MPUD PL20200000048 Baumgarten MPUD - Request for an insubstantial change to the Baumgarten Planned Unit Development (PUD) by seeking deviations from LDC Sections 5.05.05 BA., 5.05.05. D.2.a., and 5.05.05. D.2.b. "Facilities with Fuel Pumps" and LDC Sections 5.06.02.B.14, 5.06.02.B.14.a. and 5.06.02.B.14.b. "Boundary Marker Sign," LDC Section 5.06.04.F.2.b., "Outparcels-Ground Signs" and LDC Section 5.06.04. F.3., "Directory Signs" and modifying previously approved Deviation #3. The subject PUD is 55.66f acres located at the southeast quadrant of Immokalee Road and Collier Boulevard, in Section 26, Township 48 South, Range 26 East, Collier County, Florida. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 2. The public hearing was conducted electronically and in -person in accordance with Emergency/Executive Order 2020-04. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial Public Hearing Waiver related to conducting the public hearing electronically and in -person. 4. The Petitioner and/or Petitioner's representative presented the Petition, followed by County staff and then public comment. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there is sufficient competent, substantial evidence as applied to the criteria set forth in Section 10.02.13.E.1 of the Land Development Code to approve Petition. Page 1 of 3 Packet Pg. 367 3.D.d DECISION. The Hearing Examiner hereby APPROVES Petition Number PDI-PL202000000048, filed by Richard D. Yovanovich, Esq. of Coleman, Yovanovich and Koester, P.A. representing D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., with respect to the property as described Ordinance Number 2019-11, 55.66± acres, located at the southeast quadrant of Immokalee Road and Collier Boulevard, in Section 26, Township 48, Range 26, Collier County, Florida, for the following: An insubstantial change to the Baumgarten Planned Unit Development (PUD) by seeking deviations from LDC Sections 5.05.05 B.1., 5.05.05. D.2.a., and 5.05.05. D.2.b. "Facilities with Fuel Pumps" and LDC Sections 5.06.02.B.14, 5.06.02.B.14.a. and 5.06.02.B.14.b. "Boundary Marker Sign," LDC Section 5.06.04.F.2.b., "Outparcels-Ground Signs" and LDC Section 5.06.04. F.3., "Directory Signs" and modifying previously approved Deviation #3. Said changes are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A None. LEGAL DESCRIPTION. See Ordinance Number 2019-11, 55.66± acres, located at the southeast quadrant of Immokalee Road and Collier Boulevard, in Section 26, Township 48, Range 26, Collier County, Florida. CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER. 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. APPEALS. This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. Page 2 of 3 Packet Pg. 368 3.D.d RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. October 7, 2020 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 3 of 3 Packet Pg. 369 3.D.d HEX NO. 2020-27 CORRECTIVE HEARING EXAMINER DECISION (To Correct Scrivener's Error in Hex No. 2020-15) DATE OF HEARING. This CORRECTIVE DECISION is approved on December 2, 2020, in order to correct a scrivener's error in HEX Decision No. 2020-15, wherein the exhibits to the decision were inadvertently not included. PETITION. PETITION NO. MPUD PL20200000048 Baumgarten 11IPUD - Request for an insubstantial change to the Baumgarten Planned Unit Development (PUD) by seeking deviations from LDC Sections 5.05.05 B.1., 5.05.05. D.2.a., and 5.05.05. D.2.b. "Facilities with Fuel Pumps" and LDC Sections 5.06.02.B.14, 5.06.02.B.14.a. and 5.06.02.B.14.b. "Boundary Marker Sign," LDC Section 5.06.04.F.2.b., "Outparcels-Ground Signs" and LDC Section 5.06.04. F.3., "Directory Signs" and modifying previously approved Deviation #3. The subject PUD is 55.66f acres located at the southeast quadrant of Immokalee Road and Collier Boulevard, in Section 26, Township 48 South, Range 26 East, Collier County, Florida. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 2. The public hearing was conducted electronically and in -person in accordance with Emergency Executive Order 2020-04. 3. The Petitioner and or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial Public Hearing Waiver related to conducting the public hearing electronically and in -person. 4. The Petitioner and or Petitioner's representative presented the Petition, followed by County staff and then public comment. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and `or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there Page 1 of 3 Packet Pg. 370 3.D.d is sufficient competent, substantial evidence as applied to the criteria set forth in Section 10.02.13.E.I of the Land Development Code to approve Petition. DF.CISInN. The Hearing Examiner hereby APPROVES Petition Number PDI-PL202000000048, filed by Richard D. Yovanovich, Esq. of Coleman, Yovanovich and Koester, P.A. representing D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., with respect to the property as described Ordinance Number 2019-11, 55.66± acres, located at the southeast quadrant of Immokalee Road and Collier Boulevard, in Section 26, Township 48, Range 26, Collier County, Florida, for the following: An insubstantial change to the Baumgarten Planned Unit Development (PUD) by seeking deviations from LDC Sections 5.05.05 B.1., 5.05.05. D.2.a., and 5.05.05. D.2.b. "Facilities with Fuel Pumps" and LDC Sections 5.06.02.B.14, 5.06.02.B.14.a. and 5.06.02.B.14.b. "Boundary Marker Sign," LDC Section 5.06.04.F.2.b., "Outparcels-Ground Signs" and LDC Section 5.06.04. F.3., "Directory Signs" and modifying previously approved Deviation #3. Said changes are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A — Baumgarten MPUD Master Plan Revised 4 1 20 Exhibit B - Baumgarten MPUD Deviations from the LDC LEGAL DESCRIPTION. See Ordinance Number 2019-11, 55.66± acres, located at the southeast quadrant of Immokalee Road and Collier Boulevard, in Section 26, Township 48, Range 26, Collier County, Florida. CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER. 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. Page 2 of 3 Packet Pg. 371 3.D.d APPEALS. This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING NIAP FOR INFORMATIONAL PURPOSES. December 2, 2020 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 3 of 3 Packet Pg. 372 3.D.d EXHIBIT "A" Packet Pg. 373 and uepelkuneg lad 6L£00001,M-1d : £69LL) dnjoe8 06el3ed 6uIJe8H - 31u8wtA3eUV :1u8wt43e44V - Z - - - - •raN n bv7nnre OL oa - IfOM v fl' � ' ao >r W > r �°.. �_ M „ R - _j W Q jalm� J3° �cria WaW > U� rw 'LZW �Ozwwj gg o 'Q oQ D W z a o zyw ZUV Lu °ow IIVM OIIOS FIJIH .B O� Y� 2 g� �X r 5o LL U x H11M 213d3f18 3dV0SONVl m W W w r m S Z m o (n A 3dA1 301M S 1 � X� a�= w a U 3J'� a� U y LLIm ° Z Lu LL r �+� �� r 4 �� r• rr �� rrl 3 5 LL z _ 7 1 ` 4r Q ti ul W VO rW .. •- •- . 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O U) a 00 W - _ O z c z ON H wa Z U. z z _ 0 w F- c rs c z >w a� Z \w / r V 5 J F- w c § -.x1 za 4 O w z0 F- O z F-w U tnzZ> W OU W Q c w w > CL =) ch Q mw=0 F- W F- z c- N ti M Cb a Y V M a 3.D.d EXHIBIT "B" Packet Pg. 376 3.D.d BAUMGARTEN MPUD DEVIATIONS FROM THE LDC DEVIATION 1: From LDC Section 6.06.01. — "Street System Requirements" and "Appendix B, Typical Street Sections and Right -of -Way Design Standards". The LDC establishes a minimum 60-foot right of way width for local streets. This deviation proposes to instead allow for private roads within the site to be located in a 50-foot wide access easement or Right -of -Way, as shown on the Master Plan and in Exhibit E1, Deviation #1 Cross Section. DEVIATION 2: From LDC Section 5.06.04.F.3, "Directory Signs", which requires a Directory Sign to be a maximum of 20 feet in height and a maximum of 200 square feet, to instead allow the Directory Sign located at the Collier Boulevard entrance to the MPUD to be a maximum of 25 feet in height and a maximum of 250 square feet in size. DEVIATION 3: From LDC Sections 5.06.04.F1 and S.96.94F.4, "Ground Signs", which allows each etitparcel or tract to have a single ground sign along a public street, to 0mead-also allow o4parcels or tracts and individual free standing uses abutting Collier Boulevard and Immokalee Road within the MPUD to have one additional ground sign that is oriented to the internal private by-pass driveway (labeled as R.O.W or access easement on the Master Plan) that is provided for in the MPUD. The second sign shall be limited to 6 feet in height and 40 square feet in sign area. DEVIATION 4: Relief from LDC Section 5.06.04.F.2.b, "Outparcels-Ground Signs". which allows each parcel or tract to have a single ground sign along a public street, to also allow platted interior tracts, not adiacent to Immokalee Road or Collier Boulevard, to have a single ground sign along the interior right-of-way or access easement with a maximum height of 8 feet and 60 square feet in sign area. DEVIATION 5: Relief from from LDC Section 5.05.05.D.2.a, "Facilities with Fuel Pumps" which requires facilities with fuel pumps to be subject to the following standards where located within 250 feet of residentially zoned or residentially developed properties: a. Facility with fuel pumps sites shall be separated from residential property by a thirty-foot wide landscape buffer and an architecturally designed masonry wall. The masonry wall shall be eight (8) feet in height, centered within the landscape buffer, and shall use materials similar in color, pattern, and Ifords underlined are additions: irords strwek ihp,er+gh are deletions Baruugarlen VPI D Exh E-rev2.docx lla} 28, 2020 Page 1 of 3 EXHIBIT "B" Packet Pg. 377 3.D.d texture to those utilized for the principal structure. The masonry wall shall be located on top of a berm. The berm shall be constructed and maintained at a height of three (3) feet and a maximum slope of 3:1. The berm shall be planted with ground cover. This deviation will instead not require this MPUD to provide a wall or berm to be constructed where the facility with fuel pumps is located within 250 feet of any residential building. Deviation #6: Relief from LDC Section 5.05.05.D.2.b, "Facilities with Fuel Pumps", which requires facilities with fuel pumps to be subiect to the following standards where located within 250 feet of residentially zoned or residentially developed properties: b. Landscaping shall be required on both sides of the masonry wall. On the residential property wall side, a hedgerow consisting of #10 shrubs, spaced three (3) feet on center, and four (4) feet high at planting and five (5) feet high within one year shall be provided. In addition, a row of canopy trees spaced thirty (30) feet on center, and ten (10) feet in height at planting are required. On the facility with fuel pumps wall side, a row of canopy trees, spaced thirty (30) feet on center, and twelve (12) feet in height at planting are required. A hedgerow consisting of #10 shrubs, spaced three (3) feet on center, and four (4) feet high at planting and five (5) feet high within one year shall be provided. Required canopy trees shall be staggered to accommodate the canopy trees on the residential property wall side. This deviation will instead allow this MPUD to provide a 10-foot wide type V landscape buffer planted with 10-foot-high canopy trees planted 20 feet on center, and a hedge 3 feet in height at installation, which shall be permanently maintained at a minimum height of three feet along the eastern and southern lot boundaries. The deviation is applicable only in the location noted on the PUD Master Plan. Deviation #7: Relief from LDC Section 5.05.05.B.1 "Facilities with Fuel Pumps", which establishes site design standards for facilities with fuel pumps by requiring any front yard setback to be a minimum of 50 feet, to instead allow a reduction in the required front yard setback to a minimum of 30 feet. Deviation #8: Relief from LDC Section 5.06.04.F.3, "Directory Signs", which requires Multiple - occupancy parcels or multiple parcels developed under a unified development plan, with a minimum of eight independent units, and containing 20,000 square feet or more of leasable floor area to be permitted one directory sign at one entrance on each public street, to instead allow the directory sign to be Words underlined are additions; words shviek ihowmg are deletions Baumgarten UPI D Exh E-rer2.doex Way 28. 2020 Page 2 of 3 m rn LO ti a m a� a� R U m a a� c �L d z r Q Packet Pg. 378 3.D.d relocated so that the directory sign is permitted at the westernmost PUD entrance along Immokalee Road. This sign shall be permitted to include tenant names for "The Pointe" which is currently under review (SDP PL20190001486). Deviation #9: Relief from LDC Section 5.06.02.B.14, 'Boundary Marker sign", which allows residential developments to have one boundary marker sign or monument structure to be located at each property corner, to instead allow a mixed -use project to have one boundary marker sign at a single corner. The boundary marker sign shall include the logo and/or proiect name. Deviation #10: Relief from LDC Section 5.06.02.B.14.a. and b., 'Boundary Marker sign", which requires that the maximum height is 8 feet to the uppermost portion of the boundary marker structure, and the sign face area may not exceed 24 square feet in area and may not exceed the height or length of the monument or structure upon which it is located, to instead allow the boundary marker sign or sculpture located at the intersection of Immokalee Road and Collier Boulevard to be 10 feet in height with a maximum of 40 square feet in area. Words underlined are additions: words strrreh-tlrretrgk are deletions Baumgarten 1lPUD Exh E-rev2.docx flay 28. 2020 Page 3 of 3 A Q Packet Pg. 379 3.D.e Co er 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 Hearing Examiner For Petition Number(s): PL20210000379, Baumgarten PDI Regarding the above subject petition number(s), Christopher Scott, Peninsula Engineering (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearing of the Collier County Hearing Examiner, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Name: Christopher Scott © Applicant* ❑ Legal Counsel to Applicant Date: 7/6/2021 * 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. 380